Hassan Al -Sitry
The government referred to the legislative authority a draft law to issue a law regulating construction, accompanying Decree No. 53 of 2025. According to the draft law, with no prejudice to any more severe punishment stipulated by the Penal Code or any other law punishable by imprisonment and a fine of no less than a thousand dinars, and not exceeding twenty thousand dinars or one of these two penalties, everyone who provides incorrect data, or resorted to illegal methods, to obtain a license according to a license according to a license. For the provisions of this law, or caused the disability or disruption of the work of the ministry’s inspectors or the competent authority, or withholding from the entity in charge of investigating any data, information, records, or documents that he must provide or enable to see it; To carry out its tasks established by this law, or implemented a project or construction work without obtaining a license or in violation of the license.
The draft law is granted to the competent authority in the event that the implementation of a project or construction work in violation of the provisions of this law or its executive regulations or decisions issued in implementation of it or organizational and structural requirements, that any of the penalties or the following measures, decide to submit the violator a written pledge not to repeat the violation, impose restrictions or conditions on the license, stop the implementation of the project or construction work, assigning the violator to conduct the work that must be carried out, which are implemented. It is necessary to implement the provisions of this law, its executive regulations, or decisions issued in implementation of it or organizational and structural requirements, demolishing the building or the violating parts of it if it reaches an end to the division, and the violator could not correct it in accordance with the provisions of this law or its executive regulations or decisions issued in implementation of it or organizational and structural requirements, and imposing an administrative fine of no less than five hundred dinars and not exceeding fifty dinars A thousand dinars.
The draft law referred to aims to reorganize the construction sector in the Kingdom in order to achieve efficiency, transparency and justice, enhance the quality of construction and sustainability, and stimulate investment, while protecting the sector from harmful practices and providing effective mechanisms to ensure facilitating access to construction licenses quickly and organized.
The draft law – as well as its preamble – consists of four issuance articles, and eight chapters that included 54 articles, which dealt with the following: Chapter One: Eating General Provisions, where he knew the most important terms and phrases contained in the draft law, and explained its goals, as well as the scope of its application to include all construction projects and works in the Kingdom, including temporary buildings.
Chapter Two: Take the procedures and conditions of the license, as it prohibited the implementation of any project or construction work without obtaining a prior license from the competent authority, with the exception of small and temporary work determined by the executive regulations. The project also organized the method of submitting the request for licensing and the required documents, and authorized the delegation of the private sector to receive the requests and verify the fulfillment of the conditions, and the project specified the competent authority as a central authority to obtain approvals from other parties, with a period of time limit for deciding on the request, and the permissibility of assigning the tasks of verifying graphics or examining the real estate to accredited engineering offices. In the event that the request is rejected, its provider has the right to grievance and appeal before the competent court, as the project referred to the executive regulations to determine the periods of licenses and the procedures for renewing them, and clarified cases of the end of the license or its cancellation, while obliging the ministry to periodically review the procedures and conditions in cooperation with the private sector.
Chapter Three: Construction Business Systems, where it was obligated to implement all projects under the supervision of an engineering office, with exceptions determined by the executive regulations. It was also necessary to appoint a full -time engineer for large projects that require continuous supervision, and stressed the need to implement the work in accordance with the approved drawings, while taking safety measures and ensuring the fulfillment of the requirements of people with disabilities. The project also organized the external architectural features, and the prohibition of building buildings under construction except on specific conditions. In the event that the project stumbles or stops, the licensee is obligated to take safety measures, and he attended the issuance of a certificate of completion before delivering public services, and referred the details of the procedures for issuing them to the executive regulations.
Chapter Four: Eat the duties and obligations related to the implementation of projects, as the engineering office and the contractor held a responsibility to ensure that the works are matched to the graphics, designs and technical standards approved. He also obliged them to notify the competent authority when they are appointed or ended their appointment, and to report any violations or stops for a period of more than three months, and the appointment of a building supervisor was required for the projects determined by the executive regulations, while keeping all parties to the project records and submitting them upon request. The law also obliged to notify the competent authority upon completion of construction work in accordance with the period specified in the executive regulations.
Chapter Four: Eat the duties and obligations related to the implementation of projects, as the engineering office and the contractor held a responsibility to ensure that the works are matched to the graphics, designs and technical standards approved. He also obliged them to notify the competent authority when they are appointed or ended their appointment, and to report any violations or stops for a period of more than three months, and the appointment of a building supervisor was required for the projects determined by the executive regulations, while keeping all parties to the project records and submitting them upon request. The law also obliged to notify the competent authority upon completion of construction work in accordance with the period specified in the executive regulations.
Chapter Five: Granting the competent authority to monitor and maintain buildings in order to protect lives and property, including inspection of buildings from home and abroad. In the event that the entry is rejected, permission can be obtained from the court based on the results of the inspection, the competent authority takes the necessary measures such as maintenance, restoration or demolition, with the possibility of temporarily evacuating the building if the need is required, and the competent authority bears the cost of these works, provided that the owner of the building is referred to reasonable expenses, while granting him the right to grievance and appeal the decisions issued.
Chapter Six: The provisions of accountability dealt with, as the competent authority transferred the authority to investigate violations on their own or based on a complaint, and obliges them to inform the Public Prosecution when suspected of a crime. The project also allowed the authority to impose penalties such as stopping business, demolition, and financial fines, with the right to grievance and stabbing, as well as taking urgent measures in cases of imminent danger that threatens lives or property.
Chapter Seven: stipulating the powers of the ministry and the competent authority in monitoring and inspection, and ensures imposing penalties that include imprisonment and financial fines for violators. He decided to criminal the legal person if the crimes were committed in his name or for his benefit, as well as reconciliation in some crimes according to specific conditions.
Chapter Eight: Take the final rulings, as the minister transferred after the approval of the Council of Ministers to determine the fees due for licenses and services, official notifications systems and mechanisms for issuing decisions related to urban requirements. Also, with the approval of the Council of Ministers, the Minister authorized the assignment of some of the services of the law to the private sector.
