Legal Insights

Can I claim compensation for a delayed property handover?

There are so many property handover delay cases in Dubai. And if you are a claimant, you have the right to get compensated for such delays. Getting disappointed on the day you expect to hold the keys to your new investment can be highly frustrating. Thankfully, there are procedures and courses of action you can follow to ensure that you handle such situations correctly.

Some such actions include:

Procedure and actions to handle property handover delay cases in Dubai

· Including a compensation clause in the contract.

The contract that you sign with your developer must include a compensation clause. The binding contract signed is the legal representation of the agreement. As such, the courts may not consider anything not included in this contract.

· Make payments on time.

According to the contract you are getting into with the developer, property handover should be done after the completion of payments as agreed. If you fail to make these payments, you cannot claim handover delay compensation. Making the payments as agreed removes you from any blame from the developer’s side.

· Confirm if the project has been cancelled

There are some instances where an investor buys land in an area included in the government’s planning map. RERA cancels such projects (Real Estate Regulatory Authority). And the compensation process is handed over to the Dubai Real Estate Courts by the liquidation committee.

· Site visits

You must regularly inspect the project’s state to assess whether the handover delay is due to incomplete work. If this is the case, you will want to speak with the developer for possible solutions.

· File a claim

If no solution works for you, it is the right time to forward the case to the Dubai Law Courts. At this time will also want to find a suitable property lawyer so that they can help you manage your case.

Eman Jad

Legal Counsel

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