Article 10 of the Saudi Eminent Domain Implementing Regulations
المادة 10 من اللائحة التنفيذية لنظام نزع ملكية العقارات للمنفعة العامة ووضع اليد المؤقت على العقار
The article provides that the owner of developed land who requests its planning or subdivision is not compensated for what is taken from it within the statutory percentage, nor for what exceeds it if at his request or with his consent.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا طلب مالك الأرض المنماة تخطيطها أو تقسيمها فلا يعوض عما يقتطع منها لذلك في حدود النسبة النظامية، ولا يعوض إذا كان تجاوُز النسبة النظامية بناءً على طلبه أو موافقته.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 10 explained in plain English
This article deals with the case in which the owner himself is the applicant, that is, he requests the planning or subdivision of his developed land.
The rule:
- Within the statutory percentage: no compensation is paid for what is taken from the land for planning or subdivision. Under Article 1, the statutory percentage is the free area taken from the whole area of the land to be planned, to serve it.
- Above the statutory percentage: no compensation is paid either if exceeding the statutory percentage is at his request or with his consent.
In practical terms, someone who requests the subdivision of his developed land into parts, which requires creating streets to serve them, bears the taking of the statutory percentage without payment, because the taking here is to serve his land and at his request. If he agrees to a plan that takes more than the statutory percentage, he has no right to compensation for the excess.
It is understood from the wording that an excess that is not at the owner's request or with his consent does not fall within the second part of this article, and the article does not state its rule. It differs from Article 9, which deals with a main road passing through developed land, where compensation is paid for what is taken and what is on it.
Before agreeing to a plan that exceeds the statutory percentage, the owner should consult a lawyer specializing in real estate cases.
Practical example
Salman requested the subdivision of his partly built land in Khobar into plots for sale, which required internal streets. What is taken for the streets within the statutory percentage is not compensated, and if he agrees to a plan that exceeds that percentage, there is no compensation for the excess.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Mohammed bin Saleh Al-Qarawi Law and Notary Office, Riyadh
Frequently asked questions about Article 10 of the Saudi Eminent Domain Implementing Regulations
Am I compensated for streets if I request the subdivision of my developed land?
The owner is not compensated for what is taken within the statutory percentage if he is the one who requested the planning or subdivision.
What if the taking exceeds the statutory percentage?
He is not compensated either if exceeding the statutory percentage is at his request or with his consent.
More articles on Compensation for Cuts for Roads and Planning
- Article 7
The article provides that the owner of land of ten thousand square meters or less is compensated, by the project-owning authority, for the whole area taken to build main road networks.
الأراضي المملوكة البالغة مساحتها (10.000 م2) عشرة آلاف متر مربع فأقل يتم التعويض عن كامل المساحة المقتطعة لتنفيذ شبكات الطرق الرئيسة من قبل الجهة صاحبة المشروع.
- Article 8
The article provides for compensating the owner of planned white land from which the statutory percentage was taken and which a main road then crosses, unless the remaining undeveloped area exceeds ten thousand meters.
الأراضي البيضاء (الفضاء) المملوكة التي سبق أن اعتمدت وزارة الشؤون البلدية والقروية مخططها وأخذت النسبة النظامية منها، ثم مر بها طريق رئيس معتمد، يعوض مالكها عن
- Article 9
The article provides that when a main road passes through developed land, of whatever kind of development, compensation is paid for the areas taken and for the buildings, facilities and plantings on them.
في حالة مرور طريق رئيس ضمن أراض منماة - أيًّا كان نوع التنمية - يتم التعويض عن المساحات المقتطعة وما يوجد عليها من مبانٍ ومنشآت وغراس.
- Article 11
The article details the landowner's entitlement to compensation for what is taken for planning or main roads, inside and outside the development protection boundary, according to the statutory percentage or the 12% rate and the ten-thousand-square-meter limit.
يستحق مالك الأرض التعويض عما يقتطع لمصلحة التخطيط أو لتحديد وتنفيذ شبكات الطرق الرئيسة، وفقاً لما يأتي : أولاً : بالنسبة إلى ما هو واقع داخل حدود حماية التنمية
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.