Dubai Law No. 13 of 2008 · Dubai
Requires off-plan sales and other dispositions of real property to be recorded in an Interim Property Register before transfer to the main Register, voids unregistered transactions, and obliges developers to hold the land and obtain approvals before selling off-plan and to register completed units in purchasers' names; in force on Gazette publication.
Law No. (13) of 2008 created the Interim Property Register at the Dubai Land Department, the register behind what the market calls Oqood. Its rule is simple: a sale or any other disposition of a unit sold off-plan is void unless entered in that register, and the unit moves to the main Property Register only when the project is complete. The Ruler of Dubai issued it on 14 August 2008 and, under Article 15, it came into force on the day of its publication in the Official Gazette. It remains in force. Law No. (9) of 2009, issued 12 April 2009 and in force on publication, replaced Articles 2 and 11; the 2008 text on the Dubai Legislation portal is the original and does not consolidate that or any later amendment.
Article 3 is the registration rule: every disposition of a unit sold off-plan is entered in the Interim Property Register, and a sale or other disposition that transfers or restricts ownership is void unless so entered; developers who had sold before the law had 60 days to register. Article 4 bars a developer from starting a project or selling off-plan before it takes possession of the land and obtains the competent entities' approvals. Article 6 confirms that a registered off-plan unit can itself be sold, mortgaged or otherwise dealt with.
Article 8 requires developers to enter completed projects in the Property Register once the completion certificate issues and to register sold units in the names of purchasers who have met their obligations. Article 10 voids any private sale contract for off-plan units in a project the competent entities have not approved.
Article 11 governs purchaser default. As enacted in 2008, the developer notified the Department, the Department gave the purchaser 30 days' notice, and on continued default the developer could revoke the contract and refund the purchaser after deducting up to 30% of the payments made. The 2009 replacement kept the 30-day notice but tied the consequence to the project's progress: at 80% or more completion the developer may keep all payments and claim the balance; at 60% or more it may terminate and retain up to 40% of the contract value; where construction has started but is below 60%, up to 25%; and where construction has not started for reasons beyond its control, up to 30% of the payments made. Refunds are due within one year of termination or 60 days of resale, whichever is earlier, and the 2009 text applies to contracts made before it.
Article 12 deems the sold area correct: the developer cannot charge for an increase after delivery but must compensate a decrease unless it is inconsequential. Article 13 has the Director General report breaches to the competent entities for investigation, and Article 14 provides for implementing regulations, issued as Executive Council Resolution No. (6) of 2010.
Master developers and sub-developers selling units off-plan in Dubai, the purchasers and mortgagees of those units, real estate brokers marketing off-plan projects, and the Land Department as keeper of the Interim Property Register; dispositions of completed units are registered under Law No. (7) of 2006 instead.
English official text in 15 articles. Open the full text or jump to a provision:
| Article 3 | Every disposition of a unit sold off-plan must be entered in the Interim Property Register; a sale or other disposition that transfers or restricts ownership or ancillary rights is void unless entered, and pre-existing dispositions had to be registered within 60 days of the law. |
| Article 4 | No master or sub-developer may commence a project or sell units off-plan before taking possession of the land and obtaining the required approvals from the competent entities; the Department marks the land entry as under development. |
| Article 6 | Units sold off-plan and entered in the Interim Property Register may themselves be sold, mortgaged or otherwise disposed of. |
| Article 7 | Developers may not charge fees on the sale, resale or other disposition of completed or off-plan units except administrative costs approved by the Department. |
| Article 8 | On receiving the completion certificate the developer must enter the project in the Property Register and register sold units in the names of purchasers who have performed; the Department may do so on a purchaser's request or its own initiative. |
| Article 9 | A developer marketing through a broker must contract with a broker certified under Bylaw No. (85) of 2006 and register that contract with the Department. |
| Article 10 | No developer or broker may make a private sale contract for off-plan units in a project not approved by the competent entities; any such contract made before approval is null and void. |
| Article 11 | On purchaser default the Department gives 30 days' notice; as enacted the developer could then revoke and keep up to 30% of payments, and under the 2009 replacement the retention depends on completion: all payments at 80% or more, up to 40% of contract value at 60% or more, up to 25% below 60%, and up to 30% of payments where construction has not started. |
| Article 12 | The sold area is deemed correct; the developer may not claim more for an increase after delivery but must compensate the purchaser for a decrease unless it is inconsequential. |
| Article 13 | Where the Department finds a developer or broker in breach of this or any other law, the Director General prepares a report and refers the matter to the competent entities for investigation. |
| Article 15 | The law is published in the Official Gazette and comes into force on the day of publication. |
The law contains no fines of its own. Its sanctions are nullity and referral: an unregistered off-plan disposition is void (Article 3), a private sale in an unapproved project is void (Article 10), and breaches by developers or brokers are reported by the Director General to the competent entities for investigation (Article 13), where the criminal penalties of Law No. (8) of 2007 may apply. A defaulting purchaser loses the share of payments Article 11 allows the developer to retain.
Oqood registration is the first document we ask for when a client brings us an off-plan dispute, because Article 3 decides who holds what. A unit never registered in the interim register leaves the purchaser with a void disposition and a money claim rather than a property right, and a developer that sold before the land was in its possession or before project approval is caught by Articles 4 and 10. When a developer serves a cancellation, we check that the Department, not the developer, gave the 30-day notice Article 11 requires and that the retention claimed matches the project's certified completion stage under the 2009 text, and we claim the refund within the statutory period. For clients buying through a company or foundation we administer, we hold the Oqood certificate on file and press the developer under Article 8 to transfer title on completion.
| Amended by | Law No. 9 of 2009; Law No. 19 of 2017 |
| Cites | Dubai Real Property Registration Law · Dubai Escrow Accounts Law |
| Cited by | Dubai Jointly Owned Property Law · Interim Register Implementing Bylaw |
“Cites” and “Cited by” are built automatically from references in the full texts held in this library; they cover only instruments in the library.
Dubai Real Property Registration Law
Makes the Land Department the sole registrar of real property rights in Dubai and gives the Property Register conclusive effect absent fraud; Article 4 limits ownership t…
Dubai Escrow Accounts Law
Requires developers selling off-plan units to be registered and licensed and to deposit buyers' payments in a separate escrow account per project managed by an accredited…
Interim Register Implementing Bylaw
Implementing bylaw of the interim register law: off-plan sales made before project approval and Land Department registration are void, and a developer may terminate a def…
Dubai Freehold Areas Regulation
Designates, by plot number across 23 Dubai areas shown on Land Department maps, where non-UAE nationals may hold freehold ownership without time limit or usufruct and lea…
Dubai Jointly Owned Property Law
Governs ownership, management and maintenance of jointly owned buildings and plots: common areas and units, owners committees, service and usage charges, title documents,…
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