ARE APARTMENT PARTITIONS ALLOWED UNDER UAE LAW?

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With an enormous population of expatriates in the UAE, a large number of people choose to live in co-living spaces as they are an economical option. Although co living is not banned as per federal or local laws, one must take safety regulations and the tenancy agreement into consideration before choosing co-living options.

Co-living in the UAE

Co living spaces technically refer to multiple individuals living together with shared amenities and communal areas. Along with obtaining a sense of community, co living spaces allow individuals to share the rent in Dubai, making it a popular option among expatriates.

Although the UAE does not disallow sharing apartments and living quarters, a number of people violate fundamental safety laws by accommodating too many occupants in confined areas. This poses tremendous risks to the individuals living in and around such places.

Dangers of illegal partitions

There are many risks involved in living in illegally partitioned apartments.

1. Construction of partitions using unsuitable materials

Partitions are made for short term gain, and with the cheapest materials available. Furthermore, the installation of the partitions may cause structural damages to the walls of the buildings.

2. Non-Compliance with UAE Fire and Safety Code of Practice

The Dubai Development Authority Circular No. 333/2019 elaborates on the UAE Fire and Life Safety Code of Practice. The circular talks about the extensive care that is required to be undertaken during the construction and maintenance of buildings, to prevent fire. As per these regulations, buildings must maintain fire protection systems, such as fire extinguishers and fire alarms, to ensure that in case of fires, the situation can be controlled more readily. However, construction of illegal partitions may jeopardize fire safety structures or over burden safety systems, causing a fire hazard. Partitions can also block essential fire exits in the building. Non-compliance with safety regulations can lead to being fined by the Municipality.

3. Lack of ventilation

Illegal constructions can reduce and even block scientifically designed ventilation channels in the apartment. This can cause health implications as well as the swelling up of wooden doors and cabinets, and the development of mold in the apartment.

4. Overcrowding and lack of sanitation

Partitions are generally implemented in 1-bedroom (1 BHK) and 2-bedroom (2 BHK) apartments. These apartments are designed for a specific number of adults and children. However, when partitioned, the apartments may hold ten to twenty or more people who share one or two bathrooms between them. This causes overcrowding and may result in sanitation problems.

5. Non-Compliance with tenancy contract

Dubai Law No. 26/2007 on the Organisation of the Relationship between the Lessors and Tenants in the Emirate of Dubai clearly state that subletting of the property can be carried only with the written consent of the landlord. Furthermore, the law states that the tenant is not allowed to carry out any work to the property that damages the structure of the property. Subletting and partitioning that is carried out without the consent of the landlord is thus illegal and can lead to eviction of the tenants.

Conclusion

Illegal partitioning poses a threat to the building structure and the tenants who live in the building. It is for this reason that the Dubai Municipality undertakes periodic checks to control illegal partitioning in Dubai.

Author: Dr. Hassan Elhais

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