Global Compliance

Key steps in determining building regulations

Introduction

United Arab Emirates (UAE) practices a Civil Law system that mainly revolves around Civil Transaction Law Number 5 of 1985, as amended by Federal Law Number 1 of 1987 (Civil Code) applicable to civil transactions. The construction specific laws consist of Federal and Emirate laws. Local municipalities of the required Emirate oversee building and construction standards in the UAE. Local municipality implements unified building codes and regulations to govern construction activities that aims to progress the construction standards in the UAE. The local municipality lays down various regulations, standards, codes of practice, guidelines and circulars about construction standards in their applicable region.

Practical Guidance

In UAE, each Emirate has its own legal framework that determines building and construction standards. Dubai and Abu Dhabi are a major hub for construction projects in the UAE and is used below as an example that lays down key steps that are required to be obtained in order to complete a project successfully.

Dubai

Dubai is bound by both federal laws and laws particular to the Emirate of Dubai. The construction laws include Federal and Emirate laws. The principal law contains the general contract standards and a section on ‘Muqawala’ which relates particularly on construction related issues. Dubai Municipality lays down several regulations, principles, and codes of practice, circulars, and guidelines issued by and the free zones of TECOM and JAFZA in connection with building standards in their specific jurisdiction. These standards incorporate building gauges, condition, wellbeing and security rules, and other specialized conditions. Administrative Resolution Number 125 of 2001 concerning the appropriation of Building Regulations and Standards gives a point by point discourse about how to construct in Dubai Municipality represented regions. Comparative principles are utilized as a part of JAFZA and TECOM regions.

Below are the key steps in determining building regulations.

 i. Licenses and Permits

Building contractors in Dubai must obtain a ‘contractor classification license’ that enables them to work as a contractor. There are several permits that are required subject to where the site is situated in, either under the jurisdiction of Dubai Municipality, JAFZA or TECOM. A few variations are depending on the jurisdiction, but for the most part, all contractual workers are required to get:

• A permit for civil works, which incorporates works preceding any establishments.
• A 'building permit' which expects contractual workers to submit outline illustrations of the proposed working, by the applicable expert.
• An Environmental permit from the pertinent authority.
• A permit for an access road and internal road network from the Roads and Transport Authority.
• Approval of the plan for the arrangement for the transfer of dangerous waste issued by the relevant authority.
• Permits from Dubai government elements concerning utilities, for example, DEWA for water and power and sewage and Etisalat for media communications.
• Building Completion Certificate, which enables the building to be occupied and running.

During

Contractor requests and receives inspections 

Building development-related construction and their licensing authorities vary among Emirates, depending on the type of the building and its complexities.

Skyscrapers - The Dubai Municipality (DM) issues "building contracting" licenses, however, these don't permit the development of skyscrapers. To construct tall buildings, a contractual worker must apply to the DM to change its "building contracting" movement to a larger amount (for instance, G+20, G+30, G+40, etc.). The DM does an evaluation procedure previously permitting this change. The method and time span of the appraisal differs. The district can ask for: – specialized reports; – ensured encounter articulations (indicating knowledge of developing structures of comparative statures); and – confirmation of qualified and satisfactorily experienced employees.

ii.Health and Safety

The Labour Law and Ministerial Decisions set out the principle for health and safety for both the employer and the employee. A sign displaying the health and safety requirement on a site a noticeable position and in the language of the labors are required by law. There must be adequate training directed at the risks of dangers and not consenting to the guidelines and also other general safeguard measures to be taken. The key health and safety regulations fall under Federal Law Number 8 of 1980 (as amended) (the Labour Law), in addition to all labor-related issues notwithstanding various controls, codes of training and particular specialized rules.

iii. Environmental Assessment and Sustainability

Developers and contractual workers are required to take environmental impact evaluations and stringent environmental precaution measures during the permitting and licensing process.

The main federal laws which regulate environmental protection affecting the building and construction industry include:

• Federal Law (24) of 1999 regarding the protection and development of the Environment
• Federal Law (23) of 1999 concerning the exploitation and protection and development of Living aquatic resources
• The Competent Authority for Dubai is Dubai Municipality

iv. Infrastructure and Utilities

The owner or the developer is responsible for providing utilities to the site and must obtain a Non- Objection Certificate (NOC) from each utility supplier like DEWA (Dubai Electricity and Water Authority), RTA (Roads and Transport Authority) and Etisalat (telecommunications). Once the construction is complete NOC's are to be obtained for the Completion Certificate to be issued.

Abu Dhabi

The Abu Dhabi Department of Municipal Affairs (DMA) has additionally propelled the Abu Dhabi Building Codes. It is an arrangement of composed construction regulations that enable the development principles for structures in Abu Dhabi. It introduces a common set of regulations to represent the construction industry all through Abu Dhabi and is adapted from the International Codes distributed by the International Codes Council. The codes are relevant to all activities in Abu Dhabi, including all private and business ventures. For a government project, In Abu Dhabi, contractors must make applications to the planning section of the Abu Dhabi DED.

Sustainable development

The Abu Dhabi Department of Municipal Affairs (DMA) has additionally propelled the Abu Dhabi Building Codes. It is an arrangement of composed construction regulations that enable the development principles for structures in Abu Dhabi. It introduces a common set of regulations to represent the construction industry all through Abu Dhabi and is adapted from the International Codes distributed by the International Codes Council. The codes are relevant to all activities in Abu Dhabi, including all private and business ventures. For a government project, In Abu Dhabi, contractors must make applications to the planning section of the Abu Dhabi DED.

Comparison with Common Law

The law of UAE depends on the Civil law framework. The law of UAE is codified which implies that a complete lawful structure has been set up, and it is conceived that it will administer most inevitabilities. The motivation behind the framework is to limit the court's discretion. However, prior judgments can be utilized as direction, precedent does not bind the courts and legal. This framework can be contrasted with the common law, where the legal structure is produced through judgments and precedent that binds the court. Legislation under the common law is an idea based instead of civil law which is significantly more prescriptive. The judiciary interprets the law relying upon the facts of the case as the laws don't cover each consequence, wanting to leave this to the court system.

Glossary

• Federal Law (24) of 1999 regarding the protection and development of the Environment
• Federal Law (23) of 1999 concerning the exploitation and protection and development of Living aquatic resources
• Muqawala: This is a contract whereby one of the parties undertakes a task where the other party provides consideration.
• Federal Law Number 8 of 1980 concerns Labour Law
• Administrative Resolution Number 125 of 2001 concerning the appropriation of Building Regulations and Standards