Rules and Mechanism for the Operation of Committees Reviewing Real Estate Ownership Requests

Article 1

  • The following words and phrases - wherever they appear in these regulations - shall have the meanings specified next to each of them unless the context requires otherwise:

    • The Panel: State Properties General Authority.

    • The President: Chairman of the Board of Directors of the Panel.

    • The Governor: Governor of the Panel.

    • Committees / Committee of Review: The committees formed under paragraph (1) of item (Second) of Royal Order No. (56708) dated 17/10/1441 AH.

    • Review Committee: The committee formed under paragraph (3) of item (Second) of Royal Order No. (56708) dated 17/10/1441 AH.

    • The Secretariat: General Secretariat for the Committees reviewing claims for real estate ownership (Ihkām).

    • The Member: Member of the Committee / Committees reviewing claims for real estate ownership or completing or amending establishment of title deeds.

    • The Regulations: Regulations and mechanisms for the work of the Committees reviewing claims for real estate ownership.

    • Claim for Ownership: Claim for ownership of real estate that has not previously been adjudicated by a final judgment.

    • Claim to Complete Establishment of Title Procedures: Claim to amend or add missing data or complete the legal procedures for establishment of title deeds issued prior to Royal Order No. (A/218) dated 25/03/1441 AH, which requires the necessary procedure to apply the establishment of title instructions.

    • Claim for Formal Amendment: Claim to amend or add missing data to establishment of title deeds issued prior to Royal Order No. (A/218) dated 25/03/1441 AH, which does not require the necessary procedure to apply the establishment of title instructions.

    • Official Document: A document in which a public employee or a person assigned to public service records what has been done by them or what they have received from the concerned parties, in accordance with legal procedures, within the limits of their authority and jurisdiction, indicating possession of the real estate subject to the claim.

    • Ordinary Document: A document that does not meet the conditions stated in the official document as long as the concerned parties have signed it.

    • Possession: The act of the person in possession of the real estate as an owner.

    • The Applicant: The person with natural or legal personality.

Jurisdiction

Article 2

  • The committees apply these rules, which are applicable to all claims submitted on the (Ihkam) platform for the ownership of real estate or the completion of title deeds for the establishment of title or their modification, which are under the jurisdiction of the committees formed in accordance with Royal Order No. (56708) dated 17/10/1441 AH.

Article 3

  • Formation of Review Committees and Their Competencies:

    • The review committees at the State Properties General Authority are formed by a decision from the Chairman of the Council, consisting of six members with expertise, competence, and experience, chaired by a representative of the Authority and including representatives from the Ministries of (Interior, Justice, Environment, Water and Agriculture, Municipal and Rural Affairs and Housing, Finance).

    • The committees are responsible for reviewing the following:

    • 1- Ownership claims, which include the following requests:

      • A- Those for which the owners have not previously submitted a claim for ownership of the real estate to the court.

      • B- Those for which the owners have previously submitted a claim for ownership of the real estate to the court and no final judgment has been issued regarding them.

    • 2- Requests to complete the procedures for the establishment of title deed, which require the necessary procedure to apply the establishment of title instructions, such as completing the writing to the legally specified authorities, or announcing in the newspaper, or adding lengths and area, or amendments that affect neighbors.

    • 3- Requests for formal amendments, which do not require the necessary procedure to apply the establishment of title instructions, such as adding area, adding or modifying the civil registry, adding or modifying the street width, and similar matters.

    • 4- Requests to amend title deeds issued to prove ownership of real estate located within the boundaries of the Two Holy Mosques prior to the Royal Order No. (A/218) dated 25/03/1441 AH, provided that these deeds have acquired final status and require amendment, addition, or completion of legal procedures of any kind or adding missing data regarding them without resulting in an increase in the area of the real estate.

    • 5- Requests for correction or addition to ownership deeds located within the boundaries of the Two Holy Mosques issued before the Royal Order No. (13926) dated 01/09/1428 AH, and in all cases, no correction or addition shall result in an increase in the total area of the real estate.

Filing and Registering Claims

Article 4

  • Conditions for Accepting the Claim:

    • 1- The claim must be submitted before the date 1444/05/5 AH.

    • 2- The real estate subject to the claim must not be within the areas where ownership cannot be acquired legally or by virtue of orders, decisions, and instructions, including: (the boundaries of the Two Holy Mosques, the holy sites and their buildings, coastal lands and the sea's sanctum, fish farming projects, the sanctum of borders and national reserves, lands of public parks, wildlife reserves, mountain peaks, grazing and forest lands, riverbeds, flood channels, and archaeological sites, areas reserved for hydrocarbon materials, mining, and energy, mineral resource sites, electricity routes and stations, water source areas and dam basins and their sanctums, public properties issued with deeds, public facilities and services).

    • 3- The real estate subject to the ownership claim must have been developed before the prohibition order on development issued by Royal Order No. (21679) on 09/11/1387 AH.

    • 4- A deed of ownership that has acquired final status, in the case that the claim is to complete the procedures for the establishment of title deed or a request for formal amendment.

    • 5- The owner of the property must submit a declaration of his consent to the planning, and that he will not demand compensation, or oppose any of the related procedures.

Article 5

  • Applications for ownership of Real Estate or the completion of title deeds for the Establishment of Title or their modification shall be submitted on the (Ihkam) platform, by filling out the approved forms and the required admissions as determined by the authority.

Article 6

  • The documents and papers required for Ownership applications are as follows:

  • 1 - Official documents, which include the following types:

    • A- Judgments, decisions, and deeds issued by the courts and notary offices that establish possession of the real estate without proving ownership, including sale deeds, deeds of proof of ruins, deeds of litigation, deeds of settlement, deeds of proof of jurisdiction, settlement, deeds of neighbors, and temporary ownership deeds.

    • B- Grant and endowment orders issued by the Royal Highness.

    • C- Decisions, notices, licenses, and contracts issued by government entities, including agricultural decisions, service connection notices, municipal licenses, and documents for the assessment and collection of zakat.

  • 2 - Ordinary documents, which include the following types:

    • A- Documents related to transactions between natural or legal persons, evidencing ownership through sale, gift, or waiver.

    • B- Documents of division by tribal leaders, tribal settlements, and ordinary division papers.

    • C- Ownership deeds issued before the establishment of Saudi courts that do not have records preserved in the court.

    • D- If a document is received that is not mentioned in paragraphs (A) and (B) of this article, the committees will take charge of describing it, determining its type, and assessing its acceptability.

Article 7

  • The applicant is treated regarding the documents and papers related to the claim for ownership of the new real estate according to the following conditions:

    • 1- For those who have not previously submitted a claim for ownership of the real estate to the court, their official documents indicate possession of the real estate in all cases, while ordinary documents have varying indications of possession depending on their types.

    • 2- For those who have previously submitted a claim for ownership of the real estate to the court and have not been issued a deed with final status, they must attach the transaction number and the name of the court to which they previously submitted, and they may attach the complete transaction papers along with any other documents indicating ownership or possession.

    • 3- For those who have been issued a deed of ownership that was later canceled or annulled, it is required for it to be used as evidence of ownership or possession that it does not state the lifting of possession, and that no subsequent judgment has been issued to lift possession based on the annulment or cancellation decision.

    • 4- For those who have received a final judgment regarding their claim for ownership of the real estate dismissing or rejecting the case, it does not fall outside two scenarios:

      • A- If the judgment was due to a formal or procedural matter, they may use the judgment as evidence of ownership and possession.

      • B- If it was due to a substantive matter in any case, they may not use the judgment as evidence.

Article 8

  • The committees may request the original documents from their holders, or verify the validity of their issuance and effectiveness when necessary, either by directly requesting them if they are in the possession of the applicant, or by verifying their validity and effectiveness from the issuing authority, in coordination with the relevant government entities.

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