Law of Real Estate Registration

In this Law, the following terms and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
Law: Law of Real Estate Registration.
Competent Authority: The authority designated as such pursuant to a resolution by the Council of Ministers.
Senior Official: The top official or the board of directors, as the case may be, at the competent authority.
Regulations: Implementing Regulations of this Law.
Real Estate: A lot of land and anything above or beneath it — with the exception of natural resources and heights the construction and exploitation of which are not permitted — and all buildings, fixtures, plants, factories, or other facilities such as ports, airports, power lines, pipelines, and the like, constructed thereon.
Real Estate Right: A legal right enjoyed by one or more natural or legal persons over a particular real estate entitling them to dispose of such real estate or benefit therefrom.
Real Estate Register: A set of documents stating the description, location, physical condition, and legal status of the real estate, as well as any rights, obligations, and modifications thereto, prepared in accordance with legally recognized documents.
Real Estate Registration: Making the real estate subject of the real estate right the basis for registering such right.
First Real Estate Registration: Registering the real estate in the real estate register under the owner’s name for the first time in accordance with this Law and its Regulations.
Real Estate Registrar: A person who conducts the first real estate registration, and any dispositions of the real estate or modifications to its description in accordance with the provisions of this Law and its Regulations.
Real Estate Area: The location of a land determined pursuant to a decision by the competent authority and governed by the provisions of this Law and its Regulations.
Property Registration Deed: A document issued by the real estate register, as per the template specified by the Regulations, establishing that the data of the real estate conforms to the data in the real estate register. Said document shall include the location, boundaries, description, and use of the real estate, and any associated rights and obligations, as well as the owner’s data and any other data specified by the Regulations.
Map: A cadastral drawing based on a national coordinate system indicating the real estate location, boundaries, landmarks, numbers, and area, as well as any other digital and graphic data.
Owner: A natural or legal person whose right of ownership over a real estate is established by the real estate register.
Fee: An amount payable in return for the real estate registration services in accordance with this Law and its Regulations.

This Law shall apply to all real estate located in the territory of the Kingdom.

1. The competent authority shall have jurisdiction over real estate registration; it may seek the assistance of government agencies or assign private entities to undertake any related competencies in accordance with the terms and conditions determined thereby.
2. The competent authority shall establish the real estate register, supervise all matters pertaining thereto, and carry out all relevant procedures.
3. The competent authority shall verify the accuracy of the data of the real estate and of any associated rights and obligations, as stated in the real estate register, as well as any related deeds and documents.
4. The competent authority shall conduct all survey works required for real estate registration in accordance with the Regulations and national geospatial standards approved by the relevant authority. Without prejudice to relevant laws and regulations, modern survey methods, including aerial and satellite imagery and other technologies, may be used in conducting such works. The Regulations shall specify relevant procedures.
5. The competent authority shall be the exclusive owner of the real estate register and its data. It may invest said data for commercial purposes and make it available to beneficiaries at fair prices that promote development, as specified by the Regulations.

1. The real estate register shall have absolute probative force in accordance with the provisions of this Law, and its contents shall suffice as evidence before the judiciary and all other entities without the need for additional evidence. The register may not be challenged unless there is a typographical error or an act of forgery.
2. The real estate register shall include a description of the real estate and all rights in rem and obligations arising therefrom as well as any modifications thereto.

1. Changes to the real estate register or amendments to its data may only be made in accordance with the provisions of this Law and its Regulations.
2. The competent authority shall, upon the request of a party with interest or at its own discretion, correct typographical and material errors, and shall notify the concerned parties of such corrections in the manner specified by the Regulations.

Real estate register data shall be made accessible to the public in accordance with this Law and its Regulations, excluding real estate data designated as confidential by the relevant agencies.

1. A real estate area shall be designated pursuant to a decision by the competent authority. Said decision shall include a precise definition and clear markings of the area and shall specify the period for receiving the applications for first real estate registration; said area shall be announced through any appropriate medium specified by said decision.
2. The competent authority shall be in charge of the first registration of each real estate located in the real estate area as well as of the registration of any subsequent dispositions.
3. Dispositions of real estate located in the real estate area which are made during the period of conducting the first real estate registration shall be documented in accordance with the procedures specified by the Regulations.

1. The first real estate registration must meet the following conditions:
a) The real estate, with the exception of state-owned real estate, shall have a title deed which meets legal requirements.
b) The geospatial data of the real estate shall be complete.
The Regulations shall determine the procedures for the first real estate registration.
2. A person must disclose any documents or data necessary for the validity of the first real estate registration if required by the competent authority.
3. The competent authority shall conduct the survey works necessary for the first real estate registration; it may, instead, use the data related to survey works approved by the relevant authority, if available, as specified by the
Regulations.
4. The property registration deed shall be issued upon completion of the necessary procedures, in accordance with the provisions of this Law and its Regulations.

1. The competent authority shall prepare lists of real estate owners pursuant to the real estate registration deeds issued in accordance with the provisions of this Law; such lists shall include the data of the deeds as specified by the Regulations.
2. The competent authority shall publish the lists of real estate owners, referred to in paragraph (1) of this Article, in the manner specified by the Regulations.

Any party with interest may object to the first real estate registration before the competent court, unless the registration acquires absolute probative force, in accordance with the provisions of this Law.

1. In the event of filing a claim relating to the first real estate registration, as referred to in Article 10 of this Law, a notation to this effect shall be made in the real estate register and the lists of real estate owners, and a summary of the final judgment rendered with respect to this claim shall be included in the register.
The Regulations shall specify the procedures and provisions for making notations in the real estate register and the lists of real estate owners.
2. The first real estate registration shall acquire absolute probative force upon the lapse of one year from the date of publishing the lists of real estate owners. Any person who sustains damage as a result of the first real estate registration after it acquires absolute probative force may resort to the competent court to seek compensation from the person causing the damage, but may not request cancelation of the first real estate registration or modification of its data or the rights provided therein.

Owners of real estate located outside the real estate area may request that such real estate be registered in the real estate register as per the rules and conditions specified by the Regulations.

All dispositions subsequent to the first real estate registration that create, transfer, change, or terminate an original or subordinate right in rem or modify the real estate data, as well as any final judgments establishing any of the above shall be recorded in the real estate register. Said rights shall not be deemed enforceable nor judicially and administratively effective without such registration. Such dispositions shall include real estate division, bequest, endowment, inheritance, pledge, granting, and the like.

A notation must be made in the real estate register for all lease contracts and legally attested obligations relating to the usufruct of real estate if their duration is 10 years or more, and for final judgments establishing any of the above. Any related rights shall not be deemed enforceable nor judicially and administratively effective without such notation.

Each relevant agency shall, in the manner agreed upon with the competent authority, notify the real estate register of the death of a real estate owner and provide it with an official list of heirs.

A notation must be made in the real estate register for claims relating to a real estate right in rem or a disposition requiring registration if such claims require a change in the data of the register. A claim may not be heard except after submission of proof of making such notation in the register.

Any party with interest may file an urgent petition with the competent court to remove the notation referred to in this Article. The court shall order such removal if it finds that the claim is frivolous.

Notations of the claims referred to in Article 16 of this Law shall entail that any right established pursuant to a final judgment rendered in such claims be valid against persons who acquire rights or benefit from entries made in the real estate register after making such notation, provided that the judgment is recorded within 90 days from the date it becomes final.

A notation of the intent to exercise the right of first refusal to acquire a real estate shall be made in the real estate register. If the right of first refusal is established pursuant to a final judgment, it shall be valid against persons who acquire rights or benefit from entries made in the real estate register after making such notation, provided that the judgment is recorded within 90 days from the date it becomes final.

The Regulations shall determine the procedures for recording in the real estate register the judgments referred to in Articles 17 and 18 of this Law.

1. An application for registration or for making a notation in the real estate register shall be filed with the competent authority along with the supporting documents specified by the Regulations. The competent authority shall record the application according to the date and time of filing, as specified by the Regulations. An application for registration shall be deemed null and void if the supporting documents are not provided within 30 days from the date the application is filed. No registration may be made if the real estate register includes encumbrances that prevent the disposition of the real estate.
2. Subject to paragraph (1) of this Article, in case of filing multiple applications with the competent authority to register dispositions relating to the same real estate or make a notation thereof, priority shall be given in the order of recording, as specified by the Regulations.

A person may appeal before the competent authority if his application for registration or for making a notation in the real estate register is rejected, not processed according to the order of recording, or its processing is suspended, provided that such appeal is filed within 30 days from the date of notification thereof. The competent authority shall decide such appeal within 30 days from the date of filing. If the competent authority grants the appeal, it shall order that such registration or notation be made; if it rejects the appeal or fails to decide thereon within said period, an appeal may be filed with the competent court within 30 days from the date of notification of the rejection of the appeal or from the expiry date of the period specified for deciding thereon, whichever is earlier. Subsequent applications may not be considered before deciding on the appeal.

Subject to the provision of Article 20 of this Law, the contents of legally attested documents received from relevant agencies shall be recorded in the real estate register according to the order of their receipt by the competent authority.

The authorities in charge of issuing licenses relating to real estate and the utilization thereof shall notify the competent authority of licenses issued or canceled for real estate located in the real estate area in order to make a notation thereof in the real estate register.

A real estate owner shall notify the competent authority of any change in the description of the real estate due to the construction or addition of new buildings or the modification or demolition of existing ones within 90 days from the date of such change, and the competent authority shall update the data of the real estate register in the manner specified by the Regulations.

The competent authority may, on its own motion, update the data of the real estate register by recording any licensed change made to an existing real estate that is not recorded therein, and shall notify the concerned parties of such update.

A person who sustains damage by the registration of real estate dispositions may petition the competent court for compensation from the person causing the damage.

A usufructuary of a real estate may register any disposition thereof in the real estate register without the permission of the real estate owner, unless agreed otherwise.

1. A real estate unit located in jointly-owned real estate shall have its property registration deed.
2. The joint ownership documents specified by the Regulations shall be
recorded in the real estate register.

The competent authority shall establish a register of off-plan real estate to be linked to the real estate register. The Regulations shall specify relevant procedures.

All dispositions relating to off-plan real estate shall be recorded in the register referred to in Article 29 of this Law, and the register shall issue a certificate to this effect. Such dispositions shall not be deemed enforceable nor judicially and administratively effective without such registration. The Regulations shall determine the registration procedures of such dispositions.

1. A real estate owner shall, within 30 days from the date the off-plan real estate construction is completed, apply for the transfer of the real estate data recorded in the register referred to in Article 29 of this Law to the real estate register, and apply for the issuance of the property registration deed for said real estate, in accordance with the procedures specified in this Law and its Regulations.
2. The real estate data recorded in the register referred to in Article 29 of this Law may, pursuant to a decision by the agency in charge of issuing licenses for dispositions of off-plan real estate, be transferred to the real estate register and a property registration deed may be issued, in accordance with the procedures specified in this Law and its Regulations.

A person who conducts survey works related to real estate registration must be licensed by the relevant agency, and his name must be listed in a register established by the competent authority for such purpose. The Regulations shall determine listing procedures and conditions.

1.The subdivision or merger of a real estate shall be recorded in the real estate register upon the approval of the agency in charge of the subdivision or merger and in accordance with the procedures specified by the Regulations.
2. If a real estate encumbered with a real estate right is subdivided into two real estate units or more, each new real estate shall be fully encumbered with said right, unless the concerned parties agree otherwise.

Without prejudice to first real estate registration being free of charge and to the provision of Article 3(5) of this Law, a fee shall be charged for real estate registration services as per a schedule created by the competent authority and approved pursuant to a resolution by the Council of Ministers.

Without prejudice to any harsher penalty prescribed in any other law, a person who commits any of the following shall be subject to a fine of not more than 100,000 riyals:
1. Failure to disclose any documents or data required for the validity and integrity of the first real estate registration, as referred to in Article 8(2) of this Law.
2. Obstruction of the competent authority’s work relating to real estate registration.
3. Failure to provide the notification referred to in Article 24 of this Law.
4. Failure to file the application referred to in Article 31(1) of this Law within the period specified therein.
5. Failure to file an application for the first real estate registration of his real estate within the filing period specified in Article 7(1) of this Law.

1. A committee or more shall be formed pursuant to a decision by the senior official and shall be composed of a minimum of three members, provided that at least one of its members is a holder of a university degree in Sharia or law.
2. The committee shall be in charge of reviewing the violations and imposing the penalties stipulated in Article 35 of this Law.
3. Committee work rules and procedures and the remuneration of its members shall be determined pursuant to a decision by the senior official.
4. Committee decisions may be appealed before the Administrative Court within 60 days from the date of knowledge thereof.

A real estate registrar shall meet the following requirements:
1. He shall hold a university degree in Sharia or law.
2. He shall not have been previously convicted of a crime involving moral turpitude or dishonesty, even if his record is expunged.
3. He shall pass a training course in the Law of Real Estate Registration in the manner specified by the Regulations.
4. Any other requirement specified by the Regulations.

The competent authority shall, in agreement with the Ministry of Justice, issue the Regulations within 90 days from the date this Law is published in the Official Gazette. Said Regulations shall enter into force on the date this Law enters into force.

This Law shall supersede the Law of Real Estate Registration issued by Royal Decree No. M/6, dated 11/2/1423H, and shall repeal all provisions conflicting therewith.

This Law shall enter into force 90 days from the date of its publication in the Official Gazette.