Article 28 of the Saudi Real Estate Investment Schemes Law
المادة 28 من نظام المساهمات العقارية · الفصل الخامس: انقضاء المساهمة العقارية
The article sets out the ways to sell a scheme's assets: public auction, direct sale of the whole scheme or part of it, or any other method that the Implementing Regulations specify.
Official text (Arabic)
This article has not been amended since the law was issued.
يكون بيع أصول المساهمة العقارية بإحدى الطرق الآتية:
1- البيع بمزاد علني.
2- البيع المباشر لكامل أو لجزء من المساهمة العقارية.
3- أي طريقة أخرى تحددها اللائحة.
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 28 explained in plain English
This article sets out the permitted ways to sell a real estate investment scheme's assets, which are:
- Sale by public auction, where the assets are offered for open bidding.
- Direct sale, either of the whole scheme or of part of it.
- Any other method that the Implementing Regulations specify.
The wording "a scheme's assets shall be sold by one of the following methods" means that the sale is made by one of these methods, and the third method does not open the door to any method the licensee chooses, but only to what the Implementing Regulations specify.
The article does not say who chooses the method or what the conditions of each are, so no detail should be assumed that its text does not contain.
This article is linked to Article 27, which requires that before a scheme's assets are sold they be valued by accredited valuers in accordance with the Accredited Valuers Law and the Implementing Regulations' procedures, and which makes any act in breach void. It is also linked to Article 29, which makes the sale of the scheme in accordance with the provisions of the Law and the Implementing Regulations one of the cases in which a scheme ends.
For a shareholder, it is useful to know that the sale of their scheme's assets must be carried out by one of these methods. If a sale method or its procedures are objected to, you can consult a lawyer specializing in real estate cases.
Practical example
The development of a residential plan in a real estate investment scheme in Qassim was completed, and after the assets were valued by accredited valuers, the plots of land were offered for sale at public auction, which is one of the methods Article 28 sets out. The remaining plots were later sold by direct sale of part of the scheme.
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 28 of the Saudi Real Estate Investment Schemes Law
What are the ways to sell a real estate investment scheme's assets?
Public auction, direct sale of the whole scheme or part of it, or any other method that the Implementing Regulations specify.
May only part of a real estate investment scheme be sold?
Yes. The article allows direct sale of the whole scheme or of part of it.
Must the assets be valued before they are sold?
Yes. Article 27 requires the assets to be valued by accredited valuers before they are sold.
More articles on Selling Scheme Assets and Termination
- Article 27
The article prohibits selling a scheme's assets unless they have first been valued by accredited valuers under the Accredited Valuers Law and the Regulations' procedures, and makes any contrary act void.
لا يجوز بيع أصول المساهمة العقارية إلا بعد تقييم الأصول من مقيمين معتمدين وفقاً لنظام المقيمين المعتمدين، ووفقاً لما تحدده اللائحة من إجراءات. ويعد باطلاً أي تص
- Article 29
The article lists the five cases in which a scheme ends and provides that it keeps its legal personality to the extent needed for liquidation, without prejudice to Article 17.
دون إخلال بما نصت عليه المادة (السابعة عشرة) من النظام، تحتفظ المساهمة العقارية بالشخصية الاعتبارية بالقدر اللازم لتصفيتها، وتنقضي بإحدى الحالات الآتية: 1- بيعه
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.

