Article 22 of the Saudi Off-Plan Real Estate Sales and Leasing Law
المادة 22 من نظام بيع وتأجير مشروعات عقارية على الخارطة
The article assigns to inspectors designated by decision of the official the catching, establishing and investigating of violations of the Law and Regulations, without prejudice to the authority of the Public Prosecution in Article 26.
Official text (Arabic)
This article has not been amended since the law was issued.
دون إخلال بحكم الفقرة (1) من المادة (السادسة والعشرين) من النظام، يتولى مفتشون -يصدر بتحديدهم قرار من المسؤول- مجتمعين أو منفردين ضبط مخالفات أحكام النظام واللائحة، وإثباتها، والتحقيق فيها، وتحدد اللائحة آلية عملهم.
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 22 explained in plain English
This article specifies who catches violations and investigates them.
The inspectors:
- They are designated by decision of the official, the head of the competent authority.
- They act together or individually.
- They catch violations of the provisions of the Law and the Regulations, establish them, and investigate them.
- The Implementing Regulations set their mechanism of work.
The important restriction: This is without prejudice to the provision of paragraph (1) of Article 26, which makes the Public Prosecution the body that directly conducts the investigation and prosecution of the violations provided for in Article 24 before the competent court. The inspectors' authority to investigate therefore does not affect the Public Prosecution's authority over those violations.
The work is thus divided: inspectors catch violations, establish them and investigate them, and for the violations heard by the committee provided for in Article 21 a fine not exceeding SAR 1 million is imposed. Article 23 follows to provide for the table classifying violations and setting penalties.
Anyone who is subject to a violation being caught by inspectors can consult a lawyer who specializes in real estate cases to learn their rights in the procedures.
Practical example
Two inspectors from the competent authority visited a real estate exhibition in Riyadh displaying off-plan units, and noticed a violation of the provisions of the Regulations in the way the units were presented, so they caught it and recorded it in a report. This is within the inspectors' jurisdiction under this article, and the Implementing Regulations set their mechanism of work.
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 22 of the Saudi Off-Plan Real Estate Sales and Leasing Law
Who designates off-plan sales inspectors?
They are designated by decision of the official, who is the head of the competent authority.
What are the inspectors' powers?
Catching violations of the provisions of the Law and the Regulations, establishing them and investigating them, together or individually, and the Implementing Regulations set their mechanism of work.
Do inspectors investigate the Article 24 offenses?
The article makes the inspectors' work without prejudice to paragraph (1) of Article 26, which assigns investigation and prosecution of the Article 24 violations to the Public Prosecution.
Articles this article refers to
More articles on Off-Plan Violations Committee
- Article 8
The article requires the competent authority, when licensing a project, to ask for a no-disposal annotation on the property's title deed until development is complete, to be lifted only with its approval.
دون إخلال بأحكام نظام التسجيل العيني للعقار؛ على الجهة المختصة عند إصدار الترخيص الخاص للمشروع العقاري، طلب إجراء التأشير على صك تسجيل الملكية للعقار المراد تطو
- Article 21
The article creates a committee that hears violations of the Law other than the Article 24 offenses and imposes fines up to SAR 1 million; its decisions may be objected to before the Administrative Court within 60 days.
1- يتولى النظر في مخالفات أحكام النظام واللائحة -عدا المخالفات الواردة في المادة (الرابعة والعشرين) منه- وإيقاع عقوبة الغرامة بما لا يتجاوز (مليون) ريال؛ لجنةٌ
- Article 23
The article requires the official to issue a table classifying violations and their penalties within the Article 21 limit, except Article 24 violations, taking into account the seriousness and circumstances of each violation.
يُصدر المسؤول -بقرار منه- جدول تصنيف للمخالفات -عدا المخالفات المنصوص عليها في المادة (الرابعة والعشرين) من النظام- وتحديدًا للعقوبات ضمن حدها المنصوص عليه في ا
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.