Kuwait moves to scrap housing law critics say created unequal access

Kuwait Times

18 hours ago

Cabinet orders repeal of 'Who Sold His House' law as thousands remain on waiting lists for public housing
KUWAIT: Kuwait's Cabinet has taken steps to repeal a controversial housing law that critics say unfairly granted a second chance at public housing to a select group of citizens, while thousands of others remained on waiting lists. The decision follows a detailed briefing by Abdullatif Al-Mishari, Minister of State for Municipal Affairs and Minister of State for Housing Affairs, during Wednesday's Cabinet session, chaired by Prime Minister Sheikh Ahmad Abdullah Al-Ahmad Al-Sabah. At the meeting, Al-Mihsari said the law had deepened social inequities in the country's public housing system.
The legislation in question—Law No 2 of 2015, commonly known as the 'Who Sold His House' law—amended Kuwait's foundational housing care legislation by adding Article 29 (repeated) to Law No 47 of 1993. Originally intended to assist families that sold their homes due to changing needs, the law allowed certain citizens to reapply for housing on a one-time basis, provided they had repaid a loan from the Kuwait Credit Bank and no longer owned property.
According to the law's explanatory note, it sought to accommodate families 'who sold their allocated housing units under pressure from social changes affecting the family structure, such as urgent needs for more space or a different type of housing better suited to their evolving requirements.'
But from its inception, the law sparked criticism for applying only to a narrow group: citizens who sold their homes between 1992 and 2015, and only certain types of state-allocated housing. It excluded those who sold homes or did so outside the specified time frame. Some lawmakers went further, calling for the law's expansion to include those who had sold multiple times—a proposal that never gained traction.
In his remarks to the Cabinet, Minister Al-Mishari argued that the law had inadvertently created a dual-track housing system, offering multiple chances to a select few while thousands of first-time applicants remained underserved. 'This law granted preferential treatment to a specific segment of citizens, which undermines the principles of social justice and equality enshrined in Kuwait's Constitution,' Al-Mishari said, according to an official statement. He noted that the problem was especially pressing given the growing backlog of housing applications from citizens who have never received government support.
Origins and limitations
Under Article 29 (repeated), families who had received loans from the Kuwait Credit Bank to build or buy homes could apply again for state-assisted housing—on a usufruct or rental basis—if they had sold their property between 1992 and 2015, repaid the loan in full, and did not currently own a home. The law gave the Housing Welfare Authority discretion, through ministerial regulation, to set eligibility conditions and prioritize applicants based on family need, housing type, and location—though not beyond a three-year window. However, the narrow scope of the law excluded many in similar situations, raising questions about fairness and consistency in how public housing resources were distributed. In response, the Cabinet has now instructed Minister Al-Mishari to begin legal and administrative procedures to repeal the law. Officials say the move is part of a broader effort to reinforce principles of justice and to ensure that housing resources—already under strain—are allocated based on need, not circumstance or timing.
But they have not clarified how the repeal will affect the thousands of citizens still waiting to benefit from the law. While several hundred families have already received homes under the program, many more remain in limbo, awaiting allocations promised under its provisions. In East Sabah Al-Ahmad, over 1,100 homes were designated for eligible citizens who sold their homes within the approved timeframe. According to the Public Authority for Housing Welfare, the first phase of the project, comprising 587 homes, has been fully completed. The second phase, which covers the remaining units, was 91.64 percent complete as of the end of February. It was expected that benefeciaries would receive their homes by the end of the year. — Agencies