Article 22 of the Saudi State Leasing of Real Estate Law
المادة 22 من نظام استئجار الدولة للعقار
The lessor must repair construction defects at his own expense or the agency repairs them at his cost and deducts it from the rent; the agency must preserve and maintain the property under the unified contract.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يلتزم المؤجر على نفقته الخاصة بترميم وإصلاح عيوب الإنشاء التي تطرأ على العقار المستأجر وتحد من استمرار الانتفاع به للغرض المستأجر من أجله، دون المطالبة بأي تعويض أو زيادة في الأجرة أثناء سريان العقد. وإذا لم يبدأ المؤجر في إصلاح عيوب الإنشاء خلال المدد التي تحددها اللائحة، جاز للجهة الحكومية إصلاح العيوب على حسابه وحسمها من الأجرة وفقاً لما تحدده اللائحة.
2- على الجهة الحكومية المستأجرة اتخاذ ما يلزم للمحافظة على العقار المستأجر خلال مدة استئجاره.
3- تكون الجهة الحكومية المستأجرة مسؤولة عن إجراء الصيانة وتكاليفها اللازمة للعقار وإصلاح أي ضرر يسببه استعمالها له، وفقاً لأحكام عقد الاستئجار الموحد.
4- تحدد اللائحة بنود صيانة العقار المستأجر التي يتحملها المؤجر وينص عليها في عقد الاستئجار الموحد.
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 divides responsibilities for repair and maintenance between the lessor and the leasing government agency.
1- The lessor's duty regarding construction defects: the lessor must, at his own expense, restore and repair construction defects that arise in the property and limit continued use of it for the purpose for which it was leased, without claiming any compensation or an increase in rent while the contract is in force. If the lessor does not begin the repair within the periods set by the regulations, the agency may repair the defects at his expense and deduct them from the rent as set by the regulations.
2- Preserving the property: the leasing agency must take what is necessary to preserve the property during the period of its lease.
3- Maintenance: the agency is responsible for carrying out the necessary maintenance and its costs, and for repairing any damage caused by its use of the property, under the provisions of the unified lease contract.
4- The lessor's maintenance items: the regulations specify the maintenance items borne by the lessor, and they are stated in the unified lease contract.
In sum, construction defects are on the lessor, and maintenance and damage from use are on the agency, with maintenance items borne by the lessor to be set by the regulations. Article 21 allows the agency to carry out works or finishing during the lease after a written agreement with the lessor.
If you have a practical question about leasing a property to a government agency, it is best to consult a lawyer who specializes in real estate or administrative cases.
Practical example
Structural cracks appear in the ceiling of a building leased to a government agency in Qassim, limiting the use of a number of offices. The owner is notified, but does not begin the repair within the period set by the regulations. Under this article, the agency may repair the defect at the owner's expense and deduct the cost from the rent as set by the regulations.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentCivil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Abdullah Al-Saleh Law Office for Law and Legal Consultancy
Frequently asked questions about Article 22 of the Saudi State Leasing of Real Estate Law
Who bears the repair of construction defects in a property leased to a government agency?
The lessor, at his own expense, without claiming any compensation or an increase in rent while the contract is in force.
May the government agency deduct repair costs from the rent?
Yes. If the lessor does not begin repairing construction defects within the periods set by the regulations, the agency may repair them at his expense and deduct them from the rent.
Who bears the regular maintenance of the building?
The leasing agency is responsible for the necessary maintenance and its costs under the unified contract, and the regulations specify the maintenance items borne by the lessor.
More articles on Property Maintenance and Lessor Obligations
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.