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 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?

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%?

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

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.