Can Children Play in Communal Areas of Apartments in Dubai? Understanding Tenants' Rights

If you live in a multi-storey apartment in Dubai with no nearby parks or open spaces, you might wonder about the legality of children playing quietly in communal areas.

For instance, some children from neighbouring apartments gather in the communal areas to colour, play cards, or talk quietly, and building management sends an email to some tenants, stating that this activity is illegal. Is this true, and what are your legal rights?

Tenants' Rights and Communal Areas

In Dubai, communal areas of a building are defined under Article 2 of Law No. 6 of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai (the ‘Dubai Jointly Owned Real Property Law’).

Communal areas are parts of the property designated for shared use by owners and occupants, which may include thresholds, halls and entrances as per Article 7 (a)(2) of the same law.

Obligations of Occupants and Tenants

Occupants and tenants must comply with building management regulations. According to Article 6(b) and Article 16(a) of the Dubai Jointly Owned Real Property Law:

Article 6(b): “An occupant shall be under an obligation towards the developer, the owner, the occupants of other units, and the owners' committee with the master community declaration, statute and building management regulation to the extent that their provisions apply to that occupant.”

Article 16(a): “An owner may lease out his unit, provided that he and the tenant remain under an obligation towards other owners and occupants, the owners' committee and the management entity to comply with the statute, the master community declaration and the building management regulation.”

Management of Communal Areas

The management company, governed by the Real Estate Regulatory Authority of Dubai, is responsible for the communal areas. Non-compliance with building regulations can lead to eviction, as outlined in Article 25 (1) (f) of Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai.

Addressing the Issue

• Review Regulations: Check the building management's rules regarding the use of communal areas.
• Amicable Resolution: Try to settle any differences with the building management regarding the use of communal areas.
• Seek Mediation: If no resolution is reached, consider approaching the Dubai Rental Dispute Centre (RDC) to mediate or resolve the matter.

While the law requires tenants to comply with building regulations, if the children’s activities are not causing disturbances, it may be possible to negotiate an understanding with building management.

However, repeated violations of building regulations could result in eviction proceedings. To avoid conflicts, review the building’s regulations and attempt to resolve the matter amicably or through the RDC if necessary.

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