UAE Law and Practice Contributed by: Duncan Pickering, Nicola de Sylva and Sean Cope, DLA Piper Middle East LLP
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Abu Dhabi To assist in regulating the design, appearance and method of construction of new buildings, the DMT has adopted the International Codes of the International Code Council (such as the Building, Fire, and Plumbing Codes, etc) and the Abu Dhabi Environmental Health and Safety Management System. Any development must also comply with the statutory requirements of other government agencies, such as the DMT and Abu Dhabi Waste Management Control, among others. Dubai In addition to the three types of permits listed above, the Planning Law confirms that additional requirements may be imposed on permits by the DM, which could take the form of conditions, and that environmental impact assessments (EIAs) will apply in accordance with existing leg - islation, with the DM as the relevant authority. The Planning Law envisages that decisions in respect of “major urban projects” may be issued by the Supreme Committee for Urban Planning. Further details are awaited as to the threshold for development being considered a major urban project. Numerous technical guidelines and circulars issued by the DM and other relevant authorities also regulate detailed designs. These need to be examined on a case-by-case basis to ensure that the detailed design is compliant with the rel - evant regulations for the area where the building is being constructed.
4.3 Regulatory Authorities In Abu Dhabi, the main authority responsible for regulating the development and designated use of land is the DMT. In Dubai, the main authority responsible for regu - lating the development and designated use of land is the DM, subject to the oversight of the Supreme Committee for Urban Planning. With - in the free zones, the relevant authorities have planning powers, subject to a degree of over - sight by the DM. 4.4 Obtaining Entitlements to Develop a New Project An application is required to be made to the DMT (Abu Dhabi), the DM (Dubai) or the relevant free zone authority for approval of proposed devel - opments or change of use. Generally, there are no formal consultation processes involving third parties, although the Planning Law suggests that in the future a certain degree of consultation may be provided for in Dubai. 4.5 Right of Appeal Against an Authority’s Decision In Abu Dhabi, the decision of a governmental authority may be reviewed by the Ruler of the Crown Prince’s Office by direct application; and in Dubai it is possible to apply to the Ruler’s Court. In both cases, the power to intervene in such decisions is entirely discretionary. In Dubai, the Planning Law states that the Supreme Committee for Urban Planning will be responsible for dispute resolution. While further details can be expected in secondary legisla - tion and guidance, the implication is that dispute resolution may be available for applicants.
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