Executive Council Resolution (5) of 2025 On Promulgating Regulation of Law No. (8) of 2019 On Regulating Practice of Contracting Profession We, Mohamed Bin Saud Bin Saqr Al Qasimi Ras Al Khaimah Crown Prince & Chairman of Executive Council After perusal of Federal Decree-Law No. (37) of 2021, on Commercial Register; And Ras Al-Khaimah Municipality Law of 1981, as amended; And Buildings Regulating Law No. (1) of 2009; And Law no. 7 of 2012 on Establishing Executive Council in Emirate of Ras Al-Khaimah; And Law no. 8 of 2016 on Regulating Practice of Economic Activities in Ras Al-Khaimah; And Law No. (8) of 2019 On Regulating Practice of Contracting Profession; And Law No. (10) of 2019 on Regulating Practice of Engineering Consulting Profession, as amended; And Law No. (11) of 2023 on Regulating Surveying Works in Ras Al Khaimah Emirate; And after approval of the Executive Council; Promulgated the following Regulation: Article (1) The following words and phrases shall have the meanings indicated opposite each of them, unless the context of text requires otherwise: Emirate: Ras Al Khaimah Emirate. Department: Ras Al Khaimah Municipality Department. Director-General: Director General of Department. Competent Administration: Buildings Administration in the Department. Competent Division: Qualification Division affiliated to Competent Administration. Committee: A committee that has the competence to examine and express opinion to the Competent Division. Competent Authority: The Authority that has the competence to issue the trade license of building contracting establishments in the Emirate. Establishment: Any company or corporation licensed to practice contracting activity. Register: An electronic register for recording and classifying contracting establishments licensed to practice the contracting profession in the Emirate, as well as accredited engineers with the Department. Article (2) 1. General contracting activities in the Emirate are limited to the main fields listed in schedule no. (1) attached hereto and the sub-fields listed in schedule no. (2) attached hereto. 2. The activities of infrastructure contracting are limited to the fields listed in schedule no. (3) attached hereto. 3. The Director-General may - upon the proposal of Competent Administration - add other fields to contracting establishments. Article (3) The following procedures shall be followed to record engineers in the register and classify them in the appropriate category: 1. The engineer should submit an application to the Competent Administration that includes the following details and documents: a. Engineer name, address, nationality, date of birth, copy of Emirates ID or other approved evidence to verify his details. b. Copy of the academic qualification certificate stating the degree, specialization, graduation date, university and country from which he obtained the certificate. c. The professional experiences he has gained in his field of specialization, number of years and the training and professional accreditation certificates related thereto. d. Engineer membership number and date in Society of Engineers – UAE. e. Statement of the contracting establishments in which he worked and the jobs and tasks assigned to him therein. f. Good Conduct Certificate. g. Any other details determined by resolution from the Committee. 2. After completing the data and documents stated in the first clause of this article, the Competent Administration shall record the engineer in the register and classify him in the appropriate category stated in the two schedules nos. (4) and (5) attached hereto, provided that the following conditions are met: a. Hold bachelor’s degree in engineering from a recognized university in engineering specialty for which the license is required. b. To be a member in Society of Engineers – UAE. c. To be of good conduct. d. He must have number of experience years qualifying him for the appropriate category, as stated in the two schedules nos. (4) and (5) attached hereto. e. He must hold residence visa under sponsorship of the establishment in which he is required to be registered. If he is registered within the establishment’s engineering cadre, it is sufficient to submit a temporary work permit issued by the concerned authority. f. Pass the test specified by the Competent Division for each category. g. Any other terms determined by resolution from the Competent Division. 3. The Committee shall verify the availability of the terms and requirements for registration and classification and express its opinion to the Competent Division within thirty days from the date of fulfilling the classification requirements and conditions for the category on which classification is requested. 4. The Division - after receiving the Committee’s opinion - shall approve the engineer’s registration and issue his registration certificate, specifying therein data, classification category and the establishment in which he is registered. 5. In case of registration rejection, the rejection decision must be reasoned and notified to the engineer by one of the means indicated in Article No. (18) of this regulation. 6. The Competent Administration shall be entitled to reconsider the request to record the engineer in the register and classify him after re-testing him in the following cases: a. Failure to pass the Department’s test specified for each category. b. Obtain an annual performance evaluation that does not meet expectations for several cycles. c. Non-practice of the profession for more than three years. d. Other cases determined by resolution from the Director-General upon recommendation from the Competent Division. 7. The register details must be updated continuously, especially the details related to the registration status and classification category, performance efficiency results, final penalties imposed on the engineer, if any, and any other details determined by a resolution from the Competent Division. Article (4) The following procedures shall be followed in recording and classifying contracting establishments in the register: 1. The contracting establishment shall submit an application to the Competent Administration that meets the following details and documents: a. The trade name of the establishment, its trade license number, the person in whose name the license shall be issued, names of the partners and manager in-charge, its headquarters, location, area and the field of contracting activity licensed to provide it. b. Number of engineers, workmen and administrative officers in the establishment. c. A statement from Department of Economic Development indicating the activities licensed to be provided by the establishment. d. Paid-up capital. e. Any other details determined by resolution from the Competent Division. 2. The Competent Administration shall undertake the initial registration of the establishment in the register. 3. After completing all the details and documents set forth in the first clause of this Article, the Committee shall express an opinion to the Competent Division in registering the contracting establishment and classifying it on the category mentioned in schedule no. (6) attached hereto, within thirty days from the date of completing the details and criteria specified for classification. 4. The Competent Division, after receiving Committee opinion, shall approve the registration and issue establishment registration certificate, indicating therein the establishment details and classification category. 5. In case of rejecting registration and classification, the Competent Division shall issue a reasoned decision to that effect and notify the establishment thereof through one of the means set forth in Article (18) of this Regulation. 6. The Director-General may, upon a proposal from the Competent Administration, amend the establishments classification criteria or add new criteria thereto, particularly in respect of the number of workmen. 7. The Competent Administration may, based on the opinion of the Division, authorize contracting establishments to form a temporary consortium to implement a specific project, in accordance with the conditions and controls issued by a decision from the Director-General and the consortium shall be classified within the category which essentials are available therein and the provisions of that category shall apply thereto. 8. The Competent Administration shall be notified of any change in the details of the establishment license or technical cadre, within thirty days from the date of the change. 9. The Committee may, at any time, cancel the establishment entry into the register if it violated or failed to meet any of the conditions necessary for registration and classification. 10. Contracting companies may apply for temporary work permits for workmen according to the percentage determined by the Competent Division. 11. The details of contracting establishments register must be updated on an ongoing basis, particularly the details of area share allocated to each establishment, results of performance efficiency, cases of suspension, sanctions details and any other data determined by resolution from the Competent Division. 12. The main contracting establishment must register the contract with the subcontractor with the Administration in accordance with the procedures and conditions specified in the Department. 13. In addition to the availability of contracting establishments classification criteria set forth in this Regulation, the company or corporation must own financial assets that can be liquidated to cover its obligations if one of the conditions determined by resolution from the Director-General is met, provided that the following shall be included among these assets: 1- Cash and deposits in banks. 2- Properties, equipment and vehicles. 3- Receivables which collection had been proved after the balance sheet date or which balances had been validated by government authorities. 4- Works under implementation in case of collecting value thereof after the balance sheet date. 5- Expenses paid in advance or the like. 6- Any other assets approved by the Department. 14. The financial position of the contracting establishment shall be studied by an accredited auditor or any entity determined by the Department in accordance with the form and requirements determined by the Department. Article (5) Building demolition and debris removal contracting establishments shall be registered and classified according to the same procedures set forth in Article (4) of this Regulation, taking into account the technical and administrative criteria stated in schedule no. (7) attached hereto. Article (6) Metal construction and precast concrete construction contracting establishments shall be registered and classified according to the same procedures mentioned in Article (4) of this Regulation, taking into account the technical and administrative criteria stated in schedule no. (8) attached hereto. Article (7) Establishments practicing infrastructure contracting activities shall be registered and classified in accordance with the procedures stated in Article (4) of this Regulation, taking into account the technical and administrative criteria stated in schedule no. (9) attached hereto. Article (8) The contracting establishment registered and classified in the Register shall take one of the following forms: (1) Local Contracting Establishment It is the establishment for which the main branch is established and licensed in the Emirate. (2) Branch of a contracting establishment from outside the Emirate It is a branch of a classified establishment in one of the State emirates and the following shall be required to register and classify it: a. The period of practicing the contracting profession in one of contracting activities fields stated in this Regulation shall not be less than three years in one of the State emirates. b. To have the specialized engineering cadre for each field of contracting activities to be practiced. c. The branch shall be registered and classified in accordance with the procedures followed in the Department. (3) Foreign Contracting Establishment Branch It is a branch of a foreign contracting establishment established in the Emirate and the following shall be required to register and classify it: a. The field and specialization to be registered and classified shall be among the fields stated in this Regulation and the experience of the establishment to which it belongs shall not be less than five years outside the State in the field for which registration and classification is required. b. To have an engineering cadre for the field of contracting required to be registered and classified for practice. c. The establishment to which it belongs must have previously completed solely number of pioneering engineering quality projects and list of these projects accompanied by their contracts or certificates of completion shall be submitted among classification documents. d. To be managed by an engineer recorded and classified in the register in accordance with the procedures and conditions specified for the classification category and grade and the period of practicing the profession shall not be less than five years in the field for which the branch shall be registered and classified to practice it. (4) Joint Contracting Establishment It is establishment to be incorporated in the Emirate in accordance with the provisions of Companies Law jointly between a local contracting establishment classified in the first category and a foreign contractor who does not have a branch within the State and the following conditions shall be met by the foreign contractor to register and classify it: a. Conditions to be met for the registration and classification of branch of the foreign contracting establishment. b. The activity and field of contracting for the foreign contractor shall be of the same type of activity and field as the local contracting establishment. c. The foreign contractor has practiced the activity and field of contracting to be registered and classified for a period not less than five years. d. Not to be a partner in any of the other local contracting establishments. Article (9) In case the engineer or contracting establishment submits a request to the Competent Division to amend the classification, the following procedures must be followed in considering the application: 1. The Competent Division shall verify that the application meets the requirements and conditions of the classification category stated in schedules (4), (5), (6), (7), (8) and (9), as the case may be, in accordance with the established criteria. 2. After approving the amendment of classification category, the Competent Division shall issue a new registration certificate indicating the new classification category and its details within thirty days of fulfilling the requirements for amending the required classification category. 3. In case the application is rejected, the rejection decision shall be reasoned and the establishment or the engineer, as the case may be, shall be notified by one of the means set forth in Article (18) of this Regulation. Article (10) The establishment owner shall be responsible for signing the contract with the project owner or his representative and without prejudice to the liability of the license holder before the Department, he may appoint a manager for the establishment who shall be entrusted with the tasks of singing and acting on behalf of the establishment from those who meet the following conditions: 1. To be an engineer recorded in the register of contracting practitioners. 2. To be entirely engaged in the works of the establishment. 3. To have the period of experience required for the classification category of the establishment. Article (11) The contracting contract should include the following basic details and conditions: 1. Date of the contract, its parties, their addresses, and means of communication among them. 2. An accurate description of the contracting works subject of the contract, the contractor's tasks and obligations in the project. 3. Determine the agreed duration of implementing the works, the agreed fees and how to pay them. 4. Determine how to modify the works in the project and mechanism thereof. 5. How to determine delay fines, conditions thereof and mechanism of applying them. Article (12) 1. The Director-General shall issue a resolution specifying the share of projects areas allocated to contracting establishments. 2. In case a contractor’s project is suspended in execution of a decision issued by the Competent Administration, a cadastral share shall be added thereto - based on the Committee recommendation - in place of the share of the suspended project, in accordance with the standards and conditions approved by the Competent Administration. Article (13) 1. The Competent Division shall periodically update the performance efficiency data of contracting establishments in accordance with the specified performance indicators and standards. 2. The Committee shall periodically evaluate the performance efficiency of contracting establishments, and in the event that the establishment obtains more than one evaluation that does not meet its expectations, the establishment shall be suspended from receiving new projects until the efficiency of its work performance is raised and its performance level is improved. Article (14) 1. The contractor must apply to the Competent Administration to renew registration thereof within the two months preceding the expiry of the registration period and the renewal shall be for a full year, provided that the conditions of registration continue to be met and the determined fee is paid. 2. Failure to renew the registration on the specified date shall result in the cancellation of the establishment registration and the suspension of all its works and those who contracted therewith may apply to the Department to change the contractor in accordance with the procedures followed. 3. In the event that its registration has been canceled for not being renewed on the specified date, the establishment shall be entitled to apply to the Competent Administration for its renewal and the renewal shall take place after paying the fee and the delay fine stated in the fines schedule. Article (15) 1. The contractor may apply to the Competent Administration during the validity period of his registration to suspend registration for a period of not less than three months, provided that he does not have projects or obligations towards third parties and the application shall be decided on within thirty days from the date of its submission. 2. After the expiry of the suspension period, the establishment manager in charge shall submit a request to the Competent Administration to resume the validity of the registration and if the expiry date of the suspension coincides with the date of the registration renewal request, the establishment must apply for renewal of the registration instead of requesting resuming validity thereof. 3. The suspension of registration shall not entail compensation for its duration after the expiry of the registration period. Article (16) a. The contractor may submit to the Competent Administration a request to cancel the record thereof in the register under the following conditions: 1. Non-existence of obligations towards third parties, contracted projects, or present a disclaimer issued by the owner and consultant 2. Submit proof of the trade license cancellation from the concerned authority. 3. Any other conditions issued by a decision from Competent Administration. b. The Competent Division shall cancel the registration if the application meets all the conditions and requirements and issue a cancellation certificate after paying the due fee. c. The contractor shall bear the responsibility resulting from cancelling registration thereof towards third parties. d. In case of application rejection, the decision must be reasoned. Article (17) a. The owner may submit a request to the Competent Administration to change the contractor in accordance with the procedures and conditions issued by a decision from the Director-General. b. All responsibilities of the old contractor to be changed shall be transferred to the new contractor from the date of the Competent Administration approval on the change request, under the following conditions: 1. Submit a technical report certified by the Competent Administration and issued by the old contractor and approved by the engineering consultancy office for the project showing the status of the project, the phase in which it is and the extent to which it conforms to the issued building permit and the approved schemes before the change and until the date of report issuance and in the event that the old contractor does not submit this report, the project owner or the Competent Administration shall assign the new contractor to prepare and approve it from the engineering consultancy office for the project at the expense of the old contractor. 2. Acknowledgment from the new contractor of studying the design, approved schemes and technical report and understanding them. 3. Any other conditions issued by a decision from the Competent Administration. Article (18) Notifications from the Competent Administration shall be sent to the contracting establishment and engineers by the following means: 1. Notify the license holder or establishment manager in person. 2. Paste notification in a visible place at the establishment's headquarters registered with the Department. 3. By courier, registered or electronic mail registered with the Department. 4. By SMS, or Department approved technical applications. 5. Any other means approved by Director-General and announced on the Department's approved applications and text messages on the phones registered with the Department. Notifications of establishments shall be effective if they are sent to any of their regular or electronic addresses or their telephone numbers registered with the Department and the cancellation of such data or any amendment thereto that has not been notified to the Department by the means specified for this purpose and announced on the Department's approved applications shall not be considered. Article (19) 1. The Director-General shall issue a resolution specifying the cash guarantee deposited by the establishment in the Department treasury to issue the initial registration certificate and practice the activity according to the field of activity of the establishment's contracting and category thereof, and the establishment may request the cancellation of the initial registration before the expiry of its term and redeem the cash guarantee and if the registration certificate expires without renewing it, or the licensing procedures are not completed, the registration shall be considered null and void and the right to redeem the guarantee amount shall be forfeited and shall devolve upon the Department's treasury. 2. The cash guarantee for approving the assignment of a project which is higher than establishment classification category, or the assignment of a project to an establishment from outside the Emirate, shall be redeemed after the completion of the project, the issuance of the completion certificate and obtaining express approval from the Department on the redemption application. Article (20) The establishment may appeal against the decisions of the Competent Administration before the Grievance Committee in the Department with a request submitted within fifteen days from the date of being notified by decision and the Grievance Committee shall decide on grievance within one month from the date of its submission and the decision issued thereby shall be final. Article (21) All Departments and Authorities related to the application of articles provisions of Law no. (8) of 2019 referred thereto shall coordinate, cooperate and electronically link among themselves to implement its provisions and the decisions issued pursuant thereto, in accordance with the mechanism set by the Department. Article (22) Contracting establishments registered in the Department shall conduct regularization in accordance with the provisions of this Regulation within one year from the issuance date thereof. Article (23) Any provision in another resolution that conflicts with the provisions of this Regulation shall be repealed. Article (24) This Regulation shall enter into force from the issuance date thereof and be published in the Official Gazette. Mohamed Bin Saud Bin Saqr Al Qasimi Ras Al Khaimah Crown Prince Promulgated by us on this day twenty second of Rajab 1446H. Corresponding to the twenty-second of January 2025G.