What if my Dubai property is smaller than the area in the contract?

A difference in advertised size does not by itself establish the compensation due. For a developer sale governed by Dubai's interim-registration rules, Article 13 of Executive Council Resolution No. 6 of 2010 requires compensation where the actual net-area shortfall exceeds 5%. The correct measurement and contractual baseline are essential.

Published by: Dr. Karamali BahramiProperty & rentalDubaiSources checked:
  1. Compare like with like: the net area in the sale agreement and its plan is the statutory baseline. A brochure's gross area, an internal room measurement and the registered net area may describe different things. Check how balconies and other spaces are treated.

  2. Under that rule, a shortfall of exactly 5% is not the same as one exceeding 5%; compensation is calculated by reference to the agreed price. Have the survey and calculation checked rather than assuming a percentage from an informal measurement.

  3. An area claim is not automatically a right to cancel the purchase. Material specification changes, misleading representations or other contractual rights need separate assessment. A resale or a property in a different legal regime should not be treated as identical to an off-plan developer transaction.

A practical next step

Obtain the signed contract, attached plan, registered area and an appropriate survey record. Raise the discrepancy in writing before signing a final settlement that may affect your claim.

Official sources

  • Executive Council Resolution No. 6 of 2010 — net area and compensation, Article 13

  • Know Your Rights — property purchase checks

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