Can a developer demand extra payment for a 30% size increase after handover?

Hello,

According to RERA and DLD guidelines, developers are required to provide accurate information regarding the size of the property in the contract and to ensure that the property size is properly reflected in the official documents, including the Title Deed.

While RERA does allow for some flexibility in terms of variations in the area, it is generally expected that:

- Any variations in the area are disclosed prior to handover to the buyer.

- Price adjustments for area discrepancies are typically made before the buyer makes the final payment and prior to handover.

This means that you should have been notified of the size change before completing your payment and accepting possession of the unit.

The fact that the developer did not notify you about the increase in area prior to handover is a serious issue.

It seems that the developer failed to meet their contractual obligation to inform you about any changes before completing the sale and transfer.

You can file a counterclaim stating that the developer breached the terms of the SPA by failing to notify you about the area discrepancy prior to handover and failing to reflect the area adjustment in the final installment.

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Thank you for reaching out regarding your situation!

Based on what you’ve shared, the developer’s demand raises serious legal concerns under Dubai’s real estate regulations.

- Failure to Notify Prior to Handover:

Under RERA regulations, any significant change in unit size (especially a 30% increase) should have been communicated to you before handover. The fact that you were informed 45 days after possession could be challenged.

- SPA Terms on Adjustments:

Since your SPA explicitly states that any price adjustment due to size variation should be included in the final installment, and you fully paid before handover, the developer's demand for additional payment may not be enforceable.

- Legal Case by Developer:

The fact that they have initiated a court case means you need to act swiftly. The Dubai Courts will consider RERA/DLD regulations alongside your SPA, and you may have strong grounds to challenge the claim.

I can assist you in evaluating the legal basis of their claim, reviewing your SPA in detail, and defending your position in court.

Given the urgency, I recommend we discuss this further immediately.

Please reach out to me on WhatsApp or phone at [------------] to explore the best course of action.

Best regards,

Suhail Rana

According to the laws of the Real Estate Regulatory Authority (RERA) and the Dubai Land Department, any change in the actual area of ​​the unit after signing the sale and purchase agreement must be notified to the buyer in advance, not after delivery.

If the contract allows for price adjustments based on area differences but stipulates that the adjustment must be made during the final installment, the developer was obligated to make this adjustment before you received the unit, not afterward.

Since you have already received, furnished, and rented the unit, this may strengthen the developer's legal position, but the failure to notify the developer in advance of the increase may be a weakness in their case.

If the developer files a case in the Dubai Courts, you will need a specialized lawyer to review the sale and purchase agreement and consider the possibility of paying according to the terms of the contract or contesting the claim on the grounds of late notification or failure to follow agreed-upon procedures.

You can also file a complaint with RERA to verify whether the developer has complied with the laws and regulations related to this type of change.

For assistance, please contact us via phone or WhatsApp at [-----------].