Facing Unrepaired Defects in Your Villa? Enforcing Your Rights Against the Contractor

Introduction:

When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects. However, issues may arise where defects remain unresolved despite contractual obligations. In such cases, understanding the legal framework under Dubai Law No. 13/2008 on the Interim Real Estate Register in the Emirate of Dubai, and Federal Law No. 5/1985 on the Civil Transactions Law of the UAE, becomes crucial.

Contractor’s Responsibilities and Liabilities under Federal Law No. 5/1985:

According to Article 875 of the Civil Transactions Law, contractors are obligated to provide materials of agreed quality standards or adhere to customary practices if specific agreements are absent. If materials are supplied by the homeowner, the contractor must preserve them appropriately during construction.

Under Article 877, contractors must execute their work as per contract conditions. If work is defective or contrary to agreement, homeowners have the right to demand immediate rectification. Failure by the contractor to address defects within a reasonable timeframe allows homeowners to seek judicial action for contract termination or authorise another contractor to complete work, with expenses borne by the original contractor.

Warranty Against Defects:

Article 878 holds contractors liable for defects or losses resulting from their work, except those caused by unavoidable accidents. This liability extends to a ten-year period for buildings and fixed constructions from the delivery date unless otherwise agreed upon. Even if defects are restricted by ground issues or homeowner-approved faulty construction, contractors remain accountable.

Moreover, Article 880 imposes a ten-year liability period for defects compromising a building’s structural integrity or safety, regardless of their cause. This ensures contractors uphold construction quality standards and protects homeowners from long-term structural issues.

Furthermore, Article 883 mandates that warranty claims must be filed within three years from defect discovery, ensuring timely resolution and preventing extended disputes.

Enforcement of Rights under Dubai Law No. 13/2008:

Dubai Law No. 13/2008 establishes the Interim Real Estate Register, ensuring transparency and protecting investors in off-plan property projects. Developers must fulfil project obligations as per agreed specifications and timelines. Homeowners facing unresolved defects can file complaints with regulatory authorities, seeking intervention to enforce contractual obligations.

When facing unrepaired defects, homeowners should formally notify developers or contractors in writing, detailing issues and requesting rectification within a reasonable period, per Dubai Law No. 13/2008 and Federal Law No. 5/1985. If responses or rectifications are inadequate or absent within the specified timeframe, legal action through Dubai’s judicial system becomes necessary.

Conclusion:

Dubai’s robust legal frameworks under Dubai Law No. 13/2008 and Federal Law No. 5/1985 ensure accountability from developers and contractors regarding villa project defects. Understanding these laws empowers homeowners to safeguard real estate investments against substandard construction practices and enforce their rights effectively.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.