The Dubai law allows one person to have 5.0 square meters of space in villas and apartments in the emirate. Overcrowding and breaking local rules are regarded to occur when more than one occupancy occupies the 5.0 sqm of available area.
“The minimum space for occupancy, dealt with by Dubai Municipality building code, states that for residential accommodation or shared sleeping spaces purposes, the allocated space per individual is 5.0 square meters from the net area,” said Mohammed Kawasmi, partner, real estate, Al Tamimi & Co.
In Dubai, worker accommodations and comparable sleeping areas are permitted up to one person per 3.7 square meters of net area.
Net area, which does not include communal areas, structural components, or spaces used by building services, is the amount of usable space a resident can occupy and utilize for their needs.
Property owners banned
After inspections by the regulator’s partners, the Dubai Land Department (DLD) prohibited 10 property owners from leasing their premises on August 19 due to safety requirements and overcrowding.
“DLD, in partnership with its strategic partners, conducted thorough inspection campaigns that resulted in banning ten property owners from leasing and subleasing their properties until they resolve their issues and fully meet overcrowding, health, and safety standards,” it said, adding that these firm measures were taken due to repeated violations and warnings to comply with DLD regulations, which are crucial for maintaining stability in Dubai’s real estate market,” it said.
According to Mohammed Kawasmi, the latest enforcement action of the Dubai Land Department (DLD) emphasizes how crucial it is for residents in Dubai’s residential market to abide by overcrowding laws. Property owners must adhere to specific occupancy limits, ensuring the number of residents per bedroom meets the legal requirements.
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“The DLD’s decision to ban non-compliant landlords from leasing underscores the potential risks and penalties, including significant fines and leasing prohibitions. This serves as a vital reminder for property owners to maintain adherence to health, safety, and occupancy standards to avoid legal consequences and ensure tenant safety,” said Kawasmi.
He elaborated that maintaining compliance with these regulations protects property owners from legal action and contributes to the overall stability and reputation of Dubai’s real estate market.
“Also, sharing leased properties without the landlord’s consent is a breach of tenancy law and entitles the landlord to terminate tenancy contracts in addition to the fines imposed by the competent authorities,” said Al Tamimi & Co.’s partner.
Similar restrictions on maximum capacity apply to other real estate properties in Dubai, including industries, stores, malls, schools, colleges, and hospitals.
One occupant is allowed 1.9 square meters of space for classrooms in schools and colleges, and one individual over 4.6 square meters at laboratories and vocational facilities.
