Check the contract before your next payment is due
Rules checked: 16 September 2026 | Reading time: about 7 minutes
Most buyers study the brochure, payment plan and handover date. Then they skim the document that actually controls the purchase: the Sale and Purchase Agreement, or SPA. That is the wrong order.
Quick answer: Before signing a Dubai off-plan SPA, confirm the exact unit, full payment dates, completion terms, specifications, default consequences, resale restrictions, payment destination and Oqood registration. Pause if an important promise exists only in marketing material.
This guide is not legal advice. Use a UAE property lawyer when the wording or risk justifies it.
What the SPA does-and what it does not do
The SPA is the contract between the buyer and developer. It should identify the parties and unit, record the price and payment schedule, and explain completion, handover, default, transfer and dispute terms.
It is not the same as a booking form, and it is not the same as Oqood.
| Document | Main job | Mistake to avoid |
|---|---|---|
| EOI or booking form | Records early interest or reserves a unit under stated terms | Assuming every payment is refundable |
| SPA | Sets the contractual sale terms | Relying on a brochure or WhatsApp promise that is absent from the contract |
| Oqood record | Registers the off-plan transaction in Dubai’s provisional register | Treating a payment receipt as registration |
If you are still before unit allocation, first understand the difference between an EOI, booking form, SPA and Oqood.
Dubai law requires legal dispositions involving off-plan units to be entered in the Interim Property Register. Dubai Land Department’s current initial-sale service also says the signed SPA must be registered in the provisional register within 90 days. Registration produces a provisional registration e-certificate. Law No. 13 of 2008 and the DLD initial-sale service set out these points.
The 10 checks that deserve your attention
| Check | Confirm in the contract pack |
|---|---|
| 1. Parties and unit | Buyer, developer entity, project, building, unit, floor or plot |
| 2. Price and charges | Total price, registration allocation and every stated fee |
| 3. Payment schedule | Dates, milestones, handover balance and post-handover amounts |
| 4. Completion and handover | Completion, extensions, longstop wording and possession conditions |
| 5. Plans and specifications | Net area, parking, finishes, view wording and variation rights |
| 6. Escrow and registration | Payment route, project details and Oqood obligation |
| 7. Buyer default | Late charges, notice procedure and developer remedies |
| 8. Developer non-performance | Delay, material change, cancellation and dispute provisions |
| 9. Assignment or resale | Minimum payment, NOC, transfer conditions and charges |
| 10. Notices and addenda | Official contacts, governing terms and signed amendments |
Make the reservation form, floor plan and SPA agree
Put the booking form, unit quotation, payment schedule, floor plan, specification schedule, SPA and appendices side by side. Check the buyer’s legal name, developer entity, project, unit, floor, net area, parking, price and instalment dates. If the view, furnishing, storage or finish influenced your decision, find it in the signed contract pack.
A salesperson’s message does not safely replace a missing contractual term. I would not sign simply because I was told, “This is our standard SPA.” Standard for the developer does not mean suitable for your cash flow or exit plan.
Turn the payment plan into a cash calendar
A 60/40 label is not enough. Work out the dirham amount and due date of every line.
For an AED 1.5 million unit on a genuine 60/40 plan, assume the 10% booking payment is included within the 60% due by handover:
| Cash item | Calculation | Amount |
|---|---|---|
| Booking payment | 10% × AED 1,500,000 | AED 150,000 |
| Further pre-handover payments | 50% × AED 1,500,000 | AED 750,000 |
| Handover balance | 40% × AED 1,500,000 | AED 600,000 |
| Official purchaser share of initial-sale fee | 2% × AED 1,500,000 | AED 30,000 |
The DLD service currently lists 2% for the purchaser and 2% for the seller, plus AED 10 Knowledge and AED 10 Innovation fees. Your commercial documents may allocate the seller’s share to you, or a developer promotion may cover part of the fee. If you are made responsible for the full 4%, the registration cash becomes AED 60,000, not AED 30,000.
That means the buyer’s known commitment in this example is at least AED 1,530,020 under the official 2% purchaser allocation, before any contract-specific administration, finance, utility, service-charge or moving costs. It becomes AED 1,560,020 if the buyer must fund the full 4%.
Every deal will not have the same extras. Calculate from the written documents rather than adding a vague buffer. Use the Dubai off-plan payment-plan guide to compare timing as well as percentages.
Separate completion, handover and the extension period
Separate the marketing date, contractual completion date, any permitted extension, the date offered for inspection or possession, and the final-registration date.
Do not assume Dubai law gives every developer a universal 12-month grace period. The official legislation and DLD material reviewed for this guide do not establish one blanket period for every SPA. If an extension exists, identify the exact clause, length, trigger and notice process.
Check what you must do at handover. Some agreements link it to full payment, signed forms, cleared charges or deemed notice. Keep the contract email and address current.
Check how much the unit and project may change
Look for clauses covering changes to the layout, net area, finishes, common areas, amenities, access, parking and project phasing. Broad phrases such as “equivalent quality” need context: who decides equivalence, and is the promised item shown in a binding schedule?
Dubai’s implementing bylaw says the developer must compensate the purchaser when the actual net area is more than 5% below the net area stated in the sale agreement and plan. It also allows a purchaser to seek court termination where the developer materially deviates from agreed specifications.
These are not automatic outcomes for every disagreement, so keep the signed plan and specification schedule. See Executive Council Resolution No. 6 of 2010.
Verify the project, escrow account and Oqood step
Before transferring money, search the registered project name through the DLD Project Status Enquiry. The service can show project, developer, completion and escrow information.
Dubai’s escrow law defines a project escrow account as the account into which off-plan purchaser payments are deposited. An escrow account controls project funds; it does not guarantee completion, rent or resale profit.
Read the payment instructions independently and do not send property money to an agent’s personal account. Law No. 8 of 2007 sets the escrow framework.
After signing, ask who submits the SPA, when, and what proof you will receive. The Oqood registration guide explains the follow-up.
Understand default before you plan an exit
Read the late-payment charge, notice method, cure period and remedies together.
Under the current Article 11, the developer reports a buyer’s contractual breach to DLD; DLD then serves a written 30-day notice and may help mediate a settlement. If the breach remains, available developer remedies depend partly on the official project-completion percentage. Law No. 19 of 2020 gives the current procedure.
Do not assume your maximum loss is the booking amount or that stopping payment cancels the purchase. If a problem has started, use the guide on missing a Dubai off-plan instalment and obtain case-specific advice.
The same caution applies to buyer’s remorse. I found no universal statutory 7-day or 14-day cooling-off right in the official Dubai sources reviewed for this article. Any cancellation or refund route depends on the signed documents, facts, applicable law and, where needed, a settlement or legal process.
If resale matters, read the assignment clause now
Law No. 13 of 2008 allows registered off-plan units to be disposed of by sale, mortgage or another legal disposition. That does not mean every buyer can resell at any time without conditions.
Your SPA may require a minimum amount paid, developer consent, an NOC, cleared dues, an approved buyer and administrative charges. Do not use an agent’s general “30%” or “40%” rule as if it applies to every project. Read the percentage and process in your own contract.
Off-plan may not suit you if you need a guaranteed exit, depend on resale to fund instalments, need an exact move-in date, or require an unapproved future mortgage.
Stop and clarify before signing if…
- Unit, area, price or payment dates differ across documents.
- A material promise appears only in marketing or messages.
- The payment beneficiary cannot be independently verified.
- Handover dates or variation rights remain unclear.
- Your resale plan conflicts with the assignment clause.
- You cannot fund a delay or slower resale.
A lawyer review is particularly sensible for a non-standard addendum, an active default or cancellation, a corporate or trust purchase, conflicting language versions, a major design change, or any clause you do not understand.
A broker can explain the commercial comparison; a lawyer advises on legal rights and remedies.
Final advice
A clean SPA does not make an overpriced unit a good purchase. You still need to compare the developer, exact unit, community, competing supply and payment pressure.
My rule is simple: if the investment case depends on a promise, that promise should be verifiable and written in the correct document. If the cash plan depends on a quick resale, the purchase is too fragile.
To compare current Dubai off-plan properties by unit, payment timing, developer and handover-not just the launch headline-request a focused shortlist before you reserve.
Frequently asked questions
Is an SPA the same as Oqood?
No. The SPA is the sale contract between buyer and developer. Oqood is the provisional registration of the off-plan transaction with DLD.
How long should Oqood registration take after signing?
DLD’s current initial-sale service says the SPA must be registered in the provisional register within 90 days from signing. Ask the developer for the issued e-certificate and follow up if it is not provided.
Is there a cooling-off period after signing a Dubai off-plan SPA?
Do not assume a universal 7-day or 14-day right. The official Dubai sources reviewed for this guide do not state a blanket cooling-off period for every off-plan SPA. Check your signed documents and obtain legal advice for a cancellation decision.
Can a developer delay handover by 12 months?
Only treat an extension as applicable when it is supported by the wording of your SPA and the facts. There is no universal 12-month DLD grace period applying automatically to every off-plan contract.
Can I sell an off-plan property before handover?
It may be possible, but registration status, the SPA, developer approval, minimum payment, NOC requirements, charges and buyer eligibility can all affect the transfer.
Can the developer change the unit size?
Some variation may be permitted by the contract. Under Executive Council Resolution No. 6 of 2010, compensation is due where the actual net area is more than 5% below the contractual net area. A specific dispute should be reviewed against the signed plan and SPA.
