Implementing Regulation of the Law of Ownership of Real Property Units and Plotting thereof - 1424

Article 1

The building is classified into real estate units according to the approved plans and licenses issued by the relevant municipality. As for buildings for which no plans or licenses have previously been issued, or where the license does not specify the possibility of subdivision and classification, they will be classified after conducting a topographic survey of the unit and providing a certified certificate from an accredited engineering office confirming the structural safety of the building.

Article 2

The owner has the right to subdivide one or more Real Estate Units from his land deed into a separate deed that specifies all information about the location of the Real Estate Unit, its area, its serial number in the building, the floor (ground or upper), its share of the undivided common parts of the entire building, and its share of the divisible common parts that are exclusively beneficial to another residential unit or more, after obtaining the approval of the relevant municipality.

Article 3

The common parts of the Real Estate that cannot be divided among the owners cannot be acted upon by the owner in a share independent of the part that he owns separately. The action regarding the separated part includes the share of the actor in the common parts that cannot be divided.

Article 4

The owner has the right to act upon the designated portion allocated to him and to use or exploit it in a manner that does not conflict with the agreed-upon allocation, provided that he does not undertake any actions that would harm the rights of the other owners.

Article 5

Every owner has the right to use the common parts for the purposes designated for their benefit, while respecting the rights of other owners.

Article 6

No owner shall undertake any action that threatens the safety of the building, alters its shape or external appearance, or constitutes misuse of it.

Article 7

The owner has the right to change the use of their property after obtaining the written approval of the homeowners' association and the issuance of the necessary license approving the modification from the relevant municipality.

Article 8

The owners shall bear the expenses of maintaining, preserving, and managing the common areas, each in proportion to their share in those areas. As for the common areas that pertain to certain owners, the expenses shall be distributed among the beneficiaries according to their rate of benefit or based on the proportion of the areas owned by them, as determined by the owners' association.

Article 9: Transfer of Ownership

1- The owner shall submit a request for the subdivision of the Real Estate Unit to the relevant municipality, accompanied by a copy of the Title Deed, a copy of the approved building plans, and the building permit. For buildings that do not have a building permit issued, it is sufficient to provide a sketch that specifies the location and a survey for the Real Estate Unit to be subdivided.
2- The municipality – after completing all necessary requirements for the subdivision – shall verify the submitted documents and ensure that all data related to the total area, neighbors, street name, apartment number, number of floors, and building number, etc., are complete.
3- The municipality shall refer the request for the subdivision of the Real Estate Unit to the Notary Public to complete the necessary procedures for issuing the ownership document for the subdivided property according to the legally followed procedures.

Article 10: Formation of the Owners' Association

1- Owners may, by a majority of shares, form an Owners' Association to manage the Real Estate and ensure its proper utilization. They are required to establish the association if the number of units is ten or more and the number of owners is five or more.
2- The Owners' Association shall have an independent financial status and shall be registered with the Ministry of Labor and Social Affairs. Disputes arising among the owners shall be resolved by the competent authorities.
3- The decisions of the association are binding on its members and effective against third parties from the date of their registration with the Ministry of Social Affairs.*
4- If the owners do not establish an Owners' Association, the competent municipality may take the necessary measures issued by the competent authority at the Ministry of Municipal and Rural Affairs.*
5- If multiple persons jointly own a floor, apartment, or building within a group of buildings, they shall be considered as one owner concerning membership in the association. They must appoint a representative to act on their behalf in the association.

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