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After purchase · Playbook · For buyers in United States

The 25% and 40% off-plan termination rule in Dubai, worked through in dollars for US buyers

Off plan termination 25% or 40% in Dubai: how US buyers work out a developer's maximum retention under Article 11, in dirhams and dollars at the peg.

By HomeProof Research TeamUpdated 5 min readDubai law · every fact with a source

Short answer

  • The off-plan termination 25% or 40% rule in Dubai comes from Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, and applies equally to US buyers.
  • Below 60% completion of the whole project (with work started), the developer may keep up to 25% of the unit value; from 60% to 80%, up to 40%; above 80%, it may also keep the contract or ask for an auction.
  • If construction never started for reasons outside the developer's control, or RERA cancels the project, all payments must be refunded.
  • At the fixed peg of 1 USD = AED 3.6725, a 25% cap on an AED 1,836,250 unit is AED 459,062.50, or $125,000.

Off-plan termination 25% or 40% in Dubai: the rule US buyers need

The percentages cap what a Dubai developer may keep after terminating a defaulting buyer's contract, measured against the unit value in the SPA, not what you paid. Five steps turn the rule into dollars.

  1. Confirm which law text applies

    The 2020 version.
  2. Find the project's completion percentage

    Whole project, not unit.
  3. Pick the tier

    Under 60%, 60–80%, above 80%.
  4. Do the math in AED and USD

    Use the 3.6725 peg.
  5. Compare with what you have paid

    The gap decides any refund.

Step 1: Which version of Article 11 of Law 13 of 2008 applies from the US?

The version in force is Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, issued November 24, 2020. Older articles may still describe a 30% deduction for projects that never started, which the 2020 text removed.

Step 2: Where do I find the completion percentage?

The percentage that counts is the one the Dubai Land Department (DLD) states in its document to the developer, calculated under RERA standards for the whole project. For an estimate, the Project Status (Mashrooi) service in the Dubai REST app shows status and inspection details; from the US, log in with a UAE PASS Visitor account, or look up the project's completion record.

Step 3: Which Dubai off-plan tier applies under Law 19 of 2020 for American buyers?

The tier depends only on the whole project's completion at the time the DLD documents the default.

Maximum share of unit value a Dubai developer may keep after terminating

0%
25%
40%
40%
Not started / RERA-cancelledFull refundBelow 60%60% to 80%Above 80%Or keep the contract, or auction
Source: Law No. 19 of 2020 (Dubai Legislation Portal)

Above 80%, the developer may instead keep the contract and claim the balance, or ask the DLD to auction the unit, with the buyer liable for sale costs.

is it fair the developer keeps all the money?
an off-plan property owner quoted in Gulf News · Gulf News, Jan 2021

Step 4: How do I convert the cap into dollars?

Multiply the SPA unit value by the tier, then divide by 3.6725. The dirham has been pegged at 1 USD = AED 3.6725 since February 2002, per the UAE government.

Example: hypothetical AED 1,836,250 unit ($500,000)
Project completionMaximum retention (AED)Maximum retention (USD)
Not started (outside developer's control) or RERA-cancelled0$0
Below 60%459,062.50$125,000
60% to 80%734,500$200,000
Above 80% (if developer terminates)734,500$200,000

These ceilings apply only after the DLD notice and 30-day period pass without payment or settlement.

Step 5: What do I get back, and when?

If you paid more than the developer may keep, the excess comes back within one year of termination or 60 days of resale to a new buyer, whichever is earlier. Example: a hypothetical buyer who paid $150,000 on the $500,000 unit above, in a project below 60%, faces a cap of $125,000, leaving at least $25,000 to be refunded.

Time-zone note: a 30-day DLD notice sent by email runs on Dubai time, 8 hours ahead of New York until November 1, 2026. Non-US readers can use the Article 11 tiers explainer; the American buyers' hub links onward, including to a missed off-plan payment and ways to cancel a contract.

Is the 25% or 40% taken from what I paid or from the unit price?
The 25% and 40% figures in Dubai's Article 11 are measured against the unit value stated in the SPA, not against the amount the buyer has paid. Where a buyer paid more than the developer may keep, the excess must be refunded within one year of termination or 60 days of resale, whichever is earlier.
Does the 25% rule depend on my unit's progress or the whole project?
The 25% and 40% tiers depend on the completion percentage of the whole real property project, not the individual unit. Under Law No. 19 of 2020, the DLD states that percentage, calculated under RERA standards, in the document it issues after the 30-day notice period ends without payment or settlement.
Do American buyers get a full refund if construction never started?
American buyers, like all buyers, are entitled to a refund of all payments if construction never started for reasons outside the developer's control and without its negligence, or if RERA cancels the project by a final reasoned decision. This rule comes from Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020.
Can a developer keep more than 40% under Article 11?
Under Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, a terminating Dubai developer may keep at most 40% of the unit value. Above 80% completion it may instead keep the contract and claim the balance, or ask the DLD to auction the unit, with the buyer liable for sale costs.

Sources

  1. Law No. 19 of 2020 amending Law No. 13 of 2008 (Dubai Legislation Portal)
  2. Dubai amends interim registration law (Al Tamimi, March 2021)
  3. Project Status (Mashrooi) user guide (DLD)
  4. UAE fact sheet (u.ae)
  5. Report of Foreign Bank and Financial Accounts (FBAR), IRS
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.

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