Ownership & Rights

Strata Title

Synonyms: Unit Title، Condominium Ownership، Sectional Title، Commonhold

Last updated: 2026-09-25

Short Definition

Strata title is a form of ownership in which each owner holds a separate unit in a jointly owned building, such as a flat, floor, shop or parking space, under its own title deed, plus an undivided share in the common parts such as the land, entrances, lifts and roof.

Overview

Strata title is a form of ownership in which each owner holds a separate unit in a jointly owned building, such as a flat, floor, shop or parking space, under its own title deed, plus an undivided share in the common parts such as the land, entrances, lifts and roof. In Saudi Arabia it is governed by the Law of Ownership, Subdivision and Management of Real Estate Units issued by Royal Decree No. (M/85) dated 2/7/1441H. It starts with subdivision: any owner of land with a compliant deed may build, subdivide the building into separate units and obtain a deed for each unit, and the Real Estate General Authority (REGA) approves subdivisions and re-subdivisions. Each owner's share in the common parts equals the ratio of his unit's area to the total area of the subdivided units (the parties may agree to take value into account), and this share is attached to the unit in every disposition, so it cannot be sold separately. The seller must provide a disclosure statement of the unit's specifications, rights and obligations; otherwise the buyer may rescind the sale within thirty days in the cases set by the law. Where there are three or more owners, they must form an owners' association and register it with REGA; it has legal personality, articles of association, a general assembly and a manager. General assembly decisions are valid if approved by owners holding at least three quarters of the total unit area, unless the articles require more, and no owner's votes may exceed half however large his share. Every owner must pay his contribution to management and maintenance costs and may not abandon his share to avoid them, and the manager's decisions and contracts approved by REGA are enforceable instruments against the owners. Under the Real Estate Registration Law, each subdivided unit has its own property registration deed.

Legal Basis

Law of Ownership, Subdivision and Management of Real Estate Units issued by Royal Decree No. (M/85) dated 2/7/1441H and Council of Ministers Resolution No. (440) dated 1/7/1441H, replacing the 1423H law: Article 2 (subdivision and a deed for each unit), Article 4 (REGA approves subdivision), Article 6 (disclosure statement and 30-day rescission right), Article 7 (share in common parts), Article 12 (owners' association for three or more owners, registered with REGA), Article 18 (three-quarters-of-area quorum), Article 21 (manager decisions approved by REGA are enforceable instruments) and Article 24 (mandatory contributions). Real Estate Registration Law issued by Royal Decree No. (M/91) dated 19/9/1443H, Article 28.

Practical Example

A building in Jeddah has 12 subdivided flats with separate deeds and a total area of 1,800 m². Reem owns a 150 m² flat, so her share in the common parts is 150 ÷ 1,800 = 8.33%. The general assembly of the registered owners' association approves an annual budget of SAR 72,000 for cleaning, security and lift maintenance, so Reem's share is SAR 6,000 a year (8.33%). When the association decides to replace the lifts at a cost of SAR 180,000, the decision is valid because the owners in favour hold 1,400 m² of the 1,800 m² (77.8%), more than three quarters of the area. One owner refuses to pay, arguing he does not use the lift, but the law obliges every owner to contribute and does not allow him to abandon his share to avoid it, and the manager's REGA-approved decisions are enforceable against him.

Common Mistakes

  • ✗Buying a flat in an unsubdivided building under an informal contract without a separate unit deed, leaving the buyer without an independent unit that can be registered or mortgaged.
  • ✗Not forming an owners' association despite having three or more owners, leaving common parts without lawful management or a budget.
  • ✗Assuming that an owner who does not use a shared service (such as the lift) is exempt from its costs, although every owner must contribute according to his share.
  • ✗Taking common parts such as the roof or parking for private use, or altering the façade without approval, which the law prohibits.
  • ✗Not asking for the disclosure statement when buying, although it sets out the unit's rights and obligations and gives the buyer a right of rescission for material omissions.

International Differences

Similar systems exist in most countries under different names: strata title in Australia and Singapore, condominium in the US and Canada, and commonhold in England, although leasehold remains the most common form for flats there. In Turkey it is governed by the Condominium Law (Kat Mülkiyeti Kanunu), with management through an owners' board and a manager. In the UAE, each emirate's jointly owned property laws provide for owners' associations and service charges. The Saudi system is distinctive for making an owners' association mandatory at three owners, its three-quarters-of-area quorum, its cap of half the votes for any single owner, and treating approved manager decisions as enforceable instruments.

FAQs

Does a flat owner in Saudi Arabia get a separate deed?▾
Yes. The real estate units law allows a building to be subdivided into separate units with a title deed for each subdivided unit once REGA approves the subdivision. Under the Real Estate Registration Law, each subdivided unit has its own registration deed.
How is my share in the common parts calculated?▾
It equals the ratio of your unit's area to the total area of subdivided units in the subdivision approval document, and the parties may agree to take both value and area into account. The share is attached to your unit in every disposition.
When must an owners' association be formed?▾
When a jointly owned building has three or more unit owners, they must form an owners' association and register it with REGA. For off-plan sales, the obligation to register starts from the handover of the second unit.
What majority do owners' association decisions need?▾
General assembly decisions are valid if approved by owners holding at least three quarters of the total subdivided unit area, unless the articles require more. No owner's votes may exceed half.
Can I refuse to pay shared maintenance charges?▾
No. The law requires every owner to pay his contribution to the costs of managing the building and maintaining common parts, and he may not abandon his share to avoid them. The manager's REGA-approved decisions are enforceable instruments against owners.

In Other Languages

Arabic
ملكية الطبقات

ملكية الطبقات (ملكية الوحدات العقارية المفرزة) هي نظام ملكية يملك فيه كل مالك وحدة مستقلة في عقار مشترك -كشقة أو طابق أو محل أو موقف- بصك خاص بها، ويملك معها حصة شائعة في الأجزاء المشتركة كالأرض والمداخل والمصاعد والخزانات والسطح.

English
Strata Title

Strata title is a form of ownership in which each owner holds a separate unit in a jointly owned building, such as a flat, floor, shop or parking space, under its own title deed, plus an undivided share in the common parts such as the land, entrances, lifts and roof.

Turkish
Kat Mülkiyeti

Kat mülkiyeti, her malikin ortak bir binadaki daire, kat, dükkân veya otopark gibi bağımsız bir bölümü kendi tapusuyla edindiği ve arsa, girişler, asansörler ve çatı gibi ortak alanlarda paylı bir hisseye sahip olduğu mülkiyet biçimidir.

Related Terms

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