Off-plan guide
Reselling a Dubai off-plan property before handover
Olvassa el ezt az útmutatót magyarulDiesen Leitfaden auf Deutsch lesenЧитать этот гид на русском
Dubai law lets you sell an off-plan unit before it is built. Article 6 of Law No. 13 of 2008 says that units sold off plan and entered on the interim property register “may be disposed of by way of sale, mortgage, or any other legal disposition”, and it attaches no condition about how much of the price you have paid. The condition you will actually meet is set by your developer. It sits in the Sale and Purchase Agreement, and it is enforced through a no objection certificate that the Dubai Land Department requires as a document but does not price. Reading DLD service pages and the Dubai legislation library on 4 September 2026: budget 4% of the new sale value for registration, and expect the rest of the bill from parties whose tariffs are unpublished.
What the law allows, and what it is silent on
The interim property register, the one the market calls Oqood, exists under Law No. 13 of 2008. Article 6 of that law states that real property units sold off plan and entered on the register maintained by the Department “may be disposed of by way of sale, mortgage, or any other legal disposition”. There is no minimum percentage of the price in that article, and we found none anywhere else in the law or in the Law No. 19 of 2020 amendment.
So an assignment before handover is not an exception the Land Department tolerates. It is the ordinary use of a register built to make a contract transferable before the building exists. What stands in your way is the Sale and Purchase Agreement, not the statute.
The 30% to 40% rule comes from your developer, not from Dubai law
Almost every article on Dubai assignment sales says you must have paid 30% to 40% of the price before you may resell, and several name developers and figures as though quoting a regulation. We could not find that rule in any Dubai statute or resolution we read on 4 September 2026.
There is a real 25% and a real 40% in Dubai off-plan law, and they belong to a different rule. Article 11 of Law No. 13 of 2008, as replaced by Law No. 19 of 2020, caps what a developer may retain when it terminates the contract of a purchaser who has defaulted: up to 40% of the unit value above 60% completion, and up to 25% below 60% where work has commenced. That is a ceiling on a remedy against someone who has stopped paying. It says nothing about the freedom of a paying buyer to assign, and the resemblance between the numbers is the likely source of the confusion.
The threshold that will actually stop you is contractual. Developers commonly refuse an assignment until a stated share of the price is paid, and they set that share themselves, in the SPA. It is a clause, not a law, which means it is worth reading before you sign and worth asking about before you list.
The developer NOC: required, and unpriced
The no objection certificate is not market folklore. The document lists DLD publishes name it. The mortgage registration service requires “a no-objection e-certificate (E.NOC) from the developer of the provisional sale properties (via Dubai REST App)”, and the property sale registration service requires a developer e-NOC for freehold areas through the same app. Developer consent is a documented gate into the registry, not a courtesy you can route around.
What the Land Department does not publish is the price. We searched its service pages and the Dubai legislation library and found no NOC fee, no range and no turnaround time. The figures that circulate come from brokerages, and each developer sets its own. Ask for the number and the processing time in writing before you agree a price with a buyer.
The registry step, and the 4%
DLD prices every sale registration it publishes at 4% of the sale value. The initial sale service, which puts an off-plan purchase on the interim register, bills the seller 2% and the purchaser 2%, plus an AED 10 knowledge fee and an AED 10 innovation fee. The property sale registration service carries the same 2% and 2%.
One caution, and it is ours rather than the Land Department’s. We could not locate a DLD service page that describes itself as the transfer of an off-plan unit from one buyer to another. The property sale registration page speaks of a completed unit. The closest match by wording is Request to Amend the Initial Procedures Data, which lets a developer “modify the details of the procedures registered in the real estate provisional register” for AED 250 plus the two AED 10 fees over six business days, and it does not say a change of purchaser falls within its scope.
So plan for 4% on the new sale value, because that is what DLD charges on every sale type it does publish, and ask the developer to confirm in writing which service the transfer runs through and what it costs. Refuse any quotation showing both a 4% DLD fee and a separate percentage called an Oqood fee, for the reason set out in our guide to DLD fees.
Worked example: assigning at AED 2M
You are assigning at AED 2,000,000. Take the side of the incoming buyer first, because that is the side the price has to survive. On the fee lines DLD publishes for a sale registration, 4% of AED 2,000,000 is AED 80,000, plus AED 10 knowledge and AED 10 innovation. That is AED 80,020 to the Land Department, and it is the only part of the transaction with a published tariff.
Then the lines nobody publishes. The NOC fee, set by the developer. Any administrative charge for handling the transfer. A registration trustee or service partner charge, which the DLD property sale registration page shows as AED 2,000 to AED 4,000 plus VAT on a completed unit. And agency commission, which on a resale is paid by the parties rather than absorbed by a developer.
The honest total is AED 80,020 known and a second block that has to be quoted to you in writing. Anyone offering an all-in percentage for a Dubai assignment is estimating the unpublished part. Get those figures before you agree a price, then run the arithmetic through our cost of buying calculator from the buyer side.
What a post-handover payment plan does to a resale
A post-handover plan spreads part of the price over instalments falling due after the keys change hands, and assigning the contract does not compress that. What transfers is the Sale and Purchase Agreement, so your buyer takes the unpaid instalments with the unit, including the ones due after completion.
That changes who your buyer can be. Someone taking over a post-handover plan is underwriting the developer and their own income for years past the handover date, and if they need finance the arithmetic tightens: the Central Bank caps lending against a property bought off plan at 50% of value, so a mortgage will not absorb the remaining schedule. Our off-plan mortgage guide sets out what that cap does.
No Dubai Land Department or RERA text we read on 4 September 2026 distinguishes a post-handover plan from any other schedule, so there is no special procedure here. The clause deciding whether you may assign at all, and on what terms the instalments follow the unit, is in the SPA. Read it before you market the property, and browse current off-plan projects with the same clause in mind.
What we left out
No figure for a developer NOC fee appears above. The ranges quoted elsewhere, commonly AED 500 to AED 5,250, the two to three working day turnaround that goes with them, the assignment fees of 2% to 5% of the original price, and the all-in resale cost of 6% to 11% all come from brokerage articles. We found no government source for any of them.
The developer-by-developer thresholds naming a percentage against a brand are absent too: they change with the project, and the only version binding you is in your own agreement. Nor could we confirm from a primary page that the 4% is charged again on an assignment specifically.
Sources
Every figure and legal reference on this page comes from the list below. Dubai law is published in Arabic and the Arabic text prevails; English titles are given as the issuing authority publishes them.
- Law No. 13 of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai, Article 6: units on the interim register may be disposed of by sale, mortgage or any other legal disposition Read 4 September 2026. Government of Dubai Legal Affairs Department. English text, Arabic prevails.
- Law No. 19 of 2020 Amending Law No. 13 of 2008, the operative Article 11: the 40% and 25% ceilings on what a developer may retain when it terminates a defaulting purchaser, and the refund deadline of one year from termination or sixty days from resale Read 4 September 2026. Issued 24 November 2020. Replaces the Article 11 introduced by Law No. 19 of 2017.
- Dubai Land Department, Request to Register the Initial Sale (the Oqood service): seller 2% of the sale value, purchaser 2% of the sale value, AED 10 knowledge fee, AED 10 innovation fee Read 4 September 2026.
- Dubai Land Department, Property Sale Registration: seller 2% and buyer 2% of the sale value, developer no objection e-certificate via the Dubai REST app for freehold areas, service partner fee AED 2,000 to AED 4,000 plus VAT Read 4 September 2026. The page describes a completed unit, which is why we do not present it as the assignment route.
- Dubai Land Department, Request to Amend the Initial Procedures Data: modifying details registered on the real estate provisional register, AED 250 plus AED 10 knowledge and AED 10 innovation fees, six business days Read 4 September 2026. The page does not state whether a change of purchaser is within its scope.
- Dubai Land Department, Mortgage Registration Application: a no objection e-certificate from the developer of provisional sale properties, via the Dubai REST app, is a listed requirement Read 4 September 2026.
This page explains published rules. It is not legal advice, and it cannot tell you what your own Sale and Purchase Agreement says, which is the document that decides most of these questions in practice.
Common questions
Can I sell a Dubai off-plan property before handover?
Yes. Article 6 of Law No. 13 of 2008 says that units sold off plan and entered on the interim property register may be disposed of by way of sale, mortgage, or any other legal disposition. The statute attaches no condition about how much of the price you have paid. What stands between you and a sale is your Sale and Purchase Agreement and the willingness of the developer to issue a no objection certificate, not Dubai law.
Do I have to have paid 30% or 40% before I can assign the contract?
Not as a matter of law. We read Law No. 13 of 2008 and its replacement Article 11 under Law No. 19 of 2020 on 4 September 2026 and found no statutory minimum percentage a buyer must have paid before assigning. Developers impose a threshold contractually and set the figure themselves, which is why it varies between developers. The 25% and 40% that do appear in the law are the ceiling on what a developer may keep when it terminates a defaulting buyer, a different rule pointing the other way.
How much does a developer NOC cost for an assignment sale?
No Dubai government page we could locate publishes an NOC fee, a fee range, or a turnaround time. The Land Department requires a developer no objection e-certificate as a document, through the Dubai REST app, but does not price it. The developer sets the charge, so ask for the figure and the processing time in writing before you agree a price with a buyer.
Is the 4% DLD fee charged again when an off-plan contract is assigned?
Every Dubai Land Department sale registration service we read on 4 September 2026 prices the registration at 4% of the sale value, billed as 2% to the seller and 2% to the purchaser. We could not locate a DLD service page that describes itself as the transfer of an off-plan unit from one buyer to another, so budget for 4% on the new sale value and ask the developer to confirm in writing which service the transfer runs through and what it costs.
What happens to a post-handover payment plan if I sell before handover?
The Sale and Purchase Agreement is what transfers, so the buyer takes the unpaid instalments with the unit, including the ones falling due after the keys are handed over. That narrows the pool of buyers, because they are committing to a schedule that runs years past completion, and a mortgage does not readily bridge it: the Central Bank caps lending against a property bought off plan at 50% of value. No Dubai Land Department or RERA text we read distinguishes a post-handover plan from any other schedule.
Next
Ask us about a specific contract
Send us the project name and the clause you are looking at, and we will tell you what the catalogue holds on that developer and which of the rules above the clause is engaging. We are brokers, not lawyers, so where a case needs a lawyer we will say so rather than answer it.
Or call +971 58 525 7777.