Doing Business 2018 United Arab Emirates
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Doing Business 2018 United Arab Emirates Economy Profile of United Arab Emirates Doing Business 2018 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time and total tax rate for a firm to comply with all tax regulations as well as post- filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2
Doing Business 2018 United Arab Emirates About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business, also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. The distance to frontier (DTF) measure shows the distance of each economy to the “frontier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 represents the frontier. The ease of doing business ranking ranges from 1 to 190. The ranking of 190 economies is determined by sorting the aggregate distance to frontier scores, rounded to two decimals. More about Doing Business (PDF, 5MB) Page 3
Doing Business 2018 United Arab Emirates Ease of Doing Business in DB 2018 Rank Region Middle East & North Africa 190 1 United Arab Emirates Income Category High income 21 DB 2018 Distance to Frontier (DTF) Population 9,269,612 0 100 City Covered Dubai 78.73 DB 2018 Distance to Frontier (DTF) 0 100 78.73: United Arab Emirates (Rank: 21) 68.13: Bahrain (Rank: 66) 62.50: Saudi Arabia (Rank: 92) 61.23: Kuwait (Rank: 96) 60.58: Jordan (Rank: 103) 56.72: Regional Average (Middle East & North Africa) Note: The distance to frontier (DTF) measure shows the distance of each economy to the “frontier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 represents the frontier. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - United Arab Emirates 2 1 1 1 10 10 12 28 51 55 69 82 90 91 Rank 109 136 163 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Distance to Frontier (DTF) on Doing Business topics - United Arab Emirates 99.92 99.44 100 91.16 90.02 86.38 80 75.00 74.02 71.50 60 DTF 50.00 49.80 40 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4
Doing Business 2018 United Arab Emirates Starting a Business This topic measures the paid-in minimum capital requirement, number of procedures, time and cost for a small- to medium-sized limited liability company to start up and formally operate in economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The distance to frontier score for each indicator is the average of the scores obtained for each of the component indicators. The most recent round of data collection for the project was completed in June 2017. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. â— Submitting all relevant documents and obtaining all necessary clearances, licenses, permits and The business: certificates â— Submitting all required notifications and receiving - Is a limited liability company (or its legal equivalent). If there is more than one type all necessary inspections of limited liability company in the economy, the most common among domestic firms is chosen. Information on the most common form is obtained from incorporation â— Obtaining utility connections for water and lawyers or the statistical office. sewerage - Operates in the economy’s largest business city and the entire office space is â— Registering and selling the warehouse after its approximately 929 square meters (10,000 square feet). For 11 economies the data completion are also collected for the second largest business city. - Is 100% domestically owned and has five owners, none of whom is a legal entity; Time required to complete each procedure and has a start-up capital of 10 times income per capita and has a turnover of at (calendar days) least 100 times income per capita. â— Does not include time spent gathering information - Performs general industrial or commercial activities, such as the production or sale â— Each procedure starts on a separate day (2 of goods or services to the public. The business does not perform foreign trade procedures cannot start on the same day) activities and does not handle products subject to a special tax regime, for example, liquor or tobacco. It does not use heavily polluting production processes. â— Procedures fully completed online are recorded - Leases the commercial plant or offices and is not a proprietor of real estate and the as ½ day amount of the annual lease for the office space is equivalent to 1 times income per â— Procedure is considered completed once final capita. document is received - Does not qualify for investment incentives or any special benefits. â— No prior contact with officials - Has at least 10 and up to 50 employees one month after the commencement of operations, all of whom are domestic nationals. Cost required to complete each procedure (% of - Has a company deed 10 pages long. income per capita) The owners: â— Official costs only, no bribes â— No professional fees unless services required by - Have reached the legal age of majority. If there is no legal age of majority, they are law or commonly used in practice assumed to be 30 years old. - Are sane, competent, in good health and have no criminal record. Paid-in minimum capital (% of income per capita - Are married and the marriage is monogamous and registered with the authorities. â— Funds deposited in a bank or with third party - Where the answer differs according to the legal system applicable to the woman or before registration or up to 3 months after man in question (as may be the case in economies where there is legal plurality), the incorporation answer used will be the one that applies to the majority of the population. Page 5
Doing Business 2018 United Arab Emirates Starting a Business - United Arab Emirates Standardized Company Legal form Limited Liability Company Paid-in minimum capital requirement AED 0 City Covered Dubai Indicator United Arab Middle East & OECD high Overall Best Emirates North Africa income Performer Procedure – Men (number) 4 7.7 4.9 1.00 (New Zealand) Time – Men (days) 8 18.6 8.5 0.50 (New Zealand) Cost – Men (% of income per capita) 13.4 18.7 3.1 0.00 (United Kingdom) Procedure – Women (number) 5 8.4 4.9 1.00 (New Zealand) Time – Women (days) 9 19.3 8.5 0.50 (New Zealand) Cost – Women (% of income per capita) 13.4 18.7 3.1 0.00 (United Kingdom) Paid-in min. capital (% of income per capita) 0.0 9.9 8.7 0.00 (113 Economies) Figure – Starting a Business in United Arab Emirates and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 91.16: United Arab Emirates (Rank: 51) 87.87: Bahrain (Rank: 75) 84.40: Jordan (Rank: 105) 82.05: Regional Average (Middle East & North Africa) 80.04: Saudi Arabia (Rank: 135) 77.21: Kuwait (Rank: 149) Note: The ranking of economies on the ease of starting a business is determined by sorting their distance to frontier scores for starting a business. These scores are the simple average of the distance to frontier scores for each of the component indicators. Page 6
Doing Business 2018 United Arab Emirates Figure – Starting a Business in United Arab Emirates – Procedure, Time and Cost Time (days) Cost (% of income per capita) 9 9 8 8 Cost (% of income per capita) 7 7 6 6 Time (days) 5 5 4 4 3 3 2 2 1 1 0 0 1 2 3 4 5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7
Doing Business 2018 United Arab Emirates Details – Starting a Business in United Arab Emirates – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 APPLIES TO WOMEN ONLY: Obtain husband's approval to leave the 1 day No charge marriage home Agency : Home As per Personal Status law, art. 71 and 72 the wife must seek her husband's consent to leave the marital home. A wife may lose her maintenance if she refuses to move to the marital home, or leaves the home, or prevents her husband from entering the marital home, or refuses to travel with her husband, all without legitimate excuses (Art. 71). The law also requires a wife to be obedient to her husband, maintain the house and its belongings, and breastfeed infant children unless there is an impediment. A woman may be considered disobedient, with few exceptions, if she decides to engage in activities without her husband’s consent. 2 Reserve a company name, notarize MoA and Apply for registration at the 1 day see procedure details Department of Economic Development (DED) Agency : Department of Economic Development To register a company and submit a registration application, the entrepreneur must first obtain preliminary approvals from the Licensing Section of the Dubai Department of Economic Development (DED) on the business activities, trade name, and identity of partners. The name availability check, reservation, and payment can now be done online at the website of DED. Reserve a company name and Apply for registration at the Department of Economic Development (DED) and notarize the company’s MoA costs: AED 600 (trade name reservation) + AED 100 (initial approval) +AED 10 for Innovation Dirham Fees + AED 10 Government Cultural fees+ AED 500 for the printing the electronic MoA + notary fees of 0.25% of the capital with a cap at AED 10,000. Page 8
Doing Business 2018 United Arab Emirates 3 File company documents with the Department for Economic Development 3 days see procedure details (DED); Obtain trade license and Register for membership at the Dubai Chamber of Commerce and Industry (DCCI) Agency : Department for Economic Development To obtain the Trade License and Commercial Registration Certificate, the LLC must submit the following original documents to the Commercial Registry at the DED Trade License and Commercial Registration Department. These documents can also be submitted online due to the ongoing efforts by DED to render electronic registration available and convenient. - The prescribed application form, signed by the company manager(s) or their legal representative(s). - The memorandum of association (an original and a copy). - A letter issued by the DED, attesting to the company name approval. - The original letter of company approval, issued by the DED Committee of Limited Liability Companies. - Passport copy of each partner. If Commercial Registry officials deem the documentation to be in order, the company name will be entered into the Commercial Register. The DED in integrated with the Federal Ministry of Economy and can arrange for publication: - Notarized memorandum of association (copy). - The application for entry of the company name in the Commercial Register (copy). - Extract of the entry of the company name in the Commercial Register. Publication takes several months. However, this time frame is not important because the authorities will accept a copy of the Ministry's receipt of publication fee payment. After the publication, the Ministry of Economy issues its approval letter. Before the newly formed company can begin operations, it must apply to the DED for a trade license. After the notary public at the Commercial Registry notarizes the memorandum of association, a license application form is completed in Arabic, signed by the authorized company signatory and filed with the DED in duplicate. The DED files one copy and forwards the other to the UAE Federal Ministry of Economy. The trade license application must be filed with the applicable fee and the following documents: - The prescribed form for setting out the proposed company name in Arabic and English. - The original lease for the company’s office premises. - The prescribed form for obtaining the Dubai Municipality Building Department’s clearance on the suitability of the office premises. All business activities fall into three categories of licenses: (1) commercial licenses, covering all kinds of trading activity; (2) professional licenses, covering professions, services, craftsmen, and artisans; and (3) industrial licenses, establishing industrial or manufacturing activity. Upon the conclusion of this procedure, the DED issues the original Trade License and Commercial Registration certificates. Upon presentation of the receipts showing payment of the Ministry publication fee and the Chamber of Commerce membership fee, the DED will issue the original trade license and certificate of commercial registration for the limited liability company and the DCCI membership. Alternatively, the online license application is available whereby the applicant submits the filled-in form, completes online payment and instantly receives the license certificate which can then be printed out. Fees are: 5% of the value of the lease agreement + AED 3,000 waste fees + AED 500 for company registration + AED 350 fees for name board + AED 1,200 for Chamber of Commerce membership registration 4 Apply for the establishment card at the Ministry of Human Resources and 1 day AED 2,000 Emiratization Agency : Ministry of Human Resources and Emiratization Either the entrepreneur or the authorized representative of the company should go in person to apply for the "Establishment Card" at the Ministry of Labor. Provided the trade license is obtained and the fees are paid, the "Establishment Card" can be issued the same day. Page 9
Doing Business 2018 United Arab Emirates 5 Register native workers with the Ministry of Human Resources and 1 day no charge Emiratization and with the General Authority for Pension and Social Security Agency : Ministry of Human Resources and Emiratization According to Ministerial decree No 1215/2005, native workers must be registered with the Ministry of Human Resources and Emiratization and with the General Authority for Pension and Social Security The following documents are required for submission during this registration: - 3 copies of the employment contract - A copy of employer's passport - A copy of the trading license - A proof that the worker is a UAE citizen Applies to women only. Takes place simultaneously with previous procedure. Page 10
Doing Business 2018 United Arab Emirates Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in June 2017. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. â— Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s â— Submitting all required notifications and receiving largest business city. For 11 economies the data are also collected for the second all necessary inspections largest business city. - Is 100% domestically and privately owned; has five owners, none of whom is a â— Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any â— Registering and selling the warehouse after its other employees who are technical or licensed experts, such as geological or completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) â— Does not include time spent gathering information The warehouse: â— Each procedure starts on a separate day— - Will be used for general storage activities, such as storage of books or stationery. though procedures that can be fully completed - Will have two stories, both above ground, with a total constructed area of online are an exception to this rule approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 â— Procedure is considered completed once final meters (9 feet, 10 inches) high and will be located on a land plot of approximately document is received 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the warehouse is valued at 50 times income per capita. â— No prior contact with officials - Will have complete architectural and technical plans prepared by a licensed Cost required to complete each procedure (% of architect. If preparation of the plans requires such steps as obtaining further income per capita) documentation or getting prior approvals from external agencies, these are counted as procedures. â— Official costs only, no bribes - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). Building quality control index (0-15) â— Sum of the scores of six component indices: The water and sewerage connections: â— Quality of building regulations (0-2) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there â— Quality control before construction (0-1) is no water delivery infrastructure in the economy, a borehole will be dug. If there is no sewerage infrastructure, a septic tank in the smallest size available will be â— Quality control during construction (0-3) installed or built. â— Quality control after construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average â— Liability and insurance regimes (0-2) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of â— Professional certifications (0-4) 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 gallons) a day. - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 11
Doing Business 2018 United Arab Emirates Dealing with Construction Permits - United Arab Emirates Standardized Company Estimated value of warehouse AED 6,950,717.20 City Covered Dubai Indicator United Arab Middle East & OECD high Overall Best Emirates North Africa income Performer Procedures (number) 14 16.2 12.5 7.00 (Denmark) Time (days) 50.5 132.1 154.6 27.5 (Korea, Rep.) Cost (% of warehouse value) 2.3 4.3 1.6 0.10 (5 Economies) Building quality control index (0-15) 15.0 11.8 11.4 15.00 (3 Economies) Figure – Dealing with Construction Permits in United Arab Emirates and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 86.38: United Arab Emirates (Rank: 2) 75.52: Saudi Arabia (Rank: 38) 73.73: Bahrain (Rank: 47) 65.74: Jordan (Rank: 110) 62.20: Kuwait (Rank: 129) 59.84: Regional Average (Middle East & North Africa) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their distance to frontier scores for dealing with construction permits. These scores are the simple average of the distance to frontier scores for each of the component indicators. Figure – Dealing with Construction Permits in United Arab Emirates – Procedure, Time and Cost Time (days) Cost (% of income per capita) 50 2.5 Cost (% of income per capita) 40 2 Time (days) 30 1.5 20 1 10 0.5 0 0 1 2 3 4 5 6 7 8 9 10 11 * 12 13 * 14 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 12
Doing Business 2018 United Arab Emirates Figure – Dealing with Construction Permits in United Arab Emirates and comparator economies – Measure of Quality 15.0 15 13.0 12.0 12.0 11.8 11.0 Index score 10 5 0 United Arab Emirates Bahrain Jordan Kuwait Saudi Arabia Middle East & North Africa Details – Dealing with Construction Permits in United Arab Emirates – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Hire a Consultant to supervise construction and undertake all the 1 day AED 139,014 necessary pre-approvals Agency : Private Firm Only consultant companies can exclusively apply for a building permit – contractor companies are not eligible to apply. 2 Obtain soil test results 0.5 days no charge Agency : Dubai Municipality The consultant must verify soil test results on the following website: http://login.dm.gov.ae/wps/wcm/connect/0f8cb91f-710b-48e4-9523- 15892858e90c/Soil+Baring+Capacity+-+Industrial+plots.pdf?MOD=AJPERES 3 Request and obtain all No Objection Certificates (NOCs), Civil Defense 25 days AED 13,151 approval and building permit online from the Building Department of Dubai Municipality Agency : Building Department of Dubai Municipality As of 2012, all No Objection Certificates (NOCs) can be applied for online through the Dubai Municipality portal at the same time as the building permit. NOCs are required from the following departments and are valid for 2 years: • Dubai Electricity and Water Authority (DEWA) on electrical wiring installation drawings • Dubai Electricity and Water Authority (DEWA) on water connection • Drainage and Irrigation Department of Dubai Municipality on drainage and sewage • Etisalat on phone connection BuildCo also submits the final drawings online at the Building Department of the Dubai Municipality for approval. As of May 2014, Dubai Municipality granted direct access for the Dubai Civil Defense Authority to the Building Permit Control System to review and grant approval for applicants. Therefore, it became possible to request and obtain the civil defense approval jointly with the request for the NOCs and building permit. However, it now takes a bit longer to receive the building permit, as the Civil Defense approval can take up to 1 month. 4 Receive site immobilization inspection 1 day no charge Agency : Dubai Municipality Dubai Municipality conducts phased inspections at different stages of the construction. All inspections and approvals can be requested online and are free of charge. 5 Receive excavation works inspection 1 day no charge Agency : Building Department of Dubai Municipality Each industrial area/zone has a nominated inspector who has a list of under-construction projects and their updated stage of works. The inspector conducts a periodic inspection to the construction site without the prior knowledge or request of the consultant. Furthermore, pursuant to the Building Law of 2013, the consultant is required to submit a systematic checklist online (throughout the project life) to document that the engineering standards, specifications and stages of work are being executed per the applicable regulations and checklists. Such a submission is usually made every 2 weeks, in addition to risk stages. Dubai Municipality has an access to the systematic report in order to track the progress of the project. 6 Receive inspection at the foundations stage 1 day no charge Agency : Dubai Municipality An inspection at the foundations stage is one of the phased inspections conducted by Dubai Municipality. Page 13
Doing Business 2018 United Arab Emirates 7 Receive special risks inspections (footings) during construction 1 day no charge Agency : Dubai Municipality For the case-study warehouse measured by Doing Business, Dubai Municipality performs 2 risk-based inspections at the stages of a) footings and b) frame erection. 8 Receive special risks inspections (frame erection) during construction 1 day no charge Agency : Dubai Municipality 9 Receive inspection of the structure 1 day no charge Agency : Dubai Municipality The inspection of the structure is one of the phased inspections conducted by Dubai Municipality during construction. 10 Receive unscheduled patrol inspection during construction 1 day no charge Agency : Dubai Municipality Patrol inspections are conducted without the prior knowledge or request of the customer. They are done to check/control the environmental effect of the project on its surroundings. 11 Request and receive final joint inspection from Dubai Municipality and 3 days AED 100 Dubai Civil Defense and Obtain the completion certificate Agency : Dubai Municipality Dubai Municipality introduced a final joint inspection with the Civil Defense. This joint inspection takes place within 3-5 days of requesting it. Obtain inspection and approval from DEWA for final water supply 1 day no charge 12 Agency : Dubai Electricity and Water Authority (DEWA) 13 Obtain final water connection from DEWA 14 days AED 2,250 Agency : Dubai Electricity and Water Authority (DEWA) Build septic tank 3 days AED 4,000 14 Agency : Drainage and Irrigation Department Takes place simultaneously with previous procedure. Page 14
Doing Business 2018 United Arab Emirates Details – Dealing with Construction Permits in United Arab Emirates – Measure of Quality Answer Score Building quality control index (0-15) 15.0 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge; In official gazette. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 3.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections by in- 2.0 (0-2) house engineer; Inspections by external engineer or firm; Inspections at various phases; Risk-based inspections. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 1.0 inspections are always done in practice. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency; Yes, in- house engineer submits report for final inspection. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 2.0 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 1.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer; Professional in charge of the supervision; Construction company; Owner or investor. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 1.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance ; Construction company; Insurance is commonly taken in practice. Page 15
Doing Business 2018 United Arab Emirates Professional certifications index (0-4) 4.0 What are the qualification requirements for the professional responsible for verifying that the Minimum number 2.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering; Being a registered architect or engineer; Passing a certification exam. What are the qualification requirements for the professional who supervises the construction Minimum number 2.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer; Passing a certification exam. Page 16
Doing Business 2018 United Arab Emirates Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in June 2017. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. â— Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances and permits â— Completing all required notifications and - Is a limited liability company (or its legal equivalent) and operates in the economy’s receiving all necessary inspections largest business city. For 11 economies the data are also collected for the second largest business city. â— Obtaining external installation works and possibly - Is 100% domestically and privately owned; has five owners, none of whom is a purchasing material for these works legal entity. Has a licensed architect and a licensed engineer, both registered with â— Concluding any necessary supply contract and the local association of architects or engineers. BuildCo is not assumed to have any obtaining final supply other employees who are technical or licensed experts, such as geological or topographical experts. Time required to complete each procedure - Owns the land on which the warehouse will be built and will sell the warehouse (calendar days) upon its completion. â— Is at least 1 calendar day The warehouse: â— Each procedure starts on a separate day â— Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of â— Reflects the time spent in practice, with little approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 follow-up and no prior contact with officials meters (9 feet, 10 inches) high and will be located on a land plot of approximately Cost required to complete each procedure (% of 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the warehouse is valued at 50 times income per capita. income per capita) - Will have complete architectural and technical plans prepared by a licensed â— Official costs only, no bribes architect. If preparation of the plans requires such steps as obtaining further â— Value added tax excluded documentation or getting prior approvals from external agencies, these are counted as procedures. The reliability of supply and transparency of - Will take 30 weeks to construct (excluding all delays due to administrative and tariffs index (0-8) regulatory requirements). â— Duration and frequency of power outages (0–3) The water and sewerage connections: â— Tools to monitor power outages (0–1) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there â— Tools to restore power supply (0–1) is no water delivery infrastructure in the economy, a borehole will be dug. If there is â— Regulatory monitoring of utilities’ performance no sewerage infrastructure, a septic tank in the smallest size available will be (0–1) installed or built. â— Financial deterrents limiting outages (0–1) - Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of â— Transparency and accessibility of tariffs (0–1) 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 Price of electricity (cents per kilowatt-hour)* gallons) a day. - Will have a constant level of water demand and wastewater flow throughout the â— Price based on monthly bill for commercial year; will be 1 inch in diameter for the water connection and 4 inches in diameter for warehouse in case study the sewerage connection. *Note: Doing Business measures the price of electricity, but it is not included in the distance to frontier score nor the ranking on the ease of getting electricity. Page 17
Doing Business 2018 United Arab Emirates Getting Electricity - United Arab Emirates Standardized Company Price of electricity (US cents per kWh) 12.3 Name of utility Dubai Electricity And Water Authority (DEWA) City Covered Dubai Indicator United Arab Middle East & OECD high Overall Best Emirates North Africa income Performer Procedures (number) 2 4.8 4.7 2 (United Arab Emirates) Time (days) 10 81.4 79.1 10 (United Arab Emirates) Cost (% of income per capita) 25.2 780.3 63.0 0.00 (Japan) Reliability of supply and transparency of tariff 8 4.2 7.4 8.00 (28 Economies) index (0-8) Figure – Getting Electricity in United Arab Emirates and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 99.92: United Arab Emirates (Rank: 1) 83.33: Jordan (Rank: 40) 79.88: Saudi Arabia (Rank: 59) 74.83: Bahrain (Rank: 79) 69.60: Kuwait (Rank: 97) 67.21: Regional Average (Middle East & North Africa) Note: The ranking of economies on the ease of getting electricity is determined by sorting their distance to frontier scores for getting electricity. These scores are the simple average of the distance to frontier scores for each of the component indicators. Page 18
Doing Business 2018 United Arab Emirates Figure – Getting Electricity in United Arab Emirates – Procedure, Time and Cost Time (days) Cost (% of income per capita) 10 30 Cost (% of income per capita) 25 8 20 Time (days) 6 15 4 10 2 5 0 0 1 2 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in United Arab Emirates and comparator economies – Measure of Quality 8 8 7 7 6 6 6 Index score 5 5 4.2 4 3 2 1 0 United Arab Emirates Bahrain Jordan Kuwait Saudi Arabia Middle East & North Africa Page 19
Doing Business 2018 United Arab Emirates Details – Getting Electricity in United Arab Emirates – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Dubai Electricity and Water Authority (DEWA) and 8 calendar days AED 0 obtain external works Agency : Dubai Electricity and Water Authority (DEWA) The customer is required to have their electrical works executed through an electrical contracting company with a license issued by the Department of Economic Development. The contractor is granted access to apply for an electrical connection through the utility's online portal as authorized through the trade licenses for electrical works. The system allows customers to submit their application and track the status of it online. The licensed contractor needs to submit the following documents: 1) Affection plan 2) Copy of Building Permit 3) Site layout plan of the project 4) Technical drawings and details For more details and the online application portal: https://www.dewa.gov.ae/en/consultants-and-contractors/services/connection-services/al- namoos 2 Apply for and receive internal wiring inspection and obtain meter 2 calendar days AED 35,000 installation and final connection from DEWA Agency : Dubai Electricity and Water Authority (DEWA) Internal wiring inspection is scheduled through the online portal by the licensed contractor. Staff from DEWA then check the internal wiring of the building to ensure it complies with the approved drawings. DEWA will install the meter and connect the warehouse to electricity upon successful inspections. Inspections approval is communicated internally within the utility, enabling the utility to carry out external electrical works immediately without the need for the customer to be present. If the full electrical installation is in compliance with the regulations and approved drawings, then inspection and final supply can be carried out within 2 days. Takes place simultaneously with previous procedure. Page 20
Doing Business 2018 United Arab Emirates Details – Getting Electricity in United Arab Emirates – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 8 Total duration and frequency of outages per customer a year (0-3) 3 System average interruption duration index (SAIDI) 0.3 System average interruption frequency index (SAIFI) 0.3 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 5.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online https://www.dewa.go v.ae/en/customer/ser vices/consumption- services/calculator Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 21
Doing Business 2018 United Arab Emirates Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in June 2017.See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. â— Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). â— Registration procedures in the economy's largest - Are located in the periurban area of the economy’s largest business city. For 11 business citya. economies the data are also collected for the second largest business city. - Are 100% domestically and privately owned. â— Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. â— Does not include time spent gathering information - Is fully owned by the seller. â— Each procedure starts on a separate day - though - Has no mortgages attached and has been under the same ownership for the past procedures that can be fully completed online are 10 years. an exception to this rule - Is registered in the land registry or cadastre, or both, and is free of title disputes. â— Procedure is considered completed once final - Is located in a periurban commercial zone, and no rezoning is required. document is received - Consists of land and a building. The land area is 557.4 square meters (6,000 â— No prior contact with officials square feet). A two-story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouse is 10 years old, is in good condition, has no Cost required to complete each procedure (% of heating system and complies with all safety standards, building codes and legal property value) requirements. The property, consisting of land and building, will be transferred in its â— Official costs only (such as administrative fees, entirety. duties and taxes). - Will not be subject to renovations or additional construction following the purchase. - Has no trees, natural water sources, natural reserves or historical monuments of â— Value Added Tax, Capital Gains Tax and illicit any kind. payments are excluded - Will not be used for special purposes, and no special permits, such as for Quality of land administration index (0-30) residential use, industrial plants, waste storage or certain types of agricultural activities, are required. â— Reliability of infrastructure index (0-8) - Has no occupants, and no other party holds a legal interest in it. â— Transparency of information index (0–6) â— Geographic coverage index (0–8) â— Land dispute resolution index (0–8) â— Equal access to property rights index (-2–0) Page 22
Doing Business 2018 United Arab Emirates Registering Property - United Arab Emirates Standardized Company Property value AED 6,950,717.20 City Covered Dubai Indicator United Arab Middle East & OECD high Overall Best Emirates North Africa income Performer Procedures (number) 2 5.7 4.6 1.00 (4 Economies) Time (days) 1.5 30.3 22.3 1.00 (3 Economies) Cost (% of property value) 0.2 6.0 4.2 0.00 (5 Economies) Quality of the land administration index (0-30) 21.0 13.4 22.7 29.00 (Singapore) Figure – Registering Property in United Arab Emirates and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 90.02: United Arab Emirates (Rank: 10) 81.19: Saudi Arabia (Rank: 24) 81.07: Bahrain (Rank: 25) 67.55: Kuwait (Rank: 70) 66.40: Jordan (Rank: 72) 60.91: Regional Average (Middle East & North Africa) Note: The ranking of economies on the ease of registering property is determined by sorting their distance to frontier scores for registering property. These scores are the simple average of the distance to frontier scores for each of the component indicators. Figure – Registering Property in United Arab Emirates – Procedure, Time and Cost Time (days) Cost (% of income per capita) 0.16 1.4 0.14 Cost (% of income per capita) 1.2 0.12 1 Time (days) 0.1 0.8 0.08 0.6 0.06 0.4 0.04 0.2 0.02 0 0 1 2 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 23
Doing Business 2018 United Arab Emirates Figure – Registering Property in United Arab Emirates and comparator economies – Measure of Quality 30 25 22.5 21.0 Index score 20 17.5 17.0 15 13.4 10.0 10 5 0 United Arab Emirates Bahrain Jordan Kuwait Saudi Arabia Middle East & North Africa Details – Registering Property in United Arab Emirates – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 The parties' submit the application at the Registration trustee's office 1 day Registration trustee Agency : Registration trustee fee of AED 2,000 (If the In October 2012, the Dubai Land Department started licensing companies to act in its registered/transferred behalf and use its system for property registration, among other services. As of August property value less 2013, all transactions must be made through the 13 Registration trustees throughout than AED 500,000) or Dubai. AED 4,000 (If the Moreover, in April, 2014, the United Arab Emirates enacted administrative decree 52. It launched a standard contract for property transfers making it possible for parties to registered/transferred process a transfer without the need to consult a legal expert. property value equal The parties have to present themselves at one of the registration trustee's office with the or more than AED standard contract along with the following documents. 500,000) 1) Company Trade License (Original or Copy) 2) Shareholder Certificate (Arabic & English) 3) Memorandum of the company (Arabic & English) 4) Board Resolution (Arabic & English) 5) Power of Attorney from Company (Arabic & English) 6) Passport copies of shareholders Parties then sign the contract and submit the application to one of the office's employees. 2 Register title at the Dubai Land Department Less than one day AED 10 for Agency : Land Department (online procedure) registering each Once the documentation is submitted, the trustee proceeds to register the new owner on square meter of land, the Dubai Land Department. The offices have access to the Land Department system and with a minimum of registration is completed on the spot within a couple of hours. AED 10,000 Takes place simultaneously with previous procedure. Page 24
Doing Business 2018 United Arab Emirates Details – Registering Property in United Arab Emirates – Measure of Quality Answer Score Quality of the land administration index (0-30) 21.0 Reliability of infrastructure index (0-8) 8.0 What is the institution in charge of immovable property registration? Dubai Land Department In what format are the majority of title or deed records kept in the largest business city—in a Computer/Fully 2.0 paper format or in a computerized format (scanned or fully digital)? digital Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions Yes 1.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Dubai Land Department In what format are the majority of maps of land plots kept in the largest business city—in a Computer/Fully 2.0 paper format or in a computerized format (scanned or fully digital)? digital Is there an electronic database for recording boundaries, checking plans and providing Yes 1.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Different 1.0 or mapping agency kept in a single database, in different but linked databases or in separate databases but databases? linked Do the immovable property registration agency and cadastral or mapping agency use the Yes 1.0 same identification number for properties? Transparency of information index (0–6) 3.0 Who is able to obtain information on land ownership at the agency in charge of immovable Only 0.0 property registration in the largest business city? intermediaries and interested parties Is the list of documents that are required to complete any type of property transaction made Yes, online 0.5 publicly available–and if so, how? Link for online access: http://www.dubail and.gov.ae/Englis h/services/Reale stateservices/Pa ges/Real-Estate- Services.aspx Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: http://www.dubail and.gov.ae/Englis h/services/Reale stateservices/Pa ges/Real-Estate- Services.aspx and in registration trustees' websites Does the agency in charge of immovable property registration commit to delivering a legally Yes, online 0.5 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: http://www.dubail and.gov.ae/Englis h/services/Reale stateservices/Pa ges/Real-Estate- Services.aspx Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the agency in charge of immovable property registration? Page 25
Doing Business 2018 United Arab Emirates Contact information: Are there publicly available official statistics tracking the number of transactions at the Yes 0.5 immovable property registration agency? Number of property transfers in the largest business city in 2016: 41776.0 Who is able to consult maps of land plots in the largest business city? Only 0.0 intermediaries and interested parties Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, online 0.5 and if so, how? Link for online access: http://www.dubail and.gov.ae/Englis h/Real%20Estate %20Services/Sur vey%20Services. pdf Does the cadastral or mapping agency commit to delivering an updated map within a Yes, online 0.5 specific time frame—and if so, how does it communicate the service standard? Link for online access: http://www.dubail and.gov.ae/Englis h/Real%20Estate %20Services/Sur vey%20Services. pdf Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 4.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the Yes 2.0 immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? Yes 2.0 Land dispute resolution index (0–8) 6.0 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Is there a specific compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar. Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar. Is there a national database to verify the accuracy of identity documents? Yes 1.0 For a standard land dispute between two local businesses over tenure rights of a property Dubai court of worth 50 times gross national income (GNI) per capita and located in the largest business first instance city, what court would be in charge of the case in the first instance? How long does it take on average to obtain a decision from the first-instance court for such a Between 1 and 2 2.0 case (without appeal)? years Page 26
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