Last updated: 30 October 2026
Buyers of off plan property in Dubai have a clear reminder from a September 2026 Court of Cassation ruling: an off-plan sale is void if the unit is not registered in the Interim Real Estate Register. The ruling applies Article 3(1) of Dubai Law No. 13 of 2008, which requires every sale or other disposition of an off-plan unit to be recorded in that register and makes an unrecorded sale void. In the case behind the ruling, the buyer recovered AED 2.58 million and was awarded AED 300,000 in compensation.
If your unit is not registered, or a developer is relying on an extension clause, Leaders Advocates’ Real Estate Lawyers in Dubai can review your documents and advise on your options.
Off plan property Dubai: what the ruling decided
The Court of Cassation confirmed that registration is a condition of validity, not a formality.
| Point | What applies | Source |
|---|---|---|
| The rule | Every disposition of an off-plan unit must be recorded in the Interim Real Estate Register | Dubai Law 13/2008, Art 3(1) |
| The consequence | A sale or other disposition that transfers or restricts ownership is void if it is not recorded | Art 3(1) |
| Scope of the register | It covers units under construction. Once a unit exists or is registered in the main register, Dubai Law 7/2006 applies | Court of Cassation General Assembly, Appeal 7/2021 |
| The case outcome | Refund of AED 2.58 million and AED 300,000 in compensation to the buyer | September 2026 ruling |
Why the 24-month extension argument did not help
The developer relied on a 24-month extension to argue that it still had time to perform.
- An extension of time concerns when the developer must complete the project or hand over the unit.
- The registration requirement concerns whether the sale exists in law at all. A sale that was never recorded in the register is void under Article 3(1), whatever the completion timetable says.
- A contractual clause cannot validate a sale the law declares void, so extra time to build did not cure the missing registration.
“An extension clause gives a developer more time to build, not more time to make an unregistered sale lawful,” said Faris Raian, Senior Legal Consultant in Dubai.
How to check whether your unit is registered
Every off-plan buyer should confirm registration with the Dubai Land Department.
- Ask the developer for the interim registration certificate for your unit, commonly known as the Oqood certificate.
- Check the certificate through the Dubai Land Department’s services, on its website or the Dubai REST app, using the contract number and year.
- Confirm that the buyer’s name, the unit number and the project match your sale and purchase agreement.
- Check that the project itself is registered with the Land Department.
- Keep copies of every payment receipt, and note whether payments went to the project’s escrow account.
If the developer cannot provide a certificate, or the details do not match, treat the sale as unprotected until the Land Department confirms the registration.
What to do if your unit is not registered
- Send the developer a written demand to register the sale, and keep proof of delivery.
- Raise the issue with the Dubai Land Department, which oversees off-plan registration.
- Take advice before you stop paying instalments, because the developer may start the default procedure under Article 11 of Law 13/2008, as amended by Law No. 19 of 2020.
- Consider a claim declaring the sale void and seeking the return of the amounts paid, with compensation for any proven harm, as the buyer obtained in this case.
- Do not resell or assign the unit until its registration is confirmed, because an unrecorded disposition is also void.
- Keep the sale and purchase agreement, the payment schedule and all correspondence, which a court will need to decide the claim.
“Buyers should check their Oqood registration as soon as they pay a deposit, because an unregistered sale gives them no title to rely on,” said Faris Raian, Senior Legal Consultant in Dubai.
Questions about the ruling and off plan property in Dubai
Is an unregistered off-plan sale valid in Dubai?
No. A sale or other disposition of an off-plan unit that is not recorded in the Interim Real Estate Register is void (Dubai Law 13/2008, Article 3(1)).
Can a developer rely on an extension clause if the sale was not registered?
Not to save the sale. An extension of time does not cure the missing registration that makes the sale void.
What did the buyer recover in this case?
A refund of AED 2.58 million and AED 300,000 in compensation.
How do I check if my off-plan unit is registered?
Ask the developer for the Oqood certificate and verify it through the Dubai Land Department’s website or the Dubai REST app.
What if my unit is registered but completed?
Once a unit exists or is registered in the main register, Dubai Law 7/2006 governs it instead (Court of Cassation General Assembly, Appeal 7/2021).
