A manageable monthly instalment can hide a substantial handover payment. A furnished show apartment can leave unanswered questions about what your home includes. A brochure completion date can differ from the delivery provisions in the contract.
These are the details to resolve before signing a Dubai off-plan Sale and Purchase Agreement, or SPA. The SPA records the property, price and obligations agreed between buyer and seller. Reading it alongside its schedules helps you understand what you are buying, when you must pay and what happens if circumstances change.
Start with nine checks: the parties and registration, payments, completion, specifications and area, resale, default, handover costs, warranties and dispute procedures. This guide explains the questions to ask before committing.
Updated: 22 October 2026. This guide focuses on off-plan developer purchases; an individual contract may require advice from a UAE property lawyer.
SPA, Booking Form and Oqood: What Is the Difference?
Keep the purchase documents together, but recognise their different roles.
| Document | What to examine |
|---|---|
| Booking or reservation agreement | Reserved unit, initial payment, deadlines, refund conditions and obligations accepted at reservation |
| Developer SPA and schedules | Detailed purchase terms, specifications, payment obligations, delivery provisions and remedies |
| Oqood registration evidence | Details of the off-plan transaction recorded in DLD’s Interim Property Register |
Dubai Law No. 13 of 2008 requires off-plan dispositions to be registered in the Interim Property Register. Signing the SPA and obtaining registration evidence are distinct steps. Ask who handles registration, when it will be submitted and how you will receive confirmation.
A completed-property purchase follows a different registration context. Our Dubai title deed guide provides background on the ownership document.
Request the draft SPA before paying a reservation amount where possible. If it is unavailable, establish what you are accepting at booking and what happens if the later contract contains unexpected terms.
1. Confirm the Seller, Property and Payment Destination
Match the legal seller’s name to the project documents. Check the purchaser’s details, ownership shares if buying jointly, project reference, unit number, floor and property description. A familiar marketing brand should not replace identification of the contracting entity.
For an off-plan development, verify project registration and escrow details through official DLD channels. Law No. 8 of 2007 provides for project-specific escrow accounts and oversight of their administration. Escrow is an important protection, but should not be treated as a promise that construction or refunds will occur on your preferred timetable.
Separate instalments toward the purchase price from registration fees and other transaction costs. Obtain the purpose, payee and supporting invoice for each payment. Independently confirm any changed bank instructions before transferring money, and retain receipts with your purchase documents.
2. Turn the Payment Plan Into a Full Cash Calendar
A headline ratio describes the broad split of payments. It does not explain every due date, lump sum or condition.
Read each payment row and identify:
- Whether it falls due on a date, construction milestone or another event.
- Who confirms a milestone and what evidence is provided.
- Additional instalments alongside advertised monthly payments.
- The balance due at completion and the notice allowed.
- Late-payment provisions and any post-handover obligations.
A simple affordability example
For a hypothetical AED 2 million property with 60% payable before handover and 40% at handover:
| Payment stage | Amount |
|---|---|
| Before handover | AED 1,200,000 |
| At handover | AED 800,000 |
| Other acquisition and setup costs | Budget separately |
The AED 800,000 balance needs a funding plan from the beginning. If relying on finance, discuss eligibility, valuation, timing and a possible funding shortfall with a lender. Check whether the purchase contract provides any protection if financing is unavailable.
Our guide to Danube’s 1% monthly payment proposition explains why a monthly percentage should be read alongside the full schedule.
Keep a cash reserve beyond contractual payments. The Rule of 3 in real estate guide provides a framework for considering affordability and reserves.
3. Read the Completion Date With Its Extension Clauses
Find the anticipated completion date, then examine the conditions permitting it to change. Do not assume a standard six- or twelve-month extension applies to every purchase.
Ask what grounds allow an extension, whether notice is required, how long an extension may last and whether there is an ultimate contractual deadline. Read force-majeure wording alongside these provisions.
Also establish what “completion” means in the SPA. Distinguish building certification, readiness for possession, utility arrangements and delivery of community amenities. Your apartment and a promised park may have different delivery provisions.
For a family planning a move, model the cost of keeping existing accommodation longer. For an investor, avoid assuming rent starts on the brochure date.
If delivery is delayed, assess the contract, notices and available remedies before taking action. Do not assume that a delay automatically permits you to stop instalments or cancel without consequences.
4. Check Specifications, Plans and Area Adjustments
Put important promises into the documents
Review the attached floor plan and specification schedule for layout, parking, storage, outdoor space, appliances and furniture. Identify the documents supporting any advertised view or orientation, and distinguish these from expectations about surrounding development.
Read the substitution clause: what may change, what quality standard applies and how material changes are addressed. Ask the developer to resolve inconsistencies through authorised written amendments. Keep the marketing materials and correspondence too.
Understand the area clause before calculating a refund or extra payment
Article 13 of Executive Council Resolution No. 6 of 2010 addresses area differences. It provides for compensation where the shortfall exceeds 5%, with calculation linked to the agreed price. Extra area is not chargeable under its default rule unless otherwise agreed.
Check the contractual measurement basis, threshold and calculation method. Do not assume a compensation threshold automatically means only the excess beyond that threshold is compensated.
For illustration, an additional 40 square feet at an assumed AED 2,000 per square foot equals AED 80,000. That arithmetic does not establish that the amount is payable. The clause must determine whether any extra area is chargeable and whether the calculation covers all additional space or only an amount above a threshold.
5. Understand Resale and Assignment Conditions
If you may sell before completion, investigate the exit procedure before signing.
Request written clarification of any payment threshold, developer consent or NOC requirement, outstanding amounts, administrative charges and registration steps applicable to your transaction. Do not assume a percentage quoted for another development applies to yours.
Check whether an incoming buyer can continue the payment plan. A post-handover schedule may look attractive initially but require a separate review when ownership changes.
Ask for a worked settlement illustration showing what the seller receives, what the incoming buyer must pay and what remains payable to the developer. Make clear that this is a transaction-cost exercise, not a resale-price forecast.
An allowed resale is not the same as a guaranteed buyer. Your funding plan should remain workable if selling takes longer than expected.
6. Review Buyer Default and Developer Non-Performance
Read the late-payment terms, notice procedures and consequences of breach. Dubai’s statutory off-plan default framework must also be considered.
Article 11 of Law No. 13 of 2008, replaced by Law No. 19 of 2020, requires a DLD process including a 30-day notice before the specified developer remedies. Depending on construction progress and the remedy used, termination can permit retention of up to 25% or 40% of the contractual property value not simply that percentage of instalments paid. Above 80% completion, other statutory options also exist.
The replacement provision requires all payments to be refunded under the relevant framework where construction has not commenced for reasons beyond the developer’s control, without negligence or omission, or following a final reasoned RERA cancellation decision. These circumstances should not be confused with a buyer choosing to withdraw.
Give equal attention to developer non-performance. Identify the contractual remedies for missed obligations, notice requirements, any termination rights and refund provisions. Obtain advice before withholding payment, accepting a settlement or signing a cancellation document.
7. Establish Handover and Ownership Costs
Ask how inspection is arranged, how defects are recorded and what the acceptance document says. Check the process for outstanding work, repair access and follow-up. Consider an independent technical inspection where appropriate.
Prepare a separate handover budget covering the remaining purchase price, applicable registration costs, utility connections and deposits, cooling arrangements and initial ownership charges.
For service charges, establish the proposed start date, calculation basis and whether the quoted figure is an estimate or supported by an approved budget. Ask which costs are separate.
Our guide to checking Dubai service charges before buying explains how to compare budgets, invoices and cooling arrangements.
8. Check Warranty Scope and Start Dates
For jointly owned property, Article 40 of Dubai Law No. 6 of 2019 provides developer liability for structural defects for ten years from the project completion certificate and defective installations for one year from handover. If an owner refrains from taking possession, the one-year period starts from the completion certificate. Agreements contradicting the article are void. [5]
Keep these protections distinct from appliance warranties, maintenance responsibilities and contractual snagging arrangements. Request the defect-reporting contact, supporting warranty documents and an explanation of how repairs will be handled.
Save dated inspection records and written reports. A clearly documented issue is easier to follow up than an undocumented conversation at key collection.
9. Read Notices, Disputes and Document Precedence
Check the governing-law and dispute-resolution clauses, including the specified court or arbitration arrangements. If arbitration is included, have its institution, seat, language and likely practical implications explained.
Confirm which address and email receive formal notices, when delivery is treated as effective and how changes to your details must be notified.
Finally, establish which document prevails if the reservation agreement, SPA, payment schedule and addendum conflict. Ask which language version governs interpretation and ensure agreed amendments are properly incorporated and signed by authorised parties.
Guardians Prime’s Pre-Signature Checklist
Before committing, assemble a complete document pack and check that you can answer:
- What am I buying? Match the unit, layout, specifications and allocated facilities.
- Who am I contracting with? Confirm parties, purchaser details and signing authority.
- How is it registered and paid for? Verify project details, payment instructions and registration arrangements.
- Can I fund every stage? Include lump sums, fees and a reserve.
- What happens if delivery or my circumstances change? Review extensions, resale, default and remedies.
- What will ownership involve? Understand inspection, warranties, service charges and utilities.
Resolve unanswered questions in writing before signing. Retain the complete executed agreement, schedules, amendments, receipts and registration evidence together.
Frequently Asked Questions
Is an SPA the same as Oqood?
No. The SPA records the purchase terms; Oqood concerns registration of the off-plan transaction in DLD’s Interim Property Register. Check both the contract and registration evidence.
Can I negotiate a developer’s SPA?
Ask before committing. The developer may decline changes or require formal approval. If a change is agreed, ensure it appears in the executed documents rather than relying on an informal assurance.
Does every Dubai SPA allow a twelve-month handover extension?
Do not assume so. Read the actual extension grounds, conditions, notice provisions and available remedies. A brochure date alone does not answer these questions.
Can I resell an off-plan property before handover?
Check the transaction’s assignment and registration requirements, including applicable consents, payment conditions and fees. Confirm whether the payment plan continues for the incoming buyer.
Is my booking payment refundable if I change my mind?
Do not assume it is. Review the reservation terms, reason for withdrawal and applicable rules before paying. Ask for the refund conditions in writing.
Should a lawyer review my SPA?
Consider a UAE property lawyer where obligations are unclear, amendments are needed or the financial exposure is substantial. A broker can help clarify commercial details; legal interpretation requires appropriate expertise.
Review Your Purchase Documents With Guardians Prime
A useful review connects the home you want with the payments, delivery conditions and ownership responsibilities you can accept.
If you are comparing Dubai off-plan properties, Guardians Prime Real Estate can help you organise developer-issued information, compare payment schedules and identify questions to resolve before signing. Share the draft SPA, reservation form and project details so the discussion starts with the actual purchase documents.
