Article 44 of the Saudi Municipalities Law
المادة 44 من نظام البلديات والقرى
If a person refuses to carry out the municipality's orders issued under its legal powers, it may, by order of its head, carry them out at that person's expense within the limits of the law, and the penalty for the refusal remains.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا امتنع أي شخص عن تنفيذ أوامر البلدية الصادرة بموجب صلاحياتها النظامية، فيجوز أن تقوم البلدية بأمر رئيسها بالتنفيذ على نفقة الممتنع في حدود النظام، مع عدم الإخلال بما يترتب على الامتناع من جزاء.
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 44 explained in plain English
This article gives the municipality a means of ensuring its orders are carried out, usually called 'execution at the expense of the refusing party'.
Conditions for application:
- There must be an order issued by the municipality under its legal powers; an order outside its powers is not covered by the article.
- The person must refuse to carry it out.
- An order from the head of the municipality to carry it out must be issued.
- The execution must be within the limits of the law.
The effect:
- The municipality may carry out the required work itself, at the expense of the refusing party.
- This does not relieve the person of the penalty resulting from the refusal; execution at their expense does not replace the penalty.
The article uses the word 'may', so execution at the refusing party's expense is an option open to the municipality, not a duty. The article does not set a period for compliance before execution, or how the cost is calculated or collected.
It is followed by Article 45, which allows the head of the municipality to suspend licenses and permits temporarily if their holder violates their contents, and to cancel them after the municipal council's approval. The preceding Article 43 concerns agreements between municipalities.
Anyone who believes the municipality's order was issued outside its powers, or that the cost demanded from them is incorrect, should consult a lawyer specialized in administrative cases.
Practical example
The municipality ordered a property owner in Dammam to remove construction waste left on the public street, and the owner refused. Under this article the municipality may, by order of its head, remove the waste itself at the owner's expense within the limits of the law, and the penalty set for the refusal remains.
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 44 of the Saudi Municipalities Law
What happens if I refuse to carry out a municipality's order?
The municipality may, by order of its head, carry out the order at your expense within the limits of the law, without prejudice to any penalty resulting from the refusal.
Does the municipality carrying out the work at my expense relieve me of the fine?
No. The article provides that this is without prejudice to any penalty resulting from the refusal.
May the municipality carry out any matter at my expense?
The article concerns municipal orders issued under its legal powers, and execution is within the limits of the law.
More articles on Municipal Permits and Enforcement of Municipal Orders
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.