Questions & Answers
Questions & Answers
7 available 7 • View allConsequences 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
1500
Claiming refund in off-plan properties for area variations
2
Q: I bought two off-plan apartments from a developer.
Later I found that the covered area given in the "Sale and Purchase Agreement" (SPA) is 20% more than the area calculated from design drawings provided by the developer.
The units are ready for handover now and the final area is as per drawings i.e. less than that given in the SPA.
The developer is adjusting the price for anything below 95% of the SPA area as the SPA allows 5% downward variation.
As per my understanding, the developer already knew that the area is less and they exaggerated the area in the SPA. They also made a false statement of the area in the SPA.
This should be a type of fraud or cheating. I have been writing this to the developer for the last two years but without any response.
I want the units to be cancelled with a refund of the full amount and necessary compensation.
Please advise the way forward.

May 27, 2019
1117
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
2546
I seek to cancel a purchased property and get refund for delay in handover
0
Q: Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards

Mar 9, 2022
356
Late fees and plot area discrepancy. What to do?
1
Q: Good evening,
I purchased my off-plan property in 2017 and paid only 5% of the total value. After 6 months, I informed the developer via email that I no longer wish to continue with the purchase.
However, on 16/2/2023, I received a notification from the Dubai Land Department stating that I must settle my outstanding payments within one month.
My question to you is whether I am eligible to pay any late penalty fees, considering that the developer failed to complete the project on time.
Additionally, on my SPA, the plot area was stated as 3509 sq. ft, but upon measuring it, I found that it was actually less than 2400 sq. ft.
At the time of purchase, they charged an extra 200,000 AED, and are now counting late payment penalties at a rate of 1.5% per month.
Given these circumstances, what should I do?
Can you guide me? Also, how can I contact you in person?
Waiting for your kind reply.
Thank you!

Mar 16, 2023
149
Oqood lists my villa as "Land" with no unit number. Is this normal or should I follow up?




1
Q: Hello,
I bought a villa from a real estate developer and signed the SPA about 1.5 months ago. I just received my Oqood certificate, but it lists the unit type as “Land” instead of a villa.
The plot number, municipality details, and area all match what’s in my SPA, but there is no unit number in the Oqood.
Is this normal, or should I follow up?
Thank you!





+3
Feb 27, 2025
57
Can 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
66
Laws & Regulations
2 available 2 • 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
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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View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
Apr 8, 2025
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
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I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
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I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
How can I follow the civil case there?
That's why my partner knows that I can not do anything and this case keeps running long time and in the end nothing happens. But I'm thinking that I will submit a complaint through my embassy and I also have a solicitor in the United Kingdom.
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Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
Dec 19, 2024
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View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
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What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
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Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
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If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
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Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
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View allHow to take a legal action after being scammed by an individual and a corrupt lawyer? 0
Hello,
We have been scammed by an individual who did not provide the stated service. They took a lot of money and important documents. I have audio recordings of him talking about these things.
We had a bad lawyer in Iraq who stole property by forging documents. This man said he had many connections to help us. While it was true that he had connections, he didn’t actually help us.
Instead, he cooperated with the bad lawyer, agreed with him, and gave the bad lawyer all our important documents.
Dec 24, 2024
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What is the difference between filing a criminal case or a financial case for business fraud? 0
Dear Lawyers,
What is the difference between filing a criminal case or a financial case for business fraud?
Can both be done through a lawyer?
Thank you!
Sep 24, 2024
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How to recover my money after my 2008 property purchase was canceled? 0
Hi,
I purchased a property in 2008 and have now discovered that it has been canceled. I have all the documents and payment records.
Can you please help me recover it? If not, how can I recover my money?
Thank you!
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Can I apply for a residence visa after availing the amnesty program? 0
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In case the person avails the amnesty facility and does not want to return to his home country, but wishes to stay in the UAE, can he apply for a residence visa?
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How can I recover my money with a hold on my account due to a remitting bank request? 0
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I have a hold on my bank account even though I have shared all the requested documents with the bank proving that the money belongs to me. However, they keep insisting that the remitting bank requested a recall.
Today, I received a notice of account closure from my bank. When I inquired about the amount on hold, I was informed that only the available balance will be issued via a manager's check.
The issue has been ongoing for almost 5 months now. Any advice on how to get my money back, please?
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