• Ministry of Housing: financial and procedural guarantees for the success of the sales on map.

    16/05/2017

    In a workshop held in Asharqia Chamber.
     
              
    A workshop hosted by Asharqia Chamber on Tuesday 16 May 2017 reviewed the project of  sales and leasing of real estate units on Wafi map, which included speakers from the Ministry of Housing. included: Legal Advisor Anas Al Mazroa, Director of Legal Consultancy Abdulrahman Al Enezi, and Director of commitment Walid Al Ubaid Allah.
    The workshop presented a definition of the project that deals with the sale and leasing of real estate units on the map, for residential, commercial, investment, service, tourist, industrial and other purposes, so that the developer receives amounts from the beneficiaries or sponsors of the project.
    The workshop stated that the scheme offered for sale or leasing on the map is subject to engineering and legal supervision, and there is a guarantee account for the project deposits are paid by the beneficiary and the financier.
    A feasibility study for the project in Arabic, approved by a consulting firm specializing in economic feasibility studies, includes the estimated financial, construction and marketing data for the project, including the cost and contract price of the unit, the expected financial and administrative expenses, The duration of the project, the duration of delivery of the units, the project implementation stages, and the expected sources of funding for the project.
    The license requirements also provide a copy of the developer agreement with the account manager, the licensed bank in the Kingdom, to manage the above mentioned security account, with the addition of 20% of the estimated value of the project plus the land price or a letter of guarantee And a copy of the contracts of the real estate marketer, the legal accountant (accredited by the Saudi Organization for Certified Public Accountants), the consulting office (accredited by the Saudi Organization of Saudi Engineers) and clarification Task them all ,
    In this regard, they stated that the regulation obliges the real estate developer to obtain a license to sell on the map to pass the real estate developers' rehabilitation program, in addition to providing any other documents and certificates required by the committee, pointing that if the real estate developer is not the owner of the project land, The owner of the land has to get along with the provisions of the regulations, regulations and instructions of the committee, and provide the requirements and requirements of the supporting documents that guarantee the safety of work in the project and its continuity, after the license.
    According to the regulations, after completing the reasons for the request and the preliminary approval of the committee, the Ministry of Housing requests the Ministry of Justice to the Land by not allowing it to be disposed of without the permission of the Ministry.
    The regulation states that the license is reviewed, suspended or even canceled in certain cases, including proving the insolvency of the developer and declaring bankruptcy, issuing a conviction for a crime against the secretariat, violating the controls and decisions of the committee, or not initiating the project without an acceptable excuse, and then stop, which shows the lack of seriousness in the implementation.
    To ensure the proper implementation of the project, the regulation requires the accountant to maintain the equivalent of 5% of the total value of construction costs. The guarantee of good execution of the project, which is spent in repairing defects that may appear after completion of the project, may not be to the developer until after approval by the committee or The expiration of one year from the date of delivery of the project developer, and the settlement of all conditions of good performance during that year,
    The Regulations reviewed the functions of the accountant, engineering supervisor, secretary of the account and so on.
    The list determines a number of violations that require the commissioner to be referred to Investigation and public prosecution, including unauthorized activity, incorrect information to the ministry or committee, and the accountant or engineering consultant to provide false information or hiding facts in the reports about the project.

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