Rules for the Operation of Inspection Companies

Article (1)

The following words and phrases are intended to mean the definitions stated before each of them:
Committee: Committee for the sale or lease of real estate units on the map.
Regulations: The regulations related to the sale or lease of real estate units on the map, issued by the Council of Ministers Decision No. (536) dated 4/12/1437.
Rules: The rules issued by the Committee to organize the work of selling or leasing real estate units on the map.
Activity: The sale or lease of any real estate units on the map, regardless of their purpose, whether residential, commercial, investment, office, service, industrial, tourism, or others, and regardless of the method of their development or construction, in which the developer receives amounts from beneficiaries or project financiers.
Project: The construction works of buildings or the development of land for the purpose of selling or leasing real estate units on the map.
Real Estate Unit: The part segregated from the project, including portions of the undeveloped land if the project is for establishing infrastructure.
Developer: The person licensed to sell, lease, purchase, and develop real estate, as the main developer of the project.
Beneficiary: The buyer or tenant of the real estate unit.
Map: A detailed engineering plan for the real estate units subject to sale or lease, approved by the competent authority.
Certified Accountant: The person licensed to perform accounting and legal auditing activities.
Consulting Office: The licensed engineering supervision office authorized to perform engineering consulting services.
Guarantee Account: The bank account specific to the project in which the amounts paid by beneficiaries and project financiers are deposited.
Account Trustee: The banking institution licensed by the competent authority.
Disbursement Document: A document designed by the developer in coordination with the account trustee, under which disbursement from the guarantee account for the establishment of the project is made.
Inspection: The technical procedure involving inspection and review, and submitting reports to the Committee as stipulated by these rules.

Article 2

1- The purpose of these rules is to regulate inspection companies in projects for the sale or lease of real estate units off-plan.
2- These rules do not violate the regulations related to the sale or lease of real estate units off-plan.

Article 3

The Committee shall contract with any company it deems appropriate for the Inspection through a formal competition initiated by the Committee; for the purpose of carrying out the necessary inspection work for the project, thus enabling the Committee to perform any of its duties or responsibilities in accordance with the regulations and rules. The developer shall bear any costs resulting from this if violations by the developer are found.

Article 4

The inspection generally aims, without limitation, to ascertain the following:
1- The extent of the developer's compliance with the provisions of the regulations, rules, and contracts with the beneficiaries.
2- The extent to which the execution works in the project comply with the approved plans and the scheduled timeline for execution.

Article 5

The Inspection Company shall have access to all contracts related to the project, as well as all reports and correspondence submitted to the Committee by the consulting office, the legal accountant, or the project’s treasurer.

Article 6

The inspection shall be conducted in accordance with the Assignment Decision and may be engineering, accounting, documentary, or a combination thereof. The forms of inspection include, but are not limited to, the following:
1- Inspection of the project on-site at any time, and verification of the status of the works and the percentage of achievement realized in the project.
2- Ensuring that the execution works in the project on-site comply with the approved plans.
3- Reviewing the quantities completed according to the inventory approved by the consulting office.
4- Reviewing the reports and statements submitted by the developer, as well as the periodic reports and statements issued by the consulting office, the account keeper, and the legal accountant.
5- Financial review of the payment requests submitted by the developer to the consulting office, in addition to the disbursement documents.
6- Comparing what has been actually executed in the project with what was planned based on the approved schedule.
7- Carrying out any inspection or audit work requested by the committee, and contracting with any third party for the purposes of executing any of the aforementioned, such as engineering laboratories.
8- Inspecting the development works related to the project after the completion of the constructions or upon delivery, in the case of constructions, and readiness for delivery as per the provisions of the plans and the completed sale contracts.

Article 7

The Inspection Company is obligated to the following:
1- Perform its duties in light of the Committee's assignment.
2- Submit its reports to the Committee, and the Committee may provide any interested party with copies of the inspection reports.
3- Bear any amendments or shortcomings in its work, or in the breach of confidentiality of the information it accessed while carrying out its duties, and the aggrieved party - including the Committee - has the right to seek compensation from the Inspection Company for any consequences thereof.
4- Execute any inspection tasks requested by the Committee, and it is not entitled to contract with any other party to carry out any of its tasks except with the Committee's approval.

Article 8

The committee may amend any provision of these rules, and the amendments shall not take effect until they are published.

Article 9

These rules shall come into effect from the date of their publication.