Article 46 of the Saudi Registered Real Estate Mortgage Law
المادة 46 من نظام الرهن العقاري المسجل
The Registered Real Estate Mortgage Law takes effect ninety days after the date of its publication in the Official Gazette.
Official text (Arabic)
This article has not been amended since the law was issued.
يعمل بهذا النظام بعد مضي تسعين يومًا من تاريخ نشره في الجريدة الرسمية.
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 46 explained in plain English
This article sets the date on which the Registered Real Estate Mortgage Law takes effect: it applies ninety days after the date of its publication in the Official Gazette.
This means the law does not apply from the day it was published, but a period of 90 days passes between publication and the start of its application.
- Starting point: the date the law was published in the Official Gazette.
- Period: 90 days.
- Effect: after this period has elapsed, the law begins to apply.
The article does not state the publication date itself, so the actual date of effect is found by referring to the date of the law's publication in the Official Gazette and then counting ninety days from it.
This article is connected to Article 45, which assigns the settlement of disputes arising from application of the provisions of this law to the competent court; the provisions of the law, including this jurisdiction, apply from the date of effect that Article 46 sets.
If the question concerns whether the law applies to a particular mortgage according to its date, the person concerned would do well to consult a lawyer specializing in real estate cases.
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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Real Estate Law lawyers
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 46 of the Saudi Registered Real Estate Mortgage Law
When does the Registered Real Estate Mortgage Law take effect?
The law applies ninety days after the date of its publication in the Official Gazette.
Does the law apply from the day it was published?
No. Article 46 provides that it applies ninety days after the date of publication.
More articles on Defining and Registering Real Estate Mortgage
- Article 1
The Article defines the registered real estate mortgage as a contract giving the creditor an in rem right over a registered property that ranks him ahead of other creditors, and explains how it is registered and who bears its costs.
1- الرهن العقاري المسجل: عقد يسجل وفق أحكام هذا النظام يكسب به المرتهن (الدائن) حقـًا عينيًّا على عقار معين له سجل، ويكون له بمقتضاه أن يتقدم على جميع الدائنين
- Article 45
The competent court decides disputes arising from the application of the provisions of the Registered Real Estate Mortgage Law.
تتولى المحكمة المختصة الفصل في المنازعات الناشئة من تطبيق أحكام هذا النظام.
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.

