An assignment sale that skips the developer’s No Objection Certificate is the single most common reason a resale unravels after deposit money has already changed hands. Here is what a seller’s advocate actually checks before marketing an off-plan unit.
A seller’s lawyer checks four things before an off-plan assignment: whether the developer’s payment threshold has been met, whether a No Objection Certificate has been obtained, whether the resale fee charged is lawful, and whether the assignment will be registered in the Interim Real Property Register.
“A signed assignment agreement without a developer’s No Objection Certificate isn’t a resale — it’s an unregistered promise that the trustee’s office will not enforce.”
1. Have you met the developer’s payment threshold?
Most Dubai developers will not issue a No Objection Certificate until a set percentage of the purchase price has been paid, commonly cited between 30 and 40 percent of the unit’s value. Confirm this figure directly with the developer’s sales office, since it is set by internal policy rather than fixed by law and varies by project.
2. Have you obtained the developer’s No Objection Certificate?
No off-plan disposition can be registered with the Dubai Land Department without a developer NOC. The trustee’s office will refuse to process an assignment contract that lacks this document, regardless of how much of the purchase price has already been paid.
3. Is the resale fee being charged lawful?
Developers may recover their own administrative costs of processing an assignment, but Law No. 13 of 2008 restricts fees to those actually approved for this purpose. A seller quoted a fee well above the standard administrative charge should ask the developer to itemise it before agreeing to pay.
4. Will the assignment be registered?
An assignment sale has no effect against third parties, including the Dubai Land Department, until it is entered in the Interim Real Property Register. Sellers should confirm with their conveyancer that registration is scheduled, not just the signing of the assignment contract.
Frequently asked
Can I resell an off-plan unit before paying the full purchase price?
Yes. Dubai permits assignment sales before handover provided the developer’s payment threshold has been met and a No Objection Certificate is issued — you do not need to have paid the full price.
What happens if a unit is sold without a developer NOC?
The assignment cannot be registered with the Dubai Land Department, which means the buyer has no protected title to the unit and the seller remains the party of record with the developer.