Implementing Regulation of the Law of Real Estate Registration - 1425

Definitions

Article 1

1/1 Real Estate Registration: It is the method that makes the Real Estate Unit the subject of the right, which serves as the basis for recording real estate rights, such that a record is allocated in the Real Estate Register for each Real Estate Unit, in which the unit is described accurately in terms of its location, area, and nature, and the rights and obligations pertaining to it are indicated.

General Provisions

Article 2

  • 2/1 A committee shall be formed under the chairmanship of the Assistant Undersecretary of the Ministry of Justice or his delegate, and shall include two members from specialists in the Ministry of Justice, and two members from specialists in the Ministry of Municipal and Rural Affairs. Its meetings shall be held at the Ministry of Justice upon the invitation of its chairman as needed, and it shall undertake the following tasks:

    • A. Proposing the cities and real estate areas where the law will be implemented and the necessary plans for its execution.

    • B. Identifying cases where it is difficult to apply the regulations of the real estate unit.

    • C. Providing opinions on matters referred to it by the Minister of Justice and the Minister of Municipal and Rural Affairs regarding the Real Estate Registration Law.

    • The committee may, in order to carry out its assigned tasks, seek assistance from any experts and other relevant authorities it deems appropriate.

  • 2/2 When registering real estate owned by non-Saudis in the Real Estate Register, it must be documented in accordance with the regulations and instructions applicable to them.

Article 3

3/1 The absolute proof power of the register does not prevent the correction of material errors in the Real Estate Register even after the expiration of deadlines, as stated in Article (52) of this Law.
3/2 The consideration of the contests mentioned in this article shall be by the Court that has jurisdiction over the place of residence of the Defendant; if the Defendant does not have a chosen or habitual place of residence, the jurisdiction shall be with the Court that has jurisdiction over the area where the Real Estate is located.
3/3 Anyone contesting the violation of the data in accordance with the requirements of Sharia principles or its forgery may submit to the Court even if this has not been proven before another authority.
3/4 The contest regarding the forgery of the data in the Real Estate Register shall be submitted and considered in accordance with the Civil Procedures Law.
3/5 The assessment of the violation of the data in accordance with the requirements of Sharia principles shall be referred to the Judge.
3/6 A notation must be made regarding the claim of forgery or the violation of the data in accordance with the provisions of Article (40) of this Law.

Article 4

  • 4/1 To consider a piece of land as a real estate unit, the following conditions must be met:

    • A. It must be located in a single real estate area.

    • B. It must be owned by one or more persons in common, whether they are natural or legal persons.

    • C. No part of it should be separated from the other parts by a barrier of public or private ownership.

    • D. No part of it should have rights that are not applicable to the other parts.

    • E. Its dimensions and area must not be less than what is stated in the regulations governing this.

  • 4/2 A piece of land designated for public benefit is considered a real estate unit according to the provisions of this law if it is owned by the state and designated for public use by virtue of a regulation, royal order, decision, or final ruling. Roads, streets, pathways, and similar areas are not considered under the provisions of this article, and it suffices to mention them as boundaries in the maps and property unit records that overlook them.

  • 4/3 The term "mines" refers to places that contain mineral materials and their ores, chemical elements, precious stones, rocks, and mineral deposits found on the surface of the land or beneath it, including oil and gas wells.

  • 4/4 The term "quarries" refers to places that contain one or more materials from quarry resources such as construction and paving materials, decorative stones, tiles, industrial stones, glass sands, and similar materials.

  • 4/5 A multi-unit and multi-story real estate is considered a single real estate unit.

Article 5

It is permissible by a decision of the Minister of Justice - after agreement with the Minister of Municipal and Rural Affairs - to designate an area of residence or other areas as a Real Estate Unit in its entirety, for which a Public Cadaster shall be allocated, in cases where it is difficult to apply the regulations of the Real Estate Unit. A special index shall be prepared for the registration of transactions and rights related to these areas, arranged according to the names of individuals, and attached to the relevant cadaster.
5/1 The determination of cases where it is difficult to apply the regulations of the Real Estate Unit is subject to the discretion of the Committee mentioned in item (2/1) either on its own initiative or based on a recommendation from the Judge supervising the First Entry.
5/2 If it becomes possible to apply the regulations of the Real Estate Unit after the difficulties have been resolved, a separate cadaster must be allocated for each Real Estate Unit.
5/3 The Public Cadaster is a property register that includes data about the area considered as a single Real Estate Unit, and a special index is added to it, arranged according to the names of the owners.

Article 6

  • 6/1 The Real Estate Register for each area consists of several registers and files that complement each other, which are:-

    • أ. Ownership Register: This is the main register to which the real estate sheets are appended, and it consists of a file that is increased according to circumstances. The register is assigned the area number, even if it is multiple, with the first and last sheet numbers mentioned on the file's spine.

    • ب. File of Survey Maps.

    • ج. Register of Determination and Liberation Minutes.

    • د. Journal Book: This is a book containing a number of numbered pages in which registration requests are recorded immediately upon submission to the Real Estate Registration and Documentation Department.

    • هـ. Files of Real Estate Units.

  • 6/2 Each area of the Kingdom is assigned a unique sequential number, and each city, governorate, or center within each area is given a sequential number added to the area number. Cities, governorates, and centers are divided - as appropriate - into real estate areas, each assigned a sequential number linked to the city, governorate, or center number, and this number serves as the real estate area register number.

  • 6/3 Each real estate unit is assigned a unique number according to the spatial coding system, and this number is considered the number for its sheet.

Article 7

7/1 Upon the transfer of ownership of any real estate unit, the personal index record of its owner shall be removed if there are no other records in it. If there are more than one unit in the record, or if the action pertains to a part of the unit, a notation shall be made on the transferred unit indicating cancellation, and a new independent record shall be created for the new owner unless they have a previous record. In all cases, the index shall be rearranged according to the new alphabetical order.
7/2 The removed indexes shall be preserved and disposed of in accordance with the document preservation and disposal system.

  • 7/3 The personal index shall be in the prepared format and shall include the following data:

    • A. The owner's full name and their civil registration number.

    • B. The numbers of the real estate units owned by them in the register.

    • C. The signature of the index preparer.

  • 7/4 A copy of this index shall be sent at the end of each year to the relevant authority in the Ministry of Justice and the Ministry of Municipal and Rural Affairs.

Article 8

  • 8/1 The reasons for acquiring real rights are as follows:

    • A. Contracts of exchange such as Sale and expropriation.

    • B. Donation contracts such as gift, Endowment, and Will.

    • C. Notarization contracts such as Mortgage.

    • D. Inheritance.

    • E. Easement.

    • F. Reclamation in accordance with the laws and regulations governing it.

    • G. Granting of land.

    • H. Preemption.

  • 8/2 The rights mentioned in item (8/1) shall not be registered in the Real Estate Register unless they are obtained in accordance with the legal and regulatory procedures.

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