Property
Buying off-plan in Dubai: the register entry without which the purchase is void, the approvals that must precede the sale, and where your money must go
Dubai protects an off-plan buyer with nullity rather than with compensation, which changes what you should be checking. A disposition of an off-plan unit is void unless it is entered in the Interim Property Register. A contract signed before the competent entities approved the project is void. A developer may not sell off-plan at all before taking possession of the land and obtaining those approvals. And the money does not pass through the broker: it goes to the project escrow account, and the commission cannot be deducted on the way.
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Contents
- An off-plan purchase in Dubai is void unless it is entered in the Interim Property Register
- A developer cannot sell off-plan before owning the land and holding the approvals
- A contract signed before the project was approved is void, and two instruments say so
- Your money goes to the escrow account, and the broker cannot take their commission on the way
- What the broker must have confirmed before marketing an off-plan project to you
- The advertisement itself is the first check, and it takes ten seconds
- What this page does not tell you, including one thing the market states as law
- Frequently asked questions about buying off-plan in Dubai
- More on buying in Dubai and the UAE
Most writing about buying off-plan in Dubai is about choosing a developer. The law is about something narrower and harder: whether the contract you signed exists.
The short answer: under Law No. 13 of 2008, article 3(1), any disposition of an off-plan unit must be entered in the Interim Property Register, and a sale or other disposition that transfers or restricts ownership «will be void unless entered in that Register». Article 4 bars a master developer or sub-developer from selling off-plan before taking possession of the land and obtaining the required approvals, with the Department designating the property as «under development». Article 10 makes a contract signed before that approval «null and void», and article 11 of Executive Council Resolution No. 6 of 2010 says the same of off-plan sales before approval and registration. Article 12 of that resolution bars the broker from holding the proceeds or deducting commission before the money is in the escrow account.
Four checks follow from those rules, and each has a document behind it. Every instrument is named with the date we read it; where the Department's own compilation does not publish a text, this page says so instead of filling the gap.
An off-plan purchase in Dubai is void unless it is entered in the Interim Property Register
This is the provision to understand before any other.
Law No. 13 of 2008, article 3(1): any disposition occurring in respect of a real property unit sold off-plan will be entered in the Interim Property Register, and any sale or other disposition that transfers or restricts ownership «will be void unless entered in that Register».
Read the consequence precisely. It is not that an unregistered purchase is risky, or unenforceable against third parties, or exposed if the developer fails. It is void — the disposition did not legally occur. Registration is not the administrative tail of the transaction; it is the thing that makes the transaction exist.
So the question to put, in writing, before paying anything beyond a reservation is: when will this sale be entered in the Interim Property Register, and what will I receive showing that it was. A developer or broker who treats that as paperwork to be done later is describing a period during which you have paid for something that, in law, has not been sold to you.
A developer cannot sell off-plan before owning the land and holding the approvals
Article 4 sets what must be true before a unit may be offered at all. A master developer or sub-developer may not sell off-plan:
- before «taking possession of the land on which the project will be implemented»; and
- before «obtaining the required approvals from the Competent Entities».
The same article requires the Department to designate the property as «under development».
That third element is the useful one, because it is a status held by the Department rather than a claim made by the seller. A project being marketed to you either has that designation or does not, and the Department is who knows.
A contract signed before the project was approved is void, and two instruments say so
Law No. 13 of 2008, article 10: no developer or broker may enter a private sale contract for off-plan units in unapproved projects, and any contract entered into before obtaining that approval «will be null and void».
Executive Council Resolution No. 6 of 2010, article 11: off-plan sales by a developer, sub-developer or broker before the project's approval and registration «will be null and void».
Two instruments, the same word, from different years. This is the rule that catches the early-access offer — the discount for committing before launch, the "pre-registration allocation", the friendly arrangement that gets you a better floor. Whatever it is called, a contract that precedes approval is not an early contract. It is not a contract.
Your money goes to the escrow account, and the broker cannot take their commission on the way
Executive Council Resolution No. 6 of 2010, article 12: the broker «may not deposit the sale proceeds in his own account or deduct his commission» before depositing them in the escrow account.
Both halves are separate prohibitions, and both are worth stating to a broker who proposes otherwise. The funds do not sit in the brokerage's account. And the commission is not netted off the payment — the money reaches escrow first.
The escrow regime itself sits in Law No. 8 of 2007 on escrow accounts of real estate development in Dubai. We have not read it: the Department's English legislation compilation cites it in the preamble of Law 13 of 2008 as one of the laws perused, and does not reproduce its operative provisions. So this page states the broker's prohibition, which we did read, and does not describe how the escrow account itself is operated, released or audited, which we did not.
What the broker must have confirmed before marketing an off-plan project to you
The Land Department's Real Estate Brokerage Practice Guide, second edition of November 2024, sets out what a brokerage must establish before it markets an off-plan project. Four things:
| The broker must confirm | Why it matters to you |
|---|---|
| the project is licensed and registered | otherwise articles 10 and 11 make the contract void |
| an escrow account exists | it is where your money must go |
| buyers deposit funds only into that escrow account | the alternative is prohibited by article 12 |
| the broker holds a marketing contract with the developer | article 9 of Law 13 of 2008 requires the developer to contract with a certified broker and to register that contract with the Department |
Those are not questions that embarrass a compliant broker. They are the four things the regulator already requires them to have checked, which makes asking for them a request to see work already done.
The advertisement itself is the first check, and it takes ten seconds
The same guide requires a brokerage to obtain a permit through the Trakheesi system for any real estate advertisement or marketing material, and states that «the permit number must be displayed on the ad». The formats covered include newspaper, SMS, outdoor and electronic advertising, and promotional activity such as open days and seminars.
An off-plan listing or launch invitation with no permit number is therefore outside the rules before you have spoken to anybody. For a purchase whose main legal risks are nullities, that is a reasonable place to stop.
What this page does not tell you, including one thing the market states as law
There is no provision on a percentage of construction completed in the text of Law 13 of 2008 that we read. Any claim that a developer must have built some share of a project before selling, or that a buyer is protected once a given percentage is reached, does not come from this law, and we are not going to repeat a figure whose source we have not seen. It may exist in an instrument we have not read — including Law No. 8 of 2007 — and if it is found it will be added here with its article.
We also do not describe the register's conditions for brokers, because Bylaw No. 85 of 2006 on the Real Estate Brokers Register is listed in the Department's compilation and its text is not reproduced there.
And nothing on this page is about Abu Dhabi, which is a separate emirate with its own regulator and its own instruments, which we have not read.
Frequently asked questions about buying off-plan in Dubai
Is an off-plan purchase in Dubai valid before it is registered?
No. Article 3(1) of Law No. 13 of 2008 provides that a sale or other disposition of an off-plan unit that transfers or restricts ownership is void unless entered in the Interim Property Register. Registration is what makes the disposition exist, not a formality that follows it.
Can a developer in Dubai sell off-plan before the project is approved?
No. Article 4 bars selling off-plan before the developer has taken possession of the land and obtained the required approvals from the competent entities, and requires the Department to designate the property as under development. Article 10 makes a contract signed before that approval null and void, and article 11 of Executive Council Resolution No. 6 of 2010 says the same.
Where should my off-plan payments go?
Into the project's escrow account. Article 12 of Executive Council Resolution No. 6 of 2010 bars the broker from depositing the proceeds into their own account and from deducting their commission before the money is in escrow. The escrow regime itself is in Law No. 8 of 2007, whose text we have not read, so this page does not describe how the account is released or audited.
What should I ask a broker before buying off-plan in Dubai?
The four confirmations the Land Department's brokerage guide already requires them to have made: that the project is licensed and registered, that an escrow account exists, that buyers deposit only into it, and that the broker holds a marketing contract with the developer. Article 9 of Law 13 of 2008 adds that the developer's contract with a certified broker must itself be registered with the Department.
Does a Dubai developer have to complete a percentage of construction before selling off-plan?
Not under Law No. 13 of 2008, in the text we read — it contains no such provision. The widely quoted percentages do not come from that law. They may come from an instrument we have not read, and this page will not restate a figure without its article.
How do I spot a non-compliant off-plan advert?
By the missing permit number. The Land Department's brokerage guide requires a permit through the Trakheesi system for any advertisement or marketing material and states that the permit number must be displayed on the advert, across newspaper, SMS, outdoor and electronic formats and at promotional events.
What happens to a developer or broker who breaks these rules?
Article 13 of Law No. 13 of 2008 provides that where the Department proves a breach of that law or other applicable legislation, the Director General prepares a report and refers the matter to the competent entities for investigation. Neither that law nor the guide names fine amounts, and we do not invent any.
More on buying in Dubai and the UAE
How to check the broker in front of you — the card, the advertising permit and the escrow sequencing — is in real estate brokers in Dubai. What the golden visa route requires and what changed in 2026 is in UAE golden visa rules. What living there costs is in living in the UAE. The instruments named here, with the date we read them, are on the sources page: the statutes at the DLD legislation compilation and the regulator's guide at the DLD brokerage practice guide.