THE LAW FIRM OF HAZIM AL MADANI ATTORNEYS AND LEGAL CONSULTANTS
The Real Estate Contribution Law: A Comprehensive Analysis
The Real Estate Contribution Law is a legislative framework in the Kingdom of Saudi Arabia (KSA) designed to organize the relationship between shareholders and property developers in real estate projects. It covers projects such as land subdivision and the development of residential, commercial, industrial, or agricultural units. The law’s primary goals are to safeguard shareholders’ rights, ensure the quality of projects, and guarantee their timely delivery, as per the contracts agreed upon between the parties. It also aims to encourage real estate investment and stimulate the private sector’s participation in providing housing and developmental solutions for society.
Under this law, property developers are required to secure a permit from the Ministry of Housing before marketing or implementing any real estate project that falls within the law’s provisions. Developers must also open a project-specific bank account in one of the banks licensed by the Saudi Arabian Monetary Authority. They are obligated to deposit all contribution amounts into this account and abide by the conditions and controls set by the Ministry of Housing in coordination with the Monetary Authority. Furthermore, developers must enter into written contracts with shareholders, detailing all project specifics, rights, and obligations of each party, and register these contracts in a special electronic system managed by the Ministry of Housing.
If a property developer commits any violations of the law’s provisions or contracts with shareholders, they may face disciplinary, corrective, or compensatory penalties imposed by the Ministry of Housing. This is in addition to any potential criminal or civil liability that may arise. Shareholders also have the right to appeal the Ministry of Housing’s decisions or the property developer’s actions to the dispute resolution committees affiliated with the Ministry, or to the relevant arbitration bodies or courts.
The Real Estate Contribution Law is a sophisticated and modern framework that contributes to the development of the real estate market in the Kingdom. It enhances the confidence of investors and consumers in this sector, balances the interests of all relevant parties, and helps achieve the Kingdom’s 2030 Vision by promoting economic and social growth.
Key aspects of the Real Estate Contribution Law include:
Under this law, property developers are required to secure a permit from the Ministry of Housing before marketing or implementing any real estate project that falls within the law’s provisions. Developers must also open a project-specific bank account in one of the banks licensed by the Saudi Arabian Monetary Authority. They are obligated to deposit all contribution amounts into this account and abide by the conditions and controls set by the Ministry of Housing in coordination with the Monetary Authority. Furthermore, developers must enter into written contracts with shareholders, detailing all project specifics, rights, and obligations of each party, and register these contracts in a special electronic system managed by the Ministry of Housing.
If a property developer commits any violations of the law’s provisions or contracts with shareholders, they may face disciplinary, corrective, or compensatory penalties imposed by the Ministry of Housing. This is in addition to any potential criminal or civil liability that may arise. Shareholders also have the right to appeal the Ministry of Housing’s decisions or the property developer’s actions to the dispute resolution committees affiliated with the Ministry, or to the relevant arbitration bodies or courts.
The Real Estate Contribution Law is a sophisticated and modern framework that contributes to the development of the real estate market in the Kingdom. It enhances the confidence of investors and consumers in this sector, balances the interests of all relevant parties, and helps achieve the Kingdom’s 2030 Vision by promoting economic and social growth.
Key aspects of the Real Estate Contribution Law include:
- - The requirement to obtain a license from the Financial Market Authority to practice real estate contributions.
- - A requirement for the Authority to be convinced that the license applicant is qualified for this activity.
- - The necessity of obtaining a license from the Financial Market Authority before offering the contribution.
- - Ensuring the validity of real estate bonds and obtaining necessary approvals from official bodies, such as land planning or project construction authorities.
Other conditions and requirements include appointing a legal accountant and a consulting engineer and having the project evaluated by certified individuals before selling.
A significant addition to the Real Estate Contribution Law is the separation of roles between the General Real Estate Authority and the Financial Market Authority. The latter is responsible for regulating the special register of real estate contributions, approving the offering of real estate contributions, and issuing the contribution certificate that proves the shareholder’s ownership. The former’s jurisdiction lies in regulating the activity, issuing licenses, classifying contributions according to size, type, or location, setting suitable conditions, requirements, and timeframes for each real estate contribution, and supervising and controlling real estate contributions.
In conclusion, the Real Estate Contribution Law in the Kingdom of Saudi Arabia is an advanced and integrated legislative system aimed at achieving fairness and transparency in financing real estate projects, protecting the rights of shareholders and beneficiaries, stimulating the real estate sector, providing investment and employment opportunities for citizens and residents, and supporting the Kingdom’s 2030 Vision that seeks to improve the quality of life and promote sustainable development.
A significant addition to the Real Estate Contribution Law is the separation of roles between the General Real Estate Authority and the Financial Market Authority. The latter is responsible for regulating the special register of real estate contributions, approving the offering of real estate contributions, and issuing the contribution certificate that proves the shareholder’s ownership. The former’s jurisdiction lies in regulating the activity, issuing licenses, classifying contributions according to size, type, or location, setting suitable conditions, requirements, and timeframes for each real estate contribution, and supervising and controlling real estate contributions.
In conclusion, the Real Estate Contribution Law in the Kingdom of Saudi Arabia is an advanced and integrated legislative system aimed at achieving fairness and transparency in financing real estate projects, protecting the rights of shareholders and beneficiaries, stimulating the real estate sector, providing investment and employment opportunities for citizens and residents, and supporting the Kingdom’s 2030 Vision that seeks to improve the quality of life and promote sustainable development.
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