Executive Rules of the Public Utilities Protection System published on 15/5/1446 AH

BY Nassr Albarakati · 06 January 2025

Executive Rules of the Public Utilities Protection System published on 15/5/1446 AH

Public facilities are among the most fundamental pillars that modern societies are built on. They provide essential services no community can do without, such as roads, bridges, and stormwater drainage networks. As the use of these facilities has grown, it has become essential to put rules in place to protect them from encroachment. In response, the Minister of Municipal, Rural Affairs and Housing issued Decision No. 4600108324, dated 15/5/1446H, approving the Executive Rules for the Public Facilities Protection Law, aimed at regulating the use of these facilities, protecting them, and reducing damage. The key provisions of these Rules are set out below.

First: Why the Executive Rules Matter

Regulating the use of public facilities. The Rules set clear limits on how these facilities may be used, helping preserve them for as long as possible.

Preventing encroachment. Preventing encroachment protects facilities from damage, whether intentional or not, that can lead to costly repairs or disrupt the facility entirely.

Ensuring the sustainability of services. Applying these Rules helps ensure that the services these facilities provide to the community remain sustainable over time.

Second: Key Provisions of the Executive Rules

Scope of application. Unless otherwise specified, the Rules apply to violations of the provisions of the Public Facilities Protection Law.

Compensation and repair. A person found in violation is required to cover the cost of repairs and compensate for any damage caused by the encroachment. The Rules also allow the competent authorities to carry out repairs at the violator's expense if the violator does not do so themselves. Compensation may include removing the encroachment, repairing the resulting damage, and restoring the facility to its original condition.

Penalties and fines. The Executive Rules impose deterrent fines that may reach one hundred thousand riyals, depending on the nature of the violation. Where a violation is repeated, the fine is doubled, though it may not exceed twice the maximum fine set for that violation. None of this prevents the matter from being referred, through the normal legal process, to the competent court.

Grievance procedures. Violators have the right to file a grievance before specialized committees to review fines and compensation decisions. These committees are made up of members specialized in Sharia or Saudi law. The Executive Rules also allow decisions issued by these committees to be appealed before the Administrative Court. A grievance against a committee's decision must be filed within sixty days of the date the decision became known to the violator, and filing a grievance does not suspend enforcement of the decision.

Entry into force. The Rules take effect from the date of their publication in the Official Gazette, and any provision inconsistent with them is repealed upon publication.

Third: The Impact of the Executive Rules on Protecting Public Facilities

The Rules help reduce damage, improving the efficiency and sustainability of public facilities. They also encourage cooperation between the competent authorities and the community. By promoting a culture of respect for public property and shared responsibility for protecting it, the Rules help raise public awareness. And by preserving infrastructure, they support economic development, encourage investment, and facilitate commercial activity.

Conclusion

The Executive Rules for the Public Facilities Protection Law mark an important step toward the sustainability of public facilities and the realization of Vision 2030's goals for infrastructure development. Protecting public facilities is not the responsibility of the competent authorities alone. It is a shared responsibility across society, one that requires awareness and cooperation from everyone, to ensure future generations can continue to benefit from these facilities.