Real estate:
from title to handover

01

The right depends on the emirate, the area and the type of right

Dubai Land Department/RERA and Abu Dhabi Real Estate Center apply different local laws and registries. Free zones and special developments can add their own approvals, but the registered property right is determined by the competent land regime.

Dubai

DLD/RERA, freehold areas, Real Property Register and Interim Register

Abu Dhabi

ADREC/DMT, investment areas and updated Real Estate Sector Law

Other emirates

Own ownership and registration rules

Right

Freehold, usufruct, musataha, long lease or contractual right

Project

Completed, off-plan, land development or construction

02

Foreign ownership is checked using the areas map

In Dubai, foreigners can acquire freehold and other specified rights in designated areas. In Abu Dhabi, foreign individuals and legal entities can own and manage real rights in investment areas. The rules of Sharjah and other emirates are different.

Buyer

Individual, UAE company, free-zone company, foreign company or fund

Area

Is the site officially included in the permitted freehold/investment zone?

Right

Land + building, unit only, usufruct, musataha or lease

Use

Residential, commercial, industrial, hospitality or mixed

Structure

Direct ownership, SPV, foundation or fund - with UBO, tax and bank analysis

03

Title due diligence before deposit

Brokerage brochure and SPA do not replace official registry search. Ownership, plot/unit, boundaries, right type, mortgages, attachments, restrictions, service charges, leases and project status are checked.

04

Off-plan: checking the project up to unit

Developer, project, land and sale must be registered under the applicable regime. Payment plan is compared with construction milestones and project escrow. In Dubai, the buyer's rights are reflected in the Interim Real Estate Register/Oqood.

Developer

Registration, license, track record and authority to sell

Project

Official number, land, approvals, status and expected completion

Unit

Plan, area tolerance, specifications, parking and common areas

SPA

Completion, extension, variation, cancellation, refund and dispute forum

Payments

Only to verified project escrow according to the established schedule

05

Project escrow is not an ordinary developer account

In Dubai, each development project has a separate escrow account used for the project; funds from buyers and project finance are received according to established rules. In 2026, Abu Dhabi clarified the disbursement mechanisms, including a stage of up to 20% completion.

Verify

Project, escrow account, approved trustee and payment instructions

Deposit

Pay only in a way confirmed by regulator/project documents

Disbursement

By progress and regulatory controls, not free developer

Dubai retention

5% is retained for a specified period after completion for defects

Fraud control

Any change in bank details - independent verification via official channel

06

SPA, completion and handover

The Sale and Purchase Agreement defines unit, price, milestones, long-stop, variations, area adjustment, snagging, service charges and remedies. The developer's standard form still requires verification of mandatory local rules.

Completion

Objective certificate/event, notice and long-stop date

Delay

Extension events, developer evidence and buyer remedies

Variation

Permitted design/specification/area change and price adjustment

Handover

Inspection, snag list, keys, utilities and title registration

Post-handover

Defects, warranties, service charges and community rules

07

Commercial and residential rentals

Tenancy law and rent-dispute forum depend on the emirate and, sometimes, special zone. Permitted use, registration, rent review, service charges, fit-out, repair, assignment, sublease and early termination are checked.

Premises

Exact unit, condition, area, parking and common facilities

Use

License activity, planning, signage and authority approvals

Money

Rent, VAT, deposit, service charge, utilities and fit-out

Works

Landlord consent, permits, reinstatement and ownership of improvements

Exit

Notice, break option, handback condition and deposit return

08

Development begins with land and approvals

Before design and sales, land rights, master developer restrictions, zoning, density, access, utilities, environmental and traffic requirements are checked. Developer registration, project registration, escrow and marketing approvals form a separate workstream.

1. 01
   Land

   Title, use, encumbrances, access and development rights.

2. 02
   Planning

   Concept, master developer, authority NOCs and utilities.

3. 03
   Project

   Developer/project registration, permits, escrow and financing.

4. 04
   Sales

   Marketing approval, SPA, interim registration and buyer payments.

5. 05
   Completion

   Inspection, completion certificate, handover and final registration.

09

Construction contract and risk allocation

FIDIC-based form requires project-specific amendments. Scope, design responsibility, site conditions, program, variation, payment, delay, testing, insurance and dispute board must coincide with the procurement model and UAE mandatory rules.

Scope

Drawings, specifications, BOQ, exclusions and document priority

Design

Employer/contractor responsibility, review and fitness standard

Time

Baseline programme, access, extensions, notices and concurrency

Money

Lump sum/re-measurement, valuation, variations and escalation

Risk

Ground, permits, utilities, force majeure, change in law and insurance

10

Payment security and project controls

Advance payment, performance bond, retention, parent guarantee, insurance and direct agreements protect different risks. Pay-when-paid and back-to-back clauses are checked along with the actual chain and mandatory regulations.

Advance

Bond, permitted use and recovery schedule

Performance

Amount, expiry, reduction and call conditions

Interim payment

Application, certification, due date and disputed items

Retention

Cap, release at taking-over and defects completion

Records

Daily reports, progress, instructions, notices and cost evidence

11

Taking-over, defects and decennial liability

Contractual taking-over does not automatically terminate statutory responsibilities. Defects period, warranties, latent defects and mandatory decennial liability for serious structural failure are checked under the applicable civil law.

Tests

Commissioning, authority inspection and performance criteria

Taking-over

Certificate, outstanding works, risk and care of works

Defects

Notice, access, rectification and self-help

Final account

Claims, variations, release and final certificate

Mandatory liability

Designer/contractor exposure cannot be assessed solely by contract cap

12

Claims and property/construction disputes

Delay, variation, non-payment, defects and cancellation require contemporaneous evidence and compliance with notice. Forum can be local property committee/court, onshore court, DIFC/ADGM court or arbitration.

1. 01

   Ownership and registry status have been confirmed.

2. 02

   Project, developer, escrow and permits have been officially verified.

3. 03

   SPA/contract contains long-stop, variation, payment and remedies.

4. 04

   Progress, notices, defects and costs are documented in real time.

5. 05

   Forum and enforcement are selected taking into account the asset and participants.