'Constitutional Court' rules against accepting appeal on real estate agency regulation law

The Constitutional Court, in its advisory chamber presided over by Advisor Adel Al-Bahouh, ruled to reject the direct appeal filed by a real estate company managing third-party properties, challenging the constitutionality of Law No. 125 of 2023 concerning the regulation of real estate agencies and its executive regulations, while confiscating the security deposit.

The company based its appeal on the grounds that the law violates the principle of equality, restricts freedom of contract, infringes upon property rights, and applies retroactively by prohibiting irrevocable or cancellable real estate agencies and obligating parties to existing agencies to regularize their status within the legally specified deadline.

The Court clarified that the grounds for the appeal had previously been addressed in a ruling issued on June 25, 2025, regarding the same law, which concluded with the rejection of the appeal. It emphasized that re-raising the same arguments constitutes a dispute over a constitutional matter already adjudicated, and that its decisions carry absolute authority in constitutional issues it has settled.

It stressed that its oversight is limited to verifying the conformity of legislation with constitutional provisions and does not extend to assessing the appropriateness of the laws or any deficiencies that may arise during their implementation.

Regarding the appeal against provisions of the executive regulations on the grounds that they contradict the law or were issued after the prescribed deadline, the Court explained that these matters concern the legality of the decision and fall within the jurisdiction of the Administrative Court. They are subject to constitutional review only if a provision in the regulations conflicts with constitutional provisions.

The Court concluded that the appeal lacked the necessary seriousness for acceptance and ruled to reject it, confiscating the security deposit.