In a direct meeting organized by the Asharqia Chamber:
Attorney Al-Nashmi: The real estate documentation activity is still fresh, aiming to reduce pressure on the writings of justice
A paradigm shift made by documentaries during the Corona crisis
"Agencies," "blanks" and "financial returns" The most prominent services of real estate.
The lawyer and notary Musa Al-Nashmi said that the real estate authentication service launched by the Ministry of Justice since 1437 to provide services for a number of services in order to alleviate the sites of notary writing is conditional on the geographical scope (spatial jurisdiction) of the documenter on an area of ten thousand square meters while allowing the service to be provided outside the scope But with an area of 2500 square meters.
Al-Nashmi stated in a direct meeting organized by the Asharqia Chamber represented by the Real Estate and Urban Development Committee (yesterday, Tuesday 16/6/2020) that four outstanding services are performed by notaries (whose number in the Kingdom is more than 2000 notarized), the first of which is: "real estate emptying", emptying of the buyer And foreclosure, foreclosure, and correction, which is the same service that the notary provides, except that the documentation is done in return for a fee, and what is provided in the notary is free.
As for the second service that the real estate documenter provides, it is the "legal agencies", whether for individuals or companies, and the documenter can be directed to do so or invite the notary to come, and the service is provided to Saudi citizens and residents as well.
As for the third service, according to Al-Nashmi, it is “financial returns”, where the creditor and the debtor can come with the notary to prove the amounts of the amounts and the dues, through this acknowledgment, it is possible to go to the implementation authorities in the event that the debtor is delaying the obligation with the consequent consequences, without Resort to the trial judge and go directly to the courts of execution, and the advantage in this declaration is that it has no jurisdiction, as it can be an existing paper for the creditor or his heirs after him.
He added that one of the services that the binder can implement are the contracts of founding companies .. stressing that entering the documentation service is a qualitative shift in the markets, especially in the real estate market .. expressing his surprise that many businessmen are not aware of entering this service in the market, despite the announcements Many of the Ministry of Justice, except that the Corona crisis has stimulated activity in this area, and the demand for what the notaries provide to beneficiaries has increased, in light of the period of suspension from work in the Sharia courts.
He drew attention to the issue of the spatial competence of the documenter, as he could not empty real estate in his area with more than 10 thousand square meters, and more than 2500 square meters outside it, in addition to that the real estate documentation activity .. It is expected that new decisions will be issued by the Ministry of Justice to amend such procedures and increase the areas Within and outside the range, depending on the increased demand for notary services, and we hope that this will be soon, as the Ministry has stated this, and based on the fact that the ministry is looking to better bring out this service, especially as it is still new to the market.
Regarding the financial compensation that the notarized will receive from the beneficiary, he said that it is a non-profit amount, rather it is a service provided by notaries (and most of them are lawyers and graduates of law or Sharia), and that this amount is only part of the services provided by the offices to citizens, and what the ministry takes is an amount It is fixed, and more than that is in favor of the notary, and these fees decreased during the Corona crisis, which increased the demand for documentation services.
He pointed out that the documentary deals with electronic instruments, without the old ones that have not been updated, and it can sell or empty the instrument in whole, or in part if the instrument is sorted according to the parts, and if it is common, the system treats it as an instrument for one piece of land.
He stated that the payment mechanism in the event of emptying the property is done through three means, which are: “The certified check stating the reservation of the amount, the bank transfer, the donation”, and the paper check is not dealt with.
In the event that the property is in the name of a person and passed away, the binder cannot void it, but rather it is done by writing the justice, especially as it relates to various procedural processes, which are not among the tasks of the binder from the original.
In answer to a question: "How do I become documented?" Al-Nashmi said that the Ministry has set a number of conditions for those who wish to work in this field, which made - as has already been said - to relieve the writing of justice, most notably that those who wish to work in this area have a degree in Sharia or law, and to attend a hundred-hour training program, And pass the personal interview, which focuses on issues of understanding laws, and has nothing to do with other formal issues.
The dialogue session was moderated by Chairman of the Real Estate and Urban Development Committee, Eng. Hamid bin Hamri.
