How to tackle a delayed property handover in Dubai
Are you facing a delay in property handover? While most developers ensure that the construction progresses according to plan, there can be unexpected lags in handovers. However, there are specific steps that buyers can take to deal with a delayed property handover in Dubai.
What you should do when dealing with property handover delays in Dubai
Keep reading to learn more about what you can do when there is a delay in the handover of your off-plan property in Dubai.
Make sure you have made the necessary payments
When dealing with handover delays in Dubai, the first step is to ensure that there are no payments or paperwork due from your side. Recheck if you have paid all the necessary fees due by the project’s handover date and submitted all the relevant documents.
Visit the project site
You can also visit the project site to see the physical status of the property and speak to the developer about the estimated completion date. Another option is to check the project status on the Dubai Land Department’s (DLD) website, which provides details of the current progress and completion date of all registered off-plan projects in Dubai.
Check if RERA has cancelled the project
Handover delays in Dubai might occur if the Real Estate Regulatory Authority (RERA) cancels the project. This could be due to several reasons, such as if the land is affected by planning or re-planning projects.
If this happens, the project will be transferred to the liquidation committee and then to the Dubai Real Estate Court, which will handle the settlement of rights and liquidation to purchasers in these cases.
You can find out if RERA has cancelled a real estate project on DLD’s website by checking its ‘Project Status’. This is an important step when dealing with delayed property handover.
Negotiate with the developer
If the project is not cancelled, the best course of action would be to negotiate with the developer and reach an amicable solution.
Another crucial step when facing handover delays in Dubai is to check your contract or Sale and Purchase Agreement (SPA). Your contract typically has a clause that mentions what should happen if the developer cannot meet the handover dates.
This will not only help you in your negotiations with the developer but will also help determine the legal route to pursue if you wish to do so.
File a case against the developer
You can file a compensation claim or seek contract termination if you fail to reach an amicable solution with the developer.
However, before you do so, remember that the developer is allowed a grace period of one year from the handover date mentioned in the Sale and Purchase Agreement. Following this grace period, you can pursue legal action against the developer.
To learn further about legal options for property handover delays, it’s best to seek the assistance of a good property lawyer and file a case at the Dubai Real Estate Court, which handles property disputes such as this. You can seek compensation for the delay in handover. However, this will depend on the clauses and conditions in your contract. You may claim compensation for the interest, deposit or any additional amount you have paid.
Alternatively, depending on your contract conditions, you can choose to seek termination of your contract with the developer on certain grounds and claim a recovery of the paid amount.
However, it’s best to keep legal methods as a last resort and attempt to first negotiate with the developer itself. If you can resolve the issue without legal action for the property handover delay in Dubai, that would be best for all parties involved.
How can you safeguard yourself from delayed property handovers
There are several steps that investors and buyers can take to limit the chances of delayed property project handover in Dubai.
- Research about the developer: If you plan to purchase off-plan property in Dubai, do your research beforehand. Learn more about the developer’s track record for completing projects and handovers as per schedule. Speaking with other investors and visit the project site for more information. Finally, make sure only to purchase off-plan property from reputed and reliable developers.
- Ensure the project is registered with RERA: Before investing in off-plan projects in Dubai, ensure that the project and developer are registered with RERA. You can find out if a real estate project has been registered with the proper authorities on DLD’s website.
- Find out the Escrow account details: As per Law (8) of 2007, all real estate developers must have an escrow account registered with DLD to sell off-plan units. All the payments made to the developer by investors must be deposited in the registered escrow account. You can also ensure the developer has an escrow account by visiting DLD’s website and searching for the project.
- Ensure that the developer has all the relevant permits: All developers must have the necessary permits and approvals from DLD to promote and sell off-plan properties.
- Check your contract for the necessary clauses before signing: As we’ve emphasised earlier, the clauses in your Sale and Purchase Agreement are crucial in protecting your interests and rights in such circumstances. Before you sign the contract, please read it carefully to ensure there are necessary provisions in place should there be a delayed property handover.
FAQS ABOUT DELAYED PROPERTY HANDOVER IN DUBAI
WHAT IS THE NEW LAWS FOR UNFINISHED AND CANCELLED PROJECTS IN DUBAI?
The government of Dubai had announced new rules regarding unfinished projects in the emirate. Read our guide to laws for unfinished and cancelled projects in Dubai to learn more.
WHAT ARE THE BENEFITS OF BUYING OFF-PLAN PROPERTIES IN DUBAI?
Wondering whether you should purchase off-plan property in Dubai? Find out all the benefits of investing in off-plan projects in Dubai.
SHOULD YOU BUY OR RENT IN THE UAE?
Is it worth investing in a property, or is renting the better choice? It all depends on your circumstances. Please read our guide on buying vs renting in the UAE to help you decide.
That concludes our guide to dealing with handover delays in Dubai. And as you can see, if you take the necessary precautions beforehand, you can significantly limit the chances of a delayed property handover. If you face an impossible situation, there is the option of taking legal Action For property handover delay in Dubai.
You can also look at the top off-plan properties by Emaar. The latest off-plan projects in Dubai may also offer some good choices.
Stay tuned to MyBayut to keep yourself updated on the latest off-plan projects in the UAE.
