What’s actually allowed (and what isn’t)
Here’s the bottom line: developers in Dubai can tweak minor specs (think tile brand or paint shade) if your SPA allows it, but they can’t materially change size, layout, or core features without your approval. If they do, you have legal remedies that include compensation—or even cancelling the deal.
Why this keeps coming up in Dubai real estate
Off-plan projects move fast. Supply chains shift. Design teams iterate. So SPAs often include “minor variation” clauses to keep a project on track. But here’s the thing: those clauses don’t give developers a free pass to reduce your net area beyond a narrow tolerance or to redraw your floor plan in a way that changes how you’ll use the property. Dubai’s framework (including Executive Council Resolution No. (6) of 2010 and the Civil Transactions Law) draws a bright line between harmless adjustments and material changes.
How I look at disputes like this
When buyers call me about a surprise layout or area change, I start with the SPA + Oqood registration, then map the change against three buckets: (1) minor spec swap, (2) material spec/layout change, or (3) master plan shift. From there, the remedies—and leverage—become clear.
Your rights, in plain English
1) Minor spec changes are okay—within reason
- Developers can make immaterial tweaks (e.g., switch tile supplier, adjust color palette) if the SPA allows it and the unit’s use/value isn’t affected. You usually don’t need to sign off.
2) Size or layout changes are not okay without you
- Material changes to specs, layout, or net area need your consent. If a developer pushes through anyway, you can seek termination via the courts.
- A net area reduction over 5% triggers compensation or cancellation rights. Many SPAs mention small tolerances, but crossing that 5% line is where liability kicks in.
3) Big master plan shifts face extra scrutiny
- Removing promised amenities or increasing density? That’s a material project change. Developers need DLD/RERA approval and must notify buyers. You can challenge and pursue compensation or termination.
4) Oqood locks in what you bought
- Once your SPA is registered on Oqood, those specifications are effectively fixed. Post-registration changes require mutual consent or a legal/regulatory route.
5) Your remedy toolkit
- Contract termination or compensation for material deviations (including >5% area loss).
- Civil Transactions Law remedies if the change undermines the agreed purpose or increases your obligations.
- Regulatory complaints via DLD/RERA for master plan or compliance issues.
- Formal notice to the developer before litigation—this preserves your position and shows you acted reasonably.
What to do if your developer proposes a change
- Pull your SPA + drawings + finishes schedule. Highlight any “minor variation” clauses and area tolerance language.
- Measure the impact. Is it cosmetic (tiles/paint), functional (kitchen/bedroom re-layout), or quantitative (net area change)—and by how much? Screenshot plans before/after.
- Ask for written particulars. Get the exact delta (sqm and %), rationale, and timeline. Request confirmation whether DLD/RERA approvals are required/obtained.
- Reply with options.
- If minor, acknowledge and reserve rights if the spec falls below the agreed quality.
- If material or >5% reduction, reject in writing and propose compensation or cancellation per SPA/law.
- Escalate smartly. File with DLD/RERA for compliance issues or start formal notice under the Civil Transactions Law before court action.
Quick FAQ
Can a developer unilaterally change my unit’s size or layout after the SPA is signed?
No. Not without your consent. Changes beyond minor tolerances—especially >5% net area reduction—open the door to compensation or cancellation.
What if my price changes because of an area increase?
Developers sometimes try to adjust the price per SPA mechanics, but if they fail to notify you before handover or the change is material, you can challenge it via DLD/RERA or courts.
Are amenities part of my bargain?
If amenities/promises formed part of the sales pitch and master plan, removing them is material and challengeable—especially if no RERA approval or proper buyer notice happened.
Bottom line
You didn’t just buy square meters—you bought a specific layout and experience. Minor swaps are normal; material changes aren’t. If your plans or specs shift in a way that dents value, function, or area, push back—your SPA, Oqood registration, and Dubai regulations give you solid ground.
Disclaimer: This article is for general information only and does not constitute legal advice. The author assumes no responsibility or liability for actions taken based on its contents. For advice on your specific situation, consult a qualified lawyer.
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