In Dubai, according to Article (40) (a) and (b) of Law No. (6) of 2019 regarding Ownership of Jointly Owned Real Property, developers are obligated to address any structural defects in jointly owned properties for 10 years post-completion, and minor defects for one year following the issuance of the building completion certificate.
Article (40)a specifies that developers are responsible for correcting any structural flaws in the property for a decade after receiving the completion certificate, in line with contractor agreement regulations outlined in Federal Law No. (5) of 1985. Article (40)b further stipulates that developers must fix or replace faulty installations, including mechanical, electrical, and sanitary systems, within a year from the unit handover to the owner. If the owner delays taking possession, the liability period starts from the date of the property project's completion certificate.
As you contemplate investing in an off-plan property, it's crucial to note that developers are legally bound to handle any necessary repairs, major or minor, within the timelines set by law. Additionally, it is prudent to execute a sale agreement with the developer that explicitly outlines the rights and responsibilities of both parties. This agreement can serve as a reference in resolving any future disputes.
Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates, is a legal practitioner in Dubai, the UK, and India. For more information about his firm, visit www.amalawyers.com. Questions can be emailed to news@khaleejtimes.com or sent to Legal View, Khaleej Times, PO Box 11243, Dubai.
