Real Estate Registration Law
State of Kuwait · 54 stored articles
Article index
Search statutory textsArticles 1 – 5042
- Article 1The Real Estate Registration Department shall consist of the following sections: 1- The Technical Section. 2- The Clerical Section. 3- The Administrative Section. Any…
- Article 2The headquarters of the Department shall be in Kuwait City, and branches thereof may, where necessary, be established in certain villages by a decision of the Head of…
- Article 3The Real Estate Registration Department shall have competence to register instruments attached to real property. For that purpose, it shall undertake the following: 1-…
- Article 4The originals of registered instruments, or the books, documents, and supporting papers relating thereto, may not be removed from the Department. However, judicial…
- Article 6The nationality of applicants for registration may be verified by means of passports or on the basis of any other official document that the Department deems sufficient…
- Article 7All dispositions that would create, transfer, alter or extinguish any principal real right in immovable property, as well as final judgments establishing any of the…
- Article 8All dispositions and final judgments declaratory of any principal real right in immovable property must likewise be registered. This provision applies to the partition…
- Article 9All dispositions creating or establishing an accessory real property right, as well as final judgments establishing any such matter, must be registered by way of entry.
- Article 10A right established by inheritance must be registered whenever it comprises rights in rem in immovable property, and no disposition made by an heir concerning any of…
- Article 13The instruments intended for registration must include the following: First - Particulars indicating the identity of each party, particularly his name, surname, age,…
- Article 14With respect to proving the root of ownership or the real right in accordance with the provisions of the preceding Article, no instruments shall be accepted except the…
- Article 15The Department shall complete the particulars concerning the description of the immovable property and the origin of ownership or of the real right on the basis of the…
- Article 17Instruments shall be written by the Department's employees in Arabic in clear handwriting containing no additions, interlineations or erasures. The signatures of the…
- Article 18If the instrument is registered by way of entry, it must include a list of the following particulars: First - The creditor's name, surname, place of residence and…
- Article 19Instruments shall be endorsed to indicate their registration, and imaging, preservation and other procedures shall be carried out in accordance with the rules and…
- Article 20An application to register the right of inheritance shall be submitted by one of the heirs, by a person acting in his place, or by a person having an interest in…
- Article 21An application to register the right of inheritance must be accompanied by the following papers: First: Sharia certificates establishing inheritance. Second: Proof of…
- Article 23Authentication books - A sufficient number of serially numbered books for the authentication of signatures shall be prepared at the Department, in which a description of…
- Article 24Final Registration Book - A single book for final registration shall be maintained at the Department for the purpose of recording instruments with consecutive numbers…
- Article 25Index books - Alphabetical index books shall be prepared at the Department, in which shall be entered the names of all persons concerned in the instruments and the…
- Article 26Copies Register - A special register shall be maintained at the Department for recording applications for copies, in which shall be entered the numbers and dates of the…
- Article 27The books mentioned in the preceding Articles shall have numbered pages, and a record shall be drawn up in those books establishing the commencement and conclusion of…
- Article 28The Department may prepare any other books in addition to the aforementioned books if it considers this necessary for the conduct of work.
- Article 29The competent official shall authenticate the signatures of the persons concerned after verifying their identities through the testimony of two adult witnesses of sound…
- Article 30Before the persons concerned sign, the officer must ascertain from them the subject matter of the instrument which they wish to sign. He must read it aloud to them and…
- Article 31After the instrument is signed, a record authenticating the signatures shall be written at its foot, in which the employee shall state the names of the parties…
- Article 33Full capacity to contract means attaining the age of majority, being of sound mind, and the absence of a legal impediment to contracting.
- Article 34The natural guardian shall undertake dispositions on behalf of the minors under his guardianship within the limits laid down by the rules of Sharia. The authority of…
- Article 35Guardianship over a minor’s property shall belong to the father, then after him to his appointed guardian—if any—then after him to the true grandfather, the grandfather…
- Article 36A minor is a person who has not attained the age of majority. The age of majority is fixed at eighteen complete lunar years.
- Article 37A father may appoint a chosen guardian for his minor child or for the fetus in its mother’s womb. A donor to a minor may likewise do so if the donor stipulates that the…
- Article 38If the minor or the unborn child has no chosen testamentary guardian, the court shall appoint a guardian to undertake the disposition on behalf of the minor. The…
- Article 39The guardian shall act on behalf of the minor in accordance with the decision issued by the court appointing him as guardian.
- Article 40The court shall appoint a curator for a person interdicted for insanity, mental deficiency, prodigality or heedlessness, and the curator shall dispose of the interdicted…
- Article 41The Sharia Court, or a person delegated by it, shall act on behalf of an absentee whose absence is without communication.
- Article 43If either contracting party is blind, has impaired vision, is deaf or mute, and is unable—because of that—to express his will, the court may appoint a judicial assistant…
- Article 44The General Awqaf Department shall undertake dispositions on behalf of charitable waqf entities after obtaining the Sharia Court's approval of such dispositions. As for…
- Article 45When a person acts in another’s place in any disposition by way of agency, appointed guardianship or curatorship, as well as supervision of a waqf, that person’s…
- Article 46If the contract is concluded through an agent, the competent officer must ensure that the content of the contract to be signed does not exceed the limits of the agency…
- Article 47An agency expressed in general terms containing no specification even of the type of legal act for which the agency is granted confers on the agent authority only in…
- Article 48An agent may not contract with himself in the name of the principal unless this is expressly stipulated in the power of attorney. However, the principal may approve the…
- Article 49Powers of attorney executed in Kuwait must bear the principal’s signature authenticated before the Sharia courts or a notary public in Kuwait.
Articles 51 – 10012
- Article 51Powers of attorney transmitted by telegram may not be accepted in connection with the implementation of the provisions of this Law.
- Article 52Legal persons, such as banks, companies, associations and government departments, shall be represented by their managers or their agents authorized for this purpose in…
- Article 53A committee shall be established, chaired by a person appointed for that purpose by the Head of the Department and comprising four other members, namely the Director of…
- Article 54The committee referred to in the preceding Article shall meet upon an invitation from the head of the department.
- Article 55Meetings of the committee shall be valid if attended by at least three members together with the chairman; otherwise, the meeting shall be postponed to another date…
- Article 56The aforementioned committee may propose such amendments to the Real Estate Registration Law as it considers appropriate and examine proposals submitted to it in this…
- Article 58Fees shall be imposed at the following rates: Sale: 1/2% of the value of the real property. Sale of bare ownership of real property sale of the usufruct right: 1/4% of…
- Article 58 مكررAs an exception to the provisions of Article 85, sale contracts concluded by governmental bodies for the allocation of private housing plots, government houses or loan…
- Article 59The fee shall be multiplied according to the number of subjects contained in the instrument and shall be collected for each subject according to the prescribed rates.
- Article 60 مكررAnyone who intentionally evades payment of all or part of the registration fees by any means whatsoever shall be punished by a fine not exceeding three times the unpaid…
- Article 61The following instruments shall be exempt from payment of fees: First - Instruments pertaining to the Government. As for instruments issued by the Government for the…
- Article 62Every provision contrary to the provisions of this Law is repealed.