Dubai's legal framework permits one individual per 5.0 square meters in both villas and apartments within the emirate. Any occupancy exceeding this limit within the same 5.0 sqm area is deemed overcrowding and contravenes local statutes.
"According to the Dubai Municipality building code, the minimum space requirement for occupancy stipulates that for residential or shared sleeping areas, each person is entitled to 5.0 square meters of net area," explained Mohammed Kawasmi, a partner at Al Tamimi & Co., specializing in real estate.
For accommodations designated for labor and comparable sleeping quarters, Dubai's regulatory bodies permit one person per 3.7 square meters of net area. The term 'net area' denotes the usable space available for a resident's specific needs, excluding shared areas, structural components, and spaces utilized by building services.
On August 19, the Dubai Land Department (DLD) imposed a ban on 10 property owners from leasing their properties, following inspections that revealed overcrowding and non-compliance with safety standards. "DLD, in collaboration with its strategic partners, conducted comprehensive inspection campaigns that led to the prohibition of leasing and subleasing for 10 property owners until they address their issues and fully comply with overcrowding, health, and safety standards," the department stated, emphasizing the importance of adhering to DLD regulations for maintaining stability in Dubai's real estate market.
Mohammed Kawasmi highlighted the recent enforcement actions by the DLD, underscoring the paramount importance of adhering to overcrowding regulations in Dubai's residential sector. Property owners are required to comply with specific occupancy limits, ensuring that the number of occupants per bedroom aligns with legal stipulations.
"The DLD's decision to ban non-compliant landlords from leasing underscores the potential risks and penalties, including substantial fines and leasing bans. This serves as a crucial reminder for property owners to uphold health, safety, and occupancy standards to prevent legal repercussions and ensure tenant safety," Kawasmi noted.
He further explained that adhering to these regulations not only safeguards property owners from legal proceedings but also contributes to the overall stability and reputation of Dubai's real estate market. "Additionally, subletting leased properties without the landlord's approval is a violation of tenancy law, granting the landlord the right to terminate tenancy agreements along with the fines levied by the relevant authorities," added Al Tamimi & Co.'s partner.
Dubai enforces similar capacity limits for various real estate properties, including retail spaces, malls, educational institutions, hospitals, storage facilities, and factories. For educational settings, such as classrooms in schools and colleges, one occupant is allowed 1.9 square meters of space, while laboratories and vocational facilities permit one individual per 4.6 square meters.
