When Can You Sell an Off-plan Project in Dubai

Investing in off-plan properties in Dubai can be highly rewarding, but understanding when to sell an off-plan property in Dubai is critical to ensuring compliance with legal requirements and avoiding potential issues. Selling too early – when the owner is legally not allowed to sell – can lead to various legal issues. Some financial and legal requirements must be met before the owner is allowed to resell.

Dive in for a detailed overview of the best time to sell an off-plan property. 

When to sell an off-plan property

Selling an off-plan property in Dubai may differ from selling any other type of property. There are specific conditions set by developers and the authorities that must be met before resale is allowed. These conditions include the completion of specific payment milestones, obtaining the developer’s consent and ensuring that the property is registered with the relevant authorities.

Completion of Required Payment

One of the primary conditions for selling an off-plan property is meeting the developer’s payment requirements. Be sure to thoroughly review the contract before purchasing an off-plan property to check for a clause that prohibits resale before settlement.

In Dubai, the Dubai Land Department has initiated laws to prohibit investors from reselling an off-plan property without completing a set payment. Generally, the seller must have paid a minimum percentage of the total property value to be able to resell. This amount can range from 30% to 40% depending on the contract and the developer’s policy. This ensures that the seller has substantial equity in the property before it can be transferred to a new owner.

Acquire an NOC

Sellers need to get the developer’s consent for selling off-plan properties before full handover. This is usually done to ensure that the new seller can fulfil the developer’s contractual obligations, including payment schedules and property handover conditions. Failing to obtain the No Objection Certificate (NOC) could result in legal complications, as developers can block or delay the resale process. Sellers can also apply for an e-NOC in Dubai without having to go to the developer. This process requires a transfer fee.

Completion of Registration with Authorities

For reselling off-plan properties in Dubai, the property must be registered with the Dubai Land Department via the Oqood system. This government platform is used to manage the registration of off-plan properties in Dubai. The mandatory registration serves as proof of ownership, allowing the property to be legally transferred from one owner to another.

Owners can only sell the property after obtaining the Oqood certificate. In some cases, failure to register the property with DLD can lead to fines or penalties.

Adherence to RERA Regulations

RERA is responsible for overseeing all real estate transactions including the sale and resale of off-plan properties. This authority establishes the legal framework for off-plan transactions, protecting both the developers and the buyers. Sellers must ensure that all terms of the sale align with RERA’s rules, especially those related to payment milestones and contract transfers.

Penalties for Early Sale

There are no direct penalties for selling an off-plan property before completion as long as the seller complies with all legal and developer requirements. However, failing to meet the required conditions such as incomplete payments or missing developer consent can result in delays or penalties.

Transfer of Ownership

Once all conditions are met, the seller can initiate the transfer of ownership through the Dubai Land Department. The transfer process typically involves the payment of a registration fee and the issuance of a new Oqood certificate in the new buyer’s name.

FAQs

What Happens if My Off-Plan Property is not Registered with the DLD?

An off-plan property that is not registered with the Dubai Land Department via the Oqood system cannot be sold. Failure to register the property may result in fines and the inability to transfer ownership.

What Percentage of the Property Must be Paid Before I Can Sell it?

Typically, the seller needs to pay between 30% and 40% of the property value before they are allowed to resell an off-plan property. However, this percentage may vary depending on the contract and the developer.

Are there any Penalties for Selling an Off-Plan property too Soon?

There are no specific penalties for selling off-plan before completion, provided that the seller complies with all legal requirements. However, failing to meet these conditions may result in delays or financial penalties.

Knowing when to sell an off-plan property in Dubai is key to maximising returns while also ensuring compliance with local laws. These were all the requirements one must fulfil to be able to sell an off-plan property without any legal complications. The seller must also consult with a legal expert or real estate advisor to make an informed decision. Follow these steps to sell an off-plan property in Dubai for a seamless process.

If you are looking for investment opportunities, check out these new residential projects in Dubai and expand your investment portfolio. You can also go through these off-plan properties for sale in Dubai to find your future home.