What to Do When You Find Snags After the DLP Has Expired
We get called into a lot of properties where the owner has already been told no. The first thing we do in those calls is set the date aside for a moment and look at the cause instead. That single shift in focus is usually where the real answer starts.
You know the situation already, or you would not be reading this. A stain came through the ceiling, or a tile lifted, or a crack you had been quietly ignoring got wider. You emailed the developer. The reply was short. The defects liability period expired on such and such a date, so this is now your responsibility.
We want to be honest with you about that sentence. It is true. It is also not the whole answer, and a meaningful number of owners in Dubai are paying for repairs out of their own pocket that they never actually had to pay for, simply because nobody told them what comes after the DLP.
Can You Still Claim After the Defects Liability Period Has Expired in Dubai?
Sometimes, yes. The one-year defects liability period is only one of your protections, not the only one. Structural defects are covered for ten years from the completion certificate under Dubai Law No. 6 of 2019 and the UAE Civil Code, with a three-year window to claim once you discover them. Latent defects and third-party liability may also apply, depending on what actually caused the problem.
That is a longer answer than “the DLP is over, sorry,” and it is the correct one.
The Three Routes That May Still Be Open
We treat this as a diagnostic, because not every route applies to every defect. Here is the full picture before we walk through each one.
| Route | What It Covers | How Long You Have | The Catch |
| 1. Decennial (structural) liability | Total or partial collapse, and defects threatening the stability or safety of the building | 10 years from the completion certificate, plus 3 years from the date you discover the defect to file a claim | It is narrow. Courts confine it strictly to stability and safety. A leaking tap is not a decennial claim. |
| 2. Latent defects | Defects that could not have been found on a reasonable external inspection, and only surface through expert testing | 1 year from delivery under the new Civil Code, unless a longer contractual guarantee applies | The clock runs from delivery, not from when you discover it. Check your SPA for a longer guarantee period. |
| 3. Someone other than the developer | The Owners Association for common parts, a neighbouring unit if the source is theirs, a maintenance contractor, or an insurer | Varies by situation | Most owners never even consider this route, and in our experience it is often the fastest one. |
Route 1: The Ten-Year Structural Window
Dubai Law No. 6 of 2019, Article 40(a), holds the developer liable for ten years from the completion certificate for defects in the structural parts of a building. That means the main supports, foundations, columns, load-bearing walls, ceiling joists, stairs and stairwells, façades, and roofs.
At the federal level, this sits within the UAE Civil Code. Under the old code, this was Articles 880 to 883 of Federal Law No. 5 of 1985. As of 1 June 2026, the new Civil Transactions Law, Federal Decree-Law No. 25 of 2025, moved this to Articles 821 to 824. The substance did not change. Contracts signed before 1 June 2026 are generally still governed by the older numbering, but the protection itself carries through either way.
Under this route, the contractor and the supervising engineer are jointly and severally liable. It is strict liability, meaning you do not need to prove anyone was negligent, only that the defect exists and falls within scope. It also cannot be excluded through a clause in your contract, so a developer cannot simply write this liability away.
Here is the part that catches people out most often. Once you discover a structural defect, a fresh three-year clock starts for filing a claim. Sitting on that discovery, even with good intentions, is how genuinely valid claims get lost. If you think you may have a structural issue, the date you found it matters as much as the defect itself.
We also want to be direct about the limit here, because overselling this would help nobody. Cosmetic cracking in plaster does not qualify. An isolated plumbing or electrical fault does not qualify either. If someone tells you a hairline crack in a wall is a ten-year structural claim, they are either mistaken or trying to sell you something.
Route 2: Latent Defects
A latent defect is one that could not reasonably have been spotted through an ordinary inspection or a normal external check, and only comes to light through expert testing or specialist equipment. If a defect genuinely could not have been found at handover, accepting the property does not mean you waived your right to raise it later.
Under the new Civil Code, the claim period for latent defects was extended from six months to one year from the date of delivery, unless your SPA includes a longer guarantee. This clock is shorter than the structural window and it runs from delivery rather than from discovery, so it is worth checking your SPA closely for anything more favourable.
Route 3: Somebody Other Than the Developer
This is the route we find owners overlook most often, and it deserves far more attention than it usually gets.
If the source of the problem is in the common parts, such as a riser, the roof, the podium, the façade, or a shared chilled water line, the Owners Association or the management company may be the right party to approach, not the developer at all.
If the defect originates inside a neighbouring unit, that owner or their insurer may bear responsibility. A maintenance or renovation contractor whose work failed is another possibility, and it is worth checking whether the building’s master insurance policy, or your own contents policy, covers the damage.
Everything Depends on One Question: What Actually Caused It?
This is not a sales pitch, even though it happens to be exactly what we do for a living. It is simply true, and it is the part almost nobody explains clearly.
A defect discovered in year three is not automatically a defect that was caused in year three. Which route applies to your situation depends entirely on the diagnosis, not on when you happened to notice it.
Take a ceiling stain as an example, because we see this exact scenario often. If it is caused by a blocked condensate drain that has not been cleaned, that is a maintenance issue, and it is genuinely yours to fix. If it is caused by chilled water pipe insulation that was never installed to specification in the first place, that is a construction defect that was latent from day one, even though it only became visible years later. If it is caused by a slab waterproofing failure, that is a different conversation entirely, and possibly a structural one.
All three look identical from your sofa. Only a proper diagnosis tells them apart, and that diagnosis is what determines whether you pay for the repair or somebody else does.
This is also why “it appeared recently” is not the same statement as “it started recently.” A defect can sit hidden and undetected for years before it ever shows itself.
What to Do, in Order
- Do not repair it yet. Repairing it removes the evidence, and the evidence is what any claim depends on.
- Photograph everything, with dates, before anything is touched or cleaned up.
- Get an independent technical diagnosis. Not a plumber’s opinion on the spot, but a documented, instrument-based finding of the actual cause.
- Establish which of the three routes the diagnosis actually opens for you.
- Check your completion certificate date, since the ten-year structural clock runs from that date specifically.
- Notify the responsible party in writing, promptly, whoever that turns out to be.
- If it is a structural defect, note today’s date. Your three-year claim window starts from the day you discovered it.
- Speak with a UAE-qualified lawyer before spending money you intend to recover later.
What We Find When Owners Call Us After the Window Has Closed
We inspected a property recently where the owner was about two and a half years past handover, with a damp patch on a bedroom ceiling that had already been painted over twice. The developer’s reply had been a single line about the expired DLP, and that was the end of the conversation as far as they were concerned.
Our inspection found the actual source, and it turned out not to be inside the owner’s unit at all. It was a shared riser issue affecting the floor above, which meant the developer’s one-line reply, while technically accurate about the DLP, had simply answered the wrong question.
That is the lesson we keep coming back to with clients in this exact situation. The DLP being expired tells you about one particular clock. It does not tell you what caused the defect, and the cause is what actually decides who pays, regardless of what any single warranty date says on its own.
Frequently Asked Questions
Can I claim defects after the defects liability period has expired in Dubai?
Sometimes, yes. Structural defects remain covered for ten years from the completion certificate, with a three-year window to file once discovered. Latent defects and claims against parties other than the developer may also apply.
What is covered after the one-year warranty ends?
The one-year DLP typically covers general installation and finishing defects. After it ends, structural defects may still fall under the ten-year decennial liability, and defects that could not have been reasonably discovered earlier may qualify as latent defects.
What is decennial liability in the UAE?
It is a ten-year liability period, running from the completion certificate, that holds the developer, contractor, and supervising engineer responsible for defects that threaten the stability or safety of a building, including collapse. It is strict liability and cannot be excluded by contract.
Does the ten-year structural warranty cover a leak?
Only if the leak is genuinely tied to a structural failure, such as a slab waterproofing issue affecting stability. A routine plumbing leak on its own does not typically qualify as a decennial claim.
What is a latent defect and how long do I have to claim?
A latent defect is one that could not have been discovered through a reasonable inspection at handover. Under the new Civil Code, the claim period is one year from delivery, unless your SPA specifies a longer guarantee.
Who pays for defects after the DLP expires?
It depends entirely on the cause. It could still be the developer under decennial or latent defect liability, the Owners Association for common parts, a neighbouring unit, a contractor, an insurer, or in some cases genuinely the owner.
How do I prove a defect existed before the DLP expired?
Through an independent technical diagnosis that identifies the root cause and, where possible, links it to original construction or installation rather than later wear, damage, or lack of maintenance.
How long do I have to file a claim after discovering a structural defect?
Three years from the date of discovery, under both the old and new UAE Civil Code provisions. This clock starts the moment you become aware of the defect, not when it originally occurred.
Before You Pay for It Yourself, Find Out What Caused It
If your DLP has already expired and you have found something that concerns you, the most useful next step is not accepting the bill and it is not another email to the developer either. It is a proper diagnosis of what actually caused the problem, because that single finding determines which of the three routes above, if any, is open to you.
Our water leakage inspection service is where most of these calls start, since water related issues make up the bulk of what owners find after the DLP closes. For structural concerns or anything involving shared building elements, our complete building inspection service goes further. If you bought on the resale market and inherited a DLP that had already run its course, our resale property inspection service is worth a look as well. And if the developer is still within the DLP but has gone quiet on you, our guide on what to do when a developer ignores your snag list covers that escalation path in full. Every diagnosis we produce is carried out by InterNACHI-certified, RERA-approved engineers using thermal imaging, moisture meters, and non-destructive testing. You can read more about our team on the About Us page, or book a diagnostic inspection directly.
