Dubai is handing over more units than ever, and some projects are slipping. A missed brochure date is not automatically a breach, but some delays are a real warning. Here is how to tell the difference, what the law actually protects, and what to do next.
By Umer Shauket, Founder & CEO, Cresco Real Estate. RERA ORN 34288. Published 7 November 2026.
The short answer
- Your sale and purchase agreement, not the brochure, decides when a project is legally late.
- Your payments sit in a project escrow account that can only be used to build that project (Law No. 8 of 2007).
- If RERA cancels a project, or work never started, the developer must refund buyers through the escrow rules (Law No. 13 of 2008, Article 11).
- Stopping your own payments can trigger a default process that lets the developer keep up to 40% of the unit value.
Why delays are in the news
Dubai handed over about 38,000 new residential units in the first nine months of 2026, up 41% on a year earlier, according to Cavendish Maxwell data reported by Construction Week. The same data shows 24,400 units scheduled for the rest of 2026, but only 7,300 to 12,200 expected to actually complete, as Khaleej Times reported. The gap between scheduled and delivered is where delays live.
On 6 November, The National answered a reader asking when a delay becomes a red flag. The questions buyers ask are the same: is this normal, what are my rights, and should I keep paying?
Step one: read your agreement, not the brochure
The completion date that matters is the one in your sale and purchase agreement, together with any grace period and extension clause. A brochure date that has passed is not, on its own, a breach. Write down three things from your agreement: the anticipated completion date, the grace period, and what compensation or termination right it gives you if the date is missed.
Step two: check progress on official records
The Dubai Land Department’s Project Status Enquiry lets you look up a registered project and its status. Compare that with what the sales team tells you. If the official progress and the promised date cannot both be true, that is your first red flag.
What the law protects
Escrow. Under Law No. 8 of 2007, off plan payments must go into an escrow account in the project’s name (Article 7). The account is dedicated exclusively to building that project, and the developer’s creditors cannot seize it (Article 9). If a project is abandoned, the escrow agent, after consulting the Land Department, must ensure it is completed or depositors are refunded (Article 15).
Cancellation and refunds. Under Article 11(b) of Law No. 13 of 2008 as amended, where work has not started for reasons beyond the developer’s control, or a project is cancelled by a final reasoned decision of RERA, the developer must refund purchasers under the escrow law.
Your own payments. The same Article 11 sets out what happens if a buyer stops paying. The developer notifies the Land Department, which gives the buyer 30 days to pay and may mediate. After that, depending on how far the project has progressed, the developer can keep up to 40% of the unit value (projects above 60% complete) or up to 25% (below 60%). The buyer keeps the right to go to court or arbitration.
| Project completion | What the developer can do if the buyer defaults |
|---|---|
| Above 80% | Keep the contract and claim the balance, ask the DLD to auction the unit, or terminate and keep up to 40% |
| 60% to 80% | Terminate and keep up to 40% |
| Below 60%, work started | Terminate and keep up to 25% |
Red flags that deserve action
- Repeated vague answers such as “soon” with no written revised date.
- Official progress on the DLD service that has not moved for several months.
- Requests to pay into an account that is not the project escrow account.
- A revised date in an email that the developer will not put into a signed addendum.
What this means for a buyer
Imagine you are renting while you wait for an apartment that was due in June. Every month of delay costs you rent and keeps your capital locked. The value of knowing your rights is simple: it turns an open ended wait into a dated decision. Check the agreement, check the official status, keep paying into escrow unless a lawyer tells you otherwise, and ask for any new date in writing.
When you compare projects before buying, give weight to the developer’s delivery record and to how far construction has progressed. A slightly higher price on a project that is 70% built can be cheaper than a discount on one that has not started, once rent and time are counted.
For a live example of a published delay, see our page on Wynn Al Marjan Island.
The honest limits
This is general information, not legal advice. Contracts differ, and the outcome of any dispute depends on your agreement and the facts. If a delay is costing you money, take your agreement and payment records to a property lawyer.
Frequently asked questions
Is a Dubai off plan project late if it misses the brochure date?
Not necessarily. The completion date and any grace period in your sale and purchase agreement decide whether the developer is late under your contract. Check the agreement, not the brochure.
Can I get a refund if a Dubai off plan project is cancelled?
Under Article 11(b) of Law No. 13 of 2008 as amended, if a project is cancelled by a final reasoned decision of RERA, or work never started for reasons beyond the developer’s control, the developer must refund purchasers under Law No. 8 of 2007 on escrow accounts.
Should I stop paying instalments if the project is delayed?
Be careful. If a buyer stops paying, the law lets a developer start a default process through the Dubai Land Department and, depending on completion, keep up to 25% or 40% of the unit value. Take legal advice before withholding any payment.
Sources: Dubai Law No. 8 of 2007 on escrow accounts; Law No. 13 of 2008 as amended by Law No. 19 of 2020; Dubai Land Department, Project Status Enquiry; Construction Week, Cavendish Maxwell data, 2 November 2026; Khaleej Times, Cavendish Maxwell Q3 2026; The National, 6 November 2026.