Law No. (8) of 2019 Concerning the Regulation of Occupancy of Properties and Residential Units in the Emirate of Abu Dhabi
Abu Dhabi Official Gazette, 31 January 2019
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:
Emirate : The Emirate of Abu Dhabi.
Government : The Government of Abu Dhabi.
Executive
Council
: The Executive Council of the Emirate.
Department : The Department of Urban Planning and Municipalities.
Competent
Authority
: The Municipality within the geographical jurisdiction of
which the property or Residential Units is located.
Properties : The various types of Properties including lands, buildings
and utilities.
Residential
Unit
: The building or any part thereof designed for residence
purpose.
Shared
Housing
: The residence of a group of persons in a property or
Residential Unit in a manner that is not compatible with its
area and nature of Services allocated thereto and violating
the safety and security procedures, prevailing customs and
public decency or contradicting the principles of public
morals and ethics prevailing in the State.
Landlord : The natural or legal person owning, by law or agreement,
the right to dispose of the property and whomever the
property ownership is transferred to during the period
of the lease, or the person acting on his behalf or legally
representing him. This shall include the Tenant authorised
by the Landlord to sublease.
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Tenant : Every natural or legal person engaged with the Landlord
with a lease contract of a Residential Unit, whether
occupying such unit or not.
Families : A group of people related to each other whether by blood
or marriage.
Occupant : Every natural person residing in the Residential Unit on a
permanent or temporary basis.
Certificate of
Occupancy
: The certificate issued by the Competent Authority to allow
occupancy of the building.
Services : Including gas, electricity, water or any public service
provided to the Property or Residential Unit.
Service
Providers
: Entities and companies delivering Services to the
Properties and Residential Units.
Nationals
Housing
: Housing granted by the government to the Nationals
according to the legislations in force.
Licensed
Annex
: A residential unit that is licensed by the Competent
Authority, annexed to the Nationals Housing and having
an independent entrance.
Humanitarian
Situations
: Situations where the health status of one of the residents
necessitates the provision of Services according to the
rules determined by the Department.
Article 2 — The provisions of this Law shall apply to all Properties and Residential Units ¶
and their Landlords, Tenants and Occupants in the Emirate.
Article 3 — The Properties, Residential Units and Nationals Housing shall be occupied ¶
according to the purpose for which they were designed, without contradicting
the provisions of this Law, the resolutions implementing the same and the
legislations in force.
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Article 4 — 1. The Landlords of Properties, Residential Units and Nationals Housing ¶
shall not:
• Occupy the same before issuance of the Certificate of Occupancy, in
case of expiry of its validity or issuance of a decision to cancel the same.
• Lease the Nationals Housing, except for the Licensed Annex.
• Occupy, use or lease the Properties for which demolition permits are
issued in whole or in part.
• Lease them to non-families in residential areas determined by a
resolution issued by the Chairman of the Department.
2. As an exception to paragraph 4 of Clause (1) of this Article, the Properties
and Residential Units may be leased to the categories to be determined by
a resolution from the Chairman of the Department.
Article 5 — 1. Shared Housing shall be prohibited in Properties and Residential Units in ¶
the Emirate.
2. A resolution by the Chairman of the Department shall determine the
specifications of the Residential Unit and the number of Occupants thereof
according to its space and in accordance with the safety and security
procedures as well as the prevailing public morals in the State.
Article 6 — The property owner (Landlord) shall be considered, in case of his knowledge, ¶
as having participated in the violation if it was proved that the Tenant
occupied or subleased the property in violation to this Law and its executive
regulation.
Article 7 — • Without prejudice to any more severe punishment provided by another ¶
Law, an administrative fine not exceeding AED (1,000,000) one million
Dirhams shall be imposed on whomever violates the provisions of this Law
and its executive regulations, and resolutions implementing the same.
• The Competent Authority shall collect the administrative fines and the
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Chairman of the Department shall issue, following the approval of the
Executive Council, a table specifying the violations and administrative
fines prescribed for each, without exceeding the fine limit set forth in this
Article.
• The Chairman of the Department or his delegate may offer reconciliation
to the violator, provided that it is proved in the minutes of proceedings.
The violator who accepts reconciliation shall pay a fine equivalent to (75%)
of the total administrative fine specified for the violation, within a period
not exceeding sixty days from the date of offering reconciliation thereto.
• In all events, if the violator does not remove the effects of the violation
in a timely manner, the Department shall remove them at the violator's
expense.
• The executive regulation of this Law shall determine the said reconciliation
procedures including its time limits.
Article 8 — • The Competent Authority may impose any of the following administrative ¶
penalties:
a- Informal verbal warning.
b- Warning.
c- Cutting off the Services provided to the Property, Residential Unit or
licensed annex in coordination with the Service Providers, provided that
the following conditions are met:
• Obtaining the approval of the Chairman of the Department.
• Ensuring the absence of Humanitarian Cases in the property or
Residential Unit.
• Notifying the violator (60) days at least before cutting off the Services.
• A grievance may be filed against administrative penalties before the
Competent Authority within one week from the date of notification of the
applicant thereof. The non-settlement of the grievance within one week
from the date of filing it shall be considered as an acceptance thereof.
• The executive regulation of this Law shall determine the procedures and
rules of implementing the aforesaid administrative penalties.
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Article 9 — The Chairman of the Department shall issue the Executive Regulation of this ¶
Law following the approval of the Executive Council.
The Chairman of the Department shall issue the resolutions necessary for
the implementation of the provisions of this Law.
Article 10 — The regulations and resolutions issued in implementation of the provisions ¶
of the aforesaid Law No. (1) of 2011 shall remain effective without prejudice
to the provisions of this Law until the issuance of the executive regulation
and resolutions implementing the provisions thereof.
Article 11 — • The aforesaid Law No. (1) of 2011 shall be repealed. ¶
• Any provision that is contrary to or inconsistent with the provisions of this
Law shall be repealed.
Article 12 — This Law shall be published in the Official Gazette and shall be effective from ¶
the date of its publication.
Issued by us in Abu Dhabi
On: 31 January 2019
Corresponding to: 25 Jumada Al-Awwal 1440 Hijri
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi
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Decrees
Decrees
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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 ↗