UAE Law and Practice Contributed by: Duncan Pickering, Nicola de Sylva, Sean Cope and Marta Almeida, DLA Piper LLP
tal Health and Safety Management System, together with requirements imposed by other statutory bodies such as waste‑management authorities. Dubai In Dubai, land use and development control is gov - erned under Dubai Law No 16 of 2023 on Urban Plan - ning (the “Planning Law”). The Planning Law estab - lishes a planning hierarchy consisting of a primary structure plan, currently embodied in the Dubai Urban Plan 2040, and various subsidiary framework plans to be issued by the Dubai Municipality (DM) or other authorities. No development work may proceed with - out obtaining the relevant master plan permit, plan - ning permit, or general planning permit, and undertak - ing unpermitted development constitutes an offence. Developers must obtain an affection plan from DM, which sets out key zoning parameters including land- use classification, height limits, setbacks, usage requirements and parking obligations. Additional tech - nical guidance and circulars issued by DM and other authorities regulate detailed design standards. Envi - ronmental impact assessments may also be required under existing environmental legislation. Regulatory oversight is primarily exercised by the DMT in Abu Dhabi and DM, subject to the oversight of the Supreme Committee for Urban Planning, in Dubai. Free zone authorities administer planning controls within their jurisdictions, albeit subject to a degree of oversight by DM. 4.2 Development Process, Challenges and Enforcement Abu Dhabi Development rights are obtained through a struc - tured planning and permitting process administered principally by the Department of Municipalities and Transport (DMT) and the relevant municipal authority. Proposed developments must align with the Emirate’s strategic planning framework (including Capital 2030) and are typically progressed through staged submis - sions, from concept and detailed planning approvals through to building permits. Depending on the nature and location of the project, additional approvals may be required from sector‑specific public bodies (includ - ing environmental, infrastructure and transport author -
ities). Within free zones, the relevant zone authority administers planning controls, subject to overarching emirate‑level policies. Dubai In Dubai, land use and development control is gov - erned by Dubai Law No 16 of 2023 on Urban Plan - ning, under the oversight of Dubai Municipality and the Supreme Committee for Urban Planning. Devel - opment may only proceed following the grant of the appropriate planning or development permit. Zon - ing parameters and permitted uses are confirmed through planning documentation (including affection plans), which set out land‑use classification, height limits, density, setbacks and parking requirements. Free zone authorities exercise planning powers within their respective jurisdictions, albeit within the broader emirate‑wide planning framework. Abu Dhabi and Dubai Application for development approval or change of use must be made to the DMT (Abu Dhabi), the DM (Dubai) or the relevant free zone authority for approval. There are generally no formal consultation or objection processes for third parties, although Dubai’s Planning Law contemplates the possible introduction of limited consultation mechanisms in the future. Appeal rights are restricted and largely discretionary. In Dubai, the Planning Law provides for the Supreme Committee for Urban Planning to have a dispute reso - lution role, although scope and procedures are to be developed through secondary legislation and guid - ance. Formal development agreements with public authori - ties are uncommon. Non-binding memoranda of understanding are common between master develop - ers and statutory utility suppliers. Binding agreements are common with providers of district cooling servic - es, particularly where project-financed infrastructure is involved. Planning and zoning restrictions are enforced through permit compliance, inspections and administrative sanctions. The DMT (Abu Dhabi) or the DM (Dubai) can order works to be stopped work and, in extreme cases, require demolition of unapproved structures.
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