Questions & Answers
Questions & Answers
3 available 3 • View allCan 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.
Mar 12, 2025
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.
Jul 19, 2017
1608
Compensation for the decreased area of property on delivery
1
Q: Dear Sir,
For my apartment, I had paid for 943 Sqf and at the time of delivery, the developer is giving me space which is 6.16% less.
As per the DLD law, the developer has to compensate me but the developer is compensating for only 1.16% and stating that according to Law, the calculation in the decreased area will be based on the area above the 5% only.
Resolution of the Executive Council No. (6) of 2010 Approving the Regulation of Law No. (13) of 2008 Concerning Regulating the Initial Real Estate Register in the Emirate of Dubai - Article 13 – paragraphs 3 and 4 states that:
“3- The developer shall compensate the purchaser for any change if the net area decreased to more than (5%) of the unit net area.
4- The compensation due to the purchaser will be calculated, if the decrease in the net area exceeding the percentage stipulated in paragraph (3) hereof, on the basis of the value of the real estate unit..."
Need your advice. Will the developer compensate for 6.16% or only 1.16%?
Feb 10, 2019
2673
Laws & Regulations
2 available 2 • View allExecutive 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.
Feb 14, 2010
5241
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.
Aug 14, 2008
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