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Escrow Account for Developers in Dubai

Author 1
Written By Fayas Ismail,
Published on August 10, 2024
Escrow Account for Developers in Dubai

Young and Right Accounting and Tax Consultancy, founded by an experienced accounting professional with over a decade of experience in the UAE's real estate sector, is emerging as one of the best accounting firms in Dubai. The firm focuses in providing tailored consultancy services to real estate developers, ensuring that their financial operations are not only efficient but also compliant with the ever-evolving regulatory landscape of the region. One of the core contributions of Young and Right is escrow account-related consultancy. In Dubai's real estate market, escrow accounts are a critical tool for protecting buyers' funds and ensuring that developers accomplish their obligations. With wide experience in managing and advising on escrow accounts.

Escrow Account Opening Process for Developers

Developers need to complete the applicable project registration and approval procedures before the escrow account can be opened.

DLD's current process includes:

  1. Submit the project registration request through the Oqood portal.
  2. Upload the required project documentation.
  3. Complete the required survey and technical report procedures.
  4. Submit the escrow account opening request to the account custodian.
  5. Complete the project review and approval process.
  6. Pay applicable project registration fees.
  7. Receive the project registration certificate through the electronic system.

Dubai Land Department has also introduced an Initial Registration platform in September 2026, integrating project registration, real estate transaction registration and escrow account management into a more streamlined digital process.

Who Manages the Escrow Account?

The escrow account is managed by an approved account trustee.

DLD explains that the account trustee can be a bank or financial institution licensed by the UAE Central Bank to receive third-party deposits and approved by RERA for this purpose.

The trustee plays an important role in monitoring the account and processing permitted disbursements according to the applicable procedures.

What Money Goes Into the Escrow Account?

Amounts received from purchasers of off-plan units are deposited into the project's escrow account.

Project financing can also be deposited into the account where the applicable requirements are satisfied.

DLD specifically states that amounts received from buyers of off-plan units and project development financing are deposited into the project escrow account.

This means developers should have appropriate systems for identifying and routing relevant project receipts correctly.

Can Developers Use Escrow Funds for Any Business Expense?

No.

An escrow account is not the same as a developer's ordinary operating account.

DLD states that payments from the escrow account are generally intended for project-related payments, including payments to contractors, consultants and marketing activities, subject to the applicable requirements. It also notes that not every expense incurred by a developer is eligible for payment from the escrow account.

For example, DLD's FAQ states that only 5% of total sales can be paid for project marketing purposes under the relevant framework.

Developers should therefore maintain proper project accounting and supporting documentation for escrow-related transactions.

When Can Funds Be Released From the Escrow Account?

Escrow disbursements are connected to the project's construction progress and applicable approval procedures.

When a construction milestone is completed, the developer's project manager can notify the account trustee and submit the relevant payment request. The trustee's engineer may inspect the project to verify the applicable construction stage before payment is released to eligible service providers.

This creates a connection between:

Construction progress → Verification → Escrow approval → Payment

What Is Escrow Account Activation?

Dubai Land Department provides an escrow account activation service that allows a developer to apply for activation of the disbursement mechanism for an off-plan project.

The current DLD procedure is submitted through the Oqood portal and sent to the escrow trustee for review before the escrow account department audits the application.

The service may require items such as:

  • Project payment plan
  • Recent technical report
  • Financial information
  • Evidence relating to developer contributions
  • Financing information where applicable
  • Compliance with project financial risk requirements

DLD currently lists the service as free and indicates a service time of three business days, subject to the stated conditions.

What Is the 5% Retention in a Project Escrow Account?

The escrow framework includes a requirement to retain 5% of the total amount paid into the escrow account for one year after project completion as a guarantee relating to defects that may become apparent after completion.

DLD's FAQ explains that this amount is intended to provide security for addressing defects that are evident at completion or arise during the one-year period after handover.

This retained amount is an important consideration when developers plan the financial settlement of a completed project.

Can a Developer Withdraw Profit From the Escrow Account?

Developers may apply to withdraw surplus project amounts, but this is subject to the applicable requirements and approval procedures.

DLD's current withdrawal process requires the developer to submit an application through the Oqood system. The escrow trustee reviews the financial position and submits the relevant documents for review by the escrow account department.

For a project under construction, DLD's current requirements include conditions relating to:

  • Project status
  • Financial risk and solvency
  • Construction progress
  • Remaining construction costs
  • The 5% project completion escrow amount
  • A recent technical report
  • The developer's commitment to continue development
  • Additional project-related financial obligations

Therefore, developers cannot simply treat purchaser funds in the escrow account as freely withdrawable business profits.

Can an Escrow Account Be Transferred to Another Trustee?

Yes, DLD provides a process for transferring a project's escrow account from one approved trustee to another.

The current transfer procedure can require:

  • Approval from the new trustee
  • No-objection documentation from the previous trustee
  • No-objection documentation from the new trustee
  • Recent technical reporting
  • Transfer of relevant financial information
  • Notification to unit owners about the new escrow account number

The transfer must also satisfy the applicable project and financing requirements.

What Happens When a Project Is Completed?

Once the project has been completed and the applicable requirements have been satisfied, the developer can proceed with the relevant escrow settlement process.

DLD provides a Settlement of the Escrow Account service for developers after project completion.

For certain withdrawals from a completed project, DLD requires evidence of 100% project completion and compliance with the applicable 5% completion escrow requirements.

Escrow Account and Buyer Protection

One of the major purposes of Dubai's real estate escrow framework is to protect the interests of purchasers of off-plan properties.

When purchasing an off-plan property, buyers can consider checking:

  • Whether the project is properly registered
  • The project's escrow account information
  • The developer's registration
  • Project completion status
  • Relevant payment instructions
  • Whether payments are being made through the approved channels

DLD provides project-status information that can help users check development progress.

Buyers should also ensure that they follow the official payment instructions provided for the project.

Escrow Account vs Normal Developer Bank Account

An escrow account should not be confused with a company's ordinary corporate bank account.

Escrow Account Normal Business Account
Created for a specific real estate project Used for general business operations
Used for regulated project funds Used for ordinary company transactions
Subject to DLD/RERA-related oversight Managed under normal banking arrangements
Funds are connected to the relevant project Funds may be used for permitted company expenses
Disbursements are subject to applicable project requirements Business payments are generally managed by the company

This separation is particularly important for developers handling off-plan sales.

Common Escrow Account Mistakes Developers Should Avoid

Developers should take care to avoid issues such as:

Accepting off-plan payments without proper escrow arrangements

The escrow requirements should be addressed before collecting relevant purchaser payments.

Mixing project funds with general business funds

Project receipts should be handled according to the applicable escrow requirements.

Using escrow funds for unrelated expenses

Not every corporate expense qualifies as an escrow payment.

Poor project accounting

Developers should maintain accurate records of collections, construction expenditure, consultant payments and other relevant transactions.

Ignoring construction milestones

Escrow disbursements can depend on verified project progress.

Failing to maintain supporting documents

Contracts, invoices, technical reports, payment schedules and other relevant records should be maintained appropriately.

Escrow Account Compliance Checklist for Dubai Developers

Developers can use this simplified checklist:

Before launching an off-plan project:

  • Register the developer appropriately
  • Register the project
  • Obtain relevant approvals
  • Select an approved escrow account trustee
  • Open the project escrow account
  • Establish appropriate accounting procedures
  • Set up payment collection procedures

During construction:

  • Deposit applicable purchaser payments into the escrow account
  • Maintain project-specific financial records
  • Monitor construction progress
  • Maintain supporting documentation
  • Submit disbursement requests correctly
  • Track project expenditure
  • Monitor financial requirements

At project completion:

  • Confirm completion requirements
  • Address applicable project obligations
  • Maintain the required retained amount
  • Apply for relevant escrow settlement or withdrawal
  • Complete the applicable DLD procedures

Akshaya Ashok
Reviewed By
Fahad Ismail

FAQ

It is a dedicated bank account for a specific real estate development project where relevant payments from off-plan purchasers and project financiers are deposited and managed according to applicable regulations.
The escrow law applies to developers selling off-plan units in Dubai and receiving payments from purchasers or project financiers.
An approved bank or financial institution can act as the escrow account trustee, subject to the applicable DLD/RERA requirements.
The developer can follow the applicable DLD settlement process after completion and satisfaction of the relevant requirements.
No. Escrow funds are subject to specific rules and are generally used for permitted expenses connected with the relevant project.

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