Law No. (5) of 2018 Concerning the Establishment of the Department of Urban Planning and Municipalities
Abu Dhabi Official Gazette, 28 February 2018
Article 1 — In the implementation of the provisions of this Law, the following words and ¶
phrases shall have the meanings corresponding thereto unless the context
requires otherwise:
State : The United Arab Emirates.
Emirate : The Emirate of Abu Dhabi.
Executive
Council
: The Executive Council of the Emirate.
Department : The Department of Urban Planning and Municipalities.
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Sector
of Urban
Planning and
Municipalities
: The sector concerned with everything that is
established above and below land, whether
permanently or temporarily, and all that leads
to change in it, including the determination of
sites, areas and uses, and any land and marine
installations of all kinds held on it, setting criteria for
its development and design and the materials used
in it, the aesthetic works, and all matters related to
the City’s appearance, the determination of paths
and locations of the infrastructure, its dimensions
and the dredging and reclamation works, in addition
to all works and data associated with its planning,
ownership, design, licensing, implementation, usage,
maintenance, modification, removal and provision
of services associated with it, and all entities and
companies directly operating therein and their
workforce, in addition to all matters related to the
work of the municipalities in the Emirate according to
the competencies granted to them.
Municipality : Abu Dhabi City Municipality, Al Ain City Municipality
or Al Dhafra Region Municipality, or any municipality
that may be established in the Emirate in the future.
Affiliates : Entities operating in the Sector of Urban Planning and
Municipalities that are affiliated to the Department,
under its control and supervision and which are
specified by a resolution of the Executive Council.
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Section (2)
Establishment, Objectives and Competencies of the Department
Article 2 — • Pursuant to the provisions of this law, a department called "Department ¶
of Urban Planning and Municipalities" shall be established, and shall
replace the Department of Municipal Affairs and Transport and Abu Dhabi
Urban Planning Council.
• The employees and staff of the Department of Municipal Affairs and
Transport and the Abu Dhabi Urban Planning Council, along with all of
the assets, properties, rights and obligations of said two entities, shall
be transferred to the Department. The Department shall be the legal
successor to said two entities.
Article 3 — The Department aims at supporting the urban growth and development of ¶
the Emirate, directing, organising and monitoring the urban development
activities, upgrading municipal work to provide appropriate level of services
and ensuring decent living conditions to all residents of the Emirate through
its supervision and control over the municipalities and municipal councils.
Article 4 — • In order to achieve its objectives, the Department shall assume the ¶
following competencies:
1. Propose the strategic and implementing plans for the Sector of Urban
Planning and Municipalities in the Emirate, have them approved by the
Executive Council and supervise their implementation.
2. Follow-up the Affiliates’ undertaking to implement the strategic and
implementing plans for the Sector of Urban Planning and Municipalities.
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3. Monitor and supervise all the Affiliates such as their disbursements from
their budgets and the revenues earned, as well as their commitment
to their duties and competencies, and approve their strategic and
implementing plans.
4. Regulate the Sector of Urban Planning and Municipalities in all aspects
through the development of policies, standards, regulations, resolutions
and implementing and operational circulars for said Sector.
5. Monitor and supervise the Sector of Urban Planning and Municipalities
in accordance with the relevant legislations, conventions and treaties
in force for said Sector on the local and international levels, and in
coordination with the relevant entities in the State and abroad.
6. License all entities, companies and persons working in the Sector of
Urban Planning and Municipalities and monitor their commitment to
providing the optimum level of quality of services in accordance with
the legislations in force, and in coordination with the relevant entities.
7. Propose the fees, tariffs and prices related to its competencies and
submit them to the Executive Council for approval, in accordance with
the applicable regulations.
8. Submit periodic reports and analytical studies to Abu Dhabi Executive
Office in relation to the Department's competencies.
9. Encourage investments and partnerships with the private sector for
projects related to the competencies of the Department in coordination
with the relevant entities.
10. Any other competencies or duties assigned thereto by the Executive
Council.
• The Department may delegate some of its competencies to any other
governmental entity or outsource some to the private sector upon the
approval of the Executive Council.
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Article 5 — • The Chairman of the Executive Council shall issue a resolution to specify ¶
any additional competencies of the Department.
• The Executive Council may amend the Department’s competencies
mentioned in this law or in any other legislation by deletion, addition or
transfer.
Article 6 — • The Abu Dhabi City Municipality, Al Ain City Municipality, Al Dhafra ¶
Municipality and any Municipality that is established in the future shall
be affiliated to the Department. The Department shall take charge of
monitoring and supervising the municipalities and may propose the
necessary modifications to their organisational structures and submit
them to the Executive Council for approval in accordance with the
applicable legislations. For this purpose, the Department may issue the
regulations and resolutions necessary to ensure the proper operation of
their work.
• The directors-general in the municipalities shall be appointed by a
resolution of the Chairman of the Executive Council. The resolution shall
specify their competencies and duties.
Article 7 — The Municipal Council in the Municipalities shall be responsible for improving ¶
the level of services provided in the region and determining the manner
by which the municipality accomplishes its functions and shall provide the
support required for this end. It shall also work on activating the role of the
local community in advancing the services of the region. It may in particular:
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1. Propose the legislations falling within its competencies and submit them
to the Chairman of the Department.
2. Propose the formation of any standing or temporary committees it deems
necessary, and set out their powers and submit them to the Chairman of
the Department for approval.
3. Monitor the works of the standing and temporary committees.
4. Any other competencies assigned to it by the Chairman of the Department.
Article 8 — The Chairman of the Department shall exercise all the powers and ¶
competencies vested in the Municipal Council in the Municipalities in case
of its absence.
Article 9 — All persons, entities and public and private companies shall provide the ¶
Department with the documents and information it requires to carry out or
execute its competencies.
Article 10 — The Executive Council shall issue a resolution to specify the Affiliates that ¶
shall be under the monitoring and supervision of the Department.
Section (3)
General Provisions
Article 11 — In agreement with the Chairman of the Department, the Chairman of ¶
Abu Dhabi Judicial Department shall issue a resolution specifying the
Department’s officers who have been granted the law enforcement
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authority for offences within their jurisdiction. They shall have the right
to inspect and monitor all entities, companies and persons operating
in the Sector of Urban Planning and Municipalities, in order to verify
the implementation of the provisions of this Law and its implementing
regulations, resolutions and circulars.
Article 12 — • It is prohibited to establish any works, constructions or projects or to ¶
carry out any activity within the competencies of the Department without
obtaining an authorisation from the Department in accordance with the
applicable regulations.
• The person authorised under the preceding paragraph shall comply with
the authorisation limits granted to him by the Department, and respect
the legislations, regulations and resolutions applicable in this regard.
Article 13 — • Without prejudice to any more severe penalty provided for by any other ¶
law, an administrative fine of no more than AED (10,000,000) ten million
shall be imposed on whoever violates the provisions of this Law and its
regulatory and implementing rules as well as its implementing regulations,
policies, resolutions and circulars.
• The Department shall take charge of collecting the administrative
fines. Upon the approval of the Executive Council, the Chairman of the
Department shall issue a schedule specifying the offences and the
administrative fines prescribed for each of them, without exceeding the
fine provided for in this Article.
• The Chairman of the Department, or whom he authorises, may propose
reconciliation to the offender, provided that this is established in the
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record of proceedings. The offender who accepts reconciliation shall
pay a fine equivalent to 75% of the total administrative fine determined
for the offence within a period not exceeding sixty days from the date of
proposing the reconciliation.
• In all cases, if the offender fails to remove the effects of the offence on
the date scheduled, the Department shall remove such effects at the
expense of the offender.
• The regulatory and implementing rules of this Law shall specify the
procedures of the above-mentioned reconciliation, including its
timeframes.
Article 14 — • The Department may impose any of the following administrative penalties: ¶
1. Notice.
2. Warning.
3. Placing the establishment under financial, administrative and technical
supervision.
4. Temporary suspension of activity.
5. Cancellation or suspension of the licence.
6. Closing of the establishment temporarily or permanently.
• Grievances may be filed against the administrative penalties before the
Department within sixty days from the date of notification of the grievant.
Failure to decide upon the grievance within 90 days from the date of its
submission shall be regarded as acceptance of the grievance.
• The regulatory and implementing rules of this Law shall determine the
procedures and controls required for the application of the aforesaid
administrative penalties.
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Article 15 — The Department shall propose its organisational structure and submit it ¶
to the Executive Council for approval, in accordance with the applicable
regulations.
Article 16 — • The financial laws and regulations in force in the Emirate shall apply to the ¶
Department.
• The human resources laws and regulations in force in the Emirate shall
apply to the employees of the Department.
• The Civil Retirement Pensions and Benefits law in force in the Emirate
shall apply to the nationals.
Article 17 — • Upon the approval of the Executive Council, the Chairman of the ¶
Department shall issue the regulatory and implementing rules of this Law.
• The policies, regulations, rules, resolutions and circulars in force shall
remain applicable in a manner consistent with the provisions of this
Law until the issuance of its implementing policies, regulations, rules,
resolutions and circulars.
• The Chairman of the Department shall issue the implementing and
operational policies of this Law.
Article 18 — • The aforesaid Law No. (23) of 2007 and Law No. (13) of 2016 shall be ¶
repealed.
• Any text or provision, prescribed in the legislations establishing Affiliates,
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which is contrary to the provisions of this Law, shall be repealed.
• Any text or provision contrary to the provisions of this Law shall be
repealed.
Article 19 — This Law shall be effective from the date of its issuance and shall be published ¶
in the Official Gazette.
Issued by us in Abu Dhabi
On: 20 February 2018
Corresponding to: 4 Jumada Al Akher 1439 H
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi
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Unofficial text extracted from public documents; formatting and completeness are not guaranteed. Verify against the official source. In case of conflict, the Arabic text prevails. Not legal advice. Official source ↗