Real Estate Disputes · UAE-wide
Portfolio-scale service-charge enforcement, off-plan refunds, RDC litigation, decennial liability and developer disputes — partner-led from filing to enforced judgment.
Scope
Off-plan refund claims in Dubai are governed primarily by Dubai Law No. 13 of 2008 (as amended by Law 9 of 2009) and RERA's registered developer scheme. Where the developer is more than one year late on a registered project and the unit has not been completed, the purchaser may apply to RERA and ultimately to the Dubai Courts for contract cancellation and full refund — including amounts paid plus statutory compensation. The claim must be filed against the developer's escrow account through the DLD/RERA framework; for stalled projects, RERA has discretion to recommend developer substitution, completion by another developer, or dissolution. We act for both individual investors and JOPOAs pursuing portfolio-scale enforcement against developers, and we have specific experience with Law 13/2008 litigation before the Dubai courts.
Service-charge disputes in Dubai are resolved through a combination of RERA administrative enforcement, DLD arbitration, and onshore court proceedings. Where owners refuse to pay, the Owners Association (JOPOA) or management company can file for court-ordered payment plus enforcement — a properly managed service-charge file can typically be resolved to an enforceable judgment within 3–6 months. For JOPOA governance disputes (elections, budget approvals, special assessments), RERA's Owners Association Management department is the primary regulatory channel, with court oversight available on appeal. Our practice includes portfolio-scale enforcement for large owners associations managing hundreds of units, using batched court filings and enforcement to minimise per-unit cost.
Article 880 of the UAE Civil Code imposes a 10-year strict liability regime on engineers and contractors for structural defects in buildings — the defect need not have been foreseeable and the claimant need not prove fault. The liability period runs from delivery of the works, and claims must be filed within 3 years of the claimant becoming aware of the defect. Developers carry a parallel obligation to purchasers under RERA regulations and the SPA terms, and in many cases the developer can seek contribution from the contractor. Decennial claims typically require expert evidence (structural engineering and quantum reports), and we work with a panel of UAE-approved expert witnesses to build robust claims or defences.
The Rental Disputes Centre (RDC) is a specialist court within the Dubai Courts system with exclusive jurisdiction over Dubai tenancy disputes — evictions, rent-increase objections, maintenance obligations, security deposit recovery and lease-term disputes. Proceedings are typically faster than general civil courts: uncontested evictions can be resolved in 60–90 days; contested matters in 4–9 months. The RDC has its own enforcement mechanism and can issue writs of execution against defaulting tenants. Importantly, the RDC's jurisdiction covers Dubai Municipality-registered tenancies; DIFC and free-zone tenancies may fall under different regimes. We file with the RDC regularly and maintain familiarity with its registry requirements.
Yes — the main routes depend on the nature and age of the defect. Article 880 decennial liability covers structural defects for 10 years from completion. For non-structural defects (fit-out, MEP, finishes), the developer's contractual warranty (typically 1 year for fittings) applies, and breach-of-contract claims can be filed within the standard 15-year limitation period for commercial contracts. In addition, RERA's complaint process and the DLD's developer-compliance division can be engaged in parallel for non-structural defects affecting registered projects. Expert reports documenting the defect, its cause, and quantum of remediation cost are essential — we can instruct appropriate UAE-registered experts as part of the pre-claim preparation.
Last updated: 1 June 2026. General information only — not legal advice. Contact us for matter-specific advice.
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