Key Considerations Before Signing an Off-Plan Apartment SPA in Dubai
The primary binding document for your purchase is the Sale and Purchase
Agreement (SPA), which is prepared by the developer. Before signing this critical document, you should review the following details thoroughly:
Spellings and Personal Details: Ensure your full name and contact information match your passport exactly to prevent administrative delays at the DLD.
Exact Apartment Specifications: Confirm that the specific unit number, floor, boundaries, layout, size, and assigned parking spaces correspond exactly to your reservation form.
Expected Handover and Grace Period: Check the expected completion date in the text. Standard Dubai SPAs contain a "grace period" of 6 to 12 months, which permits the developer to delay handover by this period without being in breach of contract.
Missed-Payment and Default Penalties: Stating clearly how many days of notice the developer must provide if you miss an installment, and the financial penalties that apply.
Finishes and Brochures: Marketing materials and brochures are not legally part of your agreement unless they are written directly into the SPA text or attached as an official signed schedule. Stated materials and community features must be written down.
Resale Conditions: Most developers require you to meet a minimum payment threshold—frequently 30% to 40% of the total apartment value—and secure a developer No Objection Certificate (NOC) before you can assign or sell the apartment to a new buyer before handover.
How do you finance a pre-sale apartment in Dubai?
Financing an off-plan apartment requires different rules compared to completed homes. During construction, you cannot get a standard bank mortgage to cover your regular installment payments; you must fund these initial stages using your own personal cash and liquidity.
If you plan to utilize bank financing for an off-plan apartment, several strict UAE Central Bank regulations apply:
The 50% LTV Limit: For off-plan purchases, the Loan-to-Value (LTV) ratio is strictly capped at 50% for both UAE nationals and expatriates. This means you must cover at least 50% of the apartment’s price using your own personal funds during construction.
Debt Burden Ratio (DBR): Your total monthly debt repayments (including your future mortgage payment) must not exceed 50% of your gross monthly income.
Income Caps and Tenor: The maximum mortgage amount is capped at up to 8 years of annual income for UAE nationals and up to 7 years for expats, with a maximum mortgage term of 25 years.
What are commitment fees?
When securing an off-plan apartment, several early commitment fees are required to lock in your purchase:
Booking Fee:
This is the deposit you pay to take a specific apartment unit off the market. This fee ranges from a flat AED 50,000 up to 20% of the apartment's price and is directly applied as a credit toward your total down payment.
Expression of Interest (EOI):
For highly anticipated launch events, developers often collect an EOI fee (typically around AED 100,000) to secure your spot in the buying queue. If you do not select an apartment or decide to back out before a unit is officially assigned to you, this EOI is fully refundable, taking about 2 to 3 weeks to process. If you do proceed, the EOI becomes non-refundable and counts toward your down payment.
Administrative Fees:
Developers charge an administrative fee of up to AED 5,000 to cover paperwork, contract drafting, and DLD Oqood processing.