Article 5 of the Saudi GCC Nationals Real Estate Ownership Statute
المادة 5 من تنظيم تملك مواطني دول المجلس للعقار في الدول الأعضاء بمجلس التعاون لغرض السكن والاستثمار
The article provides that the regulation does not affect any better rights for GCC nationals that were in force when it was approved or that the member states grant in future.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يخل هذا التنظيم بأية حقوق أفضل سارية وقت إقراره أو التي تمنحها كل أو بعض الدول الأعضاء في المستقبل.
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 5 explained in plain English
This article is a protection of the gains of GCC nationals: the regulation sets a minimum level of rights in owning real estate, and is not intended to reduce anything that is better than it.
The protection covers two types of rights:
- Better rights in force when the regulation was approved: if a member state granted GCC nationals wider rights before it was issued, they do not fall away because of it.
- Better rights granted in future: all or some member states may later grant better rights, and the regulation is not an obstacle to this.
This means that the restrictions in the regulation, such as the deadline for building on land in Article 2 and the restrictions on disposal in Article 3, are not applied if there are better provisions for the GCC national in the state concerned. The article does not state what these better rights are, so reference should be made to each state's laws and decisions to find out.
Anyone who believes he has a better right than the regulation gives would do well to consult a lawyer specialized in real estate cases to check the laws in force.
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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Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
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Frequently asked questions about Article 5 of the Saudi GCC Nationals Real Estate Ownership Statute
Does this regulation cancel the better rights GCC nationals already had?
No. The regulation does not affect any better rights that were in force when it was approved.
May a Gulf state grant wider ownership rights in future?
Yes. The regulation does not affect better rights that all or some member states grant in future.
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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.