Commercial property evacuation

Commercial property evacuation

In terms of procedural origin, the basic legal regulation for eviction of real estate (commercial and residential) is the same in the Kingdom of Saudi Arabia, as both are subject to the text of Article Seventy-Two of the Enforcement Law, which requires notifying the person executed against him of a period of time (5 days) before forced execution, use of force, and separation of services.

However, due to the different nature of the two properties, the executive regulations of the enforcement system differentiated how to deal with and implement eviction as follows:

Commercial real estate of a private nature (existence of rights of others): 

If the commercial property is a facility to which rights relate to other parties or persons (such as: private schools, factories, private hospitals), Paragraph (3/72) of the Executive Regulations requires that the evacuation not take place directly, but rather the government agency supervising that facility must be notified of the evacuation date determined by the Enforcement Department In order for that entity to deal with what is related to it to ensure that it does not harm others (such as patients in the hospital or students at school).

Handling goods and equipment (in commercial property) versus furniture (in residential property): 

Commercial real estate often contains goods and stocks, and the executive regulations have set out in paragraphs (7/72) and (8/72) a firm mechanism for dealing with it if its owner refrains from taking it:

Quickly spoiled goods (such as food): They are not delivered to the holder until their expenses are paid, and if he does not pay, they are sold directly at auction and the value of the expenses is collected from their price.

Goods that are susceptible to damage or whose value is less than (50 thousand riyals): They are sold immediately at auction if their owner does not attend.

Heavy equipment and other goods: delivered to the judicial warehouse, sold at auction after two months and their value placed in the court account.

Taking into account humanitarian and social cases (specific to residential properties):

Paragraph (5/72) of the Executive Regulations devoted special treatment to inhabited residential properties, as it stipulated that when entering homes in which there are (women or children), Sharia controls must be observed, and work must be done to facilitate their departure in a decent manner that does not obstruct Implementation procedures, and in this case it is required that implementation be in the presence of the competent security force.

Conclusion: Commercial evacuation procedures are characterized by speed, liquidation of movables (goods), and strict handling of them, with the necessity of notifying the regulatory authorities of sensitive facilities. While residential eviction primarily takes into account the humanitarian aspects of the family and children during the implementation of forced eviction.

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