The Dubai Land Department has confirmed that the provision of parking spaces in residential buildings is subject to the requirements of the approved planning authority, where the developer is committed to providing a number of parking spaces according to area standards and type of use. The department emphasized that the tenant's right to use parking spaces is a contractual right, determined by what is explicitly stated in the rental agreement between the landlord and the tenant, confirming that providing a parking space for the tenant is not mandatory unless explicitly stated in the contract. The department clarified, in response to inquiries from "Emirates Today," the mechanism for dealing with complaints related to non-compliance with real estate project contracts and plans, confirming that owners must submit their complaints through the Real Violations System (RVS) to take the necessary actions within the approved legal frameworks. The department also pointed to the provisions of Law No. (6) of 2019, especially Article (17), which prohibits the disposal of common parts entirely or partially separately from the units they relate to, without prior approval from the department and the competent authority. "Emirates Today" had published a report on December 12, in which owners and tenants in residential buildings in Dubai complained that property management companies in which they live impose financial penalties on them for violating building parking systems, without official notification or legal justification for these penalties. They explained that parking spaces are part of the basic facilities of the property, and changing their use without referring to the owners or obtaining their consent constitutes a violation of their basic rights as owners of residential units. In detail, the Dubai Land Department stated that the provision of parking spaces in residential buildings is subject to the requirements of the approved planning authority, and the developer is obligated to provide a number of parking spaces according to area standards and type of use, noting that according to Article (9) of Law No. (6) of 2019 concerning joint ownership of real estate in the Emirate of Dubai, parking spaces are considered part of the components of the real estate unit unless the approved site plan states otherwise. It added: "As Article (10) of the same Law states: parking spaces that the approved legislation of the competent authority requires to 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, and the developer must register the unit and the parking spaces allocated for it in the name of the owner, according to the instructions issued by the Director-General in this regard, and in all cases, it is not permissible to sell or dispose of the unit separately from the parking spaces allocated for it." The department "Dubai Land" pointed to paragraph (c), which allows the owner to purchase additional parking spaces if these spaces are in excess of the parking spaces allocated to all units in the joint property, according to the legislation and instructions mentioned in paragraphs (a) and (b) of this article, and the "Dubai Land" noted that the Director-General may determine the cases in which the owner is permitted to purchase additional parking spaces. "Dubai Land" indicated that some developers include the value of the parking space within the unit's price, while others deal with it under a separate contract or 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 complaints related to non-compliance with what is stipulated in the contract or the approved project plan, owners must submit their complaints through the "Real Violations System (RVS)" to take the necessary actions within the approved legal frameworks. Regarding the right of tenants in a residential building to obtain parking spaces within the building, "Dubai Land" confirmed that the tenant's right to use parking spaces is a contractual right, determined by what is explicitly stated in the rental agreement concluded between the landlord and the tenant, saying: "Providing a parking space for the tenant is not mandatory unless there is an explicit text to that effect in the contract," explaining that the role of the "Ijari" system is limited to documenting the rental agreement according to the agreed-upon terms between the parties, without creating additional rights not stipulated therein. In response to the complaints received by "Emirates Today" regarding the rental of parking spaces, and whether it is permissible for the building owner or the property management company to exploit parking spaces by renting them out entirely or partially, "Dubai Land" 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 common parts entirely or partially separately from the units they relate to, without prior approval from the department and the competent authority." It added: "According to Article (7) of the same Law, some parking spaces are part of the common components, such as parking spaces allocated for the use of the management company or the Owners' Association or visitors, and therefore they may not be exploited or rented except within the approved legal frameworks and after obtaining the necessary approvals." Commenting on the legitimacy of property management companies imposing fines for violating parking instructions or rules, "Dubai Land" said: "The department clarifies that it is permissible for joint property management companies to take regulatory measures against the owners or residents in case of non-compliance with the complex rules, including issuing warnings or violations, provided that this is done through the (Owners) system and in accordance with the approved rules for managing joint properties." Article (17) of Law No. (6) of 2019 prohibits the disposal of common parts, entirely or partially, separately from the units they relate to, without prior approval from the department and the competent authority. The tenant's right to use parking spaces is a "contractual right," and it is determined according to what is explicitly stated in the rental agreement concluded between the landlord and the tenant.
