Q: I purchased an off-plan property studio in Mar' 2018 from a well-reputed builder in Dubai. The anticipated handover date was March' 2020. In Aug 2019, I received notice that there is a fire incident at the site. Same month Aug' 2019 I have cross-checked the project status on the Dubai Land Department website which shows only 23% of work has been completed. It was clearly understood that the project was running late & they were never in a position to complete on-time March' 2020 even if the fire incident would not have happened. In the month of handover Mar' 2020, we have received that due to force majeure the handover is delayed & the remaining monthly instalments are paused & will be taken on completion, paid 50% till now. As I understand from my contract, delivery can be pushed by up to 12 months, however, there is no mention of actual delay that can be taken on a note of force majeure. What are my options with the developer? My preference would be to terminate the contract and get my money back.

Q: Hi, I would like to raise my concern regarding my off-plan purchase of a 1-BR unit in Dubai. The handover should be last quarter of 2022 as per SPA, but the construction is still under 50%. Next month Sept. 2022, I will be paying my final downpayment to complete the 20%. Our original plan was to mortgage the property after paying the DP of 20%, however, it would be perhaps impossible to mortgage given the current status of the building. By Oct. 2022, I need to pay 40% (227k AED) and the remaining 40% on handover in Dec. 2022. My question is, do I have the right to terminate the contract based on the current status of the project? They called me to negotiate in their office in AUH to discuss with top management our options and the new handover date is the 3rd-4th quarter of next year (2023). My current situation is not so favorable (financially). My only option is to either mortgage the property or cancel the contract. Your advice is highly appreciated. Thank you! Regards,

Q: I have purchased an off-plan property from a Dubai based developer. The project is delayed and not yet completed and the DLD App is showing 85% progress. As per the SPA, handover date is Q2/2018. I've sent 2 delay notices already during the last years, to the developer as per the SPA. The developer verbally informed me that the Building Completion Certificate is planned in November and completion notices due on December 2020. This cannot be trusted as last year they informed the same. Further, the developer's agent is just saying now I can't terminate the SPA since the progress achieved is more than 85% - as per the UAE property Law. This is not in line with the SPA as per my understanding. 40% of the apartment amounts are paid timely and in full together with 4% DLD Fees. Balance 60% is due only at the handover. Currently, I want to terminate the SPA and obtain a full refund. Please advise legally how to take action on this requirement? Thank you and waiting to hear from you.

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.