Q: I purchased an off-plan property in Dubai, UAE. Later I found that the covered area in the Sale and Purchase Agreement (SPA) for the off-plan apartment is 25% more than the area calculated from design drawings provided by the developer. I followed this with the developer for more than a year but they have refused to discuss until handover. I bought two apartments in the same building and both have the same issue. Seems this is a widespread issue and the developer is deliberately charging 20%-25% more to buyers. I launched a complaint with DLD but they verbally asked me to go to the court. Is this a fraud? Where should I launch my complaint?

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%?

Q: I have purchased a property developed by a developer. They told me verbally that the property is located in Downtown, and in the SPA they used the location Burj Khalifa community developed by another developer. As a first-time property buyer, I trusted them. Now, they are saying that the property is in Business Bay. How can Dubai laws support a customer for the disguised real estate marketing or cheating?

Q: I have paid 20% of a commercial property value which has been completed. I am unable to arrange for the remaining amount and want to cancel the contract. Can the builder legally demand 20% more to forfeit a total of 40% before the cancellation? Can the builder put a criminal case for the non-payment of a bank loan? What are my options?

س: السلام عليكم ورحمة الله، أمتلك شقة في دبي وأقيم فيها وهي تملُّك حر موجودة في الطابق الثاني. في الطابق الأول توجد خدمات المبنى من مسبح وجيم وساونا وصالات لاستخدام القاطنين في المبنى ولكن منذ فترة اكتشفت أن المطور قد اقتطع جزءًا كبيرًا من طابق الخدمات وحولَّه لعقار تجاري ليتحول فيما بعد لحضانة أطفال. لدي عدة استفسارات وأسئلة أرجو الإجابة عليها: 1- هل يحق للمطوِّر الاقتطاع من الأجزاء الخدمية في المبنى والاستفادة منها تجاريًا؟ 2- هل يحق لي المطالبة بعطل وضرر لأنه فيما بعد سيحدث ضجيج وإزعاج بسبب حضانة الأطفال وخصوصًا أنني لم أكن على علم و تم الإنشاء بعد أن سكنت بأكثر من سنة وما الطريقة القانونية للشكوى؟ 3- كيف أتحقق من أن ما قام به المطوِّر قانونيًا أم لا وخصوصًا أن أعمال البناء للحضانة قد اكتملت؟

Q: Hello, I have a friend who invested 15 million dirhams in real estate projects in Ajman. The developer took the money and fled the UAE. The case has been in Ajman courts for 15 years and nothing had been done. The developer had recently died aboard. Can we sue his estate?

Q: I have purchased a property that was due by the end of 2018. A few days ago I have received a notification that the property is ready for handover, however, during the "snagging" I could see that the building will take at least few more months to reach completion! Mashrooi states 92% completion only. I asked the developer for compensation for the delay - according to the contract, it should be 1% per quarter which should be 11-12% by now (3 years), however, he is saying he will do a maximum of 7%. In addition, the drawing of the unit in my contract differs from the actual studio. The outline is different and the size of the unit is 35 sq. m. vs. 50 sq. m as shown on the drawing. The developer points to another page where the 50 sq. m is stated as a gross area rather than a net area. However, if placed directly under the drawing of the studio, shouldn't this refer to the net area? With the difference in size as well as the 3 year+ delay, do I have a chance to ask for a refund of my 50% investment?

Q: Hello everyone, I bought an off-plan unit from a developer around Feb. 2018. They promised to deliver by March 2019, but they kept on postponing. Along the way, they asked me to sign the SPA. I said I won't and requested them to refund me my payments. At one point, they agreed and later they said no. I have all these correspondences on email. Finally, the developer forged my signature and signed the SPA by themselves and registered it with DLD, and processed the cancellation. When I visited DLD, I have been shown a SPA signed under my name on May 13, 2021. The signature was done fraudulently because I did not sign it. I made a payment of more than AED 130K. I would appreciate your guidance.

The UAE Penal Code, like all other laws, addresses the crime of fraud in Article 399 of the UAE Federal Penal Code, which stipulates that whoever seizes, for himself or another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender shall be punished by imprisonment or fine.

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.

This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.