Article 9 of the Saudi Municipal Penalties Regulations
المادة 9 من لائحة الجزاءات عن المخالفات البلدية
Article 9 provides that excesses beyond a building license are removed at the violator's expense; if removal is structurally difficult and the harm can be corrected, he pays half the cost of the violating construction, corrects it, and provides a safety certificate.
Official text (Arabic)
This article has not been amended since the law was issued.
دون الإخلال بالجزاءات المنصوص عليها في المادة (الثانية) من اللائحة، إذا تجاوز المرخص له بالبناء حدود الترخيص تجاوزاً غير متوافق مع المسموح به في أنظمة البناء؛ وذلك بزيادة نسبة البناء على الحد المسموح به في الترخيص، أو بزيادة الأدوار على العدد المرخص به، أو بعدم الالتزام بالارتدادات النظامية، أو بغيرها من التجاوزات؛ فتزال المخالفة على نفقة المخالف. وفي الحالات التي تصعب فيها الإزالة من الناحية الإنشائية لتأثير ذلك على سلامة المبنى -ويمكن تصحيح المخالفة بإزالة الضرر الناتج منها- فيجازى المخالف بدفع نصف تكلفة البناء محل المخالفة مع إلزامه بتصحيحها بإزالة الضرر، على أن يحضر شهادة من مكتب هندسي مؤهل من الوزارة يثبت فيها سلامة المنشآت المقامة.
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 9 explained in plain English
Article 9 deals with the case of a building licensee who exceeds the limits of his license in a way that is not consistent with what the building laws allow. Examples include:
- increasing the building ratio beyond the limit allowed in the license;
- adding floors beyond the number licensed;
- failing to comply with the legal setbacks;
- other excesses.
The principle: The violation is removed at the violator's expense.
The exception: If two conditions are met together:
- removal is structurally difficult because of its effect on the safety of the building, and
- the violation can be corrected by removing the harm resulting from it,
then the violator is penalized by paying half the cost of the construction that is the subject of the violation, and is required to correct it by removing the harm, and to bring a certificate from an engineering office qualified by the Ministry proving the safety of the structures built.
All of this is without prejudice to the penalties provided for in Article 2; that is, removal or paying half the cost does not prevent imposing the fine or the other penalties set by that Article.
It is followed by Article 10, which deals with a different case: a building erected without any license at all. Anyone facing a removal decision or a demand for half the cost may consult a specialized lawyer in real estate and administrative matters.
Practical example
Faisal obtained a license to build two floors in a neighborhood in Riyadh, but he built a third floor. The principle is that the extra floor is removed at his expense. If its removal would affect the safety of the building and the violation can be corrected by removing the harm, he pays half the cost of building the third floor, corrects the violation, and brings a safety certificate from an engineering office qualified by the Ministry, in addition to any penalties that may be imposed under Article 2.
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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Frequently asked questions about Article 9 of the Saudi Municipal Penalties Regulations
What is the penalty for adding a floor beyond the building license?
The principle is that the violation is removed at the violator's expense, without prejudice to the penalties in Article 2.
When does the violator pay half the cost of construction instead of removal?
If removal is structurally difficult because of its effect on the safety of the building and the violation can be corrected by removing the harm, with a safety certificate brought from an engineering office qualified by the Ministry.
Does violating the setbacks require removal?
Failing to comply with the legal setbacks is one form of exceeding the license in which the violation is removed at the violator's expense, subject to the exception in the Article.
Articles this article refers to
More articles on Building Violations and License Overruns
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.