Law of Ownership, Subdivision and Management of Real Estate Units

Purpose and scope

• Governs ownership of separate units in buildings and complexes, such as flats and offices, the management of common parts among their owners, and subdivision.
• It applies to properties divided into separate units owned by more than one owner.

Key rules, rights and obligations

• The seller must disclose to the buyer the unit's data, the common parts and the obligations attached; the buyer may rescind within thirty days if the seller fails to do so (Article 6).
• An owner must not cause his neighbours abnormal harm in using his unit (Article 9).
• An owners' association must be formed where there are three or more owners, to manage and maintain the common parts (Article 12), and it may not restrict owners' rights in their units except under the law (Article 16).
• Each owner contributes to the costs of preserving, maintaining and managing the common parts in proportion to the area of his unit, and may not abandon his share of the common parts to avoid this (Articles 24 and 26).
• The owner must maintain his unit to preserve the building's safety (Article 27), and the building's exterior may not be changed without approval of the general assembly (Article 30).
• An owner who lets his unit remains liable for his obligations to the association, jointly with the tenant within the limits set by the law (Article 23).

Violations, penalties and common problems

• Refusing to pay the maintenance share is among the most common disputes; decisions of the association manager on dues approved by the competent authority are enforcement instruments (Article 21).
• Changing facades, closing corridors or using common parts for private benefit without the association's approval breaches the law.
• Repeated disturbance or damage from water leaks between units is handled under the abnormal-harm rule.

Procedures and key deadlines

• The owners' association is registered with the competent authority (the Mulak platform), a manager is appointed, and the general assembly meets to take decisions.
• Before buying a unit, check that the association is registered and that no maintenance dues are outstanding.
• A request to rescind the purchase for lack of disclosure is made within thirty days (Article 6).

An advisory summary prepared by Al-Bayan Al-Wadih Law Firm. It is not an official text and does not replace the law, its implementing regulations, or advice from a specialised lawyer. The official published text and its amendments prevail.