Legal Recourse for Privacy Violations and Nuisance by Neighbors in the UAE

Introduction:

In the UAE, community living is a common lifestyle choice, encouraging a sense of togetherness and shared experiences. However, this closeness to neighbors can sometimes lead to challenges, especially concerning the safeguarding of privacy and the peaceful enjoyment of one’s property.

Fortunately, UAE laws provide mechanisms to safeguard individuals from privacy violations and nuisances caused by neighbours. Understanding these legal provisions is important for residents and citizens to effectively address such issues when they arise.

Rights and Responsibilities of Property Owners:

Article 1144 of the Civil Transactions Law outlines the rights and responsibilities of property owners concerning their neighbours. It emphasizes that property owners must not exercise their rights in a manner that excessively harms their neighbour’s property.

Additionally, it allows neighbours to take legal action if the inconvenience caused by their neighbour exceeds usual limits, considering factors such as custom, nature of the immovable property, location, and intended use. The license issued by the competent authorities is not a bar to the exercise of such a right of action.

Dubai’s Environmental Regulations:

Dubai Order No. 61/1991 on Regulations on the Protection of the Environment in the Emirate of Dubai specifically addresses noise-related nuisances, which are common concerns in residential areas situated in Emirates Dubai.

According to Article 75, occupants of places, operators of mechanical devices, and vehicle drivers must ensure that noise levels do not exceed permissible limits. The acceptable noise levels are defined as not exceeding 55 decibels from 7 AM to 8 PM and 45 decibels from 8 PM to 7 AM, except during holidays and official celebrations.

Additionally, Article 77 authorizes any person to report excessive noise to the Dubai municipality’s emergency department. Upon receiving a complaint, noise-fighting officers are authorized to take measures to address the issue. These measures include visiting the reported place, notifying the police if necessary, and ordering the responsible party to reduce the noise to acceptable levels.

In cases where the noise persists despite warnings, Article 79 grants the noise fighting officer the authority to seize or temporarily confiscate the source of the noise. The owner may retrieve the confiscated items after settling penalties and expenses incurred by the municipality.

Furthermore, Federal Decree-Law No. 31/2021 on Crimes and Penalties Law addresses acts against public decency and public morality. Article 411 stipulates penalties for individuals who publicly commit acts against decency or public morality, including fines ranging from AED 1,000 to AED 100,000, or imprisonment for repeat offenders. Additionally, Article 412 imposes penalties on males who offend the decency of women in public places, emphasizing the protection of individuals’ dignity and privacy.

Conclusion:

In the UAE, residents have legal recourse to address privacy violations and nuisances caused by neighbours. By familiarizing themselves with relevant laws, individuals can assert their rights and seek appropriate remedies through municipal authorities and legal channels. These legal provisions aim to foster harmonious community living while safeguarding individuals’ privacy and well-being.

Awatif Mohammad Shoqi Advocates & Legal Consultancy is a full-service law firm in UAE committed to delivering sound judgment to its clients on their most difficult and important matters.