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UAE Decennial Liability: Why Contractors Need to Rethink Construction Documentation

What is decennial liability in the UAE?

Decennial liability in the UAE is a mandatory statutory regime that makes the main contractor and supervising engineer jointly liable for total or partial collapse of a building, and for defects threatening the structural stability or safety of a structure, for a period of ten years from the date of delivery to the employer. The regime is now governed by Articles 821 to 824 of Federal Decree-Law No. 25 of 2025, which entered into force on 1 June 2026 and replaced the previous Civil Transactions Law of 1985. Any contractual clause seeking to limit or exclude this liability is void under the statute.

How long does decennial liability last in the UAE?

Ten years from the date of delivery of the works to the employer. This period is fixed by statute and cannot be reduced by contract. It begins at delivery — not at practical completion or at the issue of a final certificate — and continues regardless of changes in the project team, company ownership, or other post-handover developments. A claim arising within that ten-year window falls within the statutory regime.

When does the ten-year decennial liability period start in the UAE?

The ten-year period starts from the date the employer takes delivery of the works. This is the event of handover — when the employer receives the building from the contractor. It is not the date of the building permit, not the date of the municipality completion certificate, and not the date of the defect liability period expiry. The documented delivery date is therefore an important record to retain, as it establishes when the ten-year window began in the event of a later dispute about whether a claim is time-barred.

What types of defects fall under UAE decennial liability?

The regime covers total or partial collapse of the building and defects that threaten the structural stability or safety of the structure. These are serious structural conditions affecting the integrity and safety of the building. The regime is not triggered by ordinary finishing defects, decorative failures, or routine maintenance issues.

Does decennial liability cover every construction defect in the UAE?

No. Decennial liability applies specifically to collapse and threats to structural stability and safety. Ordinary defects — cracking in finishes, waterproofing failures, mechanical system performance, fitting failures — are typically governed by the defect liability period provisions of the construction contract and general contractual remedies rather than by the decennial liability regime. Conflating all post-handover defects with decennial exposure leads to a misapplication of the documentation and risk management standards appropriate to each category.

What documents should a UAE contractor retain after handover for decennial liability purposes?

The records most relevant to a decennial liability claim are: approved structural drawings and all revisions, as-built drawings, structural material certificates and test reports, concrete pour records and post-pour test results, inspection and approval records for critical structural activities, site photographs of structural elements taken before they were enclosed, records of any design changes or site instructions with structural implications, subcontractor and specialist records for structural elements, and the handover and delivery documents establishing the date of delivery.

Why are as-built drawings particularly important for UAE decennial liability?

As-built drawings record what was actually constructed, which may differ from what was originally designed even after formal revisions. In a structural defect investigation, the as-built drawing is typically the first document used to establish whether the defect relates to a design issue, a construction departure from design, or a specification failure. Without as-built drawings, the investigation cannot establish what was actually built. With them, the investigation has a starting point that connects the defect to the construction record.

How long should construction records be preserved in the UAE for decennial liability purposes?

Records relevant to decennial liability should be retained for at least the duration of the ten-year liability period from the date of delivery, plus a reasonable period beyond that to allow for disputes that arise toward the end of the period. The specific retention period a contractor applies should take into account the nature of the project, the structural complexity, and applicable contractual obligations. The minimum practical standard is that structural records remain accessible in usable form for the full ten years following handover.

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Rashmi Kumari
Rashmi Kumari

Rashmi holds a diploma in Construction and Civil Engineering, combining her technical expertise with a passion for writing. With hands-on experience in the construction industry, she has transitioned into a career as a construction content writer.