Question: I recently moved into a villa that I bought in a popular Dubai community. I need to add a room to the villa by partitioning the living room. This would involve some minor construction work. Would I need regulator approvals for this?
Answer: The Building and Government Housing Department of the Dubai Municipality is the ‘Competent Department’ which issues approvals for constructions and repair works of a building. This is in accordance with ‘Definitions’ mentioned in Article 3 of the Local Order No. 3 of 1999 Regulating Construction Work in the Emirate of Dubai.
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No individual may carry out permanent or temporary works on a building or property without a permit issued by the Competent Department of Dubai Municipality. This is under Article 4 of the Dubai Local Order No. 3 of 1999, which states, “No natural person or public or private legal person may implement any construction works that involve permanently or temporarily changing, whether in whole or in part, the features of any land or real property, without first obtaining the relevant permit from the competent department.”
An individual or his or her representative (engineers or contractors) should file an application with the Department related to construction works to be undertaken in a building. This is in accordance with Article 5 of the Dubai Local Order No. 3 of 1999, which states, ”A permit application signed by the Applicant will be submitted to the Competent Department on the form prescribed for this purpose, together with the relevant required documents. The implementing bylaw of this order will determine the documents required in this respect.”
Furthermore, any construction works including temporary constructions may be implemented as per approved plans and drawings and technical requirements as approved by the Competent Department of Dubai Municipality. This is under Article 14 of the Dubai Local Order No. 3 of 1999, which states, “Construction works must be implemented as per the approved plans and drawings, the conditions based on which the permit is issued, and the technical engineering standards adopted in this respect. No changes or amendments to these documents may be made without the relevant approval of the Competent Department.”
Moreover, Article 19 to Article 26 of the Dubai Local Order No. 3 of 1999 mentions the obligations of the relevant parties who undertake construction works such as contractors and engineers. The said clauses also mention the safety conditions which need to be undertaken while conducting construction works on a building or a property.
Additionally, Schedule No. 1 of the Local Order No. 3 of 1999 mentions the applications fees of Dubai Municipality for engineering audit of plans and Schedule No. 6 of the said order mentions the fees of Dubai Municipality for modifications and additions to the approved plans.
Based on the aforementioned provisions of the local order of Dubai, you may appoint a licensed contractor or engineer who may assist you in obtaining various permissions from Dubai Municipality to undertake renovation work in your villa. You may be required to obtain a No Objection Certificate (NOC) from the master developer or the community management in order to ensure that the modifications or alteration comply with the guidelines set by master developer or community management, Dubai Municipality, Dubai Development Authority (DDA) and any other relevant authority as applicable.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.