Here is the current practice in off-plan sales across DLD/RERA projects. Developers write small change rights into the SPA, and they do use them. Tile brands change. Paint shades shift. These do not change value or layout. Bigger moves, like removing a balcony or shrinking rooms beyond a set tolerance, need your written consent. If the built area comes out smaller by more than 5%, you can push for a refund or even cancellation. If it comes out larger, the developer cannot bill you extra unless the SPA already allows it.
I work with these disputes weekly in Dubai. The same issues repeat: vague SPA clauses, late change notices, and surprise “area uplift” invoices at handover. Buyers who track drawings and payments from day one resolve faster and recover more.
Use this checklist before and after you sign:
- Read the “changes and variations” clause in the SPA. Circle anything that lets the developer alter layouts, areas, balconies, or MEP shafts. Ask for caps in percent and clear notice periods.
- Fix the “area tolerance” in writing. Keep it at 5% or less. State what happens if area is under-delivered.
- Lock finishes where they matter. Kitchens, bathrooms, and flooring drive value. Allow like-for-like swaps only.
- Make the consent rule explicit. Any layout change needs your written approval. Silence is not consent.
- Tie payments to verified drawings. Say that any claimed area increase must reflect in the next installment only after you countersign the revised area schedule.
- Keep a version trail. Save PDFs of all plans with dates. Stamp your initials on any agreed change.
- Check DLD/RERA project updates before handover. Confirm the registered plan matches your SPA attachments.
- Measure at snagging. Bring a laser measure and the latest GFA/NFA sheet. Record variances room by room.
- If area is smaller by more than 5%, send a written notice within days. Demand price adjustment or cancellation per the SPA and RERA rules.
- If the developer pushes a late “size increase” invoice, decline unless the SPA allows it and you signed a revised plan earlier in the schedule.
Common scenarios and quick answers:
- Can the developer change the floor plan after signing the SPA? Only for minor, cosmetic items stated in the SPA. Any real layout shift needs your written consent.
- The delivered unit is 3.8% smaller. What now? This sits within a 5% tolerance. You likely cannot claim a price cut, unless your SPA sets a lower cap.
- The unit is 7% smaller. What now? You can seek a refund on the shortfall or pursue termination. Start with a formal notice, then file at the DLD/RERA dispute center if talks fail.
- The developer wants 30% extra payment at handover for a “bigger unit”. Can they force it? No, not without a signed variation and SPA language allowing it. Pay your contracted balance only.
Case study
- A buyer of a 2-bed in a JVC project received a late corridor shift that shaved 6% off the net area. We issued a notice, cited the tolerance breach, and pressed for a price reduction. The developer agreed to a cash refund against the final installment.
- Another client faced a 25% balcony redesign that affected light and resale value. We refused consent and demanded the original plan. The developer restored the balcony to avoid a dispute filing.
Your aim is simple. Freeze what matters in the SPA, watch for notices, and measure at the end. If the change harms space or function, act fast and in writing.
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.
Call Lawyers at +971506531334 +971558018669
https://www.lawyersuae.com
