UAE Law and Practice Contributed by: Duncan Pickering, Nicola de Sylva, Sean Cope and Marta Almeida, DLA Piper Middle East LLP
4.5 Right of Appeal Against an Authority’s Decision
accordance with existing legislation, 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 a development to be 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 to be 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. Within the free zones, the relevant authorities have planning powers, subject to a degree of oversight 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.
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. 4.6 Agreements With Local or Governmental Authorities Non-binding memoranda of understanding are common between master developers and stat - utory utility suppliers. Binding agreements are common with providers of district cooling servic - es, which are sometimes project-financed. For - mal agreements with local authorities are rare. 4.7 Enforcement of Restrictions on Development and Designated Use The DMT (Abu Dhabi) or the DM (Dubai) can order a contractor to stop work and, in extreme cases, to demolish unapproved structures. This is likely to be established during an inspection prior to the granting of a completion certificate. A building completion certificate will not be issued if the building permit has not been com - plied with. The building completion certificate is required in order for occupation of the building to be allowed.
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