1. Start with the trigger, not the date printed on the demand
Open the signed SPA, its payment schedule and every valid amendment. For the requested instalment, record the exact amount or percentage, the clause or schedule row, the stated trigger and the notice procedure. Do not begin by assuming that the date on the developer’s email is the contractual due date.
An instalment can be calendar-linked, construction-linked, handover-linked or hybrid. A calendar-linked row may mature on a stated date even if construction progress is recorded separately. A construction-linked row depends on the milestone described in the contract. A hybrid row may state a date and a milestone, so the wording must reveal whether both conditions are required, one is indicative, or one prevails.
DLD’s published FAQ specifically addresses schedules based on completion rates. It should not be expanded into a universal rule for every payment plan. If the wording remains unclear, obtain project-specific legal advice before treating the request as valid, premature or waived.
References: DLD — FAQ on payment requests tied to completion rates · Dubai Law No. 19 of 2020 — amended off-plan framework
2. Classify the payment schedule before comparing progress
A useful working copy converts the payment schedule into one row per instalment. Preserve the original document, then add separate columns for the contractual trigger, requested date, amount, evidence received, DLD progress record and unresolved questions.
The classification matters because the same construction figure can have different significance. It may be the direct trigger for a construction-linked instalment, useful context for a calendar-linked plan, or one of several conditions attached to handover. It is not safe to move a milestone from marketing material into the contract or to remove a contractual date because a brochure described the plan differently.
| Schedule type | What may trigger payment | Evidence question |
|---|---|---|
| Calendar-linked | A date or defined period stated in the SPA. | Is the requested date the contractual date, and was any amendment agreed? |
| Construction-linked | A named stage or percentage of project completion. | What evidence confirms that precise stage? |
| Handover-linked | A handover, completion or readiness event defined by the contract. | Which completion, notice and access conditions does the SPA require? |
| Hybrid | A combination of dates, stages or other conditions. | Does the wording require both events, either event or a stated priority? |
References: DLD — FAQ distinguishing completion-linked payment evidence
3. Reconcile four records instead of relying on one screenshot
The payment schedule, developer notice, technical evidence and public DLD record answer related but different questions. DR recommends comparing all four on one dated sheet. A match strengthens the file; a difference identifies the next clarification rather than proving misconduct or deciding the legal result.
Record both the document date and the date the underlying information was measured. A DLD page retrieved today may display an earlier inspection, while a developer notice may rely on a later consultant letter. Conversely, a recent email is not necessarily evidence that the milestone itself was recently inspected.
| Record | What to extract | What it does not establish alone |
|---|---|---|
| Signed SPA and amendments | Unit, price, instalment, trigger, notice method, grace period and consequences. | It does not show that a later factual milestone has occurred. |
| Developer payment request | Requested amount, due date, bank instructions, cited clause and stated milestone. | The demand alone does not independently verify construction progress. |
| Letter from the project consultant approved by DLD | Project identity, inspection or letter date, stated stage and responsible issuer. | It does not rewrite the SPA, constitute the separate DLD-approved technical report or confirm that payment reached the correct account. |
| DLD Project Status record | Official project identity, status, displayed completion percentage and available inspection details. | A public percentage alone does not interpret the contract or show a unit-level ledger. |
References: DLD — Project Status Enquiry service · DLD — FAQ on consultant letters and project tracking
4. Understand what an official completion percentage can establish
Administrative Resolution No. 12 of 2022 states that completion percentages falling within its scope are calculated under the standards and requirements in DLD’s approved guide. It also states that percentages calculated under that guide are binding on the purchasers and developers to whom the amended interim-register law applies.
DLD’s public Project Status Enquiry allows a customer to search by project name, project number or land number and view completion information. Save the project identity, percentage, retrieval date and any inspection or update date displayed. Do not record only the percentage, because a timing difference may explain an apparent conflict.
DLD also publishes a developer-facing service for obtaining an approved technical report through a field-visit process. That service page does not make every letter from a project consultant approved by DLD an official DLD technical report. Ask the sender to identify the issuer, date and status of the evidence being relied on.
Source note: the Dubai Legislation Portal’s English translations are provided subject to an interpretation qualification. The original Arabic legislation governs interpretation and application and prevails in case of conflict.
References: Dubai Administrative Resolution No. 12 of 2022 — calculation of completion percentages · DLD — Project Status Enquiry · DLD — Requesting a technical report for the project
5. Keep the payment trigger and payment destination separate
A milestone may answer when an instalment becomes due; the escrow evidence answers where qualifying off-plan payments should go and how the project account is identified. Do not use evidence on one question as a substitute for the other.
Law No. 8 of 2007 applies to developers selling units off-plan in Dubai and receiving purchaser or financer payments. It provides for an account in the project’s name, requires separate accounts for separate projects and allows depositors or their representatives to access their own accounting records. The existence of an escrow account does not itself prove that this instalment has matured or that an earlier transfer was allocated to the correct unit.
If payment instructions have changed, verify the notice through a previously authenticated developer contact and current official project information. DLD’s escrow-transfer service requires a developer commitment to notify unit owners of a new account number, but the service is not a substitute for checking the exact account relevant to your project. Never rely only on bank details pasted into an unexpected message.
References: Dubai Law No. 8 of 2007 — Articles 3, 7, 9 and 12 · DLD — Approved escrow account trustees · DLD — Escrow Account Transfer service
6. Use this eight-field payment-request checklist
Copy the answers from source documents rather than completing the checklist from memory. Mark a field as unresolved when the evidence is missing or inconsistent. The checklist is a DR working tool, not a declaration that the instalment is legally due or not due.
| Field | Record to make | Reason |
|---|---|---|
| Project and unit identity | Official project number, project name, unit and purchaser name. | Prevents a similarly named phase or unit from being used. |
| Contract trigger | Exact SPA row and any valid amendment. | Establishes whether the plan is date, milestone, handover or hybrid based. |
| Requested amount | Percentage, AED amount, cumulative amount and calculation. | Reveals duplicated deposits, fees or arithmetic differences. |
| Technical evidence | Issuer, inspection date, percentage or named stage and document reference. | Shows what evidence supports a construction-linked request. |
| DLD comparison | Displayed status, percentage, inspection date and retrieval date. | Creates a dated independent comparison. |
| Payment destination | Project account name, trustee and independently verified instructions. | Separates an authentic request from correct routing. |
| Owner ledger | Previous payments, receipts and allocation to the unit. | Tests the cumulative balance rather than one invoice. |
| Response deadline | Contractual notice date, grace period and requested clarification. | Avoids losing track of time while a discrepancy is reviewed. |
References: DLD — FAQ on project progress, escrow deposits and buyer records · Dubai Law No. 8 of 2007 — depositor accounting records
7. Worked example: a 20% construction trigger with conflicting dates
Hypothetical example only: an SPA price is AED1.5 million. The schedule shows 10% at reservation, 10% on a stated calendar date, 10% when project construction reaches 20%, 20% when it reaches 50%, and 50% at the contractually defined handover event. The purchaser has paid the first two rows, or AED300,000.
The developer requests AED150,000 for the 20% construction row. On the day the owner checks, the DLD public record displays 17%, with an inspection date several weeks earlier. The developer also supplies a more recent letter from the project consultant approved by DLD stating 20%. The two percentages should not be averaged, and the more recent date should not automatically be accepted or rejected.
The useful response is a discrepancy schedule: identify the SPA trigger; record both measurement dates; verify the letter’s issuer and project identity; request the letter from the project consultant approved by DLD on which the construction-linked request relies; and preserve the response deadline. Do not describe that letter as the separate DLD-approved technical report unless it was issued through that service. If the trigger is confirmed, cumulative payments would become AED450,000, or 30% of the price. If it is not confirmed, the file remains unresolved—it does not become a licence to ignore contractual notices.
References: DLD — FAQ on completion-linked payment requests · DLD — Project Status Enquiry
8. If the records differ, request clarification without manufacturing certainty
Send a short written request that quotes the relevant SPA row, identifies the payment demand and lists the conflicting records. Ask for a letter from the project consultant approved by DLD where the schedule is completion-linked, the inspection or certification date, the applicable project identifier and a current owner ledger showing earlier payments.
Do not edit certificates, accuse a party of falsification or circulate the dispute as a proven project-wide fact. A difference may arise from inspection timing, a phase mismatch, a later measurement, a ledger error or another explanation that still needs evidence.
Equally, do not let a request for clarification disappear into silence. Preserve acknowledgements and deadlines. If the developer asserts default, termination rights, penalties or another serious consequence, obtain timely advice from an appropriately qualified UAE professional who can read the complete contract and notice history.
References: DLD — FAQ on completion-linked payment evidence · Dubai Law No. 19 of 2020 — procedures connected with purchaser default
9. A delayed project needs two timelines, not one conclusion
Keep the construction timeline and payment timeline on separate lines. The construction line should show official progress records, inspection dates, developer programmes and projected handover changes. The payment line should show each contractual trigger, amounts paid, requests received, grace periods and any agreed amendments.
Delay does not automatically rewrite every payment term, while a payment request does not prove that the project is on schedule. If the project is substantially delayed, compare the current record with the SPA and obtain advice before agreeing to a restructuring, refusing further payments or signing a waiver.
Where finance is expected at handover, add a third line for approval expiry, valuation conditions, rate terms and drawdown requirements. A delayed construction programme can outlast a financing approval even when no current instalment is disputed.
References: DLD — FAQ on updating technical project information
10. What to do before the next instalment deadline
First, preserve the payment request and complete SPA schedule. Second, classify the trigger. Third, check the current DLD project record and dates. Fourth, request a letter from the project consultant approved by DLD if the row is construction-linked. Fifth, verify the project escrow instructions independently and reconcile the owner ledger.
Keep project-wide facts separate from private payment and identity records. An owner group can compare the wording and evidence supplied for a common milestone, but each purchaser should retain a private unit-level ledger and should not assume that another owner has the same contract, amendments or payment position.
The objective is not to delay payment by creating paperwork. It is to establish a traceable answer to four questions: what the contract requires, what event is said to have occurred, what official and technical records show, and where the money should be credited. If those answers remain materially inconsistent, escalate the evidence—not the rhetoric—and seek qualified advice before taking an irreversible position.
- Save the original demand, attachments and delivery date.
- Quote the exact SPA trigger in the clarification request.
- Record the measurement date behind every completion percentage.
- Verify changed bank details outside the message that supplied them.
- Request an updated unit ledger after payment.
- Do not share complete SPAs, identity records or bank documents publicly.
- Seek qualified advice promptly if default or termination is alleged.
References: DLD — Project Status Enquiry · Dubai Law No. 8 of 2007 — project escrow and owner accounting records
Questions about Dubai off-plan payment requests
Can I refuse every Dubai off-plan payment request if the DLD percentage is lower than my payment percentage?
No universal conclusion follows from that comparison. First determine whether the SPA row is calendar-linked, construction-linked, handover-linked or hybrid. A cumulative payment percentage and a construction percentage also measure different things. Obtain advice on the actual contract before withholding payment.
What evidence should support a construction-linked instalment?
DLD’s FAQ says that where the payment schedule is based on completion rates, the investor may seek the current percentage through a letter from the project consultant approved by DLD. Record the issuer, project, percentage, inspection date and document reference, then compare it with the contract and DLD record. Do not treat that letter as the separate DLD-approved technical report unless it was issued through that service.
Does a DLD public completion percentage decide whether my payment is due?
It is important official evidence, but the due date also depends on the signed SPA, amendments, the milestone wording and the dates behind the records. A public entry should not be interpreted in isolation.
Does an approved escrow account prove the project will complete?
No. Escrow regulation controls how qualifying project funds are held and managed. It does not guarantee completion, establish that a particular instalment has matured or confirm that an earlier payment was correctly allocated to your unit.
What should I do if the developer sends new bank details?
Do not rely only on the message containing the change. Verify the instructions through a previously authenticated developer channel and current official project information, check the project and trustee details, and preserve the confirmation.
What if the developer threatens default while I am requesting evidence?
Preserve the notice and deadlines and obtain prompt advice from an appropriately qualified UAE professional. A clarification request should not be assumed to suspend contractual or statutory procedures.
Primary and official sources
Project status and procedures can change. When a decision depends on current information, verify the live primary source rather than relying only on a secondary summary.