Before you sign an off-plan sale and purchase agreement (SPA) in Dubai, check the project as well as the contract. Outside the contract, confirm that the developer and the project are registered with the Dubai Land Department (DLD), that the project has an escrow account, and that every payment you make will go into it. Inside the contract, read the completion date and grace period, how the payment plan is tied to construction, what happens if either side defaults, the handover and defects terms, service charges, the rules on reselling before completion and the dispute clause.

This checklist sets out each point and the rule behind it, so you know what to ask before you pay a booking deposit.

1. Check the Developer and the Project

A developer must be entered in the DLD's register of real estate developers and licensed before it can operate (Law No. 8 of 2007, Article 4). It cannot start a project or sell units off-plan before it has taken possession of the land and obtained the required approvals, and an off-plan sale in a project that has not been approved and registered with the DLD is void (Law No. 13 of 2008, Articles 4 and 10, and Executive Council Resolution No. 6 of 2010, Article 11).

You can check a project yourself in the DLD's Project Status Enquiry, also available in the Dubai REST app, which shows the project's status, the developer and the escrow account and bank. If you are buying through a broker, check the broker's licence and the advertisement permit through the DLD's licence and permit verification service; DLD advertising permits carry a QR code.

2. Pay Only Into the Project Escrow Account

Payments for off-plan units are made into an escrow account opened in the name of the project with an approved escrow agent (Law No. 8 of 2007, Article 7). The account is used only for building that project, and the developer's creditors cannot attach the money in it (Article 9). A broker who receives the price must pay it into the project escrow account rather than its own (Resolution No. 6 of 2010, Article 12). Make every payment to the escrow account named in the SPA, and keep the receipts.

For instalments linked to construction progress, the DLD's guidance says you are entitled to a letter from the project consultant approved by the DLD confirming the current percentage of completion before you pay.

3. Make Sure the Sale Is Registered in the Interim Register

Every sale of an off-plan unit, and any later resale or other disposition, must be entered in the DLD's Interim Real Property Register, and an unregistered sale is void (Law No. 13 of 2008, Article 3). In practice the developer registers the sale through the DLD's Oqood system and you receive an electronic certificate. Ask when that will happen, and if the developer delays, the DLD's guidance allows the buyer to apply to the DLD directly.

4. Know Who Pays the DLD Fee

The DLD fee for registering a property sale is 4% of the contract value (Executive Council Resolution No. 30 of 2013). Unless the parties agree otherwise, the law splits it equally between seller and buyer (Article 3), and the DLD's service pages show 2% for each. Check what your SPA says about the fee and include it in your budget.

5. Read These Clauses Closely

Completion date and grace period

Note the anticipated completion date, any grace period the developer has reserved, and what the contract says happens if the project is late. There is no automatic right to a refund because a project is behind schedule, so this clause decides your options. Our guide explains what happens when an off-plan project is delayed or cancelled.

Payment plan

Check the amount and trigger of each instalment, whether payments are tied to dates or to construction milestones, and any charges for late payment.

If you fall behind on payments

The developer cannot simply cancel. Under Law No. 13 of 2008, as amended by Law No. 19 of 2020, it must notify the DLD, which gives you 30 days' notice to pay and may try to mediate. What the developer can then keep depends on the project's certified percentage of completion: if more than 80% complete, it can keep the contract alive and claim the balance, ask the DLD to sell the unit at auction, or terminate and retain up to 40% of the unit's value; between 60% and 80%, it can terminate and retain up to 40%; below 60%, where work has started, it can terminate and retain up to 25%. Anything above that must be refunded within a year of termination, or within 60 days of a resale if sooner. These rules do not stop a buyer from going to court or arbitration.

Changes to the unit or the project

Compare the unit's area, layout and specifications in the SPA with the approved plans and marketing material, and look for clauses allowing the developer to change them within a tolerance. Keep copies of the brochure, floor plans and specification sheets you relied on.

Handover, snagging and defects

Read the handover procedure, the time you have to inspect the unit and report defects, and what happens if you refuse handover because of defects. In jointly owned buildings, the developer is liable for structural defects for 10 years and for defects in installations for one year (Law No. 6 of 2019, Article 40).

Service charges

Service charges in jointly owned property must be approved by RERA and are based on the area of your unit (Law No. 6 of 2019, Articles 25 and 27), and a unit cannot be sold while service charges are unpaid (Article 32). Ask for the current approved budget or the service charge index for the community.

Reselling before completion

An off-plan unit registered in the Interim Register can be resold or mortgaged before completion (Law No. 13 of 2008, Article 6). Developers may charge only the administrative fees approved by the DLD on a resale (Article 7), but your SPA may set conditions for an assignment, such as a minimum amount paid, so check that clause if you may sell early.

Dispute resolution

Check whether disputes go to the Dubai Courts or to arbitration, and whether any clause limits the developer's liability. An arbitration clause changes how and where a dispute is decided, so understand it before you sign.

Documents to Keep

• The signed SPA, the reservation or booking form and any addenda

• Receipts for every payment, showing the escrow account

• The Interim Register (Oqood) certificate

• Brochures, floor plans and specification sheets

• All correspondence and notices from the developer and the broker

When a Legal Review Helps

Developers may not agree to change their standard SPA, but a review before you sign tells you exactly what you are agreeing to on delays, defaults, defects and fees, and whether the project checks out. MAX Legal Consultancy reviews off-plan and resale contracts for buyers in Dubai and checks the project's registration and escrow position with the DLD. See our real estate lawyer in Dubai page, our guide on whether you need a lawyer to buy property in Dubai, or our developer dispute page if something has already gone wrong.

This checklist is general information about buying off-plan property in Dubai, based on the legislation and DLD guidance in force when it was written. It is not legal advice for your specific situation. Official English translations of Dubai legislation state that the Arabic text prevails in case of conflict.