Q: I purchased an off-plan property in Dubai, UAE. Later I found that the covered area in the Sale and Purchase Agreement (SPA) for the off-plan apartment is 25% more than the area calculated from design drawings provided by the developer. I followed this with the developer for more than a year but they have refused to discuss until handover. I bought two apartments in the same building and both have the same issue. Seems this is a widespread issue and the developer is deliberately charging 20%-25% more to buyers. I launched a complaint with DLD but they verbally asked me to go to the court. Is this a fraud? Where should I launch my complaint?

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.

Q: I have purchased a property developed by a developer. They told me verbally that the property is located in Downtown, and in the SPA they used the location Burj Khalifa community developed by another developer. As a first-time property buyer, I trusted them. Now, they are saying that the property is in Business Bay. How can Dubai laws support a customer for the disguised real estate marketing or cheating?

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.

Q: I have purchased a property that was due by the end of 2018. A few days ago I have received a notification that the property is ready for handover, however, during the "snagging" I could see that the building will take at least few more months to reach completion! Mashrooi states 92% completion only. I asked the developer for compensation for the delay - according to the contract, it should be 1% per quarter which should be 11-12% by now (3 years), however, he is saying he will do a maximum of 7%. In addition, the drawing of the unit in my contract differs from the actual studio. The outline is different and the size of the unit is 35 sq. m. vs. 50 sq. m as shown on the drawing. The developer points to another page where the 50 sq. m is stated as a gross area rather than a net area. However, if placed directly under the drawing of the studio, shouldn't this refer to the net area? With the difference in size as well as the 3 year+ delay, do I have a chance to ask for a refund of my 50% investment?

س: السلام عليكم، اشتريت عدد من الوحدات العقارية في سنة 2006 وقد تأخّر إنجاز المشروع حتى 2018. سجلت دعوى لفسخ العقود وصدر الحكم الابتدائي بفسخ العقود وتأييده بحكم الاستئناف ولكن تم نقض ورفض الدعوى كاملة في محكمة التمييز. لم يتبقَ خيار سوى استلام الوحدات من المطوِّر. بمراجعة مساحة الوحدات في عقود البيع سنة 2006 وبالمقارنة مع التسجيل المبدئي وجدت أن المساحة نقصت بمعدل 15% عن المساحات التي اشتريتها وسددت مبالغ شرائها. السؤال الأن: كيف يمكنني المطالبة بتلك المساحات أو فسخ العقود واسترجاع المبالغ لعيوب في مساحات الوحدات؟

س: السلام عليكم، اشتريت قطعة أرض وتم تسجيل صحة توقيع. عند الاستلام أعطاني قطعة أرض بجوار القطعة المذكورة في العقد مما ترتب عليه اختلاف في الحدود المذكورة. ما الإجراء الذي أقوم به؟

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.

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.

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