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Buying property in Dubai? Here is what you need to know
If there is a delay by your developer in handing over the apartment to you as agreed, you may initially file a complaint against the developer before approaching a court
- PUBLISHED: Sun 25 Jan 2026, 10:14 AM
- By:
- Ashish Mehta
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Question: I plan to invest in an off-plan property in Dubai. What kind of legal protection do I have in case of delays/non-delivery?
Answer: In Dubai, a purchaser and a developer (seller) enter into a Sale Purchase Agreement (SPA) pertaining to a property which is sold on an off-plan basis.
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An SPA will include, but not be limited to, clauses pertaining to property details, purchase price, payment schedule completion date, compensation for breaches, force majeure terms and governing law and jurisdiction.
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The relationship between the purchaser and a developer (seller) is governed in accordance with the agreed terms and conditions stated in an SPA.
An SPA will be implemented in accordance with the clauses mentioned in it in good faith.
This is in accordance with Article 246 (1) of the Federal Law No. (5) of 1985 on the Civil Transactions Law of the UAE, which states, “1. The contract shall be implemented according to the provisions contained therein and in a manner consistent with the requirements of good faith.”
Furthermore, in the event of breach of any of the clauses in an SPA, any party may be entitled to compensation as mentioned in the SPA or as decided by a judge in a court which has jurisdiction in Dubai.
This is in accordance with Article 295 of the UAE Civil Transactions Law, which states, “Damages will consist of a money payment. Upon request of the victim, however, the judge may, in accordance with the circumstances, order that the damage be made good by restoring the parties to their original status, or by performing, in compensation, a specific matter connected with the prejudicial act.”
Additionally, if there is any dispute with a seller (developer), a purchaser may approach the Dubai Land Department (DLD) to settle the matter amicably.
This is in accordance with Article 14 of the Executive Council Resolution No. 6 of 2010 Approving the Implementing Bylaw of Law No. 13 of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai, which states, “Where there is any dispute between a developer and a purchaser, the DLD may undertake conciliatory efforts to preserve their contractual relationship and may propose any solutions it deems appropriate to achieve this objective. Where the developer and the purchaser reach an amicable settlement, that settlement shall be documented in a written agreement executed by the developer and the purchaser or their respective representatives. Upon approval of that agreement by the DLD, it shall become binding on both parties.”
Furthermore, based on the complaint made by a purchaser, if the DLD is satisfied that the developer (seller) has committed breaches of an SPA, it may prepare and report and may refer the same to competent authorities for further actions or decisions.
This is in accordance with Article 13 of Law No. 13 of 2008 regulating the Interim Real Property Register in the Emirate of Dubai, which states, “Where it is established to the satisfaction of the DLD that the developer or broker has committed any act or omission in violation of the provisions of this law, or any other legislation in force, the Director General of the DLD must prepare a report on the same and refer the case to the competent entities for investigation.”
However, a developer (seller) may have the right to state before a competent authority or a court that it was not able to fulfil obligations mentioned in an SPA related to the handover of property due to force majeure. This is in accordance with Article 21 of Executive Council Resolution No. 6 of 2010.
Based on the aforementioned provisions of law, if there is a delay by your developer (seller) in handing over the apartment to you as agreed by the developer (seller), you may initially approach the DLD and file a complaint against the developer (seller) before approaching a court.
Alternatively, you may directly approach a court which has jurisdiction in Dubai to file a civil case against the developer (seller) seeking compensation for the delay in handover of the apartment to you.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
