The Minister of Commerce, who also serves as Chairman of the Board of Directors of the Saudi Standards, Metrology, and Quality Organization, has decided to approve an amendment to the regulations governing the classification of violations of the Saudi Building Code. The most notable provisions of the amendment are as follows:

Article 2
Any violation of the requirements, system, or regulations of the Code shall be considered a violation requiring removal or correction and shall subject the violator to a penalty as determined by the Review Committee upon verification of the statutory requirements, and the imposition of a penalty shall not be considered a substitute for removal or correction.

Article 3:
Violations shall be recorded and documented by qualified Code specialists appointed by their respective official authorities, and the violation reports shall be considered valid evidence for establishing violations and imposing penalties.

Article 4:
If a violation is discovered during an inspection or supervision and the violator does not promptly take steps to rectify it, or if a report of the violation is received, the enforcement officer shall be notified to investigate it. The supervising office shall be exempt from liability for failure to enforce the violation if it issued a violation report and delivered it to the contractor or uploaded it to the Baladi platform, and the contractor failed to comply.

Article 5:
The enforcement process shall be conducted in accordance with a standardized form prepared by the competent authority within the Ministry, which shall include the following:
A. The date, day, and time of the enforcement.
b. The name of the building owner.
c. The license number and type.
d. The building’s classification, type, and location.
e. The type and description of the violation and its location within the building.
f. The code reference and number of the violation.
g. The severity of the violation and the resulting damage.
h. An estimate of the time required to correct or remove the violation.
i. The violator’s name, statement, and signature, with a note indicating refusal to provide them if applicable.
j. Documentation of the violations with photographs or their attachment, if possible.
k. The name and signature of the enforcement officer.
l. Any other information that the competent authority at the Ministry deems necessary to include.

Article 6:
Anyone entrusted with the task of enforcing violations of the Code must exercise diligence and a sense of responsibility, complete their work without delay, and submit the violation reports to their supervisor on the same day or the following day for recording, review, and approval, and for this purpose, they are authorized to enter buildings and facilities and to review documents, records, and plans.

Article 7:
1) Upon detecting a non-serious violation, the relevant authority shall:
a- Notify the violator of the violation through the reporting channels established by regulation, and shall require the violator to remedy or correct the violation in accordance with the Code within a maximum period of (30 days) to begin correcting or removing the non-compliant work; upon correction or removal, the violator shall notify the relevant authority thereof.
b. If the violation is not corrected, the violator shall be issued a warning and requested to remove or correct the violation in accordance with the Code within a maximum period of (90 days) to complete the correction or removal; and if the violation is corrected or removed, the violator shall notify the relevant authority thereof.
C. If the violation is not corrected by the deadline specified in paragraph (b), the case shall be referred to the Committee for Reviewing Violations of the Saudi Building Code to impose the penalty stipulated in the schedule of violations according to the following scale:
1. Imposition of the minimum financial fine and removal or correction of the violation, in accordance with the Code, within a maximum period of 90 days to complete the correction or removal work; and in the event of correction or removal, the violator shall notify the relevant authority thereof.
2- If the violation is not corrected or removed by the deadline specified in paragraph (c-1), the maximum financial penalty shall be imposed, and the violation must be removed or corrected in accordance with the Code within a maximum period of (90 days) to complete the corrective or removal work; upon completion of such work, the violator shall notify the relevant authority.
3. If the violation is not corrected or remedied within the period specified in paragraph (c-2), all work shall be suspended until the violation is addressed or remedied.

Article 8:
Upon detecting a serious violation, the relevant authority shall do the following:
1) Notify the violator through the reporting channels prescribed by regulation and request that the violation be removed or corrected immediately in accordance with the Code.
2) Suspend construction of the part or section posing a hazard, or prohibit occupancy, operation, or require the evacuation of the building until the violator remedies or corrects the violation.
3) Refer the violation to the Violations Review Committee within five business days from the date it was detected.

Article 9:
If the violator fails to remove the hazardous violation or, in the case of other violations, fails to do so within the specified time limit, and if the violation directly hinders or disrupts the use of public roads or services, poses a danger to public safety, public health, or the environment, or detracts from the city’s overall appearance, the municipal authority may , after coordinating with the competent authorities, remove it at the violator’s expense.

Article 10:
If a dangerous violation is discovered and the violator or their address cannot be identified, the enforcement officer shall prepare a report on the violation, and a thorough investigation and follow-up shall be conducted to locate the violator. If the violator cannot be located, the municipal authority, after coordinating with the competent authorities, shall vacate the building, prohibit its use, or remove the violation if necessary. Once the violator is identified, they shall bear the removal costs in addition to the applicable penalty.

Article 11:
Without prejudice to any more severe penalty stipulated by another regulation, the Review Committee shall impose appropriate penalties for each violation in accordance with Article 12 of this Regulation, taking into account the following criteria:
1) The severity of the violation and its impact on endangering lives, property, health, or public order.
2) The area, size, and type of the structure; the cost of its construction; the significance of its location; and the area of the violation committed.
3) The proportionality of the penalty to the violation.
4) Mitigating and aggravating circumstances associated with the commission of the violation.
5) The violator’s initiative to remove or rectify the violation.
6) The recurrence or multiple instances of the violation.
7) Whether the violation was accompanied by an attempt to obstruct the enforcement or inspection process or by a failure to cooperate with officials.
8) Whether the violation was committed intentionally.

Article 12:
The Review Committee shall apply the penalties set forth in Table No. (1) for violations of the Building Code in the residential sector for classification category (R3) (detached single-family homes or two single-family homes adjoining on one or both sides, with a building height not exceeding three stories), and Table No. (2) for violations related to other building uses in accordance with the Saudi Building Code.

Article 13:
If rectifying the violation would compromise the safety of the building, it shall be corrected in a manner that ensures safety through feasible engineering solutions, provided that a report is submitted from an engineering firm accredited and qualified by the Ministry confirming the safety of the building and the impossibility of removal.

Article 14:
Fines shall be collected in accordance with the procedures followed for the collection of public funds.

Article 15:
The decisions of the Review Committee shall take effect upon issuance, and the violator shall be notified thereof through the notification methods prescribed by law.

Article 16:
Appeals against the decisions of the Review Committees may be filed with the administrative courts at the Board of Grievances within sixty days from the date of notification.

Article 17:
In the event that any penalty is imposed on consulting, engineering, or technical firms, or contractors, for violating the Code, the municipal authority shall notify their respective regulatory bodies of the violations and the penalties imposed upon them.

Article 18:
These regulations supersede the Regulations on the Classification of Violations of the Saudi Building Code issued pursuant to Ministerial Decision No. (1214Q/A/39) dated 14/10/1439 AH

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