BIM law and regulation in the United Arab Emirates

The UAE is a federation of seven individual Emirates. As yet, there has been no federal implementation of BIM across the UAE generally. To date, the only Emirate within the UAE that has prescribed the implementation of BIM is Dubai.

BIM was first introduced as a requirement in Dubai in 2013 by virtue of Dubai Municipality’s Circular No. 196, which provided for the application of BIM for the “architectural and MEP work” on:

• buildings above 40 floors;
• buildings with areas larger than 300,000 square feet;
• specialist buildings such as hospitals and universities; and
• all buildings requested on behalf of a foreign office.

The mandate was then updated in 2015, when the Dubai Municipality issued Circular No. 207, which states that BIM is to be used in relation to the “architectural and mechanical works” on:

• buildings above 20 floors,
• buildings and facilities and compounds with areas larger than 200,000 square feet;
• buildings and special facilities such as hospitals and universities;
• all government projects; and
• all buildings and projects that are requested from a foreign office.

Circular No. 207 also stipulates that the provisions of Circular No. 196 will remain in effect and that consulting and advisory offices are responsible for its application, suggesting that the onus for adhering to the BIM mandate will fall to the architects and engineers on a project.

Importantly, neither of the circulars stipulate any minimum requirements in respect of the BIM level which must be applied. This omission is presumed to have been deliberate, so as to allow relevant entities to become familiar with BIM before a minimum level is applied. As yet, it is uncertain if or when the Dubai Municipality will issue any directive as to the minimum BIM level required for relevant projects.

Although no minimum standard is required, the benefits of BIM are already apparent in relation to Dubai based developments. BIM was recently utilised for the prestigious Dubai Opera project, where it was found to resolve substantial coordination issues.

In addition, major projects in other Emirates have also incorporated BIM. For example, the USD 3bn Midfield Terminal Building and the USD100m Louvre Museum, both in Abu Dhabi. The fact that BIM was used on these projects, without having been mandated by the Abu Dhabi government, indicates its increasing status as a tool which can aid the efficiency of the construction process.

Although BIM is mandated in Dubai, the minimum BIM level has not been prescribed. No guidance has been issued as to how BIM should be implemented into construction contracts in Dubai and no UAE specific Protocol has been issued.

Therefore, where BIM is required (either by the Dubai Municipality mandate or an Employer), the parties will need to determine themselves how it should be implemented into the contract. In doing so, the contracting parties will need to consider:

• clauses relating to BIM management responsibilities;
• the selection of and incorporation of a Protocol;
• the provision of documents; and
• the hierarchy of contractual documents.

The FIDIC forms of contract are widely used across the UAE. The General Conditions of these standard forms are often subject to extensive modifications.

The FIDIC contracts do not include provisions for BIM. However, there are FIDIC committees which have been asked, ahead of the release of FIDIC’s updated editions of the Rainbow suite (expected later this year), to consider how best to approach BIM. FIDIC may include suggested amendments to the General Conditions, dealing with BIM, in the updated Guidance Notes. Alternatively, FIDIC may issue its own BIM Protocol. In any event, the parties will still need to agree how to incorporate BIM into their contracts, with each party’s legal advisers assisting in shaping the style and scope of the BIM provisions.

• procedures (data) quality control (validation and verification);
• contract methodologies (including link to classifications of objects in BIM model);
• agreements on synchronisation of data;
• agreements on transfer of the model (including planning) to the next phase in the building process;
• project planning and consequences for model(s) and data;
• Document Management System (paper/digital)
• communication and consultation structures; and
• agreements on copyrights and the transferability of the copyrights.

A BIM Protocol is a document which sets out the requirements imposed on the parties in respect of the scope and application of BIM. There are no BIM Protocols published which apply specifically to the UAE market. The parties will therefore either need to adopt a standard Protocol, such as the UK’s Construction Industry Council’s BIM Protocol (modified to suit their needs), or create bespoke terms for the implementation of BIM.

No UAE BIM Protocols have yet been published. Any Protocol which is adopted or prepared on a bespoke basis, will need to be incorporated into the contract as per the parties’ agreement, with due consideration given to whether its provisions prevail in the event of a conflict.

Dubai is the only Emirate to have mandated the use of BIM. However, it has not stipulated any express requirements in respect of the BIM Manager’s/Information Manager’s role, other than to say consulting and advisory offices are responsible for the application of the BIM mandate. In practice, the role of the BIM Manager/Information Manager (and any other role with regard to BIM) can be assigned to anyone. Usually the Employer appoints the BIM Manager/Information Manager from its own organisation, one of the other contracting parties or an external BIM consultant.

Little to no information exists as to whether UAE insurers will require changes to policies as a result of BIM implementation in projects. Parties working on projects utilising BIM would be best advised to notify their insurers/brokers to assess whether any changes in coverage will be required.

Those standard form contracts which have been updated to reflect BIM requirements (e.g. JCT and NEC3), have not provided for enhanced design liability. Further, as set out above, FIDIC, which is the most widely used standard form in the UAE, has not, to date, provided for the use of BIM - although, we do expect FIDIC to address BIM in the updated Rainbow suite to be issued later this year. Parties in the UAE should therefore consider whether the proposed contract confers additional design liability in conjunction with the use of BIM, on a case by case basis.

Ownership rights will largely depend upon the contractual provisions agreed to, including the terms of any Protocol incorporated. It is advisable that the parties ensure specific provisions in respect of BIM related ownership are included in the contract to avoid disputes.

The responsibility for providing data and the types of data required will generally vary depending upon the specific project. The parties should agree what data is realistically required in order to avoid excessive amounts of irrelevant material being provided which will undermine the efficiency of the process.

The position regarding warranties and/or indemnities is not different in a BIM project, unless agreed otherwise by the contracting parties.

By enhancing collaboration between parties and the sharing of information, it is generally accepted that the use of BIM will be beneficial in reducing the time required for the planning and construction of projects in the UAE.

The success of BIM in reducing project timescales will depend upon how it is implemented and used. Parties must therefore ensure that their staff are fully trained and able to apply the principles of BIM to the relevant project.

BIM in the UAE is in its infancy, with little being known of the scope of using BIM during the occupancy of a building. From an international perspective, the use of BIM in relation to the occupation phase of a building is one of the key drivers for its implementation, with benefits such as enhancing the efficiency of facilities management after handover. There is nothing to suggest that these benefits will not apply to UAE projects where BIM is properly implemented.

As BIM has not been mandated at a federal level across the UAE, there is limited country-specific information on the subject.

In relation to Dubai, the Arabic language circulars issued by the Dubai Municipality are available at:

• https://login.dm.gov.ae/wps/wcm/connect/5ea11569-6070-4f85-8a77-c6542d70fe1a/Building+Information+Modeling+-+BIM+No.196.pdf?MOD=AJPERES
• https://login.dm.gov.ae/wps/wcm/connect/e4c87f27-b1f7-4b0b-87ec-c588105c509a/207_CircularsofConstructions.pdf?MOD=AJPERES

A summary of these circulars is contained in the following article:

• https://thebimhub.com/2015/08/15/revealed-dubai-municipalitys-updated-bim-mandate/#.WAXNbsvr0ww

As mentioned above, the Emirate of Dubai has taken the lead in mandating the use of BIM in certain categories of projects, with BIM already benefitting major developments, such as the Dubai Opera project. Whether or not the Dubai Municipality issues further circulars stipulating a minimum BIM level remains to be seen. However, in the meantime, we wait to see how FIDIC seeks to address BIM in the updated Rainbow suite of contracts – whether through suggested amendments to its General Conditions or the issuance of a FIDIC BIM Protocol.

Furthermore, as BIM has also been used on a number of high profile projects in Abu Dhabi, it is likely that the other Emirates, particularly Abu Dhabi – and possibly the UAE on a Federal level - will also mandate the use of BIM in the future.