Here are the most important amended articles of the Saudi Building Code violations classification regulation (Infographic)

Posted in

Dr. Majid bin Abdullah Al-Qasabi, Minister of Commerce and Chairman of the Board of Directors of the Saudi Standards, Metrology and Quality Organization (SASO), decided to approve the amendment of the Saudi Building Code Violations Classification Regulation and its implementation from the date of its publication in the Official Gazette.

Article One:

The definitions of the vocabulary and terms in this regulation shall refer to the definitions contained in the Executive Regulations of the Saudi Building Code Implementation System.

Article II:

The violation of any of the requirements of the code, its system or regulations is considered an offense that requires removal or correction and exposes the perpetrator to the penalty as determined by the review committee when its legal requirement is met, and the imposition of a penalty is not an alternative to removal or correction.

The penalty is not an alternative to removal or correction.

Article Three:

Violations shall be seized and documented by qualified code specialists whose names are issued by decisions issued by their official authorities, and the seizure reports are considered a significant document in proving violations and imposing penalties.

Article III:

Article Four:

When a violation is discovered during the inspection or supervision process and the violator does not take the initiative to rectify it in time, or a report is received, the control officer shall be notified to identify it. The supervising office is exempted from the implementation violation if it issues a report of the violation and it is delivered to the contractor or uploaded on Baladi platform and the contractor does not commit to implementation.

Article Five:

The seizure process shall be carried out according to a standardized form prepared by the competent authority in the Ministry, which includes the following:

a- Date, day and hour of the seizure.
b- Name of the building owner.
c- License number and type.
d- Classification, type and location of the building.
e- Type of violation, description and location of the building.
f- Violation reference in the code and its number.
g- Severity of the violation and the damage caused by it.
h- Estimated time period for correcting or removing the violation.
i- Name, statement and signature of the violator, and indication of his refusal if applicable.
j- Documenting violations with photos or attaching them if possible.
k- Name and signature of the control officer.
l- Any other information that the competent authority in the Ministry sees fit to add.

Article Six:

The person entrusted with the task of detecting code violations must be accurate and responsible, complete his work without delay, and deliver the control reports to his authority on the same day or the next day for registration, review and approval, and he may enter buildings and facilities and inspect documents and plans.

Article Seven:

1) When a non-hazardous offense is seized, the relevant authority shall:

a) Notify the violator of the violation through the notification methods followed by the system, and ask him to remove or correct it in accordance with the code within a maximum period of (30 days) to start correcting or removing the violated works, and in case of correction or removal, the violator shall notify the relevant authority of this."

A.

B- In case of non-correction, the violator will be warned and asked to remove or correct them in accordance with the code within a maximum period of (90 days) to finalize the correction or removal works, and in case of correction or removal, the violator will notify the relevant authority about it.

B- In case of correction or removal, the violator will notify the relevant authority.

C- If the violation is not corrected after the period referred to in paragraph (b), the violation will be referred to the Committee to consider violations of the Saudi Building Code to impose the penalty stipulated in the schedule of violations according to the following progression:

1- Applying the minimum financial fine and removing or correcting the violation in accordance with the code within a maximum period of (90 days) to finalize the correction or removal work, and in case of correction or removal, the violator shall notify the relevant authority about it.

1.

2- If the violation is not corrected or removed after the period referred to in paragraph (c-1), the maximum fine and removal or correction of the violation, in accordance with the code, shall be applied within a maximum period of (90 days) to complete the correction or removal work, and in case of correction or removal, the violator shall notify the relevant authority of this.

2.

3- If the violation is not corrected or removed after the period referred to in paragraph (c.2), all works shall be suspended until the violation is remedied or removed.

3- If the violation is not corrected or removed after the period referred to in paragraph (c.2)

Article Eight:

When a serious offense is seized, the relevant authority shall:

1) Notify the violator of it by the notification methods followed by the system, and request its immediate removal or correction in accordance with the code.
2) Stopping the dangerous building, part or section, preventing occupancy or operation, or evacuating the building until the violator removes or corrects the violation.
3) Refer the violation to the Violations Review Committee within a period of five working days from the date of seizure.

Article Nine:

If the violator does not take the initiative to remove the dangerous violation or within the deadline specified for other violations and the violation impedes or directly disrupts the use of public roads or services or poses a danger to safety, public health or the environment or distorts the general appearance of the city, the municipal authority may, after coordination with the competent authorities, remove it at the expense of the violator.

Article Ten:

If a dangerous violation is discovered and the violator and his address cannot be found, the control officer shall prepare a report on the violation, and careful investigation and follow-up shall be carried out to search for the violator. If he cannot be reached, the Municipal Authority, after coordination with the competent authorities, will evacuate the building, prevent occupancy, or remove the violation if necessary. When the violator is found, he shall bear the expenses of removal in addition to the penalty incurred.

Article Eleven:

Without prejudice to any harsher penalty stipulated by another law, the review committee shall impose the appropriate penalties for each offense in accordance with Article Twelve of the Law, taking into account the following principles:

1) The degree of seriousness of the violation and its impact in harming lives, property, health or public order.
2) The area, size, type and cost of construction, the importance of its location and the area of the violation carried out.
3) The proportionality of the penalty to the offense.
4) Mitigating and aggravating circumstances associated with the commission of the offense.
5) The offender's initiative to remove or correct the offense.) Repeated or multiple offenses.
7) The violation is accompanied by an attempt to obstruct the control or inspection process or failure to cooperate with officials.
8) Deliberate commission of the offense.

Article Twelve:

The review committee shall apply the penalties listed in Table 1 for violations of the application of the building code in the residential area for the classification category (R3) (detached villa or two villas adjacent to one or two sides with a building height not exceeding three floors), and Table 2 for violations of other building occupations according to the Saudi Building Code.

The review committee shall apply the penalties listed in Table 1 for violations of the application of the building code in the residential area for the classification category (R3).

Article Thirteen:

If the removal of the violation is detrimental to the safety of the building, it shall be corrected to achieve safety according to possible engineering solutions, provided that a report is brought from an engineering office accredited and qualified by the Ministry proving the safety of the building and the impossibility of removal.

Article Fourteen:

Fines shall be collected in accordance with the procedures followed in the collection of public funds.

Article Fifteen:

The decisions of the review committee shall be considered effective upon their issuance, and the violator shall be informed of them through the systematic notification methods.

Article Sixteen:

Decisions of the review committees may be appealed to the administrative courts of the Grievances Bureau within sixty days from the date of knowledge of them.

Article XVI:

Article Seventeen:

As soon as any penalty is imposed on consulting, engineering or technical offices or contractors for violating the code, the Municipal Authority shall notify their reference authorities of the violations and the penalties imposed on them.

As soon as any penalty is imposed on consulting, engineering or technical offices or contractors for violating the code.

Article Eighteen:

This regulation replaces the regulation on the classification of violations of the Saudi Building Code issued by Ministerial Decision No. (1214Q/AB/39) dated 10/14/1439H.

This regulation replaces the regulation on the classification of violations of the Saudi Building Code.

Article Nineteen:

These regulations shall come into effect as of the date of their publication in the Official Gazette.

Regulation on the classification of violations of the Saudi Building Code