Administrative Decision No. (1) of 2024
Regarding the Application and Activation of the Building Occupancy Certificate System in the Emirate of Abu Dhabi
Chairman of the Department of Municipalities and Transport
Having reviewed Law No. (1) of 1974 regarding the reorganization of the government apparatus in the Emirate of Abu Dhabi and its amendments,
- And Law No. (4) of 1983 regarding the regulation of construction works in the Emirate of Abu Dhabi, its executive regulations, and its amendments,
- And Law No. (10) of 2006 regarding the Western Region Municipality and Municipal Council in the Emirate of Abu Dhabi and its amendments,
- And Law No. (10) of 2007 regarding the Abu Dhabi City Municipality and Municipal Council in the Emirate of Abu Dhabi and its amendments,
- And Law No. (11) of 2007 regarding the Al Ain City Municipality and Municipal Council in the Emirate of Abu Dhabi and its amendments,
- And Law No. (30) of 2019 regarding the establishment of the Department of Municipalities and Transport,
- And the Executive Committee's Decision No. (52) C (2016/53) regarding the establishment of a unified government platform for building permits,
- And Emiri Decree No. (11) of 2023 regarding the reconstitution of the Abu Dhabi Executive Council,
- And based on the requirements of the public interest
It is decided as follows:
Article (1)
Definitions
1. First Occupancy Certificate: A document issued by the concerned municipality to the project contractor stating the suitability of the new building for occupancy and use after the completion of construction works and necessary tests, the issuance of the completion certificate, and after the installation, operation, and testing of electrical, mechanical, plumbing, and fire protection systems. Its validity is for 10 years, which may be shorter depending on the building type and nature of occupancy, and is thereafter renewed by the owner according to the occupancy certificate renewal procedures.
2. Occupancy Certificate: A document issued by the concerned municipality to the building owner stating the suitability of the building for occupancy and use. It is prohibited to occupy or use the building without it. Its validity is for 5 years, which may be shorter depending on the building type and nature of occupancy.
3. Conditional Occupancy Certificate: A document issued by the concerned municipality for the owner of an existing building or one for which a completion certificate was issued when this decision came into effect. It is issued without requesting any conditions from the owner except for the conditions stated in clause (2) of Article (2) of this decision.
4. Temporary Occupancy Certificate: A document issued by the concerned municipality allowing the temporary occupancy of a part or parts of a building before the completion of all licensed construction works, provided that the construction works for the parts to be occupied are complete and allow for the safe occupancy of these parts. The validity of the temporary occupancy certificate expires either at the end of the period specified by the municipality, not exceeding two years (renewable), or upon the issuance of the final completion certificate for the building.
Article (2)
Scope of Application
The Occupancy Certificate system shall be activated and applied to all buildings and development projects in the Emirate of Abu Dhabi according to the following phases:
First Phase: Begins three months after the date of issuance of this decision and lasts for five years
1. All requirements for issuing the First Occupancy Certificate shall apply to new buildings after the issuance of the completion certificate, including private residential villas.
2. A Conditional Occupancy Certificate shall be issued for existing buildings or those for which a completion certificate was issued before this decision came into effect, provided the following requirements are met:
- Structural Safety Report.
- Abu Dhabi Civil Defence Authority approval.
- Safety and security of gas connections and extensions in buildings.
- Elevator Safety Report.
3. A restriction shall be placed on the notarization of new lease contracts in all buildings specified by the Abu Dhabi Civil Defence Authority until the following requirements are met:
- Abu Dhabi Civil Defence Authority approval.
- Safety and security of gas connections and extensions in buildings.
4. The concerned municipality shall determine the validity period of the Conditional Occupancy Certificate based on the age, condition, and nature of occupancy of the property, provided that this period does not exceed five years.
5. Existing residential villas or those for which a completion certificate was issued before this decision came into effect are excluded from this phase.
Second Phase: Begins after the completion of the First Phase and lasts for three years
1. All requirements for issuing and renewing the Occupancy Certificate shall apply to all new and existing buildings and properties, including commercial residential apartments, excluding private residential villas existing at the time this decision came into effect.
2. A Conditional Occupancy Certificate shall be issued for existing private residential villas or those for which a completion certificate was issued before this decision came into effect, without requesting any conditions from the owner except for the conditions mentioned in clause (2) above of this decision.
3. The concerned municipality shall determine the validity period of the Conditional Occupancy Certificate for private residential villas based on the age of the building, provided that this period does not exceed three years.
4. The inspection program shall be fully activated by the concerned municipality for building occupancy suitability requirements.
Third Phase: Begins after the completion of the Second Phase
1. All requirements for issuing the Occupancy Certificate shall be fully applied to all existing private residential villas in the Emirate.
2. The Conditional Occupancy Certificate service shall be permanently cancelled.
Article (3)
Legalization of Existing Buildings
A grace period of two years from the date of issuance of this decision shall apply for legalizing the status of existing buildings for which no completion certificates, building permits, or approved plans can be found, after which the First Occupancy Certificate will be issued. Services for legalizing the status of existing buildings will be cancelled immediately after this grace period expires, and violations for unlicensed buildings will be recorded and fined, with the causes of the violation to be rectified in accordance with the applicable legislation in this regard.
Article (4)
This decision shall be published in the Official Gazette and shall come into force from the date of its issuance.
Chairman of the Department of Municipalities and Transport
Issued on: 02/01/2024