Controls on the Ownership of Real Estate in the Kingdom by Listed Companies, Investment Funds, and Special Purpose Entities

Show Law Preamble
  • Capital Market Authority Board Resolution No. (1-8-2026) dated 1447/08/02 AH

  • The Board of the Capital Market Authority

  • Based on the Capital Market Law issued by Royal Decree No. (M/30) dated 1424/6/2 AH.

  • Decides the following:

    • A- Approving the regulations for ownership of listed companies, investment funds, and special purpose entities for real estate in the Kingdom, according to the attached form, effective from the date of enforcement of the Law of Real Estate Ownership by Non-Saudis issued by Royal Decree No. (M/14) dated 1447/1/19 AH.
    • B- The regulations for ownership of listed companies, investment funds, and special purpose entities for real estate in the Kingdom approved pursuant to paragraph (A) of this resolution shall replace the regulations concerning the exemption of listed companies in the Saudi Financial Market from the meaning of the term "non-Saudi" in accordance with the Law of Real Estate Ownership and Investment by Non-Saudis issued by the Authority Board Resolution No. (3-14-2025) dated 1446/7/22 AH corresponding to 2025/1/22 AD.
    • C- Announcing the content of paragraphs (A) and (B) of this resolution on the websites of the Authority and the Saudi Tadawul Company electronically.
  • Chairman of the Board of the Capital Market Authority

  • Mohammed bin Abdullah Al-Qwaiz

First: Definitions

  • For the purpose of applying these Controls, the following words and phrases, wherever mentioned

    in these controls, shall have the meanings they bear as follows, unless the context requires

    otherwise:

  • Real Estate Ownership by Non-Saudis Law: The Law of Real Estate Ownership by Non-

    Saudis issued by Royal Decree No. (M/14), dated 19/1/1447H.

  • Controls: The special controls on the ownership of real estate in the Kingdom—including the

    cities of Makkah and Madinah—by listed companies, investment funds, and special purpose

    entities, in accordance with Article 4 of the Real Estate Ownership by Non-Saudis Law.

  • CMA: The Capital Market Authority.

  • Foreign Strategic Investor: The foreign strategic investor in accordance with the Rules for

    Foreign Investment in Securities.

  • Listed Companies: A company listed in the Saudi Stock Exchange established in accordance

    with the Companies Law.

  • Investment Funds: a collective investment scheme aimed at providing investors therein with

    an opportunity to participate collectively in the profits of the scheme which is managed by a

    fund manager for specified fees.

  • Special Purpose Entities: an entity established and licensed under the Rules for Special

    Purposes Entities.

  • Capital Market Institutions: a person authorised by the CMA to carry out securities business.

second: controls

  • A) Listed companies, as well as investment funds and special purpose entities licensed under the

    Capital Market Law, may own real estate or acquire other real rights over real estate, in the

    Kingdom—including the cities of Makkah and Madinah—in accordance with these Controls.

  • B) When listed companies own real estate or acquire other real rights over real estate located

    within the borders of the cities of Makkah and Madinah, such real estate must be allocated to

    their headquarters or the headquarters of their branches, and the property must be fully used

    for such purpose.

  • C) As an exception from paragraph (B) of this Article, listed companies may own real estate or

    acquire other real rights over real estate located within the borders of the cities of Makkah and

    Madinah for a purpose other than the purpose described in paragraph (B), provided that the

    following conditions are met:

    • 1) The foreign strategic investor shall not own – at all times – the shares of the listed company

      or the convertible debt instruments of the company.

    • 2) The ownership of natural and legal persons jointly who do not hold Saudi nationality shall

      not – at all times – exceed 49% of the shares of the listed company or the convertible debt

      instruments of the company.

  • D) Capital Market Institutions may accept subscriptions from natural and legal persons who do

    not hold Saudi nationality in investment funds that invest part or all of their assets in real estate

    located within the Kingdom, including the cities of Makkah and Madinah.

  • E) Investment funds and special purpose entities must comply with the Law of Real Estate

    Ownership by Non-Saudis and its Implementing Regulations when dealing with in-kind

    redemption requests or upon the termination or liquidation of the fund.

Third: final provisions

  • A) These Controls shall not prejudice the obligation of foreign investors, listed companies,

    investment funds, special purpose entities, and Capital Market Institutions to comply with the

    relevant laws, regulations, and instructions, especially the Law of Real Estate Ownership by

    Non-Saudis and its Implementing Regulations, whether when listed companies, investment

    funds, or special purpose entities conduct their activities or when they are liquidated.

  • B) These Controls shall not prejudice ownership rights or other real rights over real estate lawfully

    acquired by listed companies, investment funds, or special purpose entities prior to the entry

    into force of these Controls.

Fourth: Publication and Entry into Force

  • These Controls shall enter into force as of the effective date of the Real Estate Ownership by

    Non-Saudis Law.