You receive the keys to a newly completed Dubai apartment and expect everything to be ready for use. Within weeks, however, water begins leaking through the ceiling, tiles crack, the air-conditioning repeatedly fails, or serious defects appear in walls and common areas.
The developer may describe the problems as minor “snagging issues.” For an owner who has invested hundreds of thousands or millions of dirhams, the question is more serious: Who is responsible for fixing the defects, and what happens if the developer refuses?
The law provides important protections for buyers dealing with construction defects Dubai, but different rules can apply to structural defects, mechanical and electrical problems, contractual defects, and serious construction failures.
This guide explains developer liability, important warranty periods, how to document a claim, when technical experts may be needed, and what legal remedies property owners can consider.
What Are Construction Defects in Dubai?
A construction defect is generally a problem resulting from defective design, materials, workmanship, installation, or construction that causes the property to differ from its contractual or legally required standard.
Common examples include:
- Water leaks and waterproofing failures;
- Cracking in walls, ceilings, or structural elements;
- Defective air-conditioning systems;
- Electrical faults;
- Plumbing and drainage problems;
- Defective sanitary installations;
- Poorly installed windows or doors;
- Fire-safety or building-system defects;
- Defective common areas;
- Material differences from agreed specifications; and
- Structural problems affecting the stability or safety of the building.
Not every cosmetic imperfection is treated in the same way as a structural defect.
For construction defects Dubai, one of the most important laws for apartments and other jointly owned developments is Dubai Law No. 6 of 2019 Concerning Ownership of Jointly Owned Real Property.
Article 40 provides two particularly important developer obligations.
10-Year Liability for Structural Defects
A developer remains liable for 10 years from the date of the project’s completion certificate for the repair or rectification of defects affecting the structural parts of the Jointly Owned Property.
This protection is particularly important where defects concern the structural integrity of the building, rather than ordinary snagging, cosmetic defects or routine maintenance issues.
Article 40 also provides that any agreement that contradicts these statutory developer-liability protections is null and void.
One-Year Liability for Defective Installations
Article 40 also imposes a separate one-year liability period during which the developer must repair or replace defective installations in the Jointly Owned Property.
The legislation specifically includes:
- Mechanical works;
- Electrical works;
- Sanitary installations;
- Sewerage installations; and
- Similar installations.
The one-year period generally runs from the date the Unit is handed over to the owner. If the owner does not take possession of the Unit for any reason, the period is calculated from the date the project obtains its completion certificate.
This shorter liability period makes it particularly important for owners to identify and report installation-related defects promptly following handover.
UAE Civil Law and Serious Structural Defects
There is also a broader federal construction-law protection known as decennial liability.
As of 2026, construction contracts are governed by the new Federal Decree-Law No. 25 of 2025 Promulgating the Civil Transactions Law. The law preserves the principle that the contractor and supervising engineer can be jointly liable for serious defects, including total or partial collapse and defects that threaten the stability or safety of buildings or fixed installations, for a period of ten years.
The new Civil Transactions Law also provides that claims under this statutory warranty must be brought within three years from the occurrence of the collapse or discovery of the relevant defect.
Because time limits can materially affect legal rights, owners should avoid delaying legal review when a serious structural problem is discovered.
How to Handle Construction Defects in Dubai: Step-by-Step
Step 1: Inspect and Document the Property
Photograph and video every significant defect.
Keep:
- Handover documentation;
- Snagging reports;
- Sale and Purchase Agreement;
- Floor plans and specifications;
- Developer correspondence;
- Maintenance reports;
- Photographs and videos;
- Repair quotations; and
- Receipts for emergency repairs.
Create a dated record showing when each problem first appeared.
Step 2: Determine What Type of Defect You Have
This can affect the applicable remedy. For jointly owned Dubai properties, Article 40 expressly distinguishes the 10-year structural obligation from the one-year obligation concerning specified installations.
Step 3: Notify the Developer in Writing
Do not rely only on telephone conversations.
Send the developer a written defect notification identifying:
- The property and unit;
- The defect;
- When it was discovered;
- Previous repair attempts;
- Supporting photographs or reports; and
- The remedy requested.
Written communication can later become important evidence.
Step 4: Obtain an Independent Technical Report
For serious construction defects Dubai, technical evidence can be as important as legal arguments.
An independent engineer, building consultant, or technical expert may be needed to determine:
- The cause of the defect;
- Whether it is structural;
- Whether workmanship is defective;
- Whether the problem arose from inadequate maintenance;
- The repairs required; and
- Estimated rectification costs.
Courts may also appoint technical experts in construction and property disputes because judges often require specialist assistance to determine causation and repair costs.
Step 5: Review the SPA and Warranty Documentation
The Sale and Purchase Agreement may contain additional contractual warranties covering workmanship, materials, finishes, handover standards, and defect-remediation procedures.
Dubai Law No. 6 of 2019 specifically provides that its developer protections do not prejudice additional rights or warranties available to owners under other legislation.
Contractual rights can therefore exist alongside statutory protections.
Step 6: Attempt Formal Resolution
Depending on the circumstances, the owner may seek:
- Repair or replacement;
- Completion of outstanding works;
- Reimbursement of appropriate repair costs;
- Compensation where legally established;
- Settlement with the developer; or
- Formal dispute proceedings.
The correct remedy depends on the defect, contract, evidence, responsible parties, and financial loss.
Step 7: Consider Court or Arbitration Proceedings
If the developer or responsible construction party refuses to resolve a significant defect, formal proceedings may become necessary.
The SPA and related agreements should first be checked to determine whether disputes fall before UAE courts or an arbitration tribunal.
For some construction-related claims, engineers, contractors, developers, consultants, and technical experts may all become relevant to determining responsibility.
Why Choosing the Right Law Firm Matters
Construction defect cases combine property law, construction law, contract interpretation, technical engineering evidence, and dispute resolution.
A law firm handling these matters should understand developer obligations, construction contracts, technical expert procedures, property litigation, and arbitration where applicable.
Firms such as Awatif Mohammad Shoqi Advocates & Legal Consultancy handle property and construction disputes involving developers, purchasers, contractors, and investors, including defect and liability claims. Its current practice areas include dedicated property litigation and construction litigation services.
For significant structural defects, having UAE-licensed advocates able to coordinate legal strategy with technical experts can become particularly important.
Act Early When Defects Appear
Construction defects Dubai should not be treated as merely cosmetic inconvenience where they repeatedly affect the property’s use, value, safety, or structural integrity.
Document the problem immediately, notify the developer in writing, understand which warranty period applies, and obtain independent technical evidence where the defect is substantial.
The important distinction is between ordinary snagging, defective installations, and serious structural defects. Each can involve different legal protections and deadlines.
Confidential Legal Consultation
If a developer has failed to rectify significant defects in a newly completed property, you may consider speaking with Awatif Mohammad Shoqi Advocates & Legal Consultancy about your contractual and legal position.
Speak confidentially with a UAE-qualified lawyer today.
Call, WhatsApp, or email the firm to discuss your construction defect claim and the legal remedies that may be available.