Article 4 of the Real Estate Ownership by Non-Saudis Law
المادة 4 من نظام تملك غير السعوديين للعقار
The article allows listed companies, investment funds and licensed special purpose entities to own real estate in the Kingdom, including Makkah and Madinah, under the Capital Market Law and the Capital Market Authority's controls.
Official text (Arabic)
This article has not been amended since the law was issued.
تتملك الشركات المدرجة في السوق المالية السعودية المؤسسة وفقاً لأحكام نظام الشركات، والصناديق الاستثمارية والمنشآت ذات الأغراض الخاصة المرخصة نظامًا؛ العقار وتكتسب الحقوق العينية الأخرى على العقار في المملكة -بما في ذلك مدينتا مكة المكرمة والمدينة المنورة- وفقًا لما يقضي به نظام السوق المالية ولوائحه التنفيذية، والضوابط التي تضعها هيئة السوق المالية بالتنسيق مع الهيئة العامة للعقار والجهات المعنية الأخرى.
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 4 explained in plain English
This article regulates real estate ownership by three categories of entities connected with the financial market:
- Companies listed on the Saudi financial market, established under the Companies Law.
- Lawfully licensed investment funds.
- Lawfully licensed special purpose entities.
These entities own real estate and acquire other real rights in it in the Kingdom, including Makkah and Madinah. But this ownership is not subject to the general rules alone; it follows three sources:
- The Capital Market Law.
- The implementing regulations of the Capital Market Law.
- The controls set by the Capital Market Authority in coordination with the General Authority for Real Estate and the other relevant bodies.
This means the practical details, such as the limits and conditions of ownership for these entities, are found in the Capital Market Authority's rules and controls and are not stated in this article. This article comes after Article 3, which deals with unlisted companies in which non-Saudis participate, so each category has its own rule.
An investor who wants to know whether a fund or a company in which they hold shares may own a particular property may consult a lawyer specialized in securities or real estate matters.
Practical example
A licensed real estate investment fund wants to buy a hotel near the Grand Mosque in Makkah. Article 4 allows it to own real estate in Makkah, provided this is done under the Capital Market Law and its regulations and the controls set by the Capital Market Authority in coordination with the General Authority for Real Estate.
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
Dr. Saleh Altayyar & Partners Law Firm
Frequently asked questions about Article 4 of the Real Estate Ownership by Non-Saudis Law
Can investment funds own real estate in Makkah and Madinah?
Yes, the article provides that licensed investment funds own real estate in the Kingdom, including Makkah and Madinah, under the Capital Market Law and its authority's controls.
Who sets the controls on listed companies' ownership of real estate?
The Capital Market Authority, in coordination with the General Authority for Real Estate and the other relevant bodies, alongside the Capital Market Law and its regulations.
Does this article apply to unlisted companies?
No, it is specific to listed companies, funds and special purpose entities; unlisted companies in which non-Saudis participate are governed by Article 3.
More articles on Ownership by Foreign Companies and Funds
- Article 3
The article allows an unlisted Saudi company with non-Saudi shareholders to own real estate within the geographic scope, and to own what it needs for its activities and its workers' housing inside or outside it.
1- يجوز للشركة غير المدرجة في السوق المالية السعودية المؤسسة وفقاً لأحكام نظام الشركات السعودي والتي يشترك في ملكية رأس مالها شخص أو أكثر من ذوي الصفة الطبيعية
- Article 7
The article allows diplomatic missions, on a reciprocal basis, to own their official premises and housing for their head and members, and international and regional bodies to own their official premises, with the Ministry of Foreign Affairs' approval.
يجوز -على أساس المعاملة بالمثل- للممثليات الدبلوماسية المعتمدة بالمملكة تملك المقر الرسمي لها ومقر السكن لرئيسها وأعضائها، ويجوز للهيئات الدولية والإقليمية -في
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.

