Saudi Regulations

Notary Public

Synonyms: Notary، Notarization Officer، Public Notary، Electronic Notary

Last updated: 2026-05-07

Short Definition

Public official authorized to authenticate contracts and real estate transactions, issuing title deeds and authenticating sales, mortgages, powers of attorney.

Overview

The Notary Public in Saudi Arabia is a public official under the Ministry of Justice, responsible for documenting transactions and contracts and proving rights according to the Notary Law. The notary has full official authority; what is documented before them is considered a direct executory title without needing to file a lawsuit, distinguishing it from regular civil notarization. The Notary system expanded under Vision 2030 initiatives to include three categories: government notaries (Ministry of Justice employees in official branches), certified private-sector notaries (lawyers and legal practitioners licensed to provide some notarization services), and the electronic notary via the Najiz platform, which enables many transactions without needing to visit a branch. In the real estate sector, the notary is a fundamental pillar in ownership transfer transactions, sale contract documentation, mortgage attestation, real estate power of attorney issuance, and usufruct rights documentation. They also certify owner and tenant declarations and can serve as a reference for proving declarations in disputes. Since the digital transformation, the electronic notary executes many of these tasks via Najiz, and branch visits have become limited to cases requiring personal attendance (endowments, major wills).

Legal Basis

The notary public is based on the Notary Law issued by Royal Decree No. (M/4) of 1409 AH and its executive regulations, and the Notarization Law issued by Royal Decree No. (M/11) of 1436 AH, which expanded the scope of notarization to include the private sector. Notarized transactions are executory titles under Article (9) of the Enforcement Law, meaning they can be executed directly via Najiz without needing to file a traditional lawsuit. Certified notaries are also subject to Ministry of Justice oversight and their certifications may be revoked upon violations.

Practical Example

Mohammed, a Saudi owner in Makkah, wants to give a sale power of attorney to his brother Abdullah to handle selling a land in Taif worth SAR 600,000 while Mohammed travels for work abroad. Mohammed logs into Najiz, selects «Issue Sharia Power of Attorney», specifies the type (sale of specific property), the agent name Abdullah and his ID number, and precise authorities (sale, signing the deed, receiving payment). Mohammed confirms via Nafath, and the electronic power of attorney is issued within minutes with the electronic notary seal. Later, Abdullah uses the power of attorney number for any real estate transaction, verified instantly via Najiz. When the power of attorney is no longer needed, Mohammed can revoke it the same electronic way in seconds.

Common Mistakes

  • Assuming any notary signature carries identical authority — electronic, government, and certified notaries have different scopes of authority.
  • Issuing a general (absolute) power of attorney instead of one with specified powers — opens the door to broad misuse.
  • Forgetting to revoke the power of attorney after the purpose ends — it remains valid and may be used without the principal knowledge.
  • Trying to notarize transactions requiring personal attendance (endowments, major wills) via Najiz — may not be accepted and requires visiting a branch.
  • Overlooking the request for a notarized copy with the electronic seal — some entities (especially outside the Kingdom) require visual verification.

International Differences

Notarization systems differ between countries. In Turkey, Noter is a strong and independent entity with widely distributed private offices, and many transactions require attendance at the Noter. In the UAE, the notary is under the Ministry of Justice and provided through customer service centers and electronic applications. In Egypt, the Real Estate Registry plays the role of documenting real estate transactions. In the UK, there is no notary in the same concept; solicitors handle most notarizations or Notary Public is used only for international transactions. In the US, Notary Public is widespread but has limited authority (does not grant executory status). The Saudi advantage is combining the formality of the traditional notary with the speed of electronic transformation, reducing the need for personal visits in 90%+ of transactions.

FAQs

Does the electronic notary completely replace the government notary?
In many transactions yes, especially powers of attorney and declarations. But some transactions (endowments, major wills, marriage contracts) still require personal attendance.
What is the difference between a notary public and a lawyer?
The notary documents, certifies, and gives executory status. The lawyer represents and litigates before courts. Some lawyers are also certified as private-sector notaries.
Does a resident need a notary to rent an apartment?
No, the rental contract is documented on Ejar directly without needing a notary. But a notary may be needed for transactions related to declarations or rental powers of attorney.
What are the notary service fees?
They vary by type of transaction. Many electronic services are free or nominal. Some transactions (special powers of attorney) have specified fees in the ministry regulations.
Can a notary in the Kingdom notarize a transaction for someone outside the Kingdom?
Yes with conditions, via electronic notarization on Najiz if the person can authenticate via Nafath. Or the Saudi embassy can be used for declarative notarization and then sent inside.

In Other Languages

Arabic
كاتب العدل

موظف عام مخوّل بتوثيق العقود والمعاملات العقارية، يصدر صكوك الملكية ويوثق البيوع والرهون والوكالات.

English
Notary Public

Public official authorized to authenticate contracts and real estate transactions, issuing title deeds and authenticating sales, mortgages, powers of attorney.

Turkish
Noter

Sözleşmeleri ve emlak işlemlerini onaylamaya yetkili kamu görevlisi; tapu çıkarır, satış, ipotek ve vekaletnameleri onaylar.

Related Terms

Amlaki

About Amlaki

Amlaki is an integrated Saudi real estate management system, supporting agencies and owners in managing rentals, maintenance, and reports with high efficiency, fully compliant with the Ejar platform and Kingdom regulations.

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