Providing a car parking space for the tenant is not obligatory except as explicitly stated in the rental contract

The Dubai Land Department has confirmed that providing parking in residential buildings is subject to the requirements of the approved planning authority, as the developer is committed to providing a number of parking spaces according to space standards and type of use.

The department stressed that the tenant’s right to use parking is considered a contractual right, and is determined in accordance with what is explicitly stipulated in the lease contract concluded between the landlord and the tenant, stressing that providing a car parking space for the tenant is not considered obligatory unless explicitly stated in the contract.

In its response to Emirates Today’s inquiries, the department clarified the mechanism for dealing with complaints related to non-compliance with contracts and plans for real estate projects, stressing that owners must submit their complaints through the Real Estate Violations System (RVS) to take the necessary measures in accordance with the approved legal frameworks.

The department pointed out the provisions of Law No. (6) of 2019, especially Article (17), which prohibits the disposal of common areas, wholly or partially, independently of the units to which they relate, except after obtaining prior approval from the department and the competent authority. Emirates Today published a report, on December 12, in which owners and tenants in residential buildings in Dubai complained that the management companies of buildings in which they live imposed financial fines on them, under the pretext of They violated the parking regulations in the building, without an official notice or legal explanation justifying these fines.

They explained that parking is part of the basic property facilities, and changing their use without consulting the owners or obtaining their approval represents a violation of their basic rights as owners of residential units.

Car parking

In detail, the Dubai Land Department said that the provision of parking in residential buildings is subject to the requirements of the approved planning authority, as the developer is obligated to provide a number of parking spaces according to the criteria of space and type of use, pointing out that according to Article (9) of Law No. (6) of 2019 regarding ownership of joint properties in the Emirate of Dubai, parking lots are considered part of the components of the real estate unit unless the approved site plan stipulates otherwise.

She added: “Article (10) of the same law also stipulates: The parking lots that the legislation approved by the competent authority stipulates that they should be provided or allocated to the unit are considered an integral part of the unit and may not be separated from it or sold separately from it. The developer must register the unit and the parking lots allocated to it in the name of the owner, in accordance with the instructions issued by the Director General in this regard, and it is not permissible in all cases to sell the unit or Dispose of it separately from the parking lots designated for it.”

Dubai Land Department referred to paragraph (c), which permits the owner to purchase additional parking spaces if these parking spaces are in excess of the parking spaces allocated for all units in the shared property, in accordance with the legislation and instructions referred to in paragraphs (a) and (b) of this article. The Director General may also determine the cases in which the owner may purchase additional parking spaces, and Dubai Land Department pointed out that some developers include the value of the parking space in the price of the unit, while others deal with it with a contract. Or a separate price, according to what is stated in the sales contract and the approved project plan.

The Dubai Land Department confirmed that in the event of any complaint related to non-compliance with what is stipulated in the contract or the approved project plan, owners must submit their complaint through the “Real Estate Violations System (RVS)” to take the necessary measures in accordance with the approved legal frameworks.

Right to use

In response to a question about the right of tenants in a residential building to have parking within the building?, Dubai Land Department confirmed that the tenant’s right to use parking is a contractual right, and is determined according to what is explicitly stipulated in the lease contract concluded between the owner and the tenant. It said: “Providing a car parking for the tenant is not considered obligatory unless explicitly stated in the contract,” indicating that the role of the “Ejari” system is limited to documenting the lease contract according to the terms agreed upon between the two parties, without creating additional rights that are not stipulated.

Parking rental

In its response to the complaints received by “Emirates Today”, related to renting parking lots, and whether the building owner or real estate management company may exploit the parking lots by renting them in whole or in part, “Dubai Land Department” said: “The Dubai Land Department clarifies that this matter is subject to the provisions of Law No. (6) of 2019, especially Article (17), which prohibits the disposal of the common areas in whole or in part independently of the units to which they relate, except after obtaining prior approval from the department. And the competent authority.”

She added: “According to Article (7) of the same law, some parking lots are considered components of common areas, such as parking lots designated for the use of the management company, owners committee, or visitors, and therefore they may not be exploited or rented except within the approved legal frameworks and after obtaining the necessary approvals.”

Imposing fines

Commenting on the right of real estate management companies to impose fines for violating parking instructions or rules, Dubai Land Department said: “The department clarifies that joint real estate management companies have the right to take regulatory measures against the owners or residents in the event of non-compliance with the rules of the complex, and this includes issuing warnings or violations, provided that this is done through the (Owners) system, and in accordance with the rules approved for joint real estate management.”

• Article (17) of Law No. (6) of 2019 prohibits the disposal of common areas, in whole or in part, independently of the units to which they relate, except after prior approval from the department and the competent authority.

• The tenant’s right to use the parking lots is a “contractual right,” and is determined in accordance with what is expressly stipulated in the rental contract concluded between the landlord and the tenant.