Ministerial Resolution No. 123 of 2021 on the Regulation for the Practice of the Profession for Engineering Offices and Consultancy Houses

Ministerial Resolution No. 123 of 2021
on the Regulation for the Practice of the Profession for Engineering Offices and Consultancy Houses

Article 1

The profession of engineering works in the field of consultancy, design and supervision of execution of building and construction projects may not be practised except by engineering offices, specialised engineering offices and consultancy houses owned by individuals or by professional legal persons for the practice of the engineering profession, licensed by the Municipality in accordance with the provisions and laws regulating professional activities.

Article 2

First:
A committee, to be named the Committee for Regulating the Practice of the Profession for Engineering Offices and Consultancy Houses, shall be formed by a resolution of the Minister concerned with Municipal Affairs, as follows:
1- Four members from among the engineers of the Municipality, provided that they include a member from the department competent for the practice of the profession for engineering offices and consultancy houses.
2- Two engineers who are members of the Kuwait Society of Engineers, selected from among four nominated by the Society.
3- Two engineers selected from among four nominated by the Union of Engineering Offices and Consultancy Houses.
4- A representative of the Legal Department of Kuwait Municipality, whose grade shall not be lower than Counsellor.
Second:
(a) A member of the Committee shall be a Kuwaiti national with not less than ten years of experience.
(b) The Committee shall select from among its members a Chairman, a Vice-Chairman and a Rapporteur, provided that the Chairman shall be from Kuwait Municipality with a grade not lower than Assistant Undersecretary, the Vice-Chairman from the Kuwait Society of Engineers and the Rapporteur from the department competent for the practice of the profession at the Municipality. A meeting shall not be valid unless attended by an absolute majority of the members, including the Chairman, or the Vice-Chairman in the absence of the Chairman. The Committee may seek the assistance of such persons of experience and specialisation as it deems fit from within the Municipality or from outside it, provided that they shall have no right to vote.
(c) The Committee shall issue its recommendations by a majority of those present and, in the event of a tie, the side of the Chairman of the Committee shall prevail.
(d) A member is prohibited from having any direct or indirect interest, for himself or in his capacity as testamentary guardian, guardian, curator or agent for any person related to him up to the second degree, in any dealing or work falling within the competence of the Committee for the Practice of the Profession for Engineering Offices and Consultancy Houses; nor may he participate in the discussion of, or submit a proposal to the Committee on, any matter in which he has an interest that conflicts with the requirements of his membership, and he shall recuse himself from participating or discussing in the taking of the decision. Any decision issued in violation of this procedure shall be deemed void.
(e) The Chairman and members of the Committee shall submit to the Director General of Kuwait Municipality a disclosure notice containing a list of the engineering offices and consultancy houses, if any, in which he has a direct or indirect interest, for himself or in his capacity as testamentary guardian, guardian, curator or agent for any person related to him up to the second degree.

Article 3

The Committee for Regulating the Practice of the Profession for Engineering Offices and Consultancy Houses provided for in this Regulation shall be competent to examine applications relating to the following matters and to issue the necessary recommendations thereon:
1- Licensing the opening of local engineering offices and specialised engineering offices for the practice of the profession, and renewing their licences, in accordance with the conditions of this Regulation.
2- Qualifying a local engineering office as a consultancy house, and issuing and renewing its licence, in accordance with the conditions of this Regulation.
3- Examining whether applications to incorporate professional engineering companies, or to convert them into any of the forms permitted under the applicable laws and regulations, or to make any amendment thereto, satisfy the conditions for licensing engineering offices, specialised engineering offices or consultancy houses in accordance with the provisions of this Regulation.
4- Conducting personal interviews with licence applicants for opening engineering offices, specialised engineering offices and consultancy houses.
5- Examining complaints relating to engineering offices, specialised engineering offices and consultancy houses, and recommending the taking of the precautionary measures provided for in this Regulation.
6- Temporarily suspending an engineering office, specialised engineering office or consultancy house at their request.
7- Proposing the controls relating to supervision areas for engineering offices and consultancy houses, and proposing amendments to the supervision forms and undertakings approved by the Municipality.
8- Proposing the criteria for the transfer of engineering designs in accordance with the provisions of the Copyright and Related Rights Law.
9- Proposing the addition of specialisations, or the cancellation of a licensed specialisation, for engineering offices, specialised engineering offices and consultancy houses, provided that the specialisations proposed to be added relate to engineering work connected with construction and building, with due regard to the conditions and controls provided for in this Regulation.
10- Cancelling the licence of an engineering office, specialised engineering office or consultancy house.
11- Examining applications for the assignment of the corporate name under which the licence of an engineering office, specialised engineering office or consultancy house was issued to a third party who satisfies the conditions for the practice of the profession, at their request or at the request of the heirs in the event of death, and in accordance with the provisions of this Regulation and the applicable laws and regulations.
12- Approving applications submitted by engineering offices and consultancy houses for the accreditation of engineers’ signatures on design drawings or undertakings of supervision of execution, and examining applications for their renewal, for the cancellation of their accreditation or for their transfer to other engineering offices or consultancy houses.
13- Coordinating with the relevant authorities in matters relating to the practice of the engineering profession.
14- Conducting periodic inspections of, or approving the inspection reports of the technical departments on, engineering offices, specialised engineering offices and consultancy houses to verify their compliance with the conditions for the practice of the profession set out in this Regulation.
15- Taking the necessary measures in the event of the dissolution of a partnership or the death of the owner of an engineering office, specialised engineering office or consultancy house, or of one of the partners.
16- Making any amendment to the names of engineering offices, specialised engineering offices or consultancy houses, or to their licences.
17- Accrediting the bodies responsible for conducting the tests required for the accreditation of engineers at engineering offices, specialised engineering offices and consultancy houses in accordance with the provisions of this Regulation.
18- Proposing an increase in the minimum value of the professional insurance stated in this Regulation.
19- Examining the amendment and documentation of the bases of participation between engineering offices, specialised engineering offices and consultancy houses.
20- Proposing any amendment to the provisions of this Regulation.
21- Proposing a system for classifying engineering offices and consultancy houses and setting the specific criteria for each classification.
The Committee shall submit its recommendations on the matters referred to it to the Director General of the Municipality or his delegate for the issuance of the necessary decision thereon. The Director General of the Municipality may not delegate the issuance of decisions on the recommendations made under Clauses (1) to (10) and Clauses (15, 18, 19, 20, 21).

Article 4

The Committee for the Practice of the Profession for Engineering Offices and Consultancy Houses shall issue its recommendations on the matters referred to it and then submit them, together with their reasons, to the Director General of the Municipality or his delegate within a maximum of three months from the date of receipt of the application complete with its requirements. The Director General of the Municipality or his delegate shall issue his decision on the recommendations within fifteen days from the date of being notified of them in writing. If the period of fifteen days lapses without the Director General of the Municipality or his delegate taking express action thereon, this shall be deemed implicit approval of the recommendation.
Decisions on the issuance or cancellation of licences of engineering offices, specialised engineering offices and consultancy houses, and the precautionary measures taken in respect of them, shall be published in the Official Gazette. Persons concerned shall be entitled to file a grievance against decisions issued in this regard with the Minister concerned with Municipal Affairs or the Director General of the Municipality in accordance with the procedures and time limits governing grievances against administrative decisions.
The Director General of the Municipality shall notify the Ministry of Commerce and Industry of decisions cancelling licences of engineering offices, specialised engineering offices or consultancy houses if such licences were issued to professional engineering companies, in order for it to take the necessary measures in respect of them.

Article 5

When examining applications for a certificate for the incorporation of professional engineering companies submitted to the Municipality by the Ministry of Commerce and Industry, the Committee shall verify the availability of the following:
First – A copy of the draft memorandum of incorporation of the company containing the following particulars:
1- The name and form of the company and the address of its head office.
2- The purpose of incorporating the company.
3- The term of the company, provided that it is not less than four years.
4- The names, titles and academic qualifications of the partners and the place of residence of each of them.
5- The manner of managing the company, and the names and powers of those responsible for its management.
6- The amount of capital and the share of each partner, and a statement of each non-cash share, its nature, the value at which it was assessed, the name of its contributor, the conditions for its contribution, and the rights of pledge and privilege attaching to it, if any.
7- The provisions relating to the liquidation of the company and the division of its assets.
8- The conditions for appointing the manager, his powers, his remuneration, the term of his management of the company and the manner of his removal.
9- The manner of distributing profits.
10- The manner of transferring contracts to a professional engineering company licensed for the activity of an engineering office, specialised engineering office or consultancy house.
The Committee shall also be entitled to request any other documents it deems necessary for examining the application.
Second: The availability, in the company to be incorporated, of the conditions required for licensing an engineering office, specialised engineering office or consultancy house set out in this Regulation.
Third: The availability, in the engineers of the companies to be incorporated, of the personal conditions required for the practice of the profession in accordance with the provisions of this Regulation. The personal conditions required of licence applicants shall also be satisfied by the owners or officers of such companies mentioned in accordance with the details set out below:
1- General partnership company: all partners and managers.
2- Closed shareholding company: the Chairman and members of the Board of Directors and the Chief Executive Officer.
3- Simple limited partnership company: all the general partners only, and the managers.
4- Limited liability company: the managers.
Fourth: Attaching an undertaking by the applicants for the incorporation of the company to submit a professional insurance policy in accordance with the conditions of this Regulation.
The certificate issued by the Committee shall not be deemed a licence to practise the profession. After their incorporation, publication and registration in accordance with the provisions of the Companies Law, the aforementioned companies shall apply to the Municipality for a licence for an engineering office, specialised engineering office or consultancy house, so that it may examine whether their application satisfies the required conditions in accordance with the provisions of this Regulation.

Article 6

The Committee for Regulating the Practice of the Profession for Engineering Offices and Consultancy Houses shall classify engineering profession licences into three categories:
(a) Engineering office.
(b) Specialised engineering office.
(c) Consultancy house.
First: The engineering office and the consultancy house shall each practise the following works:
1- Engineering design.
2- Supervision of the execution of engineering projects in accordance with technical principles, buildings, constructions and urban planning (buildings – commercial centres – offices – schools – hospitals – roads and bridges – infrastructure services).
3- Project management, provided that the project is not under its supervision.
4- Electrical and mechanical services (power plans – electrical and sanitary installation networks – mechanical, air-conditioning and sanitary works – communications networks, generators and transformers).
5- Other services (environmental engineering – industrial engineering – surveying works).
Second: The specialised engineering office shall practise only the following works:
Electrical and mechanical services (power plans – electrical and sanitary installation networks – mechanical, air-conditioning and sanitary works – communications networks, generators and transformers) and any other works approved by the Committee for specialised offices, provided that they relate to the design works of buildings and structures.

Article 7

A licence applicant for opening an engineering office shall satisfy the following:
1- He shall hold a bachelor’s degree in architectural engineering, civil engineering, architecture or its equivalent from a university recognised by the Ministry of Higher Education.
2- His practical experience in the field of the profession shall not be less than five years.
3- He shall be a Kuwaiti national and continuously resident in Kuwait.
4- He shall be a member of the Kuwait Society of Engineers.
5- He shall pass the tests prepared by the body accredited by the Committee for the Practice of the Profession.
6- The licence applicant shall pass the personal interview conducted by the Committee for the Practice of the Profession for Engineering Offices and Consultancy Houses.
7- He shall be devoted full-time to the work of the engineering office (retired or registered under Part Five).
8- He shall not be an employee, partner or shareholder in, or the owner of, a contracting company or an establishment specialised in carrying out building works and the construction of buildings, or a company or establishment classified with the Municipality or the Central Tenders Committee, nor a supplier of building materials.
9- He shall be of good reputation and shall not have been previously convicted of a felony or a crime involving dishonour.
10- More than one partner who satisfies the conditions of the Committee for the Practice of the Profession may participate in the licence.
11- No penalty provided for in this Regulation, other than penalties in which settlement is permitted, shall have been imposed on him during the two years preceding the licence application, and the precautionary measure set out in Clause 4 of Article 29 of this Regulation shall not have been taken against him.
12- Providing premises for the engineering office in the places where the practice of its activity is permitted in accordance with the regulations of the Municipality, provided that the area of the engineering office is not less than 100 m².
13- If the licence application is submitted by a professional engineering company, a copy of its memorandum of incorporation setting out the clauses stated in Article 5 of this Regulation shall be submitted.
14- The original licence of the engineering office may not be delivered until the owner of the engineering office has been registered under Part Five of the social insurance scheme on the engineering office licence, or has retired, and evidence thereof has been submitted to the Municipality, a certificate has been produced from the Kuwaiti Union of Engineering Offices and Consultancy Houses, and a professional insurance policy has been produced for the works of the office covering the soundness of the works, for the value of all works carried out by the engineering office, whether design or supervision, of not less than KWD 500,000 (five hundred thousand Kuwaiti dinars), issued by an accredited local or international insurance company having branches in Kuwait, and valid throughout the term of the licence. If the licence applicant is a professional engineering company, the professional insurance policy shall not be less than KWD 1,000,000 (one million Kuwaiti dinars), issued by an accredited local or international company having branches in Kuwait, its validity extending for six months after the expiry of the company’s contract, and it shall be renewed for the same period upon the renewal of the company’s licence.
The licence of the engineering office shall be renewed upon satisfaction of the same aforementioned conditions, except for the licence applicant’s passing of the tests prepared by the body accredited by the Committee for the Practice of the Profession.

Article 8

A licence applicant for opening a specialised engineering office shall satisfy the following:
1- He shall hold a bachelor’s degree in electrical or mechanical engineering from a university recognised by the Ministry of Higher Education, or in one of the engineering specialisations subsequently approved by the Committee that relate to the design of buildings and structures.
2- He shall be a Kuwaiti national and continuously resident in Kuwait.
3- His practical experience in the field of the specialised profession shall not be less than five years.
4- More than one partner who satisfies the conditions of the Committee for the Practice of the Profession may participate in the specialised licence.
5- He shall be devoted full-time to the work of the specialised engineering office (retired or registered under Part Five).
6- He shall pass the tests prepared by the Committee for the Practice of the Profession.
7- He shall pass the personal interview conducted by the Committee for the Practice of the Profession.
8- He shall be a member of the Kuwait Society of Engineers or of the specialised professional societies.
9- He shall not be an employee, partner or shareholder in, or the owner of, a contracting company or an establishment specialised in carrying out building works and the construction of buildings, or a company or establishment classified with the Municipality or the Central Tenders Committee, nor a supplier of building materials.
10- He shall be of good reputation and shall not have been previously convicted of a felony or a crime involving dishonour.
11- No penalty provided for in this Regulation, other than penalties in which settlement is permitted, shall have been imposed on him during the two years preceding the licence application.
12- The licence applicant for a specialised engineering office shall be a member of the Kuwaiti Union of Engineering Offices and Consultancy Houses.
13- Providing premises for the specialised engineering office in the places where the practice of its activity is permitted in accordance with the regulations of the Municipality, provided that the area of the specialised engineering office is not less than 60 m².
14- If the licence application is submitted by a professional engineering company, a copy of its memorandum of incorporation setting out the clauses stated in Article 5 of this Regulation shall be submitted.
15- The original licence of the specialised engineering office may not be delivered until the owner of the specialised engineering office has been registered under Part Five of the social insurance scheme on the office licence, or has retired, and evidence thereof has been submitted to the Municipality, and a professional insurance policy has been produced for the works of the office covering the soundness of the works, for the value of all works carried out by the specialised engineering office, of not less than KWD 500,000 (five hundred thousand Kuwaiti dinars), issued by an accredited local or international insurance company having branches in Kuwait, and valid throughout the term of the licence. If the licence applicant is a professional engineering company, the professional insurance policy shall not be less than KWD 1,000,000 (one million Kuwaiti dinars), issued by an accredited local or international insurance company having branches in Kuwait, its validity extending for six months after the expiry of the company’s contract, and it shall be renewed for the same period upon the renewal of the company’s licence.
The licence of the specialised engineering office shall be renewed upon satisfaction of the same aforementioned conditions, except for the licence applicant’s passing of the tests prepared by the body accredited by the Committee for the Practice of the Profession.

Article 9

The licensing of a consultancy house requires that the application be submitted only by the owner of an engineering office for the qualification and licensing of his engineering office as a consultancy house, in accordance with the following controls:
1- The experience of the owner of the engineering office shall not be less than ten years (experience in the field of his specialisation), including six years of experience in managing the engineering office.
2- Providing technical staff for the consultancy house, provided that the owner of the engineering office is one of them.
– (3) architectural engineers.
– (3) civil engineers.
– (1) electrical engineer.
– (1) mechanical engineer.
All the above engineers shall be accredited with the Municipality in accordance with the conditions of this Regulation.
3- The staff shall include a Kuwaiti engineer who satisfies the following conditions:
(a) He shall be a member of the Kuwait Society of Engineers.
(b) He shall be registered in the social insurance scheme under Part Three of the social insurance scheme on the engineering office licence. If the Kuwaiti engineer is retired, he shall submit a certificate of membership of the Kuwait Society of Engineers in addition to a contract between him and the engineering office during the licence period, and he shall not be an employee of or partner in a contracting company, an agent for materials related to building or construction, or an establishment specialised in ready-mix concrete works or in the sale and import of, or otherwise related to, building or construction materials, nor a supplier of building materials.
(c) The Kuwaiti engineer shall not be working for another engineering office or consultancy house, nor own or be a partner in an engineering office or consultancy house.
The consultancy house shall also be required to provide a substitute Kuwaiti engineer, within a period not exceeding 90 days, in the event of the resignation, dismissal, termination of service or death of the Kuwaiti engineer registered with the consultancy house.
4- No penalty provided for in this Regulation, other than penalties in which settlement is permitted, shall have been imposed on the owner of the engineering office applying for the licence during the two years preceding the licence application, and none of the precautionary measures set out in Clauses 2, 3 and 4 of Article 29 of this Regulation shall have been taken against him.
5- The area of the offices used by the consultancy house shall not be less than (250 m²).
6- Providing professional insurance covering the soundness of the works for a value of not less than KWD 1,000,000 (one million Kuwaiti dinars) for the consultancy house, valid throughout the term of the licence, from an accredited local or international insurance company having branches in Kuwait. If the licence applicant is a professional engineering company, the professional insurance policy shall remain valid for six months after the expiry of the company’s contract.
7- The following equipment shall be provided:
(a) An adequate number of computers.
(b) An adequate number of drafting and structural analysis software programs.
8- The total volume of works completed by the office shall not be less than (30) integrated projects.
9- If the licence application is submitted by a professional engineering company, a copy of its memorandum of incorporation setting out the clauses stated in Article 5 of this Regulation shall be submitted.
10- He shall be a member of the Kuwaiti Union of Engineering Offices and Consultancy Houses and shall produce a certificate from the Union of Engineering Offices and Consultancy Houses to that effect.
The licence of the consultancy house shall be renewed upon satisfaction of the same aforementioned conditions.

Article 10

1- More than one Kuwaiti engineer who satisfies the conditions of this Regulation may participate in the ownership of an engineering office, specialised engineering office or consultancy house. An engineer holding a bachelor’s degree in electrical or mechanical engineering may participate (as partners) in the ownership of an engineering office or consultancy house, provided that the licence of the engineering office or consultancy house is issued in the name of the engineer specialised in civil engineering, architectural engineering or architecture, and provided that the partners satisfy the conditions set out in Article 7, 8 or 9, each according to his competence as set out in this Regulation.
2- If the holder of the licence of an engineering office, specialised engineering office or consultancy house loses any of the conditions provided for in this Regulation, or in the event of his death, the provisions of Article 13 shall apply, and the heirs shall be entitled to assign the corporate name of the engineering office, specialised engineering office or consultancy house to an engineer who satisfies the conditions for the practice of the profession, subject to the approval of the Committee for the Practice of the Profession.
3- The licence of an engineering office, specialised engineering office or consultancy house shall be cancelled in the event of the dissolution of the partnership and the withdrawal of the engineer in whose name the licence of the engineering office, specialised engineering office or consultancy house was issued, unless the partners provide a partner who satisfies the conditions of the Regulation.

Article 11

The approval by the Committee for the Practice of the Profession of the accreditation of the signature of the owner of an engineering office or consultancy house, or of the engineers working therein and the officers practising the profession in professional engineering companies, on the engineering drawings and supervision undertakings issued by them shall be subject to the satisfaction of the following conditions:
1- He shall be registered with the Public Institution for Social Security on the engineering office or consultancy house in which he works if he is a Kuwaiti national. If the engineer is retired, a contract shall be concluded between him and the engineering office or consultancy house. In the case of a non-Kuwaiti engineer, he shall be required to be full-time and to hold residence on the engineering office or consultancy house in which he works.
2- He shall not be an employee, partner or shareholder in, or the owner of, a contracting company or an establishment specialised in carrying out building works and the construction of buildings, or a company or establishment classified with the Municipality or the Central Tenders Committee, nor a supplier of building materials.
3- He shall be a member of the Kuwait Society of Engineers.
4- His practical experience shall not be less than five years since his graduation.
5- He shall pass the test prepared for this purpose by the body accredited by the Committee for the Practice of the Profession.
6- He shall be devoted full-time to the work of the engineering office or consultancy house.
7- No penalty provided for in this Regulation, other than penalties in which settlement is permitted, shall have been imposed during the preceding two years on the engineer for whom approval of the accreditation of signature is sought, nor shall any of the precautionary measures set out in Clauses 2, 3 and 4 of Article 29 of this Regulation have been taken against him.
8- He shall not own or be a partner in an engineering office or consultancy house, and shall not work for another engineering office or consultancy house.
9- In the event of the transfer of the accreditation of an engineer accredited with the Municipality to another office or consultancy house, or the renewal of the registration of an accredited engineer with an engineering office or consultancy house, the conditions set out in this Article shall be satisfied, except for the condition of passing the tests prepared by the body accredited by the Committee for the Practice of the Profession.

Article 12

– The term of the first licence of an engineering office and a specialised engineering office shall be two years, and the term of the first licence of an engineering office and a specialised engineering office, if issued to a professional engineering company, shall be four years.
The term of the first licence of a consultancy house shall be four years.
– The licences referred to in the above paragraph shall be renewed for a period of four years and shall be renewed for similar periods upon an application submitted by the licensee on the form prepared for this purpose within six months before the expiry of the licence, subject to the satisfaction of the conditions provided for in Article 7, 8 or 9 of this Regulation, each according to its competence, and the submission of a statistical statement of the works completed during the previous licence term.
– An engineering office, specialised engineering office or consultancy house shall not be entitled to request the renewal of the licence until it has completed the execution of the penalties imposed on it in accordance with the provisions of this Regulation, except for penalties in which settlement is permitted, and has completed the execution of the precautionary measures taken against it in accordance with the provisions of Clauses 2 and 3 of Article 29 of this Regulation.
The provision of the above paragraph shall apply to the owner of the office or house if the precautionary measure set out in Clause 4 of Article 29 of this Regulation has been applied to him.
– The term of validity of the accreditation of the signature of engineers practising the profession on the drawings and supervision undertakings of the engineering offices and consultancy houses with which they are registered shall be the term of validity of the licences of those offices and houses, and the renewal of the accreditation of their signature shall be governed by the provisions relating to the renewal of the licences of the engineering offices and consultancy houses with which they are registered set out in this Article.

Article 13

1- The licence to practise the engineering profession shall be issued in accordance with the provisions of this Regulation to the licence applicant or applicants, and no amendment may be made thereto except with the approval of the Municipality in accordance with the provisions of this Regulation.
2- Engineering offices, specialised engineering offices or consultancy houses may bear corporate names, provided that the names of their owners are added.
3- In the event of the death of the owner of an engineering office, specialised engineering office or consultancy house, the heirs shall notify the Committee thereof in writing within thirty days from the date of death.
4- If the heirs wish to complete, for their own account, the projects contracted by the deceased before his death, they shall submit a letter to the Committee within ninety days from the date of death of the deceased evidencing an agreement with an engineering office, specialised office or consultancy house, or with an engineer satisfying the licensing conditions in accordance with the provisions of this Regulation, to manage the engineering office, consultancy house or specialised engineering office in order to complete the execution of the projects contracted by the deceased. If the Committee approves the nominee for this task, it shall permit him to continue executing the projects contracted by the deceased.
5- In the case set out in the above Clause, the heirs may not contract for any new projects other than the projects contracted by the deceased.
6- The heirs shall notify the Committee in writing immediately upon completion of the projects contracted by the deceased, so that the Committee may issue its recommendation to cancel the licence.
7- If the heirs do not wish to complete the projects contracted by the deceased before his death, they shall, within ninety days from the date of death, notify the Committee in writing that they do not so wish and inform it of any measures or agreements they take regarding the assignment of the task of completing such projects for the account of an engineering office, specialised engineering office or consultancy house satisfying the conditions provided for in this Regulation, and the Committee shall issue its recommendation to cancel the licence of the office or house on the basis of this request.
8- The licence may be transferred to one of the heirs who satisfies the conditions for licensing an engineering office, specialised engineering office or consultancy house, after the approval of all the heirs, in accordance with the provisions of this Regulation.
9- The heirs shall be entitled to assign the corporate name of the engineering office, specialised engineering office or consultancy house to third parties satisfying the conditions provided for in this Regulation, within one year from the date of announcement of the death or before completion of the projects contracted before the death of the deceased, whichever is earlier.
10- If a partner or shareholder practising the profession in a professional engineering company loses the licence to practise the engineering profession permanently or temporarily, or withdraws permanently from the company or dies, and the professional company to which the licence of the engineering office, specialised engineering office or consultancy house was issued holds it in his name or its name includes his name, the provisions of Chapter Seven of the Resolution of the Minister of Commerce and Industry Issuing the Regulations Organizing Professional Engineering Companies referred to above, concerning the treatment of cases of a partner’s loss of the licence to practise the profession, withdrawal or death, shall apply in this regard, particularly with respect to the period for notifying the Committee of such change.

Article 14

Without prejudice to any conditions required by any other laws, foreign engineering offices and consultancy houses may not practise the profession of consultancy engineering works within the State of Kuwait except after signing a cooperation agreement with a local engineering office or consultancy house licensed in accordance with the provisions, laws and regulations in force within the State of Kuwait.
The party signing the project contract shall provide the Committee with a certified copy thereof, stating the participation percentage of the local offices and houses.

Article 15

The engineering office, the specialised engineering office and the consultancy houses may cooperate among themselves by way of participation to carry out certain engineering works in accordance with the competences prescribed for each of them.
The parties to the participation contract shall deposit a copy thereof with the Committee for the Practice of the Profession before commencing its execution, and the Committee shall be entitled to request the amendment or documentation of the bases of participation.

Article 16

Engineering offices, specialised engineering offices and consultancy houses may not open branches within the State of Kuwait, and may open branches outside it in accordance with the regulations and laws in force in those countries.

Article 17

The Committee for Regulating the Practice of the Profession shall prepare a special register of the licensed engineering offices, specialised engineering offices and consultancy houses and of the engineers working therein who are licensed to sign the engineering drawings and supervision undertakings issued by them, which shall include the following:
1- Registration number.
2- The name of the engineering office, specialised engineering office and consultancy house and their specialisations.
3- The address of the engineering office, specialised engineering office and consultancy house.
4- The names of the engineers accredited with the engineering office, specialised engineering office and consultancy house, their nationalities, academic qualifications, places of residence and years of experience.
5- The Committee shall prepare a special register for professional engineering companies if the licence of the engineering office, specialised engineering office or consultancy house was issued to them, in which the following particulars shall be recorded:
– The name and address of the company.
– The names of the partners and their legal domiciles.
– The number of shares or interests owned by each partner, their type and the value paid for each share or interest.
– The names of the managers or of the Board of Directors and their powers.
– Any change occurring in the particulars recorded in this register.
Persons concerned shall be entitled to request the competent body at the Municipality to issue a to-whom-it-may-concern certificate relating to the particulars recorded in the registers referred to in this Article.

Article 18

The engineering office, the specialised engineering office and the consultancy house shall comply with the following:
1- Carrying out the works it is permitted to practise in accordance with the competences prescribed in this Regulation, in particular what is set out in Article 6.
2- Complying with the applicable laws and regulations issued by the Municipality and the other competent authorities in the design of engineering projects.
3- Complying with the applicable laws and regulations and the licences issued by the Municipality and the other competent authorities when supervising the execution of projects and managing them.
4- Notifying the Municipality and the other competent official authorities immediately upon its discovery of any violation in the execution of the works it supervises.
5- The name of any person other than the licence holder may not be mentioned in any means of advertising of the engineering office, the specialised engineering office or the consultancy house.

Article 19

Engineering offices, specialised engineering offices and consultancy houses shall notify the Municipality and the Kuwaiti Union of Engineering Offices and Consultancy Houses of any changes occurring in their status, their engineering staff and their addresses registered with the Municipality within one month from the date of such change; they shall also complete the forms prescribed for this purpose every year, accompanied by a certificate from the Kuwaiti Union of Engineering Offices and Consultancy Houses stating that their data has been updated with it.

Article 20

Engineering offices, specialised engineering offices and consultancy houses shall, before undertaking any work of studies, design, consultancy or supervision of engineering works, submit a written assignment or a contract concluded with the employer and deposit a copy thereof with the Municipality or the competent authorities, upon submitting the licence application for such works.

Article 21

1- Engineering offices, specialised engineering offices and consultancy houses shall retain an electronic copy of the building licences and any amendments made thereto, and of all the drawings they prepare, showing thereon all the amendments approved by the competent authorities, for a period of not less than ten years after completion of execution.
2- Engineering offices, specialised engineering offices and consultancy houses shall retain complete technical files on their projects containing the calculation notes, recording any amendment made to the original drawings, and shall notify the competent department of the Municipality thereof, for a period of ten years after completion of execution.
3- Engineering offices, specialised engineering offices and consultancy houses shall retain complete contractual files for their projects containing the contract, the programme of requirements approved by the employer, the schedule of materials used approved by him, any amendments to this programme or to any drawings he may have requested, his approval of the design stages of the project, and his instructions during design and in the supervision stage relating to his responsibility stated in the construction contract; it being understood that the owner, the office or the house may not make any amendments requested by the employer except by a written letter from him and upon obtaining an amendment licence from the competent authority before commencing execution, in accordance with the applicable regulations.
4- Every supervising engineer shall record a summary of his inspection of the sites he supervises, with the dates on which he carried it out, and the observations, directions and decisions he made or the instructions he issued during the visits he made to the work sites, and shall retain the daily documents and correspondence issued in respect thereof.
5- Upon completion of the project, all project documents (drawings, correspondence, etc.) shall be handed over to the owner by an official letter, in order to release the engineering office, the specialised engineering office and the consultancy house from responsibility for those documents and papers.

Article 22

The licensed engineer shall comply with the rules, ethics and conduct of the engineering profession in accordance with the applicable laws and regulations in this regard and the conditions and controls established by the Kuwait Society of Engineers, the Kuwaiti Union of Engineering Offices and Consultancy Houses and the other authorities concerned with regulating the practice of the engineering profession.

Article 23

1- A licensed engineer may not work in more than one engineering and specialised office, consultancy house, or governmental or private entity.
2- An engineer working in an engineering office or consultancy house may not sign anything other than the drawings or supervision undertakings issued by the engineering office or consultancy house in which he works and falling within his specialisation accredited by the Committee, provided that he has carried out or participated in its design.
3- The engineer requesting the transfer of residence and the owner of the engineering office, specialised office or consultancy house shall, in the event of the transfer of the residence of the engineer licensed with them to another office or house, notify the Committee within a maximum period of 30 days from the date of the transfer.

Article 24

Every engineering office, specialised engineering office, consultancy house or engineer licensed to work in accordance with the provisions of this Regulation shall respect the intellectual property rights of his colleagues in the profession and shall undertake not to copy or modify any design prepared by another engineer except after the written consent of the designer and in accordance with the laws and regulations governing copyright and related rights and the standards established by the Committee.

Article 25

No engineering office, specialised engineering office or consultancy house may make any amendment to the drawings approved by the Municipality or by the other competent authorities except by obtaining an amendment licence for the project, with the consent of the owner, and in accordance with the applicable regulations.

Article 26

The Minister of State for Municipal Affairs shall issue a resolution granting judicial police powers to such engineers of the Municipality as he deems fit, to carry out periodic inspections of engineering offices, specialised engineering offices and consultancy houses; and they shall, in performing their duties, have the right to enter engineering offices, specialised engineering offices and consultancy houses and to examine and review their papers, documents, drawings, files and all their works, for the purpose of verifying their compliance with the implementation of the conditions and provisions of this Regulation and the other relevant laws and regulations, and to draw up the necessary reports in the event of violations of their provisions and refer them to the competent authority.

Article 27

The Committee for Regulating the Practice of the Profession may form sub-committees emanating from it, and it shall have the right to seek the assistance of persons of experience and specialisation from within or outside the Municipality to assist it in performing its tasks, provided that they shall not have the right to vote on the matters submitted to it; and those committees shall submit their recommendations to the Committee to take such action as it deems appropriate in this regard.

Article 28

Without prejudice to any more severe penalty prescribed by any other law, whoever commits acts in violation of the provisions of this Regulation shall be punished with the following penalties:
1- A fine of not less than KWD 4,000 (four thousand dinars) and not exceeding KWD 5,000 (five thousand dinars), and closure of the violating establishment, for anyone who violates the provision of Article 1, the first paragraph of Article 14 and Article 16 of this Regulation; and the penalty of temporary suspension of the licence of the office or house, or its cancellation, may be added for anyone who violates the provision of Article 16 of this Regulation.
2- A fine of not less than KWD 100 (one hundred dinars) and less than KWD 500 (five hundred dinars) for anyone who violates the provision of Clauses (3), (4), (6), (7) and (10) of Article 13, the second paragraph of Article 14, the provisions of Article 20, Clause (5) of Article 21 and Clause (3) of Article 23 of this Regulation.
3- A fine of not less than KWD 3,000 (three thousand dinars) and not exceeding KWD 5,000 (five thousand dinars); and the penalty of temporary suspension of the licence and temporary closure, or either of these two penalties, may be added, for anyone who violates the provision of Clause (5) of Article 13 of this Regulation.
4- A fine of not less than KWD 500 (five hundred dinars) and not exceeding KWD 1,000 (one thousand dinars) for anyone who violates the provision of Article 15 of this Regulation.
5- A fine of not less than KWD 4,000 (four thousand dinars) and not exceeding KWD 5,000 (five thousand dinars); and the penalty of temporary suspension of the licence and temporary closure, or either of these two penalties, may be added thereto, for anyone who violates the provision of Clauses (1), (3) and (4) of Article 18 of this Regulation; by way of exception, the penalties set out in the Building Works Regulation shall apply to anyone who violates the provisions of Clause (3) of Article 18 with respect to acts in violation of the licences issued by the Municipality, and also to anyone who violates the provisions of Article 25 of this Regulation.
6- A fine of not less than KWD 500 (five hundred dinars) and not exceeding KWD 3,000 (three thousand dinars); and the penalty of temporary suspension of the licence and temporary closure, or either of these two penalties, may be added thereto, for anyone who violates the provision of Clauses (1), (2) and (3) of Article 21 of this Regulation.
7- A fine of not less than KWD 2,000 (two thousand dinars) and not exceeding KWD 5,000 (five thousand dinars); and the penalty of temporary suspension of the licence to practise the profession may be added thereto, for anyone who violates the provision of Clause (4) of Article 21.
8- A fine of not less than KWD 500 (five hundred dinars) and not exceeding KWD 5,000 (five thousand dinars); and the penalty of temporary suspension of the licence to practise the profession, or its cancellation, may be added thereto, for anyone who violates the provision of Article 22 of this Regulation.
9- A fine of not less than KWD 3,000 (three thousand dinars) and not exceeding KWD 5,000 (five thousand dinars); and the penalty of suspension of the licence to practise the profession, or its cancellation, may be added thereto, for anyone who violates the provision of Clauses (1) and (2) of Article 23 of this Regulation.
10- A fine of not less than KWD 4,000 (four thousand dinars) and not exceeding KWD 5,000 (five thousand dinars) for anyone who violates the provision of Article 24 of this Regulation; and the penalty of temporary suspension of the licence of the office or house, or temporary closure, or either of these two penalties, may be added thereto if the violation is committed by the holder of the licence of the office or house.
In the event of a repeat offence of committing the violating acts set out in Clauses (3), (5), (6) and (10) of this Article, the court may order the final cancellation of the licence and final closure.

Article 29

The Director General of the Municipality or whomever he delegates may, in the event of the commission of any acts in violation of the provisions of this Regulation or the provisions of the relevant laws and regulations, take one of the following precautionary measures:
1- Issuing a written warning to the violating engineering office, specialised engineering office, consultancy house or engineer.
2- Issuing a decision temporarily suspending the licence of the engineering office, specialised office or consultancy house, or temporarily suspending the licence of the engineering activity that is the subject of the violation.
3- Issuing a decision closing the engineering office, specialised office or consultancy house temporarily or permanently.
4- Suspending the violating engineer from practising the engineering profession, or suspending the accreditation of his signature, for a period not exceeding two years; and in the event of a repeat offence, he may be prohibited from practising the profession or the approval of the accreditation of his signature may be cancelled.

Article 30

A request for settlement may be accepted from the violator with respect to acts in violation of this Regulation for which the prescribed fine is less than five hundred Kuwaiti dinars. The officer who drew up the report shall, after confronting the violator with the violation, offer him settlement thereof and record this in his report; and the violator who wishes to settle shall pay, within thirty days from the date on which the settlement is offered to him, the minimum fine prescribed for the violation attributed to him, together with the fees and expenses due to the Municipality. Settlement shall result in the shelving of the violation report or the extinguishment of the criminal action by settlement and the settlement of all its effects, as the case may be.

Article 31

The licence to practise the profession issued for opening an engineering office, specialised office or consultancy house shall be cancelled in the following cases:
1- Death of the owner of the engineering office, specialised office or consultancy house, subject to the controls set out in Article 13 of this Regulation.
2- Loss of any of the conditions required for obtaining the licence to practise the profession.
3- Assignment of the licence of the engineering office, specialised office or consultancy house to third parties, directly or indirectly, without the prior approval of the Committee.
4- Dissolution of the partnership and withdrawal of the engineer in whose name the licence was issued; excepted from this is the case where the partners provide a partner who meets the conditions of the Regulation.
5- A request by the licensee for the cancellation of his licence.
6- Pursuant to a final judgment issued by the court or a decision of the Director General of the Municipality applying the precautionary measures in accordance with the provisions of this Regulation.
7- Where the use of fraud or forgery in obtaining the licence is proven, without prejudice to criminal or civil liability, where required.
8- Dissolution of the professional engineering company holding the licence for any of the causes of dissolution set out in the Companies Law and the applicable regulations issued in this regard.

Article 32

The Committee for Regulating the Practice of the Profession for Engineering Offices and Consultancy Houses may, in performing the tasks entrusted to it and adopting its recommendations on the matters submitted to it, inspect any private papers, whether in the possession of the owner, the engineering offices, the specialised engineering offices, the consultancy houses, the Municipality or any other entity; it may also summon any person, whether from among the employees of the Municipality or from outside it, to discuss with them, and take all necessary measures in this regard in accordance with the competences prescribed for it under this Regulation, in preparation for issuing its recommendation.

Article 33

1- A fee of KWD 100 (one hundred dinars) shall be imposed for each year in consideration of the licence of the engineering office or the specialised engineering office or its renewal.
2- A fee of KWD 200 (two hundred dinars) shall be imposed for each year in consideration of the licence of the consultancy house or its renewal.

Article 34

The provisions of Ministerial Resolution No. 193/2007 and its amendments shall apply to all licences issued thereunder whose term has not expired at the time this Regulation comes into force, and such licences shall not be renewed except in accordance with the conditions and controls set out in this Regulation.

Article 35

Ministerial Resolution No. 193/2007 and its amendments are hereby repealed, and any provision contrary to the provisions of this Regulation is likewise repealed.
This Regulation shall be published in the Official Gazette, and the competent authorities and concerned parties shall implement it from the date of its publication.

Issued on 5 July 2021 and published in the Official Gazette Kuwait Al-Youm on 11 July 2021.