A lawyer for cancelled property project Dubai claims turns a cancellation notice into a claim before the right body. In most cases, that body is the Special Tribunal set up under Dubai Decree No. 33 of 2020.
When RERA cancels a project, the developer must refund all payments made by buyers (Law No. 13 of 2008, Article 11(b), as amended). The refund follows the escrow rules in Law No. 8 of 2007.
This page covers the legal steps. For how the refund itself is calculated, read can buyers get a refund if a project gets cancelled.
Cancelled, Delayed or Stalled: Pick the Right Route
| Project status | Usual route | Key law |
|---|---|---|
| Cancelled by a RERA decision | Claim before the Special Tribunal, refund from escrow | Law No. 13 of 2008, Article 11(b); Decree No. 33 of 2020 |
| Officially unfinished | Special Tribunal, which can reassign or liquidate the project | Decree No. 33 of 2020, Article 6 |
| Delayed but not cancelled | Claim under the SPA in court or arbitration, or a negotiated deal | The SPA and the Civil Transactions Law |
| Project inside the DIFC | Not covered by the Special Tribunal | Decree No. 33 of 2020, Article 4 |
| Buyer missed payments | Developer termination rules based on completion level | Law No. 13 of 2008, Article 11(a)(4) |
Lawyer for Cancelled Property Project Dubai: Step-by-Step Legal Process
- Confirm the status: check with RERA and the Dubai Land Department that the project is officially cancelled or unfinished. A developer’s email or a broker’s update is not enough.
- Build the payment file: collect every receipt and bank statement, and trace which payments reached the project escrow account.
- Check jurisdiction: under Article 10 of the decree, other courts, including the DIFC Courts, cannot hear these claims.
- File the claim: submit the claim to the Special Tribunal. Matters within its jurisdiction are exempt from judicial fees (Article 13).
- Audit and refund orders: the Tribunal can appoint auditors at the developer’s expense. It can order the escrow agent or the developer to refund amounts paid (Article 7).
- Final decision: the Tribunal’s decisions are final and not open to ordinary appeal (Article 11).
- Enforcement: the Execution Court of the Dubai Courts enforces the decision.
How Long Does It Take?
The decree sets no fixed timeline for a decision. Speed depends on the audit, the escrow balance and the number of buyers in the project.
Before the liquidation is complete, RERA can ask the Tribunal to pause it and consider completing the project instead (Article 9). A buyer should follow each stage closely so that no notice is missed.
Worried about a cancelled or stalled project? Send your SPA and payment proof to our lawyers on WhatsApp or through the Contact Us page.
Documents to Prepare
- Contract: the sale and purchase agreement and any addenda.
- Registration: Oqood or other Dubai Land Department records.
- Payments: bank statements and receipts for every instalment.
- Messages: emails and letters with the developer, including any settlement offer.
- Identity: passport copies and, for overseas buyers, a power of attorney.
Overseas Buyers and Powers of Attorney
Many off-plan buyers live abroad. A lawyer can act for them under a power of attorney, which usually needs notarisation, attestation and translation.
The power of attorney must be wide enough to file, attend, receive notices and negotiate. A narrow document can stall the claim.
Ekaterina Butseva, Legal Consultant at Leaders Advocates, says overseas buyers often lose time because notices reach them late. A complete payment file and a suitable power of attorney let the claim move at the same pace as local buyers.
Review Settlement Offers Carefully
Some developers offer a partial refund or a unit in another project. These offers can include a waiver of wider rights.
Compare the offer with the full refund you may recover through the Tribunal. Sign nothing until a lawyer has checked the waiver wording.
Frequently Asked Questions
Can I Sue the Developer in the Dubai Courts Instead?
Not for matters within the Special Tribunal’s jurisdiction. Article 10 of Decree No. 33 of 2020 stops other courts, including the DIFC Courts, from hearing them.
Can I Appeal the Special Tribunal’s Decision?
No ordinary appeal is available. Article 11 makes the Tribunal’s decisions final.
Do I Pay Court Fees for a Cancelled Project Claim?
No judicial fees apply to matters within the Tribunal’s jurisdiction (Article 13). Lawyer and translation costs are separate.
What if the Escrow Account Does Not Cover My Refund?
The Tribunal can order the developer to refund amounts paid to it directly. Recovery then depends on the developer’s assets.
Does the Special Tribunal Cover DIFC Projects?
No. Article 4 of the decree excludes projects within the DIFC.
Speak to a Real Estate Lawyer
Our real estate lawyers in Dubai and developer dispute lawyers act for buyers in cancelled and stalled projects. We also handle claims for buyers living outside the UAE through a RERA lawyer in Dubai.
Speak to our lawyers on WhatsApp or use the Contact Us page.
