Kuwait bans private institutes in housing areas, limiting them to nurseries

• Eng. Manal Al-Asfour, Acting Director General of Kuwait Municipality, stated that private, investment, and commercial residences can host nurseries with neighbor approval and per Article 2 regulations.

Eng. Manal Al-Asfour, Acting Director General of Kuwait Municipality, stated that private institutes cannot be established in residential areas, except for nurseries, Al Anba newspaper reported.

In response to a question from member Walid Al-Dagher regarding private institutes and nurseries in residential areas, Eng. Al-Asfour explained the legal basis permitting private nurseries and institutes to operate in such areas.

She cited Law No. 22 of 2014 on private nurseries, which stipulates in Article 3 that private, investment, and commercial residences may, in all cases, be used for private nursery activities, subject to the provisions of Article 2.

The executive regulations set the licensing controls for establishing private nurseries in these areas, requiring prior approval from neighbors. Nurseries licensed before the implementation of this law may continue operating within the framework of the applicable regulations and decisions.

Article 17 of the Executive Regulations of the aforementioned law stipulates the following:

In all cases, the licensing of private, investment, and commercial residences for private nursery activities is permissible, provided that the following conditions are met:

First: Private residences

• No more than three nurseries may be licensed within a residential plot, with one designated for people with special needs.
• The plot must be located in a service area.
• Adequate parking spaces must be provided, proportional to the number of nursery supervisors’ vehicles.
• The entire building must be used exclusively as a nursery and cannot serve residential or other purposes.
• The basement may not be used for any purpose.

Additionally, Paragraph 6 of Article 12 of the Executive Regulations requires obtaining approval from the Kuwait Municipality for the nursery’s location, including the identification of specific plots requiring such approval.

Accordingly, private nurseries may be established in residential areas upon obtaining approval from both the municipality and neighboring residents, in accordance with the regulations set by the Executive Regulations of Law No. 22/2014.

Regarding the number of licenses issued for private institutes and nurseries in the governorates (Capital, Ahmadi, Farwaniya, Jahra, Hawalli, and Mubarak Al-Kabeer), she clarified that the municipality is not authorized to issue such licenses.

She further indicated that the number of violating private institutes and nurseries in these governorates is as follows—Farwaniya and Mubarak Al-Kabeer with 41 violations, Capital and Jahra with 17 violations, and Hawalli and Ahmadi awaiting a list of violations from the governorate.

Regarding the legal measures taken against violating private institutes and nurseries, Eng. Al-Asfour stated that through field monitoring, property owners or users are notified to cease any unauthorized use and rectify the legal status of the property within seven days.

If the violations are not addressed within this period, a report is issued for breaching building regulations under Article 38 of Kuwait Municipality Law No. 33 of 2016 and Article 25 of Ministerial Resolution No. 206/2009 and its amendments.

This report is then submitted to the Legal Department for further legal action against properties in private residential areas being used as institutes, nurseries, or charitable/public benefit associations.

Regarding private institutes in residential areas, Table No. 1—attached to Ministerial Resolution No. 206 of 2009, which specifies requirements and standards for private and model residential buildings and was amended by Ministerial Resolution No. 288 of 2024—states that, for the purposes of this table, the terms and phrases listed shall have the meanings assigned to them unless otherwise indicated by context.

• Model residential buildings: These are buildings constructed by the state as part of housing care programs, following either a unified architectural design or various models. They may also include land distributed for residential construction, designated for the residence of a single extended family. These buildings may not be used for any purpose other than private residence.
• Private residential buildings: These are buildings constructed by individuals or the private sector using different architectural designs, designated for the residence of a single extended family. These buildings may not be used for any purpose other than private residence.

This means that residential buildings in private and model residential areas may only be used for their designated purpose—private housing—except for nurseries, as mentioned above. Therefore, private institutes are not permitted in these buildings, and legal action must be taken against any violations.