Questions & Answers
Questions & Answers
7 available 7 • View allDelayed property projects and the right to exit the SPA
3
Q: Delay in property completion and need for cancellation and exit from SPA
Hello All,
I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018.
I received a note in April 2018 citing the new completion date would be Dec 2019.
Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA.
This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

Mar 21, 2019
1861
Law provisions regarding the delay in property handover


1
Q: If anyone can please assist, I heard about a commercial/construction law that if a developer is late by 1 year from date of handover agreed in the contract, then the purchaser has the right to terminate the contract and be refunded for any payments paid to the developer.
Does anyone know what is the clause of this regulation?
Many thanks



Nov 19, 2019
515
Payment recovery for delay in the delivery of purchased property



0
Q: Hi,
I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks




Nov 10, 2019
382
The possibility of delaying the delivery of an off-plan property for a year



0
Q: Does Dubai law have any regulation concerning the off-plan delay for one year?
Can I cancel the contract?




Mar 8, 2020
591
Claiming compensation from developer for delay in handover

0
Q: I have purchased a property off-plan, which was due to complete Sept 2020, however, the project has been delayed and not even reached 10% completion.
And now with the COVID-19 situation, the developer has decided to prioritize other projects and informed me the unit I purchased will be delayed as a minimum for 2 years.
But to make good by me, they are offering me a unit in the sister development for the same price, which is one of the projects they are prioritizing to complete.
But they are only offering it to me at the same square foot price as the other unit, and this unit is slightly smaller too.
Also, this project is anticipated to complete q3 2021, which is 18 months later than what signed up for with the first unit.
I want to understand what compensation I can claim as I feel they are not offering to be adequate compensation for the delay and nor doing be a deal on this unit.
Please advise. Just to highlight the delays to the first project were before this COVID-19 issue.


Apr 21, 2020
572
إنهاء اتفاقية مع مطور والمطالبة بالتعويض بسبب تأخُّر التسليم

1
س: السلام عليكم ورحمة الله،
اشتريت وحدة عقارية من شركة عقارية. التسليم كان يُفترَض أن يكون في مارس 2020، ولكن إلى الآن الإنجاز في المشروع أقل من %50.
ينص العقد على أحقية تأخير 12 شهرًا وقد تجاوزوها. يتعذر المطوِّر بظرف كورونا القاهر، علمًا بأن العقد ينص على التحكيم في المركز الدولي.
هل يمكنني تقديم طلب لإنهاء الاتفاقية؟ وهل عذر كورونا مقبول كظرف قاهر؟ وهل يمكنني المطالبة بتعويض عن التأخير؟


May 24, 2022
103
الاعتراض على خطاب دائرة دبي للأراضي بالإلغاء والمطالبة برد المبلغ
1
س: السلام عليكم،
مرحبًا!
لقد حجزت غرفة فندقية ذات ربح سنوي مع مطور. دفعت حوالي ٤٠٠ ألف درهم إماراتي. وقد ذكر في تفاصيل التسويق الخاصة بهم للمشروع تحت الإنشاء أن المشروع سيكون جاهزًا بحلول مايو ٢٠١٩ وقبل بداية الإكسبو.
لم يكتمل في 2019، ونسبة الإنجاز حاليًا 98% وفقًا لدائرة دبي للأراضي والأملاك. أوقفت سداد الأموال للمطور منذ 2019، واليوم يطالبنا المطور بسداد باقي المبلغ وهو ٦٠٠ ألف درهم.
تلقيت اليوم رسالة من دائرة دبي للأراضي والأملاك بشأن إلغاء اتفاقية الوحدة. الآن كيف يمكنني الاعتراض والحصول على المبلغ المدفوع؟
مع العلم بعدم قدرتي على سداد المبلغ المتبقي.
يُرجَى الإرشاد.
شكرًا لك!

May 30, 2022
136
Legal blog
1 available 1 • View allلمحة قانونية عن غرامة التأخير والفسخ في عقود المقاولة 0
عرف قانون المعاملات المدنية الإمارات في المادة 872 منه عقد المقاولة بأنه العقد الذي يتعهد فيه أحد طرفيه بأن يصنع شيئاً أو يؤدي عملاً لقاء بدل يتعهد به الطرف الآخر. وينقضي عقد المقاولة إما بانقضاء العمل المتفق عليه أو بالفسخ، وفي الحالة الأخيرة، يتم التعويض على الطرف المتضرر من الفسخ كما هم معمول به قانوناً وعرفاً.
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Laws & Regulations
3 available 3 • View allLaw 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
4831
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Apr 12, 2009
3125
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 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
5126

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