Steps to handle a delayed handover of your off-plan property


It's a place buyers never want to be in, a 'Delayed Handover'! Your property has been signed, sealed but not handed over on time. However, the Dubai Land Department has enforced laws since the opening of freehold zones to assist investors who find themselves without a key on their date of handover.

Here are the steps and things you need to take care of: 
First, make sure you have paid all the necessary fees due by the handover date as well as all the paperwork that you were supposed to have received.

Go For a Visit to the site 

Find the actual date of completion. Contact the Dubai Land Department when upgrading a project and meet with the developer on-site to see the property's physical state.

Speak About A Solution to Your Developer 

Make sure to speak to your developer about what solutions they are providing. The available options differ not only among developers but also within individual projects, so find one that works for you.

File A Claim

If none of your developer's options are feasible or acceptable, please contact a good property lawyer and file a claim with First Instance Court of Dubai.

Track If It Is A RERA Cancelled Project

 In the case of construction officially cancelled by RERA, legislation for developers is in effect in Executive Council Resolution No. (6) of 2010 (as per Law No. (13) of 2008). As formalized in Decree No. (21) of 2013, cancelled projects are the responsibility of the specially formed judicial committees, the Real Estate Cancelled Projects Committees (part of Dubai Courts) which handle the settlement of rights and liquidation in these cases. If your project has not been officially cancelled yet, investors are encouraged to inquire by email with the Committee.

How to safeguard yourself prior to buying an off plan property: 

  • Choose a developer who provides post-handover payment or payment incentives against building milestones. 
  • Make sure the property is a DLD (Dubai Land Department) registered project, and is approved by RERA.
  • Confirm with the developer that they have registered the property through Oqood in the Interim Property Registry, a DLD service that facilitates the registration of off-plan properties with a view to controlling and protecting investor and buyer interests. 
  • In the end ... do your homework! Visit the web, check out the developer's previous ventures, speak to other investors, read forecasts and eventually work only with trustworthy developers and brokers.

  •  John   

    (0) (0)
    What if the delayed project is by emaar and it's a 2 year delay?

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