ADGM Contractor and Builder Obligations — Support of Property, Easements, and Liability Under RPR 2024

Jurisdiction notice. This guide covers the ADGM Real Property Regulations 2024 only. It applies to real property inside the ADGM Area — Al Maryah Island, and Al Reem Island from 1 January 2025. Mainland Abu Dhabi real estate is governed by Abu Dhabi Law No. 19 of 2005 and related Tawtheeq / ADREC rules — a different regime with different limits. This article is for general information only and does not constitute legal advice.

Contractors working in ADGM carry statutory property obligations that sit alongside and independent of their construction contracts. Section 83 imposes strict liability for destabilising adjacent structures. Implied easements automatically bind service routes. Party-wall cross-easements arise by operation of law. Ignoring these is a fast path to litigation.

1. Support of property — strict liability

Section 83 is uncompromising: any person who excavates or develops land in a way that adversely affects the stability of adjoining property or structures is liable to any person who suffers loss as a result. This is strict liability — there is no fault threshold. Conducting the works carefully, following all engineering standards, and complying with the construction contract does not provide a defence if the works in fact caused instability.

The liability extends to buildings, structures, and land — not just the immediately adjacent lot. If a Reem Island tower excavation causes settlement damage to a structure two lots away, section 83 exposure exists.

Warning — strict liability has no fault defence. Pre-condition surveys of all adjoining structures before commencing ground works are not optional — they are essential. Without a pre-condition survey, you cannot establish the baseline state of the adjoining structure and cannot defend quantum in a section 83 claim. Commission independent structural engineers to document every crack and settlement feature before mobilising.

2. Implied service easements — know what runs through the site

Sections 84 and 85 automatically imply service easements across all lots in a development. Water, electricity, telephone, drainage, gas, and sewerage services have implied easement rights — without any registration, without any express grant. If the subdivision plan shows service infrastructure running through your construction site, those easements exist and bind you as a person dealing with that land.

Damaging service infrastructure during construction, even inadvertently, triggers the contractor's liability to repair the damage caused in the process of using the easement. (s.84(3)) The indemnification obligation under section 85(7) requires the party exercising an easement right to indemnify the burdened party for losses caused — unless those losses resulted from the burdened party's own gross negligence.

3. Party walls

Section 93 creates automatic cross-easements in party walls. Each side of a party wall is entitled to support from the whole wall. This means:

Neither owner can demolish or materially weaken their half of a party wall without the other's consent
Excavation works that undermine the party wall foundation engage both s.83 (support of property) and s.93 (party wall easement)
Both parties have an interest in the structural integrity of the whole wall — not just their half
Any works affecting party walls should be preceded by structural assessment and mutual notification

4. Registering new easements before commencing

If construction requires access across a neighbouring lot — a construction haul road, a crane swing path, a temporary service diversion — a new easement must be registered before works begin. (s.86) The registration requires an instrument signed by grantor and grantee and a plan of survey identifying the easement area. (s.87(1)(b))

If the neighbour refuses to grant a necessary easement, section 94 allows a Court application for a compulsory access easement. Requirements: the access must be reasonably necessary for the use or development of the applicant's land, and the grant must be in the public interest. The Court will also award compensation to the burdened owner.

5. Pre-construction due diligence checklist

Title search all adjoining lots (s.151) — map registered easements and covenants that affect the site and neighbours
Identify all service infrastructure in the subdivision plan — trace every implied easement route
Commission pre-condition structural survey of all adjoining buildings — document in full
Register any new access or temporary easements needed (s.86) before mobilising
Serve written notice on all neighbours whose land will be accessed under s.84(3)
Prepare engineer-signed method statements for all excavation works
Obtain party-wall insurance and third-party property damage insurance
Verify building completion definition (s.31) — plan name registration (s.32) within 30 days of completion
Confirm all instruments in English (s.11(4)) — certified translations if Arabic originals

6. Liability matrix

Trigger	Section	Liable party	Exposure
Excavation destabilises adjacent building	s.83	Contractor / developer	Full loss to adjacent owner — no fault defence
Service infrastructure damaged during works	s.84(3)	Contractor exercising easement	Cost of repair caused by the exercise
Easement exercise causes loss to burdened owner	s.85(7)	Contractor exercising easement	Indemnify burdened party (unless their gross negligence)
Successor-in-title for easement repair cost	s.95	Current owner / occupier	Bound for duration of ownership
Party wall damage	s.93	Party causing damage	Repair + consequential loss

7. Defects and building completion

The RPR 2024 imposes no statutory defects liability period — construction contracts govern. Building completion under section 31 means substantial completion plus all required permits. This triggers the 30-day window for building name registration under section 32(1). A building completed before 1 October 2024 had 30 days from the date of publication of the Regulations to register its name.

Tip. Register the building name early — ideally as soon as the completion certificate is anticipated. A rejected name application (section 32(4)) triggers a Court appeal process that can delay practical completion marketing. Have brand/IP evidence ready if the building name incorporates a third-party mark.

This article is for general information only and does not constitute legal advice. For advice on a specific ADGM real property matter, please contact us. Last updated: 19 May 2026.

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Frequently asked questions

Is the support-of-property duty under s.83 strict liability?

Yes. Section 83 imposes liability on any person who excavates, develops, or otherwise disturbs land in a way that adversely affects the stability of adjoining property or structures. There is no fault threshold — you are liable if your works caused the instability, regardless of how carefully they were conducted. Pre-condition surveys of adjoining structures before commencing work are essential evidence for quantifying (rather than avoiding) this liability.

Do I need to notify neighbours before excavating?

The RPR 2024 does not impose a specific pre-excavation notification requirement on contractors. However, section 84(3) requires reasonable prior written notice before entering another lot to install or maintain service infrastructure. For excavations that will affect party walls, the party-wall easement under section 93 implies a right of support — both parties have an interest in early communication to manage risk. Practical good practice is to notify all adjoining owners with engineer method statements before commencing.

Who pays for maintaining shared service infrastructure?

Under sections 84(4) and 85(3), the cost of maintaining service infrastructure subject to implied easements is apportioned as a reasonable proportion among all lots benefitting from the service. There is no fixed formula — reasonable proportion is assessed based on use and benefit. Where the subdivision plan specifies an apportionment, that prevails. Disputes go to the ADGM Courts.

What if the neighbour blocks access I need for construction?

Section 94 allows a party to apply to the ADGM Courts for a Court-ordered access easement where access is reasonably necessary for the use and development of the applicant's land. The Court must also be satisfied that the grant is in the public interest and that compensation is paid to the burdened party. This is a significant power — but it requires a Court order, and there must be a genuine necessity, not just convenience.

Does ADGM RPR impose a statutory defects liability period?

No. The RPR 2024 does not impose a statutory defects liability period on contractors or developers equivalent to, for example, a 10-year latent defects period in some civil-law jurisdictions. Construction contract terms — typically FIDIC or a bespoke contract — govern defects liability. The section 83 support-of-property obligation provides a limited ongoing duty for stability, but general defects are governed by contract.

What is building completion under ADGM RPR?

Section 31 defines building completion as substantial completion plus the obtaining of all required permits and authorities. This triggers the 30-day obligation to register a building name under section 32(1). It does not mean absolute perfection — substantial completion with outstanding minor snagging items is sufficient to trigger the obligation.