Confirmed that inspecting the property is the right of the investor at any time

«Real estate regulation»: The developer is not allowed to link the last payment to the inspection of the property

«Dubai Lands»: a difference between inspection and receipt.

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The Dubai Land Department, represented by its regulatory arm, the Real Estate Regulatory Agency (RERA), stated that the real estate developer may not link the last payment to the inspection of the property.

“Inspect” and “Receive”

In her response to the inquiries of "Emirates Today" readers about the relationship of the last batch to the final inspection of the property, she explained that there is a difference between "inspection" and "receipt".

The department stressed that inspecting the property is the right of the investor at any time, and this is done by following up on the technical report included in the “My Project” service. The owner also has the right to request a detailed technical report for his unit, to know the percentage of completion during construction.

After the completion of the project, the investor has the right to inspect his property and make a receipt report, at a time when the purchase agreement governs the terms and conditions for delivery.

"RERA" confirmed that the last payment is payable under the conversion of the project's status to "completed" in the "My Project" system of the department, which can be found on the Dubai Land website and the "Dubai Rest" application, and requires the issuance of a technical report from the Technical Department. in the circle.

And she continued: «The real estate developer is not allowed to link the last payment to the inspection of the property, because the inspection process takes place at any time, including the final inspection of the property, and there is a difference between inspection and receipt, as the inspection of the property does not require payment of the last payment, but (receipt) requires payment of the payment. Last".

last batch

In addition, the legal advisor specializing in real estate affairs, Muhammad Al-Qawasmi, confirmed that the law does not regulate the process of paying the last payment, but the contract is the law of the contractors, which stipulates the date of the final payment due.

Al-Qawasmi said that according to normal conditions, the real estate developer sends a message to the buyer, stating that the unit is ready to receive, and if there are light defects present, the developer must correct them within 12 months, because according to the law, the specifications in the contract must be adhered to.

He added: "If it turns out that there are fundamental defects, such as a large difference in the area, or something else, the buyer has the right to refrain from paying, because there is a defect in the obligations."

Preview requirement

For her part, the legal advisor, Shawq Al-Kathiri, said that a distinction must be made between two things, the first: the last payment, which is made according to the contract of the agreement concluded between its two parties, or upon receipt in kind, unless otherwise agreed upon, while the second matter is “inspection.” As in accordance with the text of Article 490 of the Civil Transactions Law, the thing sold must be known to the buyer, excluding ignorance, and be known by explaining its descriptions and conditions.

She added: «In summary: If the developer has the right to refuse to hand over the unit to the investor before paying the full price, then the investor has the right to require inspection before payment, given that the developer's commitment to the core specifications is a preliminary obligation, or in other words, according to the law, the developer may refrain from Delivery before payment of the payment, but it is not permissible to prevent the investor from inspecting it before payment.”

• Inspection of the property does not require payment of the last payment, as for "receipt", payment is required.

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