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Administrative Decision No. (1) for the Year 2019
Administrative Decision No. (1) for the Year 2019
Regarding the Regulation of Outdoor Seating and Pavement Occupancy
The Chairman of the Department of Urban Planning and Municipalities:
- Having reviewed Law No. (1) of 1974 regarding the reorganization of the government apparatus in the Emirate of Abu Dhabi and its amending laws,
- And Law No. (10) of 2006 concerning the Municipality and Municipal Council of the Western Region in the Emirate of Abu Dhabi and its amending laws,
- And Law No. (10) of 2007 concerning the Municipality and Municipal Council of Abu Dhabi City in the Emirate of Abu Dhabi and its amending laws,
- And Law No. (11) of 2007 concerning the Municipality and Municipal Council of Al Ain City in the Emirate of Abu Dhabi and its amending laws,
- And Law No. (2) of 2012 regarding the preservation of public appearance, health, and public tranquility and its executive regulations,
- And Law No. (5) of 2018 regarding the establishment of the Department of Urban Planning and Municipalities,
- And Emiri Decree No. (13) of 2017 regarding the reconstitution of the Executive Council of the Emirate of Abu Dhabi,
- And Executive Committee Resolution No. (16) C 2007/20 concerning assigning the Department of Municipal Affairs to regulate outdoor seating in front of restaurants and cafes,
- And Administrative Decision No. (86) of 2007 regarding the regulation of outdoor seating at restaurants and cafes,
- And Administrative Decision No. (99) of 2010 regarding the regulation of outdoor seating in front of restaurants and cafes,
- And Administrative Decision No. (209) of 2015 regarding the issuance of the unified executive regulation for organizing vehicle parking in the Emirate of Abu Dhabi,
- And pursuant to the powers and competencies vested in the Chairman of the Department, and in accordance with the public interest,
It is decided as follows:
Article (1)
In the application of the provisions of this decision, the following words and phrases shall have the meanings assigned to each of them, unless the context indicates otherwise:
| The Emirate |
: The Emirate of Abu Dhabi |
| The Department |
: Department of Urban Planning and Municipalities |
| The Concerned Municipality |
: Abu Dhabi City Municipality, Al Ain City Municipality, Al Dhafra Region Municipality, or any other municipality to be established in the Emirate in the future. |
| Person |
: A natural or legal person who engages in any of the licensed commercial activities in the Emirate |
| Outdoor Seating |
: A temporary space outside the plot boundaries on the pavement or road right-of-way, used for serving food and beverages in front of commercial establishments, by placing a set of furniture, tables, chairs, umbrellas, and the like. |
| Pavement |
: The paved area within the road right-of-way located outside the plot boundaries |
| Permit |
: The document issued by the concerned municipality to establish outdoor seating and occupy the pavement. |
| The Concerned Party |
: The owner of the commercial license for the establishment or their legal representative |
| The Guide |
: The Guide for Regulating Outdoor Seating and Pavement Occupancy in the Emirate of Abu Dhabi. |
| The Law |
: Law No. (2) of 2012 regarding the preservation of public appearance, health, and public tranquility in the Emirate of Abu Dhabi. |
Article (2)
This decision and its attached guide shall apply to outdoor seating and pavement occupancy in the Emirate.
Article (3)
No person shall establish outdoor seating or occupy the pavement in the external areas in front of buildings and commercial establishments with any type of pavement occupancy, regardless of the materials they are made or constructed of, whether placed horizontally, vertically, or suspended, and whether permanent or temporary, without first obtaining a permit from the concerned municipality, in accordance with the requirements and standards set forth in the Guide for Regulating Outdoor Seating and Pavement Occupancy attached to this decision.
Article (4)
The permit shall be valid for one year, renewable. The permit expires upon the termination of the commercial establishment's lease agreement, which is attested by the concerned municipality. The permit may be issued for the remaining period of the lease agreement, provided it is not less than six (6) months. Fees and the security deposit shall be collected according to the schedule attached to this decision.
Article (5)
The concerned party shall be responsible for compensating for any damages that may be caused to the public road or any of the operational equipment or installations within the road right-of-way, including lighting poles, electrical panels, traffic lights, traffic and guide signs, iron barriers, plants, and other public or private properties.
Article (6)
- Without prejudice to any penalty stipulated by the law, the fines specified in the attached schedule shall be applied to violators of the provisions of this decision and its guide.
- The concerned municipality may remove the violation if the violating person fails to do so, without any liability, and the violator shall bear the costs of removal.
- The concerned municipality may cancel the permit and request the removal of the outdoor seating in the event of any development plan in the area or for reasons related to infrastructure services on the pavement or road right-of-way.
Article (7)
Administrative Decision No. (86) of 2007 and Administrative Decision No. (99) of 2010 are hereby repealed, as is any text or provision that contradicts or conflicts with the provisions of this decision.
Article (8)
This decision shall be communicated to whom it may concern for its implementation, shall be effective from the date of its issuance, and shall be published in the Official Gazette.
Falah Mohammed Al Ahbabi
Chairman of the Department of Urban Planning and Municipalities
Issued:
Date: 27/04/1440 H
Corresponding to: 03/01/2019 G
Administrative Decision No. (1) for the Year 2019
Regarding the Regulation of Outdoor Seating and Pavement Occupancy
(Schedules of Fees and Fines)
First: Fees and Deposits:
| Fee Description |
Fee in AED |
Deposit in AED |
| Application Submission Fee |
200 |
10,000
(Refundable Cash Deposit)
|
| Permit Fee for Pavement or Outdoor Area Occupancy |
According to the formula below, with a minimum of 3,000 AED |
| Permit Fee for Pavement or Outdoor Area Occupancy = Rent Value X 25% X Required Area / Internal Area of the Shop |
Second: Violations and Fines:
| Violation Description |
Fine in AED |
Additional Penalties |
| Occupying a pavement or outdoor area without a permit or with an expired permit |
5,000 |
Immediate removal of the encroachment and doubling the fine after 24 hours if the encroachment is not removed, while bearing the cost of repairing damages, if any. |
| Violation of permit conditions |
3,000 |
The expired permit violation will be applied after three days from the expiry date |