On the 20th of Rabi“ al-Awwal, a royal decree was issued ordering a delay in the demolition of a property whose owner does not possess a valid legal title and for which an application has been submitted via the Ahkam platform operated by the State Real Estate Authority, until a decision is made on the application by the committees reviewing ownership requests through the Ahkam platform, provided that the committees overseeing government lands and the removal of encroachments are kept informed of the status of the application.
The approval also addressed the status of those who have encroached upon land and built a residence on it that has since become inhabited, provided that such events occurred after the issuance of Royal Decree No. A/218 on March 25, 1441 AH.
For his part, attorney and former judge Ali Al-Musharfi explained in a press statement that this order applies specifically to lands subject to a removal order issued by the Committee for the Monitoring of Government Lands and the Removal of Encroachments and does not cover all lands. He added that the evidence for this is that the Royal Decree was issued in response to inquiries from regional emirates regarding whether or not to proceed with removal; the decree is intended to address specific cases, and therefore lands not subject to removal are not covered by this decree.
Al-Musharfi added: ”Exempt from removal are residential plots where the owner has taken possession, built a dwelling, and the property has become inhabited; such cases are addressed in accordance with Royal Decree No. 571 dated 26/3/1405, which stipulates “If a citizen has managed to build a home on unowned land, and his need for that home is proven and it is established that he has no other residence, then the matter of that home shall be reviewed; provided that it does not conflict with zoning regulations or public utilities, does not pose a harm or danger to anyone, does not cause communal problems, and was not intended to trigger new migration, it shall remain with the owner, and the owner shall pay double the actual value of the land as determined by appraisal,« This decree added a new restriction: the construction must not have taken place after the issuance of Royal Decree No. A/218 on March 25, 1441.
This comes before the expiration of the deadline set by the government for registering real estate through the »Ihkam“ platform, which ends on May 5, 1443 AH.
This approval was issued in response to inquiries from regional emirates regarding whether or not the exemption would be revoked. It also stipulated that the Ministries of Interior, Justice, Environment, Water and Agriculture, Municipal and Rural Affairs, and Housing, as well as the State Real Estate Authority, shall undertake all necessary measures in this regard. Copies of this order were provided to the relevant authorities for approval.
“Supreme approval” for those who do not have a legal title to their property, and a ”lawyer”: The exception does not cover all lands
