UAE Law and Practice Contributed by: Brendan Hundt, Dan Feldman, Sam Anastasiou and Saiesh Kamath, King & Spalding LLP
specific engagement in sensitive cases, but this is not equivalent to a general statutory public-hearing process. The electricity regulator or utility generally has author- ity to grant sector-specific licences, technical approv- als, connection approvals and energisation approvals within its statutory remit. It does not, however, replace the separate authority of municipalities, environmental regulators, civil defence authorities and road or infra- structure authorities, each of which grants its own approvals rather than merely making recommenda- tions to the electricity regulator. There are no typical statutory timelines for distribu- tion-facility approvals, and major utility projects can take several months or longer depending on land, routing, environmental assessment, procurement and construction complexity. 5.3 Terms and Conditions Imposed in Approvals to Construct and Operate Electric Distribution Facilities Approvals for electric distribution facilities in the UAE are usually conditional on compliance with the approved design, applicable utility standards, meter- ing arrangements, connection requirements, inspec- tion requirements and any environmental or municipal NOCs. In Dubai, DEWA connection approvals typically require load schedules, single-line diagrams, low-voltage (LV) distribution and metering drawings, site layouts showing substations or electrical rooms, wiring lay- outs, applicable substation details, signed terms and conditions for electricity and water supply, and site photographs at LV inspection stage. DEWA approv- als usually proceed on the basis that installations must pass LV and, where applicable, high-voltage (HV) inspection before energisation, and that supply is released only after the required payment, metering and security-deposit steps are completed. Electrical installations and equipment must also be inspected, tested and finally approved by DEWA before connec- tion to the electricity supply. In Abu Dhabi, typical approval conditions include compliance with Department of Energy technical
regulations, use of approved contractors and equip- ment, submission of electrical installation certificates, inspection and testing, safe earthing and protection arrangements, and approval by the distribution com- pany for specific non-standard arrangements. Elec- tricity Supply Regulations also impose service-quality and safety obligations on distribution companies, including requirements for notice of planned interrup- tions and measures to reduce the risk of prolonged interruptions where customers are supplied through third-party electrical equipment. For distributed renewable generation, Federal Decree Law No 17 of 2022 relies on a connection-agreement model, under which the rules and conditions for oper- ating and connecting the distributed production unit are agreed with the service provider and regulated by the competent authority. Environmental approvals commonly impose separate conditions, including implementation of mitigation measures, environmental management and monitor- ing programmes, compliance with emissions, noise and pollution limits, site access for inspectors, report- ing, renewal obligations and compliance with the approved EIA or environmental clearance. There are no mandated procedures for relaxing dis- tribution-approval conditions. Applicants must apply to the authority that imposed the relevant condition. 5.4 Eminent Domain, Condemnation or Expropriation Rights to Construct and Operate Electricity Distribution Facilities A distribution project proponent does not have an automatic or standalone eminent domain right in the UAE. Any compulsory acquisition must be authorised by law, serve a public benefit, and be subject to fair compensation. In practice, distribution assets are usually developed by, or in close co-ordination with, the relevant incum- bent utility: TAQA Distribution in Abu Dhabi, DEWA in Dubai, SEWA in Sharjah and EtihadWE in the Northern Emirates. Surface rights are typically secured through government land allocations, public utility corridors, road reserves, leases, easements, musataha , statuto -
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