The Firm’s Expertise in the Field of Real Estate Activities
The Firm has developed distinct expertise in providing legal advice in the field of real estate:
1. The Firm Provides legal services relating to the Royal Commission for Makkah City and Holy Sites. The services include:
For example, the following:
1.1 Drafting and reviewing of agreements with developers commissioned to develop slums.
2.1 Drafting and amending regulations relating to execution of projects for developing slums.
3.1 Seconding lawyers to work on permanent basis/ directly with the Royal Commission for Makkah City and Holy Sites.
1.4 Providing of legal advice to support the business of the Royal Commission for Mak- kah City and Holy Sites particularly in matters relating to expropriated properties.
5-1 Representing the Royal Commission for Makkah City and Holy Sites with respect to all administrative cases filed against it before the Board of Grievances; these legal cases relate to properties located within projects for developing slums areas.
2. For more than two years, The Firm has been providing legal advice to the Real Estate Development Fund, thus helping develop its real estate programs and drafting its main contracts and agreements
This has resulted in The Firm attaining an accurate and clear legal vision to legal mechanisms that govern major real estate projects executed in partnership between the public and private sectors on the one hand and the real estate financiers on the other. The tasks carried out in this regard are the following:
1-2 Drafting, reviewing, and amending contracts for housing subsidy in connection with the programs of the Real Estate Development Fund, analyzing relevant legal problems, and making appropriate recommendations;
2-2 Drafting, reviewing, and amending framework agreements concluded be- tween the Real Estate Development Fund and real estate financiers (banks and finance companies) relating to the finance programs of the Real Estate Devel- opment Fund;
3-2 Preparing studies and Sharia and legal memoranda and providing consulta- tions relating to the tasks and activities of the Real Estate Development Fund.
3. Providing legal advice to Umm Al-Qurra for Development and Construction Company:
a company owned by a cluster of governmental funds, the General Authority of Awqaf, and a group of investors. Umm Al-Qur- ra for Development and Construction Company is constructing the project of King Abdul-Aziz Road in Mecca under the Royal Order No. MB/6258 dated 05/05/1426H. This is one of Mecca’s major real estate projects, including gov- ernmental real estate projects, private real estate projects, and Waqf projects. The general legal rules relating to similar projects closely interwove with rules specific to the project and those related to expropriation. The Firm has been providing advice since the inception of the project and has provided, ever since, all types of legal support, including, but not limited to,
1-3 Drafting rules and procedural manuals relating to regulating carrying out King Abdul-Aziz Road in Mecca in light of the basic legal framework for this project represented in the Royal Order No. MB/6258 dated 05/05/1426H;
2-3 Solving the legal problems relating to properties located within the proj- ect, whether governmental, private or Waqf real estate (the real estate units exceed 3000);
3-3 Handling claims relating to properties located within the project – ranging from administrative claims resulting from expropriation, ownership dis- putes, real estate overlap claims, and other types of disputes and claims;
4-3 Drafting agreements and memoranda of understanding between the relevant parties.
4. Preparation of analytical legal studies to assess the legal position of one of the biggest investment funds owned by the Government/ State.
This relates to a number of claims against the contractor of the project and other parties in one of the biggest construction projects in the Kingdom of Saudi Arabia. Our Firm has provided legal services including:
1-4 Legal description of the breaches made by the contractor and the other parties involved in the project.
2-4 dentifying the main potential claims against the contractor and the other parties involved in the project by determining the regulatory and contractual grounds of such claims; the technical, engineering and accounting requirements of such claims and determining the legal position. The respective claims relate to:
- Demanding the difference in the cost of executing remaining works seized from the contracto
- ▪ Compensation in relation to removal and demolition of some units, in whole or in part, of the project or relating to the rehabilitation works and remedying of defects
- ▪ Compensation in relation to defective execution (re-design) which is likely to be made in case of rehabilitation
- ▪ Compensation resulting from damages and loss of profit re- sulting from delay in execution.
3-4 Types and methodologies of inspecting the elements of the project:
- ▪ First type: comprehensive inspection of all elements of the project,
- ▪ Second type: partial inspection of the elements of the proj- ect and the building by taking a sample and extrapolation,
- ▪ Meeting and cooperating with one of the international engineering offices/ firms (HKA) to determine the techni- cal requirements and formulate engineering and statistical methodology for preparing inspection reports based on the principle of sampling/ extrapolation.
5. Providing legal advice to many prominent real estate and investment companies carrying out real estate investment projects and financial intermediaries engaged in the man- agement of real estate funds – the most important of these companies are:
1.1 Dalah Al Baraka Group;
1.2 Dar Al Arkan for Real Estate Development Company;
1.3 Jarir Commercial Development Company;
1.4 Saudi Bin Laden Group ;
1.5 Andalus Real Estate Company;
1.6 Kenan International for Real Estate Development Company;
1.7 Jeddah Development and Urban Regeneration Company;
1.8 Jarir Marketing Company;
1.9 Oudah Capital Company;
1.10 Securities and Intermediary Investment Company.
Different types of legal services are provided to these companies, from draft- ing development agreements and real estate investment agreements, pro- viding legal advice, preparing legal studies based on analyzing legal risks of real estate projects, and suggesting solutions for the problems encountered.
6. The Firm is liquidating large assets for some charity founda- tions based on instructions from relevant competent author- ities.
The majority of the assets of these foundations are real estate units and ownership interest stakes. The Firm undertakes the task of liquidating these assets, including scrutinizing title deeds of such assets and conducting sale auctions, besides supervising the businesses of support service providers such as evaluators, marketers, and auditors.
7.The Firm is representing a party with respect to trespass on Waqfs belonging to al Madina Al Munawara.
The Firm is respon- sible for gathering information and proving trespass before competent government bodies in coordination with the government committees formed by royal instruction to look into the trespass. The Firm under- takes scrutiny of the title deeds and documents relevant to this trespass and follows up on the procedural and administrative issues relating to the trespass.
8. Providing legal advice in the field of real estate financing to a number of Saudi banks and finance companies, including:
1.1 Samba Financial Group;
1.2 Al Rajhi Bank;
1.3 Al Jazeera Bank;
1.4 Riyadh Bank;
1.5 Saudi Investment Bank;
1.6 Amlak International for Real Estate Development & Finance Com- pany; and
1.7 Saudi ORIX Leasing Company.
The Firm has developed numerous real estate finance products based on the modes recognized in the Saudi market (such as Murabaha, ain ijara, ijara mawsufa fi thima, istisna), besides developing real estate products appropriate to the corporate sector based on products tailored to finance major real estate projects.
9. Representing several clients in many important real estate lawsuits involving subtle real estate details – this necessitates and requires real chal- lenges and proven legal knowledge with respect to real estate regulatory rules; for example, we represent:
1.1 Dar Al Arkan for Real Estate Development Company in many major real estate disputes;
1.2 Umm Al-Qurra for Development and the Construction Company in the claims filed against the company by own- ers of properties located within the project of King Ab- dul-Aziz Road in Mecca – the claims relating to real estate ownership.
1.3 Mecca Al Mukarama Development Authority with re- spect to the claims filed before the Board of Grievances. The claims relate to objections to administrative orders relating to the project of King Abdul-Aziz Road in Mecca falling within the scope of the expropriation law for public benefit and its implementing regulations.
1.4 Riyadh Bank in relation to claims to evidence mortgage of real estate assets;
1.5 The Saudi Investment Bank in claims relating to real es- tate mortgages.
1.6 Dalah Group in many real estate claims;
1.7 Al Balad al Ameen for Development and Urbanization (the investment vehicle of the municipality of Mecca Al Mu- karama) in many real estate claims.