Q: I invested in a Dubai property. In my handover notice was included a size increase letter… A: If it is agreed in the SPA that you would pay for any increase…

Dear Sir/Madam, Please note that my response to your question will be purely from an academic point of view based on the limited preliminary information that has been provided. Therefore, it should not be treated as a legal opinion for the want of adequate knowledge and review of relevant documents when read with the applicable laws. Article 12 of Law No. 13 of 2008 clearly states that if there is an increase in the area of the property, the developer may not claim any increase in the price in consideration for such increase. However, Article 13(2) of Executive Council Resolution No. 6 of 2010 states that any area in excess of the net area of the sold property may not be taken into consideration, unless otherwise agreed. This means that if it is agreed in the SPA that you would pay for any increase in the area, then it is likely that the clause would have to be complied with. Nevertheless, the SPA will need to be reviewed to analyze if the developer has been given the right to ask for an increase in the purchase price if the area of the property has increased on handover. In addition, along with the SPA, the Initial Contract of Sale and Title Deed would also need to be reviewed to evaluate the area(s) specified and if there was any such increase in the area of the unit. In order to share our opinion on the set query, we will need more information and so we invite you to write to/call us to further discuss this matter. We look forward to hearing from you.

Consequences of increased area of property on handover

Questions & Answers

Questions & Answers

7 available 7 • View all

Refund of DLD registration fees in case of cancellation of SPA

Q: I bought an off-plan property. After completion, I found out that the property didn't correspond of what I have signed in the SPA. I withdrew from the contract. The legal consultant of the company claims that I'm not entitled to have back my 4% which I have paid to DLD. As I never became in possession of my property I am wondering if I can claim back my 4% which I have already paid due to the fact that the property under my name needs to be deregistered? Thanks in advance for your help. Best regards

Aug 23, 2017

2473

Misleading real estate marketing in Dubai

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?

Nov 28, 2017

1462

The right to change a primarily unallocated purchased property for inconvenience

Q: Hi There, I am about to buy a unit in JLT, Concorde Tower. The title deed indicates one space (not allocated). The allocation was only on a paper held by security. When I went to check the allocated space I realized it was very inconvenient and far. I requested the option to change but it was denied by the building management on the grounds that the spaces were assigned long time ago when the developer sold the units. No record of this. This allocated space is not even within the buildings own basement but next door on level 2 of DMCC land, as I understand. Do I have the right to claim a closer space? Even within DMCC, but closer? Thank you so much for your advice. Regards

Oct 8, 2017

232

Variance in the carpet area between the SPA and design drawings

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?

Jan 6, 2019

1020

Compensation for the decreased area of property on delivery

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

2531

The handover is delayed and the size of the property is changed. What to do?

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?

Sep 5, 2021

684

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

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

Laws & Regulations

2 available 2 • View all

Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai

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

4814

Executive 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

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

5113

Kushagra Arora

Other answers by

14 14 answers •

View all

How the change of company name affects its contracts?

If a company changes its name under the same license, does it need to amend all the contracts entered?

Aug 22, 2017

4833

Setting up E-commerce business in Dubai

Hello, We are starting a new E-commerce business based in Dubai and would like to know some of the legal requirements to set an e-commerce business. We'll be selling physical products, imported from China and targeting the UAE as our customer base. So please if you could help us in informing what legal procedures like licensing etc should be done. Thanks.

Sep 5, 2017

2618

Photography copyrights

Dear Sir, I am a professional photographer. I want to get my photographs protected worldwide. How is it possible? And what all documents are needed? Many thanks

Aug 21, 2017

1027

Non-compete clauses in the employment contract

Dear Sir, I'm Satheesh from Abu Dhabi. For the past 3 years, I was working for a free zone company in Dubai. Our company have clients from both Dubai and Abu Dhabi and doing medical billing services for hospitals and medical centres. I was working with one of the company's clients which is a government hospital in Abu Dhabi (please note - govt is removing our company by Sept.). My concern is that the hospital is interested to recruit me as their employee. But I already signed a limited contract with my company which has "Non-competition non-solicitation agreement". My contract states that I cannot join their clients or competitors for 24 months after my visa expiry or end of service. If I violate this law they will take legal actions and they can ask for compensation (Law no. 8 of 1980 for UAE and Law no. 5 of 1985 for Dubai). My visa is expiring by Aug 25th, so I'd like to join there. Can I join this Abu Dhabi government hospital or not? If I join, is there any legal issue I have to face from my company?

Jul 30, 2017

10630

Responsibility of partners for bounced cheques signed by the company manager

Do the local sponsors have financial responsibility for bounced cheques from the company that they are sponsored? If I got cheques but they were bounced and the person who signed the cheques (managing director) left the country. Company is in labor zone, retail, 2 operating shops.

Jul 26, 2017

15737

Get quotes from lawyers

Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.

Get quotes

Popular Q&A

View all

How long does it take to get UAE employment visa after I accepted a job offer?

549

188857

Consequences of leaving the UAE without proper cancellation of employment visa

236