Part IV — Off-Plan & Developers · Lesson 10Intermediate
The Interim Register (Oqood) & Off-Plan Buyer Protection
How an off-plan unit is registered before it exists — the Interim Property Register (Oqood), the rule that unregistered off-plan deals are void, the 30% cancellation cap, and area-variance protection.
An off-plan unit cannot go on the main Property Register — there is nothing built to register. So Dubai created a parallel record: the Interim Property Register, known in practice as Oqood. Law No. 13 of 2008 governs it, and it is the off-plan counterpart to everything you learned in Chapter 4.
The Interim Property Register is the record kept by DLD in which sale contracts, off-plan sales, and other off-plan dispositions are registered before the property is included in the main Property Register (Law No. 13 of 2008, Art. 2). The registration process is commonly called Oqood. When the project completes, the unit migrates to the main Property Register and a title deed is issued.
The golden rule, off-plan edition
Article 3: any disposition of an off-plan unit must be entered in the Interim Property Register — and any sale or disposition that transfers or restricts ownership is void unless entered in that register. This mirrors the main-register rule (Chapter 4): off-plan too, no registration = no valid transfer. Off-plan units already on the Interim Register can themselves be sold, mortgaged or otherwise disposed of (Art. 6) — this is the legal basis for legitimate off-plan resale (“flipping”).
Guardrails on the developer
The law hems the developer in at every step:
- No project without land and approvals (Art. 4): a master or sub-developer may not start a project or sell units off-plan before taking possession of the land and obtaining the required approvals. DLD marks the entry “under development.”
- Only approved projects (Art. 10): no developer or broker may enter an off-plan sale contract for a project not approved by the competent entities — any such contract is null and void.
- Use a certified broker, register the contract (Art. 9): to market through a broker, the developer must use a certified broker (Bylaw 85/2006) and register the brokerage contract with DLD (you saw this in Chapter 6).
- No hidden resale fees (Art. 7): developers may not charge fees on the sale/resale of units beyond the administrative costs DLD approves.
- Register completed units (Art. 8): on receiving the completion certificate, developers must enter completed projects — and the sold units in the purchasers’ names — in the main Property Register.
Two protections buyers rely on
Article 11: if a purchaser breaches the off-plan sale contract, the developer notifies DLD, which gives the purchaser 30 days’ notice to perform. If the purchaser still fails, the developer may cancel the contract and refund the purchaser after deducting up to 30% of the payments made. The developer cannot simply keep everything.
- Area variance (Art. 12): the sold unit’s stated area is deemed correct. If the delivered area is larger, the developer cannot charge more; if it is smaller, the developer must compensate the purchaser (unless the shortfall is inconsequential). The risk of measurement sits with the developer.
- Enforcement (Art. 13): if a developer or broker breaches the law, the Director General prepares a report and refers the matter for investigation.
Resale vs off-plan — the register map
| Stage | Which register | Governing law |
|---|---|---|
| Off-plan sale, project under construction | Interim Property Register (Oqood) | Law 13/2008 (+ escrow, Law 8/2007) |
| Project completed, title issued | Property Register, new title deed | Law 7/2006 |
| Later resale of the completed unit | Property Register (trustee transfer) | Law 7/2006 |
The broker’s off-plan checklist
Before you market or sell an off-plan unit, confirm: the developer is registered, the project is approved and marked under development, there is a RERA-accredited escrow account, your brokerage contract is registered, and any off-plan resale is entered in the Interim Register. Every one of these has a specific article behind it — and skipping any can render the deal void.
Off-plan headline facts: register is the Interim Property Register (Oqood); unregistered off-plan transfers are void; contracts on unapproved projects are null and void; purchaser default → developer may deduct up to 30%; area shortfall → developer compensates, surplus → no extra charge. Pair this with escrow (Ch 9) and you own Part IV. Next: tenancy and management.
Ready?
Test yourself on this chapter
Score 70%+ to mark it complete. Anything you miss goes into your Daily Review.