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Insights · AXD Real Estate Dubai

Construction Delay Off-Plan Dubai — Buyer Rights 2026

What can I do if my Dubai off-plan project is delayed?

After expiry of the 12-month grace period beyond the contractual handover date, the buyer may file a RERA complaint and demand withdrawal with refund from the escrow account. Payments are protected by UAE Federal Law 8/2007 (trust escrow) — in the event of project cancellation, pro-rata repayment follows under Dubai Decree 33/2020.

Escalation path — 4 steps

StepActionResponsible
1Written reminder with deadline (30 days) to developerBuyer / lawyer
2Complaint via DLD REST platform (rest.dubailand.gov.ae)RERA Real Estate Investment Department
3Mediation / Dispute Resolution (6–12 weeks)RERA
4Real Estate Court or arbitration (if mediation fails)Dubai Courts / DIAC

Three layers of protection for DACH buyers

Escrow account (UAE Law 8/2007): All buyer payments are held at a UAE bank; disbursement to the developer only against a construction progress certificate — see How escrow accounts in Dubai work.

RERA supervision: Every project is registered (Oqood registration), delay is documented in the DLD system — see Oqood — the provisional title before handover.

Project liquidation (Dubai Decree 33/2020): In the event of cancellation, RERA appoints a liquidator who repays escrow funds to buyers on a pro-rata basis.

Practical notes

A Power of Attorney issued in Dubai allows a local lawyer to conduct the RERA proceedings without travel.

Force majeure clauses are construed narrowly in Dubai — blanket references to "market conditions" or "supply difficulties" are not sufficient.

A project review before purchase (developer track record, escrow status, financial solidity) significantly reduces the risk of delay — see Due Diligence Checklist and Top 10 Developers 2026.

RERA fees for a complaint are moderate (AED 1,000–5,000 per proceeding), the mediation phase is free of charge.

Sources

UAE Federal Law No. 8 of 2007 — Real Estate Development Trust Accounts

Dubai Decree No. 33 of 2020 — Liquidation of Cancelled Real Estate Projects

Dubai Law No. 19 of 2017 — Real Estate Development Project Management

Dubai Land Department — REST Platform (rest.dubailand.gov.ae)

Dubai International Arbitration Centre (DIAC) — Real Estate Disputes Rules

Note: Specific contractual and procedural assessment is carried out by a lawyer licensed in Dubai. Contract and SPA clauses vary between developers.

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Ali Daioub