Article 28 of the Saudi Real Estate Registration Law
المادة 28 من نظام التسجيل العيني للعقار · الفصل الخامس: تسجيل التصرفات العقارية
The article provides that each separate real estate unit in a jointly owned property has its own title registration deed, and that the joint ownership documents specified by the Regulations must be registered.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يكون لكل وحدة عقارية مفرزة واقعة في عقار مشترك، صك تسجيل ملكية خاص بها.
2- يجب تسجيل وثائق الملكية المشتركة التي تحددها اللائحة في السجل العقاري.
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 deals with jointly owned properties that include multiple units, such as residential buildings and commercial complexes, and contains two provisions:
1- A separate deed for each separate unit: Each separate real estate unit located in a jointly owned property has its own title registration deed. A separate unit means a defined, independent unit, such as an apartment, office or shop. The title registration deed, under Article 1, is a document issued from the real estate register containing the property's location, boundaries, description, use, the rights and obligations attached to it, and the owner's details.
2- Registering joint ownership documents: The joint ownership documents must be registered in the real estate register, being the documents that the Regulations specify. The article does not name these documents; they are determined by the Implementing Regulations.
In practice, the first provision means that the owner of an apartment in a jointly owned building has his own deed for his apartment, establishing its data and the rights and obligations attached to it.
Among the neighboring articles, Article 27 provides that the holder of a usufruct right may register a dealing in it without the owner's permission unless otherwise agreed, and Article 29 provides for the competent authority to establish a register of properties described on the plan, linked to the real estate register.
Anyone buying a unit in a jointly owned property would do well to check his unit's deed, and consult a lawyer specialized in real estate matters when needed.
Practical example
Noura bought an apartment in a Riyadh residential building containing 12 apartments. Under this article, her separate apartment has its own title registration deed, independent of the deeds of the other apartments, and the building's joint ownership documents specified by the Regulations are registered in the real estate register.
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 28 of the Saudi Real Estate Registration Law
Does each apartment in a building have its own deed?
Yes. Each separate real estate unit in a jointly owned property has its own title registration deed.
Which joint ownership documents must be registered?
The documents specified by the Implementing Regulations, which must be registered in the real estate register.
What does a unit's deed contain?
Under the definition of the title registration deed in Article 1, it contains the location, boundaries, description, use, the rights and obligations attached to it, the owner's details and any other details set by the Regulations.
More articles on Registering Real Estate Transactions
- Article 13
The article requires registration of every dealing after first in rem registration that creates, transfers, changes or extinguishes a real right, and these rights are not effective without registration.
تسجل في السجل العقاري جميع التصرفات اللاحقة للتسجيل العيني الأول للعقار، والتي من شأنها إنشاء أي من الحقوق العينية الأصلية أو التبعية أو نقله أو تغييره أو زواله
- Article 14
The article requires lease contracts and documented obligations on the use of a property to be annotated in the real estate register where their term is 10 years or more, and they are not effective without the annotation.
يجب التأشير بجميع عقود الإيجار والالتزامات الموثقة نظاماً التي ترد على منفعة العقار إذا كانت مدتها (عشر) سنوات فأكثر، والأحكام النهائية المثبتة لشيء من ذلك، في
- Article 15
The article obliges the relevant bodies to supply the real estate register with the facts of property owners' deaths and the deeds establishing their heirs, by a mechanism agreed with the competent authority.
تقوم الجهات المعنية -وفق آلية تتفق عليها الجهة المختصة مع كل منها- بتزويد السجل العقاري بوقائع وفاة ملاك العقارات وصكوك حصر ورثتهم.
- Article 26
The article gives a person harmed by the registration of real estate dealings the right to go to the competent court to claim compensation from whoever caused the harm.
للمتضرر من تسجيل التصرفات العقارية حق التقدم للمحكمة المختصة بطلب التعويض من المتسبب فيه.
- Article 27
The article allows the holder of a usufruct right over a property to register a dealing in that right in the real estate register without the property owner's permission, unless otherwise agreed.
لصاحب حق الانتفاع على العقار تسجيل التصرف فيه في السجل العقاري دون إذن مالك العقار، ما لم يُتفق على غير ذلك.
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.