The regulatory provisions governing the relationship between the lessor and the lessee

Show Law Preamble
  • Council of Ministers Decision No. (226) dated 1447/03/24 AH

  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No. 23074 dated 1447/3/22 AH, including the telegram from the Secretariat of the Council of Economic and Development Affairs No. 6248 dated 1447/3/18 AH, regarding the draft regulatory provisions for regulating the relationship between the lessor and the lessee.

  • After reviewing the aforementioned draft regulatory provisions.

  • After reviewing the Real Estate Brokerage Law, issued by Royal Decree No. (M/130) dated 1443/11/30 AH.

  • After reviewing the Civil Transactions Law, issued by Royal Decree No. (M/191) dated 1444/11/29 AH.

  • After reviewing the Council of Ministers decisions No. (405) dated 1437/9/22 AH, No. (292) dated 1438/5/16 AH, and No. (94) dated 1439/2/11 AH.

  • After reviewing memoranda No. (1112) dated 1447/3/19 AH, and No. (1155) dated 1447/3/23 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the minutes prepared by the Council of Economic and Development Affairs No. (47/452/M) dated 1447/3/18 AH.

  • After considering the Shura Council decision No. (1/8) dated 1447/3/22 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (3101) dated 1447/3/23 AH.

  • It is decided:

    • To approve the regulatory provisions for regulating the relationship between the lessor and the lessee, in the attached form.
    • A draft Royal Decree has been prepared accordingly, its text is attached hereto.
  • Prime Minister

  • Royal Decree No. (M/73) dated 02/04/1447 AH

  • By the grace of God Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Pursuant to Article (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 1412/8/27 AH.

  • Pursuant to Article (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 1414/3/3 AH.

  • Pursuant to Article (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 1412/8/27 AH.

  • After reviewing the Shura Council decision No. (1/8) dated 1447/3/22 AH.

  • After reviewing the Council of Ministers decision No. (226) dated 1447/3/24 AH.

  • We decree the following:

    • First: Approval of the regulatory provisions for regulating the relationship between the lessor and the lessee, in the attached form.
    • Second: It is incumbent upon the His Highness the Prime Minister, the Ministers, and the heads of the concerned independent agencies - each within his jurisdiction - to implement this decree.
  • Salman bin Abdulaziz Al Saud

First

  • For the purposes of implementing these Provisions, the following terms shall have the meanings assigned thereto:

    • 1. Real Property: All buildings and lands located within the urban boundary, used for residential or commercial purposes, or both.

    • 2. Total Rent: The rent of the real property and any other monetary amounts paid by the lessee to the lessor pursuant to the lease contract.

    • 3. Authority: Real Estate General Authority.

Second

  • 1. The lessor may not increase the amount of the total rent in lease contracts in force upon the entry into force of these provisions or concluded after their entry into force.

  • 2. If a vacant real property has previously been leased, the amount of its total rent must not exceed the amount of the total rent in the most recent lease contract.

  • 3. The amount of the total rent for a real property that has not previously been leased shall be calculated as agreed between the lessor and the lessee.

Third

  • 1. The lessor shall have the right to object to the amount of the total rent determined based on Clause (Second)(2) of these Provisions, in any of the following cases:

    • a) If the real property has undergone essential structural or foundational restoration works that affected the amount of its total rent.

    • b) If the most recent lease contract of the real property was concluded before 2024.

    • c) Any other cases decided by the Board of Directors of the Authority.

  • 2. The objection shall be submitted to the Authority and decided in accordance with the controls and mechanisms set by the Board of Directors of the Authority.

Fourth

  • If the lessee wishes to renew the lease contract, the lessor may not refuse renewal and obligate the lessee to vacate the real property except in the following cases:

    • 1. Failure of the lessee to pay.

    • 2. The existence of structural defects in the real property that affect its safety and the safety of its occupants, according to a technical report approved by the competent government authority.

    • 3. The lessor’s desire to recover possession of the residential real property for personal use or for use by a first-degree relative.

    • 4. Any other cases decided by the Board of Directors of the Authority, in accordance with the controls and criteria set thereby

Fifth

  • Application of Clauses (Second), (Third), and (Fourth) of these Provisions shall end upon the lapse of five years from the date of their entry into force.

Sixth

  • 1. Application of Clauses (Second), (Third), (Fourth), and (Fifth) of these Provisions shall be limited to real properties in the city of Riyadh.

  • 2. Pursuant to a decision of the Board of Directors of the Authority, following the approval of the Council of Economic and Development Affairs, Clauses (Second), (Third), (Fourth), and (Fifth) of these Provisions may be applied to all, or parts, of other cities, counties, and townships, based on the determinants, indicators, and criteria referred to in paragraph (3) of this Clause.

  • 3. The ministerial committee formed by Council of Ministers Resolution No. 94, dated 11/2/1439H, shall develop the determinants and indicators for the activation, suspension, and escalation of Clause (Second), (Third), (Fourth), and (Fifth) of these Provisions, determine the criteria to be followed when updating such determinants and indicators, and submit its findings to the Council of Economic and Development Affairs within 90 days from the date of entry into force of these Provisions for approval.

Seventh

  • Subject to Clause (First) of Council of Ministers Resolutions No. 405, dated 22/9/1437H, and No. 292, dated 16/5/1438H, the lessor must, in a lease contract not registered in the electronic network for lease services (Ejar), apply to register the contract in Ejar. The lessee may request registration of the contract in Ejar. The other party may object to the contract data before the Authority within 60 days from the date of notification of the registration. If such period lapses without objection, the contract data shall be deemed correct.

Eighth

  • 1. Without prejudice to Clause (Fourth) of these Provisions, the lease contract shall be automatically renewed unless either party notifies the other party of intention not to renew it at least 60 days before the end date of the term of the contract, except for the following cases:

    • a. Fixed-term contracts for which 90 days or less remained of their term upon entry into force of these Provisions.

    • b. Contracts that the parties agree to terminate by mutual consent after the lapse of the deadline specified for submitting the notice of intention not to renew.

  • 2. The Authority may increase the period provided for in paragraph (1) of this Clause in the standard form contracts in a manner consistent with the term and type of lease contract.

Related files
Hide
Related file link

Ninth

  • 1. Any person who violates Clause (Second), (Fourth), and (Seventh) of these Provisions shall be subject to a fine not exceeding the amount of the total rent for 12 months for the real property that is the subject matter of the contract, and correction of the violation in accordance with controls set by the Board of Directors of the Authority, without prejudice to the right of the aggrieved party to claim compensation.

  • 2. The Board of Directors of the Authority shall issue a schedule of violations of Clause (Second), (Fourth), and (Seventh) of these Provisions and the corresponding fines, in accordance with the maximum provided for in paragraph (1) of this Clause. In determining the amount of the fine, the gravity of the violation and its circumstances shall be considered.

Related files
Hide
Related file link

Next section title

Next section content