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KUWAIT REVEALS NEW PROPERTY OWNERSHIP RULES FOR NON-CITIZENS

Kuwait tightens property ownership rules for non-citizens, limiting foreign ownership to ensure economic stability and restrict real estate access.

Kuwait has recently implemented stricter regulations for property ownership by non-citizens. These rules, tailored to different groups, aim to ensure economic stability. They also help control and limit foreign ownership in Kuwait's real estate sector. Here’s a breakdown of the key rules and what they mean for potential buyers.

PROPERTY OWNERSHIP RULES IN KUWAIT FOR GCC CITIZENS

People from Gulf Cooperation Council (GCC) countries like Saudi Arabia, the UAE, Bahrain, Qatar, and Oman, have the same property rights in Kuwait as Kuwaiti nationals. They can buy real estate in Kuwait without any extra conditions or requirements. This policy reflects Kuwait's strong political and economic ties within the GCC. It makes property ownership simpler for Gulf nationals in Kuwait.

The members of the Gulf Cooperation Council (GCC), namely Saudi Arabia, the UAE, Bahrain, Qatar, and Oman, have the same property rights as the Citizens of Kuwait. They can buy real estate in Kuwait without any special permission or extra documents. This policy is a testament to Kuwait’s economic ties within the GCC. It makes property ownership in Kuwait easier for Gulf nationals simpler for Gulf nationals in Kuwait.

CONDITIONS FOR NON-GCC ARAN NATIONALS

Non-GCC Arab nationals can buy property in Kuwait. But they must meet several specific requirements:

  1. Reciprocal Agreement: There must be a reciprocal agreement between Kuwait and the applicant’s home country. This means that Kuwaiti nationals should have similar property rights in the applicant’s country.
  2. Government Approval: The Kuwaiti Council of Ministers must approve the acquisition of a property by a foreign national. This ensures that the government monitors and has control over the ownership of property by non-Kuwaiti nationals. 
  3. Residential Property Only: Non-GCC Arabs can only buy properties designated for private, residential use.
  4. Residency Requirement: The buyer must have lived in Kuwait for at least ten years. This indicates a long-term commitment to the country.
  5. Clean Legal Record: Applicants must provide a clean legal and criminal record to qualify for property ownership in Kuwait.
  6. Financial Capacity: Buyers need to prove financial stability to support property ownership.
  7. Property Size Limit: Properties for non-GCC Arabs must not exceed 1,000 square meters. Applicants can also only own one property at a time.

These new property ownership rules ensure that non-GCC Arab nationals can only buy limited, residential property. By doing so it protects Kuwait's interests in its real estate market.

PROPERTY INHERITANCE RULES FOR NON-CITIZENS IN KUWAIT

Non-GCC and non-Kuwaiti people who inherit property in Kuwait face extra restrictions. They must sell the inherited property within one year unless they receive special permission to keep it. This law prevents long-term foreign ownership of Kuwaiti real estate through inheritance without proper legal approvals.

PROPERTY RIGHTS FOR KUWAITI WOMEN WHO LOSE CITIZENSHIP

Kuwaiti women who lose their citizenship face varying property rights. These rights depend on their new nationality:

  • If they become GCC nationals: They keep property rights like Kuwaiti nationals.
  • If they become non-GCC Arab nationals: They must meet the same conditions as other non-GCC Arabs. These include residency requirements, government approval, and a clean criminal record.
  • If they become non-Arab foreign nationals: They lose the right to own property in Kuwait. They must sell any property they own within a year unless they have children from a Kuwaiti spouse.

These guidelines ensure that former Kuwaiti citizens do not keep automatic property rights. There are however special provisions depending on the woman's new nationality.

IMPACT OF REVOKED KUWAITI CITIZENSHIP ON HOUSING APPLICATIONS

The Public Authority for Housing Welfare (PAHW) states that housing benefits are only for Kuwaiti families. So individuals who lose Kuwaiti citizenship get their housing applications canceled.  Once someone gets their citizenship revoked, they no longer qualify for these benefits. The criteria require that the head of the family is Kuwaiti.

Additionally, the Kuwaiti Ministry of Justice handles these cases. The Real Estate Registration Department of the ministry invalidates housing applications from former citizens. This step acts in alignment with Kuwaiti law.

STATELESS PEOPLE AND KUWAITI PROPERTY OWNERSHIP

Stateless individuals, often called "bidoon" in Kuwait, face strict limits on property ownership. Kuwaiti law prohibits stateless individuals from owning real estate. If a stateless person has property, they must sell it. They may also need to give up ownership through legal procedures. This rule reflects Kuwait’s stance on limiting real estate rights for people without citizenship.

These policies reinforce the country’s commitment to restricting property ownership. It means that only those with formal citizenship can own real estate in Kuwait.

EFFORTS TO PREVENT FRAUDULENT PROPERTY OWNERSHIP

Kuwait is cracking down on people who gained citizenship through fraudulent property ownership. The government wants to stop these individuals from falsely claiming ownership of property in the first place. Recently, the Supreme Committee for Nationality Investigation revoked citizenship from 489 people. This move sparked discussions about its impact on the real estate sector.

In response, Kuwait's Ministry of Justice introduced new rules for property transactions. Now, notaries must verify applicants’ identities using the "Sahel" or "My Identity" apps. This step helps prevent fraudsters from taking advantage of state resources, including housing they acquired falsely.

IMPACT ON KUWAIT’S REAL ESTATE MARKET

Kuwait real estate experts believe these tighter property ownership restrictions will not harm property prices. Rumors about a major price drop due to revoked citizenships are false, analysts say. Instead, experts perceive these rules as a tool to stabilise the market.

This is also confirmed by real estate analyst Ahmed Al-Ahmad. In his opinion, it is important to distinguish between genuine citizens and those who have faked their way into citizenship. Al-Ahmad is in favour of strict measures to keep control over who owns property. He emphasises that without these measures, people who are no longer citizens may be able to manipulate the market.

Al-Ahmad called for a clear government plan to handle properties from those who lost citizenship. This plan would ensure transparency in managing these assets. By taking firm control over ownership, Kuwait can keep its real estate market stable and trustworthy.

VERIFICATION OF REAL ESTATE TRANSACTIONS

The new rules introduced by the Kuwaiti Ministry of Justice add extra steps to real estate transactions. For instance, in cases of individuals who have lost citizenship selling or otherwise transferring property, identity verification occurs through official channels. This ensures that buyers are safe and that there's a reduced risk of illegal transfers.

BALANCING FOREIGN OWNERSHIP WITH NATIONAL INTERESTS

Kuwait’s property ownership rules also keep a balance between inviting investment and protecting national interests. For example, the government has set specific rules for non-GCC Arab nationals and GCC citizens. These rules help shield Kuwait’s real estate market from too much foreign ownership.

Kuwait’s property laws also reflect its diplomatic ties. For instance, reciprocal agreements with non-GCC Arab nations allow property ownership under certain conditions. These agreements align Kuwait’s property policies with its regional partnerships.

FINAL THOUGHTS ON KUWAIT’S NEW PROPERTY OWNERSHIP RULES

Kuwait’s new property ownership rules focus on aligning real estate ownership with the country’s goals. They help protect Kuwait’s economic and national interests. The regulations set specific rules for three groups: GCC citizens, non-GCC Arab nationals, and former Kuwaiti citizens. Each group has different requirements for owning property in Kuwait.  

Kuwait also enforces strict verification measures. These measures prevent fraud and stop unauthorized ownership. This gives clarity to non-citizens who want to buy property in Kuwait. It also balances foreign interests with Kuwait’s legal standards.

Ryan Keeler | Nov 08, 2024