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Deposits & cash · Explainer

Booking deposit refund from a Dubai developer: before and after the SPA

A booking deposit refund from a Dubai developer depends on whether an SPA was signed. Learn the escrow rules, Article 11 limits and the dispute route.

By HomeProof Research TeamUpdated 7 min readDubai law · every fact with a source

Short answer

  • A booking deposit refund from a Dubai developer turns on one question: was a Sales and Purchase Agreement (SPA) signed? Before an SPA, the reservation form's terms decide; after it, the SPA and Dubai law do.
  • In Dubai, off-plan buyer payments must go into the project's escrow account under Law No. 8 of 2007, and the DLD urges buyers not to pay outside escrow.
  • If a buyer walks away after signing, Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, caps what the developer can keep: up to 25% of the unit value below 60% whole-project completion, up to 40% from 60%.
  • If construction has not started for reasons outside the developer's control, or RERA cancels the project, all payments must be refunded.

When is a booking deposit refund from a Dubai developer possible?

A refund is most likely when the reservation terms promise one, when the project never starts for reasons outside the developer's control, or when RERA cancels the project. Outside those cases, what you recover depends on whether you signed an SPA and on the reason you are leaving.

A booking deposit (also called a reservation fee or booking amount) is the first money paid to hold a specific unit, often with a short reservation form and a deadline for signing the SPA.

Booking deposit: before vs after the SPA is signed
QuestionBefore the SPAAfter the SPA
What governs the refundReservation form or receiptSPA plus Dubai law
EscrowAsk in writing where the money wentOff-plan buyer payments go to project escrow
RegistrationNone yetDeveloper registers the SPA in the Interim Register within 90 days
If you walk awayDeveloper's reservation termsArticle 11 tiers: up to 25% or up to 40% of unit value
If the project never starts or is canceledDepends on termsFull refund of all payments

Reservation fee refund in Dubai before an SPA

Before an SPA exists, the reservation paperwork is the contract you have. Read it for three things: whether the fee is refundable, the deadline for signing the SPA, and what happens if the developer, not you, misses that deadline.

Dubai's escrow law, Law No. 8 of 2007, covers payments by off-plan purchasers; whether a reservation paid before any contract counts is not confirmed, so ask the developer to state in writing which account received it.

Under Article 10 of Law No. 13 of 2008, a contract signed before the project is approved by the competent entities "will be null and void."

What changes after the SPA is signed?

Once an SPA is signed and registered, the booking deposit becomes part of the price you have paid, and Dubai law sets the limits on what a developer may keep if the buyer defaults. These limits are public order rules; failing to follow them makes the developer's act null.

Under Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, the developer notifies the DLD of the default and the DLD gives the buyer 30 days to perform. If nothing changes, the DLD certifies the whole project's completion percentage, which sets the tier.

Maximum a Dubai developer may keep after terminating for buyer default

Values in % of unit value

0%
Work not started / RERA canceledFull refund required
25%
Below 60% complete
40%
60% to 80% complete
40%
Above 80% completeOne of three options
Source: Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020

Above 80%, the developer may instead keep the contract and claim the balance, or ask the DLD to auction the unit. Any excess due after termination must be refunded within one year of termination or 60 days of resale, whichever is earlier. Our explainer on the 25% and 40% tiers works through the numbers.

Example: on a hypothetical AED 1,000,000 unit in a project 50% complete overall, the cap would be AED 250,000 of the unit value.

Booking amount not refunded in Dubai: what can you check?

Start with the paperwork and the registry: whether the SPA was registered, whether the money reached escrow, and what the reservation form said.

Booking deposit check

If the registration fee was paid but nothing was registered, MIO Law Firm (June 2026) says a buyer may seek an order to register, a refund of the fee, damages or, where justified, cancellation; non-registration does not automatically rescind the contract. The DLD FAQ adds that the investor can apply to the DLD's Real Estate Registration Assurance section.

Some developers offer repayment in a form that adds risk of its own.

He offered to return my money in instalments paid in post-dated cheques…
a buyer whose project never started, writing to Gulf News · Gulf News, Nov 2018

Read any repayment schedule carefully and take advice before accepting it.

Where does a deposit refund dispute for off-plan in the UAE go?

In Dubai, an unresolved deposit refund goes first to an amicable settlement attempt and then to the Dubai Courts or arbitration. Rules in other emirates differ, so check which emirate's law applies.

  1. Written demand

    Send a dated email quoting the reservation clause or SPA term, the amount and a reply deadline.
  2. DLD amicable settlement

    The DLD may try to settle developer–buyer disputes, and a settlement it approves is binding, according to Khaleej Times. It cannot cancel the contract.
  3. Court or arbitration

    Termination and refund claims go to the Dubai Courts, or to arbitration if the SPA has an arbitration clause. Article 11(g) keeps the buyer's right to go to court or arbitration.

Our guide to where an off-plan dispute actually goes explains each stage, and the guide to canceling an off-plan contract compares every exit and its cost.

Buying from the UK, US, Canada or Australia?

Each country guide adds local detail: fraud reporting, bank refund limits for international transfers and consular help.

Before you write to the developer, look up the project's registration status so your request starts from the public record.

Can I get a booking deposit refund from a Dubai developer before signing the SPA?
A booking deposit refund before the SPA depends on the reservation form's terms, because no contract with statutory tiers exists yet. Read the form for refund wording and the SPA signing deadline. If the developer missed its own deadline or the project lacks approvals, note that in a dated written request and keep proof of delivery.
How much of my deposit can a Dubai developer keep if I cancel after the SPA?
After an SPA, a Dubai developer that terminates for buyer default may keep up to 25% of the unit value if the whole project is below 60% complete, and up to 40% from 60%, under Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020. If work never started or RERA canceled the project, all payments must be refunded.
What if my booking amount is not refunded in Dubai?
If a booking amount is not refunded in Dubai, send a dated written demand quoting the relevant clause, then consider a DLD amicable settlement attempt. The DLD cannot cancel contracts, so unresolved claims go to the Dubai Courts, or to arbitration if the SPA contains an arbitration clause. A UAE-qualified lawyer can advise on which route fits.
Does a booking deposit go into escrow in Dubai?
A booking deposit paid under an SPA is an off-plan buyer payment, and Dubai law sends those to the project escrow account. For deposits paid before any contract, escrow coverage is not confirmed. Compare the account you paid with the escrow account number shown in the DLD's Dubai REST app, and ask the developer to confirm in writing.

Sources

  1. Law No. (19) of 2020 Amending Law No. (13) of 2008 (Dubai Legislation Portal)
  2. Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai (Dubai Legislation Portal)
  3. Dubai Land Department: Request to register the initial sale
  4. Dubai Land Department: frequently asked questions
  5. Developer didn't register with DLD (MIO Law Firm via Mondaq)
HomeProof Research TeamFacts from Dubai law and official registries. HomeProof sells no property and takes no commission. About HomeProof

This guide is general information, not legal advice. Laws and procedures change; check the official source before acting. Published 12 October 2026, last updated 12 October 2026.

Facts before you escalate

Bring the registry record to the conversation.

Before you write to the developer, the DLD or a lawyer, get the project's public record in one place. HomeProof checks up to 80 parameters against official and open sources. It is not legal advice, and it doesn't take sides.

  • Registration, escrow and dates from public records
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