Dubai - Property Size Increase Letter

[RiyazPatel]

Hi

I invested in a Dubai property in 2007. It has finally finished and a few days ago 3 April 2016 I received my handover documentation. Within that they included a size increase letter which stated my property size has increased by over 50% and I now need to pay them 463,000 AED within the new 2 weeks. I have never had any previous notification over the last 9 years to indicate there was a change to my Unit size versus what was contracted for in my SPA.

They are stating within my SPA clause 2.5 if the size has increased over 3% of the original size then the developer can charge me for the increase in size. I signed my contract in September 2007.

I have read that under Dubai Law 13 of 2008, article 12 it states a developer can no longer charge the investor for an increase in unit size. Is this correct? And does Dubai law supersede what I signed in my contract?

I also read somewhere that if the specifications of the building changed and I can only assume with a 50% size increase in my unit it must have then my contract is void.

I would appreciate any advice in this matter. My life savings have been held in this project for the last 10 years and since I cannot afford to pay anymore I would have to walk away and lose my investment of nearly 1,000,000 AED.

Thank you

 

[Nicholas Wallwork]

Hi @RiyazPatel

That's a very worrying story and I hope you can get it resolved.

I am not an expert in law especially in Dubai but I'd suggest trying to negotiate a payment plan with the developer for the balance now owed which with that clause it does seem they are right... Hopefully something you can afford. At the very least this might give you enough time to sell on the property and get your money back or retain ownership of a nicer, larger flat.

Alternatively ask the developer for a grace period to sell the property on. Hopefully they won't play hard ball! It will all come down to this next phase of your negotiation with them...

One thought - have you checked there isn't a buy back clause in your contract? They may buy it back from you at a reduced price as a fall back option.

Good luck and please keep us posted!