Rules of Beneficiaries' Rights and Developers' Obligations

Article 1

  • The following words and phrases are defined as follows:

  • Committee: The 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 AH.

  • 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 or land development aimed at selling or leasing Real Estate Units on the Map.

  • Real Estate Unit: The part segregated from the project, including portions of 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 of the Real Estate Units subject to sale or lease, approved by the competent authority.

  • Project Register: The register maintained by the Committee to organize and document contracts for the sale or lease of Real Estate Units on the Map in licensed projects, and the actions related to them.

  • Guarantee Account: The bank account specific to the project where the amounts paid by beneficiaries and project financiers are deposited.

Article 2

  • 1- These rules aim to clarify the rights of beneficiaries and the obligations of developers in projects related to 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

Article 4

Article 5

  • The area of the Real Estate Unit according to the engineering plan attached to the Contract with the beneficiary, and registered in the project register, is the contracted area. If it becomes apparent to the beneficiary upon delivery of the unit that its actual area is less than the contracted area or more, according to engineering requirements, work progress, and the beneficiary's needs, as well as the relevant official regulations and rules after the Committee's approval, the price of the unit or its rent shall be adjusted in proportion to its actual area based on the price per square meter recorded in the register if the difference is more than 5% of the area of the unit.

Article 6

  • 1- The developer is obligated to establish a homeowners' association specific to the project according to the Real Estate Unit Ownership and Division System.

  • 2- The developer and the beneficiaries are obligated to adhere to the Real Estate Unit Ownership and Division System, its executive regulations, and the provisions stipulated by the homeowners' association.

  • 3- The developer represents the homeowners' association until the real estate unit is delivered to the beneficiary, at which point the homeowners' association will then consist of all beneficiaries, including the developer for the undelivered real estate units.

Article 7

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

Article 8

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