The Implementing Regulation of The Saudi Building Code Issued by The Royal Decree No. (M / 43) Dated 26/04/1438H

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The Implementing Regulation of

the Saudi Building Code Issued by


the Royal Decree No. (M / 43)
dated 26/04/1438H
Contents

No. Chapter Page

1 Chapter I Definitions 3

2 Chapter II The objective and scope of code application 5

3 Chapter III Duties of relative authorities and issuance of building licenses 7

4 Chapter IV Certificate of Occupancy 10

5 Chapter V Inspection, monitoring and follow-up 11

6 Chapter VI Building Code Updating, Developing and Re-issuing 12

7 Chapter VII General Provisions 13

8 Appendix Phases of code implementation 14

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Chapter I

Definitions

Article 1:

The following words and phrases, wherever mentioned in these Regulations, shall
have the meanings ascribed thereto unless the context requires otherwise:

Ministry: Ministry of Municipal and Rural Affairs.

Minister: Minister of Municipal and Rural Affairs.

Municipal Body: Secretariat or municipality.

Organization: Saudi Standards, Metrology and Quality Organization.

National Committee: Saudi Building Code National Committee.

The relevant body in the Ministry: The Central Unit of the Saudi Building Code in the
Ministry of Municipal and Rural Affairs.

Code: The Saudi Building Code, a set of terms and requirements and subsequent
implementing regulations and annexes related to building and construction to ensure
public safety and health.

Requirements: Design details and methods of implementation, construction and


identification of the standards that are considered the basis and reference in
application of the code.

Terms: The procedures and controls of building licenses and the preparation of
engineering plans and their requirements for buildings and Installations, and
constitute an integral part of the requirements.

System: The system for application of the Saudi Building Code.

Regulations: The Implementing Regulations of the Saudi Building Code.

Regulations for classification of violations: Regulations for classification of code


violations and identification of the penalties prescribed for each violation.

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Consideration Committee: Committee to consider violations of the Saudi Building
Code.

Construction / Building: What is architecturally constructed and prepared for use and
occupancy, and has a classification in the code.

Designer: The natural or legal person licensed by the concerned authority, with whom
the owner contracts to carry out studies and designs to meet his needs and
requirements according to the code.

Supervisor: The natural or legal person licensed by the Organization concerned to


exercise the supervision work, who is contracted by the owner to supervise the
implementation according to the approved licenses and plans.

Contractor: A natural or legal person licensed to engage in construction work,


contracted by the owner to carry out construction, installation, operation or
maintenance according to the code.

Inspector: The natural or legal person licensed and authorized by the competent
authority to carry out the inspection of buildings according to the code.

Building license: A written permit issued by the Municipal Authority in accordance


with the provisions of the municipal licensing procedures and its executive
regulations.

Occupancy Certificate: A permission to occupy the building to be issued by the


Municipal Authority after ensuring that the building conforms to the code.

License to practice: A professional permit issued by the concerned body for natural
and legal persons to carry out studies, designs, implementation, supervision, or
inspection, according to the code.

Relevant authorities: The relative government agencies, as per their duty to control
the application of the code, namely: the Ministry of Municipal and Rural Affairs,
Ministry of Interior (General Directorate of Civil Defense), Ministry of Energy, Industry
and Mineral Resources.

Violation: Any intentional or unintentional infringement of the code, its system of


application, or its regulations.

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Violator: Any natural or legal person who violates the code or any of the provisions of
its application system or regulations.

Hazardous violation: Any violation of the Code, which failure to remove or correct,
may jeopardize lives or property, or directly cause damage to human health or the
environment.

Public Utilities: Electricity, Telephone, Water and Sanitation.

Chapter II

The objective and scope of code application

Article 2:

The code aims to establish the minimum terms and requirements that achieve safety
and public health through the durability and stability of buildings and facilities and
facilitate access to them and provide a healthy environment, adequate lighting and
ventilation, rationalization of water and energy, protection of life and property from
the risks of fire, earthquakes and other risks associated with buildings.

Article 3:

The code consists of the following terms and requirements:

1) Administrative requirements.
2) Architectural terms and requirements.
3) Structural terms and requirements.
4) Electrical terms and requirements.
5) Mechanical terms and requirements.
6) Terms and requirements for water and energy conservation.
7) Health terms and requirements.
8) Terms and requirements of fire protection.
9) Terms and requirements of earthquake protection.
10) Terms and requirements of existing buildings.
11) Green building terms and requirements.
12) Terms and requirements of residential buildings.
13) Reference Standard Specifications.
14) Any other terms or requirements issued by the National Committee.

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Article 4:

The terms and requirements of the Code shall constitute an integral unit for
application.

Article 5:

The code applies and prohibits the application of any other code that conflicts with it
to all building and construction works in the public and private sectors according to
the classification of buildings, including the design, implementation, operation,
maintenance and modification of the building, and the existing buildings in case of
restoration, alteration of use, expansion, removal, as from the date of entry into force
of the code according to the hierarchy shown in the annex for the implementation
stages of the code. By the end of the implementation stages, the code shall apply to
all types of buildings classified therein.

Article 6:

The terms and requirements of the Code relating to thermal insulation, fire protection
systems shall be applied to all construction works immediately after the entry into
force of the code, without considering the stages of gradation referred to in Article 5
of the Regulation.

Article 7:

The application of the terms and requirements of the code on the existing buildings
shall be according to the possibility of application, based on a technical report from a
certified engineering office containing possible engineering solutions, and according
to the code.

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Article 8:

Historic buildings classified by the relevant authorities shall be exempt from the
application of the code requirements if they pose no danger to life or property, except
for fire protection requirements.

Chapter III

Duties of relative authorities and issuance of building licenses

Article 9:

Without prejudice to the right of the relevant authorities to exercise their duties and
powers in accordance with their regulations, the Ministry and the municipal body shall
be responsible in terms of the code, for example, the following duties :

1. Prepare the required survey reports according to the requirements of the


guideline plan.
2. Review, audit and approve documents and engineering drawings.
3. Issue building, restoration, modification and other licenses.
4. Follow up code implementation and monitoring.
5. Follow-up inspections and testing works during construction.
6. Issue the occupancy Certificate after building completion and ensuring that it
conforms to the code.
7. Approve the delivery of permanent and temporary public utilities.
8. Keep records of building, monitoring, inspection, control and penalties.
9. Build a database of engineering offices, companies and institutions licensed to
carry out construction works and accredited bodies to audit plans and inspect
buildings.

Article 10:

Without prejudice to the right of the relevant authorities to exercise their duties and
powers in accordance with their laws, the Directorate of civil defense, in respect of
the code, shall carry out the following duties:

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1) Follow up and control the application of the code and control its violations in
relation to the requirements of fire prevention and protection systems in all
stages of construction, maintenance, operation and storage.
2) Coordinate with the competent authorities to ensure that engineering and
technical offices and contractors have the necessary qualification in the field
of fire prevention and protection requirements in buildings to practice design,
supervision, implementation, maintenance and operation works.
3) Coordinate with the competent authorities in determining the requirements
for acceptance by inspection bodies in the field of safety of elevators,
prevention systems and fire protection in buildings.

Article 11:

Without prejudice to the right of the relevant authorities to exercise their duties and
responsibilities according to their regulations, the Ministry of Energy, Industry and
Mineral Wealth, in terms of the code, shall assume the following duties:

1) Coordinate with the competent authorities to prepare the requirements


for qualification of engineering and technical offices and contractors to
carry out electrical work.
2) Follow up and control the application of the code and control of violations
in relation to the electrical work within its duties.
3) Coordinate with the competent authorities in determining the
requirements for approval by inspection bodies in the field of electrical
work.

Article 12:

The competent authority in the ministry shall coordinate the completion of the
automated linking between the municipal bodies and other relevant bodies to
accomplish their specialized tasks related to the application of the code.

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Article 13:

Subject to the regulations of municipal licensing procedures and its executive


regulations, no building, renovation, modification, removal, change of use or other
similar license shall be issued unless the documents and drawings of the code are
verified and approved.

Article 14:

The license applicant undertakes to abide by the code, and to entrust the design,
supervision and implementation work to specialists who hold professional practice
licenses issued by the concerned authority and to submit the contracts concluded with
them, showing their addresses and contacts, provided that those contracts explicitly
provide for the commitment of practitioners to carry out the work entrusted to them
according to code. The license applicant is obliged to specify his address and contacts
and update them when changed, and his notice through them shall be valid.

Article 15:

The owner, designer, supervisor and contractor communicate with the municipal body
if there is disagreement about the application of the code or interpretation of its
clauses. They shall report any violation by one of the parties. They may communicate
with the municipal body or with the competent authority in the ministry if there are
proposals that will develop or improve the code.

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Chapter IV

Certificate of Occupancy

Article 16:

The building shall not be occupied until after obtaining a certificate of occupancy from
the municipal body according to the occupancy classification contained in the code. In
the absence of a classification of the required occupancy, it shall be classified within
the nearest group.

Article 17:

Subject to the municipal licensing procedures law and its executive regulations, the
license holder shall apply to the Municipal body after completion of the building for
the issuance of the occupancy certificate and attach with the application the necessary
licenses and requirements, the final inspection work, tests and drawings.

Article 18:

The application for issuance of Occupancy Certificate must be decided upon after
verifying the application of the terms and requirements of the Code within three
business days from the date of submission of the application. If the application is
rejected, the applicant shall be notified with the reasons for refusal by duly applicable
means of notification. The occupancy certificate must include the following data:

- Number and date of building license.


- Name and address of the building owner.
- Building address, coordinates, description and classification.
- Name of the municipal body.
- Type of use and occupancy.
- Availability of fire prevention and protection systems.
- Name and signature of the holder.

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Article 19:

The Municipal body may issue a temporary occupation certificate for a period not
exceeding one hundred and eighty days, renewable, for temporary and seasonal
installations, festivals and events, and labor housing in large projects when needed
during the period of implementation provided that it is verified that the occupancy
will be carried out safely and according to the code.

Article 20:

Subject to any special regulations, the public utilities of any building subject to the
Code shall not be permitted except under a certificate of occupancy. Municipal
authorities may, to the extent necessary, authorize the provision of utilities
temporarily for the purpose of testing installations and extensions during inspection,
and according to the code

Article 21:

Without prejudice to the applicable laws and regulations, the Municipal Authority and
the relevant authorities may request disconnection of public utilities when necessary
to remove a direct hazard to life or property. The owner or occupant of the building
shall be notified with the decision of disconnection. It is not allowed to return the
utilities until after the reason for disconnection has been removed.

Chapter V

Inspection, monitoring and follow-up

Article 22:

To verify the implementation of the code, inspections, tests, follow-up and approval
according to the stages, types, procedures and rules specified in the code shall be
carried out in a sequential manner according to the stages of construction, and may
not move from one stage to another before obtaining the approval of relevant bodies
on the previous stages. The inspection and final tests shall not take place until all the
required work specified in the license has been completed.

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Article 23

The license holder or his representative shall notify the inspector when the work is
ready for inspection according to the construction stages, and shall provide all the
documents, drawings and the necessary supplies for the required inspection and
testing works.

Article 24:

Violations shall be controlled and penalties imposed in accordance with the Code
Violations Classification provisions.

Chapter VI

Building Code Updating, Developing and Re-issuing

Article 25:

The National Committee shall propose the amendment, development and updating of
the Code. The relevant bodies and all concerned stakeholders shall directly provide
the Committee with the notes detected during the implementation of the code and
proposals for what needs to be modified and updated.

Article 26:

The National Committee shall set up a mechanism for receiving comments on the
amendment or updating of the Code, and shall study such comments and submit the
results to the Minister of Commerce and Investment, the Chairman of the Board of
Directors of the Organization to issue the amendment or update decisions.

Article 27:

The National Committee shall prepare scientific and technical instructions and
explanations of the Code. The relative bodies shall participate in the preparation of
the training and qualification curricula and plans and hold workshops, seminars and
conferences related to the Code.

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Chapter VII

General Provisions

Article 28:

The Ministry and the relevant bodies may use approved engineering offices,
companies and private institutions to carry out their tasks related to the
implementation of the code.

Article 29:

The relevant body in the Ministry shall undertake the following duties:

1) Develop the mechanisms of applying the code and follow up implementation


thereof by the secretariats and municipalities and provide the necessary
technical support thereto.
2) Set up procedural evidence and the necessary standard forms and the
mechanism of coordination with the relevant bodies to implement the
requirements of the law and its executive regulations.
3) Follow up the implementation of the decisions related to the code.
4) Supervise and follow-up the procedural work related to code implementation.
5) Follow-up procedures for the formation of committees to consider violations
in coordination with the secretariats.
6) Prepare the committees rules of work to consider violations, procedures and
reward their members and raise them for approval by a decision of the
Minister.
7) Receive the comments and proposals on the application of the code and set
up a database of the same and refer them to the National Committee for
consideration and propose the necessary actions.
8) Any other duties entrusted to it.

Article 30:

This Regulation shall be effective as from the date of publication thereof in the official
Gazette.

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Appendix

Phases of code implementation

Stage 1: From the date of the law's entry into force until the end of the month of Dhu
Al-Hijjah 1440H. During such period, the code shall be applied to the following
buildings: Governmental administrative buildings, high buildings (towers, more than
23 m), hospitals and hotels.

Stage 2: From the end of the first stage until the end of the month of Dhu Al-Hijjah
1441H, during which the code shall be applied in addition to what was applied in the
first stage on the following buildings: Complex buildings (mosques - sports facilities),
educational buildings, trading malls, communications towers, Industrial buildings and
facilities, buildings below 23 m, high-risk buildings.

Stage 3: From the end of the second stage until the end of the month of Dhu Al-Hijjah
1442H during which the code shall be applied in addition to what was applied in the
first and second stages on the following buildings: Complex buildings (banquet halls,
cinemas, theaters) health care centers, hotel furnished apartments, hostels,
Residential buildings and recreational facilities.

Stage 4: from the end of the third stage until the end of the month of Dhu Al-Hijjah
1443H during which the code shall be applied in addition to what was applied in the
above three stages on the following buildings: business buildings (airports, banks,
television stations, post).

Stage 5: From the end of the fourth stage until the end of the month of Dhu Al-Hijjah
1444H during which the code shall be applied in addition to what was applied in the
above four stages on all types of buildings classified within it.

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