Subdivision Regulations in KSA

The lack of studies about SR has created some limitations in writing this section.

Despite the lack of research in this area, there are a large number of subdivision schemes that have been approved and adopted at the Saudi cities. Yet, SR as a subject has still not been dealt with in academic literature. The lack of available literature encouraged engagement with general data from local studies about SR, such as its definition, purposes and content.

3.2.6.1 Source of Subdivision Regulations

According to Abdulaal and Aziz-Alrahman (1993), the source of SR came from two main sources. The primary sources are:

 Royal orders

 High commands

 Royal protocols

Chapter Three: Subdivision Control and Land Subdivision Development Process in the Saudi Arabian Context

 Cabinet decisions

 Letters from the Deputy Prime Minister

Secondary sources from MOMRA include:

 Decisions and circulars

 Circulars from deputies of the ministry

 Circulars from heads of departments in the ministry

While there are strong ties between the two sources, the first source is considered the basis for any instruction issued by the second source. In 1988, 25% of subdivision conditions were issued from the first source, while 75% were issued by MOMRA (Abdulaal and Aziz-Alrahman, 1993). Generally, the two sources issue conditions to regulate aspects relating to the process of preparing subdivision plans. The conditions are summarised in the following points:

 Process for applying for subdivision of land

 Process of preparing subdivision plan

 Locations of permitted subdivision plan

 Technical conditions

 Plots for public facilities

 Administration process and coordination with other parties

The conditions shaped the publication of the SR guidelines for Saudi cities. As shown in Section 1.3, three sets of SR guidelines have been published and adopted by Saudi cities. The MOMRA issued the first SR guidelines in 1976, including a detailed process description for the preparation and approval of the plan (Abdulaal, 1987; Abdulaal and Aziz-Alrahman, 1993). The second set of guidelines were issued in 1984, and the most recent in 2003. The 2003 guidelines have been criticised (see Section 3.6.2), although current SR guidelines remain intact (Alskait, 2003a).

These form a uniform code for all KSA cities, independent of size or location. Ben-Joseph argues that in adopting a uniform code, there are issues of application, as evidenced in American cities. This was particularly true following World War II. Ben-Joseph (2005) concluded that the spread of uniform model codes repeatedly failed with previous models because of the lack of success in responding to local needs and

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aspirations. Furthermore, the application of model street and infrastructure standards has resulted in land wastage and unnecessary expenses.

The uniform code, by its very structure and formation, cannot take into consideration the specific characteristics of individual cities, thereby causing the application to be at times ineffective and at others the generator of urban problems.

3.2.6.2 Definition of Subdivision Regulations

Current SR guidelines do not include a clear definition of what SR are, and neither did the codes preceding it. However, Al-Oleat (2004) introduced a definition of the guidelines in which he showed that the process of land subdivision is considered the only way to transform large untouched land parcels into smaller plots, ready for construction. He sees this process as needing a clear regulating process that is supported by planning and design standards, which are there to prevent any chance of poor development.

3.2.6.3 Purpose of Subdivision Regulations

The 2003 SR guidelines define four main purposes: (1) creating an appropriate physical environment; (2) providing comfort and safety for residents; (3) reducing construction and maintenance costs; and (4) regulate the government’s preparation process of private residential schemes. Alskait (2003a) sees the purpose of local SR as protecting public interests and ensuring the fair handling of private lands. Alskait highlights that SR needs improvement to meet today’s ever increasing and sophisticated residential requirements. Abdulaal (2012) indicates that the purpose of local SR is to control land subdivision activity by securing approval from the municipality. He describes the approval process and conventional requirements contained in it:

Municipalities are entrusted to grant approval if the subdivision plan meets technical requirements, and conforms to city plans. Owners are requested to allocate up to 33%

of the subdivided area to municipal services, which can include roads, open spaces and car parking. Land for other facilities is required to be allocated according to planning standards. However, the actual provision of infrastructure is not required: owners use asphalt roads to attract buyers while other utilities are left to concerned public bodies to take care of after plots are sold and construction begins (2012:38).

Chapter Three: Subdivision Control and Land Subdivision Development Process in the Saudi Arabian Context

Abdulaal describes what the developer should do to get approval, and the main conventional requirements the developer must install in the project.

3.2.6.4 Content of SR Code

Several authors writing about the local level have highlighted the content of the SR code. For instance, Abdulaal (1987) has provided general information about the content of SR guidelines issued in 1976, and he illustrates some brief data about the plat approval process. Edrees (2001) clarifies the general view of the 1984 SR code. He demonstrates several issues related to the process of implementation of SR conditions by the developers in Makkah city. Alskait (2003a) highlights the content of the current 2003 SR code, focusing on the presentation of design standards. Neyazi (2007) clarifies the content of the current SR code in a general manner. Al-Freadi (2008) reviews the previous SR code publications, and defines differences between the codes in terms planning standards. However, none of the researchers mentioned above have discussed and analysed the content of the SR guidelines themselves, presented the evolution of the plat approval process, shown the plat approval process stages based on real plat applications, or presented the main actors in the process or the studies prepared or technology used by the officials. The officials’ views responsible for the plat approval have also not been examined.

Brief Overview of SR Approval Process

In KSA, the SR guidelines for residential LSPs are comprised in a short document. The document’s purpose is to define the land subdivision approval procedures and requirements, for developers or their designers, and also the government’s officials. The document was created based on the views of MOMRA officials rather than on the community’s needs.

Subdivision regulations and their related procedures in Jeddah are further illustrated in following paragraphs.

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