Questions & Answers
Questions & Answers
6 available 6 • View allCompensation for property handover beyond the exact date


1
Q: I purchased a property that was to be delivered on 15th June 2020 as per the SPA. It was also stipulated in the SPA that the developer can delay the handover by up to 12 months (15th June 2021).
The developer has informed me that they will hand over the property on 15th September 2021; meaning they are in violation of the SPA. I asked for compensation for the 3 months but they have refused.
How can I proceed with it now? Do I need to file a civil suit?



May 26, 2021
425
A property bought in 2014 and has not been handed over yet. What to do?


1
Q: I purchased a property in 2014 and the developer has not handed over it yet.
What can we do?



May 9, 2021
381
What to do when the developer is late in delivery and asking for payments?


1
Q: I booked an apartment in a building under construction.
I paid as per the plan but the developer couldn't complete it in time for about 2 years and it remained under cancellation as per the DLD site.
Then they restarted construction and now they have completed 70% of the project and up till now more than 3 years late.
Now, they threaten to give them the remaining payment and we want to cancel the next payment due at the time of handover as per the agreement.
Please advise what should I do and what is my legal position



Sep 12, 2021
1234
Can you hold the payments to developer because of delay in the completion?

0
Q: I am being asked by a developer to pay the remaining 50% of the investment for an apartment by the 15th of Sept., even though the property is still not a full-on construction site (92% according to the developer).
The earliest the building completion certificate will be issued is 1st October. When is the absolute latest I can pay the handover money without being penalized for it and how do I communicate this with the developer.
How much money am I allowed to withhold for the snagging, de-snagging + in case of any handover delays... etc?
My finances are currently very tight and I cannot afford to pay the handover while I am still having to pay rent elsewhere.


Sep 12, 2021
591
Can I terminate the SPA for delay after the developer starts the handover?
3
Q: I purchased two units in an off-plan project in Dubai in October 2019. I paid 15% each of the total amounts. These properties have been registered in DLD and on my name by the developer.
This project has also been delayed for two years (completion quarter 2020). The aim of my purchase was because it is near Expo 2020, the developer promised me to finish the project before the Expo started and use the units as a hotel.
But Expo has gone while construction was not completed. The construction has been completed two months ago, but the handover is still ongoing now.
Now the developer is pressuring me to pay the balance, otherwise, they will inform the DLD and cancel the unit and forfeit my money.
The valuation of the two properties went down by 25%, and because of this, I can not sell with a huge loss. And I did not use them for Expo as well.
Can I terminate the units although 100% is completed now before the developer starts the termination process?

Apr 11, 2022
310
New developer wants to change payment terms. How to me to protect my rights?




3
Q: Dear Sir/Madam,
I bought a residential property for AED 7 million in Dubai from a developer in 2013 and registered the property in the same year. The project has been delayed and is still not complete.
The original developer sold/transferred the project to another developer in 2022. The project is now 60% complete as per the latest RERA inspection report.
The original payment terms in the Sales Purchase Agreement were a final balance payment of 40% to be payable on the handover of the property.
However, now the new developer has drafted a new Sales Purchase Agreement where he is demanding 90% to be paid in stages while construction is in progress, and only a balance of 10% to be payable on the handover of the property.
The RERA website states project completion by Dec 2025.
Please advise if the new developer has the legal right to change these payment terms.
What options are available to me to protect my investment and my rights?





+1
Apr 2, 2024
112
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
4849
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
3136
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
5146

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