Investing in an off-plan property in Dubai comes with the assurance that developers are responsible for addressing construction defects after handover. According to Dubai's Law No. (6) of 2019, developers must fix structural defects for up to ten years and minor defects for one year following the completion certificate.
This guide outlines the specific responsibilities of developers and the importance of a well-defined sale agreement to protect your investment.
Question: I am looking to invest in an off-plan property in Dubai. Once the handover is completed, is the developer responsible for the work done? If there are any construction faults like leaky roofs, will the developer be required to fix them?
Answer: In Dubai, developers have specific responsibilities for maintenance and defect repairs after property handover. According to Article (40) (a) and (b) of Law No. (6) of 2019 Concerning Ownership of Jointly Owned Real Property, developers are accountable for addressing structural defects for ten years from the date of obtaining the completion certificate. Additionally, they must fix minor defects for one year from the handover date.
Article (40):
a. Under the provisions governing contractor agreements as per Federal Law No. (5) of 1985, a developer is liable for ten years from the completion certificate date to remedy any structural defects in jointly owned real property.
b. For one year from the unit handover date, the developer is responsible for repairing or replacing defective installations, including mechanical, electrical, sanitary, and sewerage systems. If an owner delays taking possession of their unit, this liability period starts from the completion certificate date.
Given these legal provisions, as you consider buying an off-plan property for investment, the developer remains liable for necessary repairs, whether major or minor, for the specified periods after obtaining the completion certificate.
To ensure all rights and liabilities are clear, it is advisable to sign a sale agreement with the developer. This agreement should outline the responsibilities of both parties. In case of any future issues, the terms and conditions in the sale agreement will help resolve matters effectively.
News Source: Khaleej Times
