Q: I purchased an off-plan property in 2017 in Dubai. Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019. Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020. Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay. Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident. Please advise

Q: Hi, I am seeking advice on property purchase. In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021. Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer. The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period. However, I have not received an email stating a force majeure, therefore, I did not issue a written notice. Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count. Can someone please guide me, whether I should file a case or not? Thank you!

Q: Dear, good day, The developer failed to hand over the project by Mar 2020 as per the SPA. Installments were paid on time, he is in dispute with his construction contractor. He wanted to change him since there was a fire at the construction site, however, the authorities granted permission to resume construction after the investigation is finished last year. The developer still to this date failing to terminate the defaulted old contractor and appoint a new construction contractor which is causing a delay. I have requested termination of SPA and claimed a refund but was declined. The project construction is still around 30% since more than 15 months where it should be 100% back in Mar-2020. There is a clause in SPA to grant 1 year and 90 days (remedy period), I have sent a written notice to claim a refund as per the contractual clause and time frame. Could you please advise what are the steps and chances to push the developer to refund full amounts? Should I start with RERA first? Thanks in advance.

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.

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.

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