The Law of Municipalities and Rural Areas in the Kingdom of Saudi Arabia is part of a set of laws developed by the Bureau of Experts at the Council of Ministers. It falls within the laws of municipal services, urban planning, and development. This law was issued through a Royal Decree during the reign of King Khalid Bin Abdulaziz Al Saud in 1976.
Introduction to the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas outlines various aspects of municipal organization, including provisions related to the establishment of municipalities, their roles and authorities, the powers of the municipal council, membership requirements, and the responsibilities and restrictions on its members. It also specifies the procedures for council meetings, defines the mayor’s duties and authority, and regulates the municipality’s financial affairs.
Definition of municipalities in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas defines a municipality as a legal entity with financial and administrative independence, responsible for carrying out the tasks assigned to it by the law and its Implementing Regulations. Municipalities are created, named, and classified, and their category may be altered or abolished by a decision from the Minister of Municipalities and Housing, based on a proposal from the District Council, considering factors such as demographic, social, urban, and economic conditions.
Status of municipalities in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas allows for the merger of two or more municipalities through a decision by the Minister of Municipalities and Housing, following a recommendation from the respective municipal councils and approval from the District Council. This decision determines the name, center, category, and all aspects related to the rights and obligations of the new municipality. Similarly, a municipality can be divided into two or more separate municipalities by ministerial decision, based on a proposal from the District Council. This decision specifies the names, centers, categories, and all related rights and obligations of the newly formed municipalities.
Tasks of municipalities in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas outlines the responsibilities of municipalities, which include tasks related to organizing, improving, and beautifying their areas, as well as maintaining public health, comfort, and safety. To achieve this, municipalities are authorized to take necessary actions, particularly in the following areas:
- Planning and coordinating the town according to a regulatory plan officially approved by the relevant authorities.
- Issuing permits and overseeing the construction of buildings and all public and private infrastructure.
- Preserving the town’s appearance and cleanliness, establishing and managing gardens, parks, squares, and public swimming areas either directly or through third parties, and ensuring their maintenance.
- Safeguarding public health by filling ponds and swamps, mitigating flood risks, and planting tree barriers to protect the town from sand encroachment.
- Regulating food and consumer goods, overseeing their availability to citizens, monitoring prices and public service fees, and ensuring the accuracy of weights, measures, and standards in collaboration with relevant authorities, including annual verification and marking.
- Establishing and managing slaughterhouses.
- Creating markets and designating sales locations.
- Licensing and overseeing crafts, professions, and public shops, ensuring they meet health and technical standards.
- Ensuring safety and public comfort, including taking necessary measures in coordination with relevant authorities to prevent and extinguish fires, demolish unsafe buildings or parts of them, and establish public shelters.
- Designating parking areas for street vendors, vehicles, and carts in agreement with the relevant authorities.
- Regulating internal transportation, including setting fare rates in collaboration with relevant authorities.
- Expropriating real estate for public use.
- Determining and collecting municipal fees, revenues, fines, and penalties for violations of municipal laws.
- Supervising the election and appointment of heads of crafts and professions, monitoring their work, and resolving disputes among them.
- Protecting historical buildings in partnership with relevant authorities.
- Promoting and supporting cultural, sports, and social activities in collaboration with relevant authorities.
- Working with relevant authorities to prevent begging and homelessness, and establishing shelters for the elderly, orphans, the mentally ill, the disabled, and others in need.
- Establishing cemeteries and public restrooms, maintaining and fencing them, and overseeing burial services.
- Managing stray and dangerous animals, while ensuring humane treatment of all animals.
- Preventing and addressing any encroachment on municipal and public properties under its jurisdiction.
- Performing any other duties as assigned by the Council of Ministers.
Municipal authorities in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas outlines the responsibilities of municipal authorities. The Municipal Council holds the authority for oversight and reporting, while the mayor is tasked with execution, supported by the municipality's agencies. The Minister of Municipalities and Housing serves as the municipality’s administrative reference.
The Law of Municipalities and Rural Areas establishes the mayor as the primary authority on municipal matters, responsible for managing operations and ensuring that employees perform their duties in accordance with applicable laws and instructions. The mayor is authorized to issue decisions and directives concerning municipal affairs, provided they align with existing laws, and acts as the municipality's representative in external matters. The mayor also has the right to delegate this representation in writing to a municipal employee.
Municipal properties in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas addresses the handling of municipal lands and properties, stating that, subject to recognized Sharia rights, any land within the municipality's boundaries that is not privately owned belongs to the municipality. Additionally, both the movable and immovable assets of the municipality, along with all its resources, are protected from seizure.
The budget and resources of municipalities in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas outlined the budget and resources of municipalities, stating that the municipal budget must be prepared according to relevant laws and integrated with the state budget from start to finish. The municipality’s resources include:
- Direct municipal fees collected by the municipality and its share of indirect fees allocated by the state and collected on its behalf.
- Fines.
- Revenue from municipal assets.
- Bequests and donations.
- Fees imposed by a special law to cover extraordinary emergency expenses.
- Subsidies and allocations approved by the state to the municipality.
- Other resources permitted by the law.
Powers of municipalities in the Law of Municipalities and Rural Areas
The Law of Municipalities and Rural Areas outlines the authority granted to municipalities in carrying out their responsibilities. It states that if an individual fails to comply with orders issued under the municipality's legal powers, the municipality may, by order of its head, enforce those orders at the expense of the non-compliant individual, in accordance with the law, without affecting any penalties associated with the refusal.
The Law of Municipalities and Rural Areas also empowers the head of the municipality to temporarily suspend licenses and permits if their terms are violated, and, with the approval of the Municipal Council, to revoke them. Individuals affected by decisions or actions of the Municipal Council or the municipality's head have the right to appeal to the Minister of Municipalities and Housing.
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