Sources reviewed
Start with the price clause
Read any agreed adjustment first. In its absence, where division would harm the property and the price was for the whole, the buyer takes any excess and a shortfall carries no price reduction. Otherwise the seller bears the shortfall and is entitled to excess land or its price according to divisibility. A shortfall defeating the purchase purpose or a substantial extra price can support rescission. [1]
Measure like with like
Commission a survey matching deed boundaries to the sale plan and identifying whether each figure describes land, built area or usable floor area. If the seller says the price was fixed, collect the offer and calculations showing whether a rate per metre was only a valuation aid or the agreed basis for payment. Specify whether the claim seeks a price adjustment alone or a change to the registered area. For a claim within article 16 requiring a register change, proof of notation is required for the court to hear it. First confirm designation of the area and completion of first registration for this parcel. [3]
Frame the requested adjustment
Attach a schedule of promised and measured area and explain the practical effect, such as loss of a planned unit layout. Calendar delivery now. The article sets a one-year bar from delivery for rescission or a price decrease or increase on this ground. [1] At first registration, compare the approved survey with the tolerance for the area category in table 1. Where a shortfall exceeds it, the interested parties’ consent to the shortfall resolves the discrepancy for first-registration purposes. The amendment applies from publication on 30 October 2026. The buyer’s price claim turns separately on the sale terms and article 323. [1][4]
Temporal scope · 2026-10-30
The Law took effect 180 days after official publication. It generally reaches earlier events, except where a party invokes a conflicting pre-existing statutory rule or judicial principle applicable to the event, or a claim-barring period had already started. Separate registration and jurisdiction requirements still apply. [2]
Sources
- نظام المعاملات المدنية | Civil Transactions Law 323
- مرسوم الإصدار ونفاذ النظام · Enacting decree and commencement Royal Decree M/191, clauses IV–V; Civil Transactions Law, art. 721
- نظام التسجيل العيني للعقار | Law of Real Estate Registration 7, 13, 16
- تعديل اللائحة التنفيذية لنظام التسجيل العيني للعقار | Amendment to the Implementing Regulations of the Law of Real Estate Registration First, item 14 (regulation 13 and table 1); Second
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