أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعCan a developer demand extra payment for a 30% size increase after handover?


1
Q: Hello,
I purchased a one-bedroom off-plan unit in Dubai from a well-known developer under an SPA specifying an area of 801 sq. ft. I completed all payments as per the developer’s payment plan, and the unit was handed over to me without a Title Deed.
After taking possession, furnishing the unit, signing a tenancy contract, and making repeated follow-ups to obtain my Title Deed, the developer informed me, 45 days after handover, that the actual area was 1,041.41 sq. ft., a 30% increase from the original SPA terms.
To receive my Title Deed, they are now demanding payment for the increased size.
Key issues:
- Failure to notify me before handover about the 30% increase in area.
- The SPA allows for price adjustments for area variations but specifies that such adjustments must be reflected in the final installment, which I had already fully paid before handover.
- The developer has now filed a legal case through Dubai Courts, demanding payment.
I require legal advice based on RERA/DLD laws and the SPA.
2025/03/12
137
Consequences of increased area of property on handover
2
Q: I invested in a Dubai property in 2007. It was completed in 2016. In my handover notice was included a size increase letter which says my property size has increased by 50% and I now need to pay an extra 463,000 AED.
Under Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register:
"Any area in excess of the net area of the sold Real Property Unit may not be taken into consideration. Unless otherwise agreed, the developer may not claim the value of such extra area."
The developer is saying because I agreed to pay for any increase in my SPA which I signed in 2007 I have to pay for the increase. I am saying since the law came out in 2008 and decree 6 came in 2010 they would have to agree the increase with me again.
Can you please advise.
2017/07/19
1608
التعويض عن انتقاص مساحة العقار عند التسليم
1
س: سيدى العزيز،
لقد دفعت ثمنًا مقابل 943 قدمًا مربعًا كمساحة شقتي وفي وقت التسليم منحني المطور مساحة أقل بنسبة 6.16٪.
يجب على المطور تعويضي وفقًا لقانون دائرة دبي للأراضي والأملاك، ولكن المطور يعوضني عن قيمة 1.16٪ فقط وذكر أنه وفقًا للقانون فسيتم حساب التعويض عن النقصان في المساحة الزائد عن 5٪ فقط.
تنص الفقرتان الثالثة والرابعة من المادة 13 من قرار المجلس التنفيذي رقم 6 لسنة 2010 باعتماد اللائحة التنفيذية للقانون رقم 13لسنة 2010 بشأن تنظيم السجل العقاري المبدئي في إمارة دبي - على ما يلي:
"3- يلتزم المطور بتعويض المشتري عن التغيير في مساحة الوحدة العقارية بالنقصان متى تجاوزت نسبته 5% من المساحة الصافية للوحدة.
4- يحسب العويض المستحق للمشتري إذا كانت نسبة النقص في المساحة الصافية تزيد على النسبة المحددة في الفقرة (3) من هذه المادة على أساس ثمن الوحدة العقارية المتفق عليه في العقد المبرم ما بين المطور والمشتري".
أحتاج إلى نصيحتك. هل ينبغي على المطور أن يعوضني عن نسبة 6.16٪ أم 1.16٪ فقط؟
2019/02/10
2673
قوانين وتشريعات
2 متاح 2 • عرض الجميعExecutive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
2010/02/14
5242
Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
2008/08/14
4925

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متميز
إجابة أخرى من
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إجابة أخرى من
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We are establishing a tech solutions company with three founding partners, each bringing in different levels of investment.
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I want to ask a question.
I signed my contract previously without including the maternity leave, and at that time, I was single.
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As per my company, they cannot give.
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I potentially got an opportunity to work for a different company.
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متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعI received a judgment for a criminal case that I did not know about. Should I appeal it? 0
I had a criminal case registered against me due to a telegram scam in Dubai. But I didn't know about it.
It's been more than 6 months, and now I know about the case against me again.
Can I appeal it in court, or will the judgment be enforced now?
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Can I get legal assistance to make a shareholders’ agreement that governs the profit participation? 0
We are restructuring our existing business and plan to introduce employee shareholders as part of a retention plan.
We require a shareholders’ agreement that governs their profit participation, limits voting rights to certain decisions, and sets a buy-back policy if they leave the company.
Could your legal team prepare this for us?
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31
How can we prepare a shareholders’ agreement for a tech solutions company we are establishing? 0
We are establishing a tech solutions company with three founding partners, each bringing in different levels of investment.
We want a shareholders’ agreement that clarifies share distribution, profit-sharing ratios, decision-making rights, and conditions for future capital increases.
Can you assist in preparing this?
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Can I change jobs while a work site accident investigation is ongoing and I am the manager? 0
Good day
I am involved in a police investigation due to an accident that happened at work.
I was not on the site; however, because I am the region manager, I am automatically involved in the case.
I potentially got an opportunity to work for a different company.
My question is, can I change jobs while the investigation is still ongoing?
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11
I received a verdict on my personal name for my company unpaid rent without proper notification. What to do? 0
Hello, our business has unpaid rent.
1. The 30-day notice named my business but also wrongfully named my private name, while the rental contract is solely under the business name. I'm sure it was done in bad faith by the landlord to try to damage me personally.
2. After the 1st notice, I expected an RDC notification, and nothing came. I just logged in today on my app and saw that a verdict was pronounced on the 21st of August in this case, without me even getting an email, messages, or notification at the office to even appear at the 1st instance!
How can this be handled?
First of all, this rental situation should not involve my private name as the company is the sole tenant on this contract, and second, no notifications were ever sent to me, although at the office every day!
Here is my WhatsApp for whoever knows what to do to successfully dispute these tricks by this landlord.
2025/08/29
27
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