Introduction
One of the most common complaints among homeowners in Kuwait is the neighbour who adds an extra floor or a rooftop annex, opens a new window in a side wall, or turns a roof into an open seating area, so that the courtyard, bedrooms or family sitting room next door can suddenly be seen from the other side. The issue is especially sensitive in Kuwaiti society, where the sanctity of the home and the privacy of the family carry real weight. Many disputes between neighbours start with a single window and end at the police station or in court.
Being overlooked is not just a matter of courtesy. It has a clear legal basis. The Kuwaiti Civil Code, issued by Decree-Law No. 67 of 1980, makes clear that the right of ownership, however broad, is not absolute. An owner is answerable if he abuses his right or causes his neighbour harm beyond what is normally tolerated. On top of this, the building regulations issued by Kuwait Municipality govern setbacks, wall heights and the position of openings, which gives an affected neighbour an administrative route to complain alongside the judicial one.
This article focuses on one specific part of neighbour disputes: overlooking and loss of privacy caused by windows, balconies, rooftops and taller buildings. It covers when this becomes actionable harm, what the Municipality can do, when the police become involved, how a claim for removal, screening and compensation works, and the roles of engineering expertise and settlement. The general theory of neighbour nuisance is covered in our article on abuse of rights and abnormal neighbour nuisance, water leaks between flats in water leaks and property damage, and building violations in general in building and subdivision violations in Kuwait.
The Short Answer
If your neighbour has opened a window or built a balcony, roof terrace or taller structure that exposes your home, here is where you stand in practice:
- Not every view is a legal wrong. Living in a residential area means accepting some normal closeness. What matters is whether the exposure is permanent and direct, and whether it reaches the private parts of your home in a way that goes beyond what neighbours customarily tolerate.
- A permit does not necessarily rule out harm. A building can be fully licensed and still cause abnormal harm that a court may order removed or reduced. That said, proving a breach of the building regulations greatly strengthens your position.
- The Municipality is the fastest route when there is a building violation. Examples are an opening not shown on the approved plan, an encroachment into the setback, a wall or parapet lower than required, or unlicensed rooftop construction.
- The police step in when overlooking becomes a criminal act, such as deliberate spying, photographing, threats or verbal abuse.
- The court is the decisive route. You can ask for an order removing the harm in kind (closing or altering the opening, installing a screen, raising a barrier), plus compensation where the conditions are met. This is usually preceded by an urgent inspection and an engineering expert report.
- A written settlement is often the cheapest and quickest solution, provided it is set out in a clear, enforceable agreement.
1. The Legal Framework Protecting Your Home from Being Overlooked
Kuwait has no single "neighbours' rights" statute. Protection comes from several sources that work together, and knowing them is the first step to choosing the right route.
The Civil Code (Law No. 67 of 1980)
The Civil Code supplies the core rules an affected neighbour relies on, chiefly three:
- Abuse of rights: an owner's use of his property becomes unlawful if its only aim is to harm others, or if the interest pursued is so slight that it is out of all proportion to the harm caused to the neighbour. A window opened in a side wall directly facing a neighbour's courtyard, when it could easily have been placed elsewhere and serves no real need for light or ventilation, may point to abuse.
- Abnormal neighbour nuisance: an owner must not use his right so excessively that he harms his neighbour's property beyond the normal limit. In making this assessment the court looks at custom, the nature of the properties, their position relative to each other and the purpose each serves.
- Tort liability: any fault that causes harm to another obliges the person responsible to compensate. Compensation may be monetary or in kind, meaning restoring the previous position or removing the source of harm.
Some Arab civil codes contain detailed provisions setting fixed distances for direct and oblique views. In Kuwaiti practice, the primary practical reference for distances, the placement of openings and wall heights is the Municipality's building regulations, read alongside the general civil-law rules above. We therefore always recommend checking the rule and regulation that actually apply to your property before relying on any specific distance.
Kuwait Municipality Building Regulations
Kuwait Municipality issues regulations governing construction in each area according to its zoning (private housing, investment, commercial and so on). Broadly, they cover setbacks from neighbouring boundaries and streets, building ratios, the number of floors and heights, the height of boundary walls and screens, and controls on rooftop structures and annexes. Many overlooking problems actually come from breaches of these rules: an opening not on the approved plan, an unlicensed rooftop floor or annex, a reduced setback, or a roof parapet lower than required. Where a breach exists, the neighbour can ask the Municipality to inspect it and take action. Because the detailed rules and figures change through regulatory decisions and vary from area to area, you should refer to the regulation in force when the building was constructed and to the approved plan of the property complained of.
The Penal Code (Law No. 16 of 1960) and Special Criminal Laws
Overlooking in itself is basically a civil and administrative matter. It can become criminal when combined with punishable conduct, such as deliberate spying together with photographing women or family members inside the home, publishing images, threats or insults. Where images are captured or shared electronically, Law No. 63 of 2015 on Combating Information Technology Crimes may also apply. We cover photography in detail in photographing people without consent in Kuwait and cameras in Kuwait's security camera law.
The Civil and Commercial Procedure Code (Law No. 38 of 1980)
This law governs the procedure: jurisdiction, the statement of claim, and urgent (summary) proceedings. You can use urgent proceedings to record the situation before it changes, or to seek a halt to ongoing construction that threatens harm that would be hard to reverse. See also our article on possessory actions and stopping new works.
Rules on Apartment and Floor Ownership
Where the dispute is between flat owners in the same building, for example one encloses a balcony with clear glass facing another's balcony or uses the shared roof in a way that exposes the flats, the rules on floor ownership and any owners' association add to the principles above. We discuss these in our article on apartment and floor ownership.
2. When Does Being Overlooked Become Abnormal Harm?
This is the central question in every such dispute. It is not answered by numbers alone. The judge weighs several factors together, informed by the expert report and the site inspection.
The nature of the exposed space
Exposing an inner courtyard where the women of the house sit, bedrooms, a swimming pool or a family sitting room is far more serious than exposing a driveway or a façade that already faces the street. The focus is on the private spaces that Kuwaiti custom protects from outside view.
Permanence and directness
A fixed window facing the courtyard, a balcony looking directly down, or a roof used as a daily sitting area is very different from a small, high ventilation opening that can only be looked through with effort. Exposure that requires standing on a chair or leaning far out is generally not treated as permanent, direct overlooking.
Distance, angle and height
The closer an opening is to the boundary, the more directly it faces the exposed area, and the higher it sits above the dividing wall, the clearer the harm. This is why the engineering expert is so important: he draws the section, plots the line of sight and establishes whether the existing wall blocks it.
The character of the area and local custom
What is normal in an investment area of closely packed apartment blocks may not be normal in a private-housing area. The court considers how the area is built and the purpose each property serves.
Priority and good faith
A neighbour does not lose his right merely because the building complained of came first. However, which building came first, good faith, and whether easy alternatives exist on either side all affect how the court assesses the harm and which remedy it orders. For example, the affected neighbour may be able to raise his own wall cheaply, or the overlooking owner may be able to change the glazing without difficulty.
Breach of building regulations
A regulatory breach is not a precondition for civil liability, but it is strong evidence. If the window, annex or roof structure was built contrary to the permit, fault is easier to prove, and the neighbour has two parallel routes: the administrative route through the Municipality and the judicial route through the court.
3. Common Forms of Overlooking and How They Are Treated
The newly opened side window
This is the most frequent case: a neighbour opens a window in a wall on or near the boundary, facing the other home's courtyard or rooms. Court-ordered remedies are usually graduated. They include raising the sill so a standing person cannot see out, replacing clear glass with fixed obscured glass that cannot be opened, fitting an external screen, or closing the opening altogether if nothing else works or it breaches the permit.
The overlooking balcony
A balcony is more intrusive than a window because people sit and stand there for long periods. Where it looks onto a neighbour's courtyard or rooms, the remedy may be a side or front screen high enough to block the view, or removal of the overlooking part if it was built without a permit or inside the setback.
The roof used as a terrace or annex
Turning a roof into a seating area, garden or annex that overlooks neighbouring homes is a recurring problem. The usual remedy is a parapet or screen high enough to block the view. Removal of the annex may be sought if it is unlicensed. The Municipality has jurisdiction to verify the legality of rooftop construction and parapet heights.
A taller building or an added floor
If a neighbour adds a fully licensed floor, height alone is usually not enough to justify removal, but the windows and balconies on that floor can still be assessed for overlooking. If the floor is unlicensed or exceeds the permitted height, the Municipality is the first port of call. See our article on building and subdivision violations.
Encroachment into the setback
The setback is the distance that must be left between a building and the neighbouring boundary or street. Building inside it does more than reduce air and light. It brings openings closer to the neighbour's home and multiplies the exposure. Here civil harm and an administrative violation coincide, and the neighbour can both complain to the Municipality and seek a court order removing whatever crosses the line.
Cameras pointed at the neighbour's home
Installing a CCTV camera to protect one's home is lawful in principle. Aiming it so that it constantly records a neighbour's courtyard, entrance or windows may amount to an invasion of privacy and can lead to civil and, depending on the circumstances, criminal liability. Details are in Kuwait's security camera law.
Overlooking between flats in the same building
In apartment buildings and residential complexes, exposure may come from a facing balcony, a shared roof or a service corridor. The building's internal rules and the rules on common parts are relevant, and the landlord or owners' association usually has a key role before anyone goes to court.
4. Settled Principles of the Court of Cassation
Kuwaiti courts decide neighbour disputes on settled general principles, set out here descriptively without attributing them to particular appeal numbers:
- Assessing harm is a question of fact: the Court of Cassation has consistently held that whether neighbourhood harm is normal or abnormal is a question of fact for the trial court, provided its reasoning is sound and grounded in the record.
- An administrative permit does not exclude civil liability: it is an established principle that a building permit does not shield an owner from civil liability if using his property causes his neighbour abnormal harm, since permits are issued without prejudice to third-party rights.
- The standard is objective: abnormal harm means harm beyond what neighbours ordinarily tolerate according to custom and the nature of the place, not the unusual sensitivity of a particular neighbour.
- The expert report is one item of evidence: the courts have held that the court is not bound by the expert's opinion. It may adopt it in whole or in part, or set it aside with reasons, and it may appoint another expert.
- Remedy in kind comes first where possible: the court may order removal of the source of harm or a measure that reduces it to a normal level, such as a screen or an altered opening. Demolition is not always the answer, and the court chooses the measure that best balances the two rights.
- Abuse of rights applies even without breaking the law: exercising a right within its apparent limits may still be unlawful if intent to harm, or gross disproportion between interest and harm, is proven.
Methodological Note
These principles are stated in general terms that reflect the settled direction of Kuwaiti case law in this area. For accuracy, we have not attributed them to specific appeal numbers or judgment dates. How any principle applies depends on the facts, documents and expert findings in each dispute, so this summary should not be relied on alone to assess the prospects of a particular claim.
5. Practical Steps and Required Documents
Step one: document everything first
Before speaking to your neighbour or complaining, record the situation as it is, because things often change after the first argument:
- Photograph the overlooking window, balcony or roof from inside your home, specifically from the exposed area (courtyard, bedroom, pool), showing the line of sight.
- Note when the works started and each stage if construction is ongoing, and keep a dated photo sequence.
- Keep any messages or conversations with the neighbour about the issue.
- Do not photograph the neighbour, his family or the inside of his home. Limit yourself to photographing the structure and the opening from your own property, so you do not become the wrongdoer yourself.
Step two: an amicable approach and written notice
Many neighbours simply do not realise that what they built exposes someone else's home. A calm conversation, or mediation by someone both sides respect, can often resolve the matter with obscured glass or a screen. If that fails, send a written notice that describes the problem, proposes a solution and allows a reasonable deadline. It shows your good faith and proves the neighbour knew of the harm, which helps later in court.
Step three: complain to the Municipality
If a building violation is possible, file a complaint with Kuwait Municipality (the building-control department for your governorate). Give the address and plot number of the property if you can, the suspected violation and photographs. The Municipality inspects the building, checks it against the approved plan and takes whatever action it considers appropriate. Keep the complaint reference and request written confirmation of the outcome, which may later serve as evidence in court.
Step four: the police, where there is a criminal act
The police are not the forum for the mere existence of a window. They become relevant when overlooking comes with deliberate, repeated spying, photographing, harassment by words or gestures, threats or insults. In that case a report is filed with whatever evidence is available, and the matter is referred to the competent investigating authority.
Step five: recording the situation and urgent proceedings
If works are ongoing and there is a risk that the site will change or the building will be completed, you can apply to the urgent-matters judge to appoint an expert to inspect and describe the situation. In certain cases you may also seek to stop new works before completion, a remedy with its own conditions that we explain in our article on possessory actions.
Step six: the claim for removal of harm and compensation
The substantive claim is filed before the competent court. It is best to frame the requests in tiers. The principal request is removal of the source of harm (closing the opening or removing the overlooking part). In the alternative, ask for measures that prevent the exposure (raising the window sill, fixed obscured glass, a screen at a height set by the expert). Add a claim for compensation for moral and material harm where its elements exist, and a request to appoint an engineering expert.
Step seven: the engineering expert
The court usually appoints an expert from the Experts Department of the Ministry of Justice. You should attend the expert meetings, submit your documents and ask for specific questions to be included in the expert's brief. Examples: Does the opening match the approved plan? Which spaces does it expose? What is the line of sight? What technical solutions are available, and at what cost? If the report falls short, file a reasoned objection.
Documents usually required
- Your title deed or tenancy contract (if the tenant is the affected party, bearing in mind the landlord's role).
- Dated photos and video of the overlooking opening, balcony or roof.
- The approved plan of your property and whatever information is available on the property complained of.
- The written notice sent to the neighbour and proof of delivery.
- The Municipality complaint reference and any written outcome.
- The police report number, if any.
- A private consulting engineer's report where possible, to support your position before the court-appointed expert.
- Your civil ID and a power of attorney for your lawyer.
6. Practical Analysis: Hypothetical Cases
Case one: a first-floor window above the courtyard
Hypothetical facts: in a private-housing area, a neighbour adds a first floor and opens two large, clear, opening windows in his side wall. They look directly onto the next-door courtyard where the family sits every day, and the dividing wall does not block the view from that height. The neighbour refuses a friendly request to change the glass.
Legal analysis: the exposure is permanent and direct, it reaches a private space, and it comes from above the wall, all of which point towards abnormal harm. The first step is to verify the approved plan through a Municipality complaint. If the windows are not on it, the case for closing them is strong. If they are licensed, the neighbour can still ask the court for a measure that prevents overlooking, such as raising the sills or fitting fixed obscured glass, because a permit does not exclude liability for abnormal harm. Monetary compensation is possible if moral harm is proven, but the court will usually concentrate on a remedy in kind.
Case two: the roof turned into a terrace
Hypothetical facts: a neighbour converts his roof into a shaded seating area where he hosts guests in the evening and builds a light annex on it. The parapet around the roof is low, so people sitting there can see the neighbours' courtyard and swimming pool.
Legal analysis: a possible administrative violation (the rooftop annex and the parapet height) coincides with civil harm. The practical route is a Municipality complaint to check the annex's licence and the parapet height. If that does not resolve matters, the next step is a claim to require a screen at a height determined by the expert, or removal of the non-compliant annex. Using the roof is not prohibited in itself. What is prohibited is using it in a way that exposes the neighbours beyond what is normal.
Case three: facing balconies in an apartment building
Hypothetical facts: in an investment building, a flat owner encloses his balcony with a clear glass front and makes it part of his living room. It now looks onto the enclosed balcony of the flat opposite, which its owners use as a sitting room. He also installs a camera pointing at the corridor outside the opposite flat's door.
Legal analysis: in investment buildings the normal degree of closeness is higher than in private housing, so facing flats alone do not establish harm. The court will look at the extent and location of the exposure, the building's internal rules, and whether the enclosure was approved by the landlord, the owners' association and the authorities. The camera permanently aimed at the neighbour's front door is a separate privacy issue. It may justify a demand to redirect or remove it, and more serious liability if it is shown to be used for unlawful purposes or publication.
7. Comparison of Available Routes
- Amicable discussion and written notice: purpose, a quick fix without litigation | time, usually short | cost, low | binding force, weak unless recorded in a written settlement | suitable in every case as a first step.
- Municipality complaint: purpose, enforcing building regulations | time, medium, depending on inspection and administrative steps | cost, low | binding force, administrative only, no compensation | suitable where an opening, annex or setback breaches the permit.
- Police report: purpose, dealing with a criminal act such as deliberate spying, photographing or threats | time, depends on the investigation | cost, low | binding force, criminal if the offence is proven | not suitable for the mere existence of a window.
- Urgent proceedings (recording the situation or stopping works): purpose, preserving evidence or preventing completion of a harmful structure | time, relatively short | cost, moderate | binding force, a temporary order that does not decide the underlying right | suitable when works are ongoing or the site may change.
- Claim for removal of harm and compensation: purpose, a binding order to close the opening, install a screen or remove what is non-compliant, plus compensation | time, longer, including expert work and appeals | cost, higher | binding force, a judgment enforceable by compulsion | suitable when other routes fail or the harm is serious.
- Court-recorded or written settlement: purpose, ending the dispute on balanced terms | time, short once agreed | cost, moderate | binding force, binding, and stronger if recorded before the court | suitable at any stage, even after a claim is filed.
Frequently Asked Questions
1. My neighbour opened a window overlooking my home. Can I force him to close it?
Not automatically. If the window breaches the permit, the Municipality may require the violation to be removed. If it is licensed but permanently exposes the private parts of your home beyond what is normal, a court may order it closed or, more often, altered to prevent overlooking, for example by raising the sill or fitting fixed obscured glass or a screen.
2. The building is licensed by the Municipality. Is that the end of it?
No. A permit means the building complies with administrative rules. It does not prevent civil liability if its use causes the neighbour abnormal harm.
3. Is it enough that I can see my neighbour's window from my house?
No. What matters is that the exposure reaches private spaces and is permanent and direct beyond what is normal in the area, not simply that the window is visible.
4. Can I raise my own wall instead of suing?
Yes, if the building regulations allow the required height and you obtain any necessary permit. This is sometimes faster and cheaper, but make sure you do not breach the regulations yourself.
5. My neighbour deliberately goes up to his roof to look into my courtyard. What should I do?
Document the incidents carefully without photographing his family. If the conduct is deliberate and repeated, or involves photographing, harassment or threats, file a police report alongside a civil claim for a rooftop screen.
6. Can a tenant complain about being overlooked?
A tenant has an interest in the quiet enjoyment of the property and can complain to the Municipality or the police as appropriate, and ask the landlord to intervene. Claims tied to ownership, such as demolition, are usually for the owner to bring, so coordinating with him is advisable.
7. How long does a claim for removal of harm take?
It depends on the expert appointment, meetings, objections and appeals, and cannot be predicted in advance. Urgent proceedings offer faster, temporary protection to preserve evidence or stop works.
8. Can I claim financial compensation?
Yes, if material or moral harm and causation are proven, with the amount assessed on the facts of each case. In these disputes, however, courts tend to favour a remedy in kind that stops the harm, with money as a supplement.
9. Can the court order the whole floor demolished?
This is rare. It depends on a serious breach of the permit, or on the harm being impossible to remove any other way. Courts generally choose the least drastic measure that removes the harm, such as a screen or an altered opening.
10. My neighbour installed a camera that records my entrance. Is that overlooking?
It is a modern form of it, tied to privacy. A camera permanently aimed at a neighbour's property may justify a demand to redirect or remove it, with liability depending on its purpose and use. See Kuwait's security camera law.
11. We agreed amicably on a screen. How do I make sure it is installed?
Put the agreement in writing: the type, specification, height and position of the screen, the deadline, who pays and the consequences of breach. If a case is already pending, the settlement can be recorded before the court. See our article on settlement agreements under Kuwaiti law.
12. I bought a house and the overlooking window was already there. Have I lost my right?
Buying after the window existed does not in itself extinguish the right. However, your knowledge of the situation at purchase, the length of time involved and the previous owner's silence may affect the court's assessment and the remedy it chooses. The facts need careful review.
Conclusion
Protecting your home from being overlooked is a legitimate right grounded in the Civil Code, the building regulations and the values of Kuwaiti society. It is not, however, an absolute right to stop a neighbour from building or placing windows as he reasonably wishes. The law balances the owner's right to use his property against the neighbour's right not to suffer harm beyond the normal, and it is the judge who draws that line in each case on its own facts.
Experience shows that people who document early, start with dialogue and a written notice, use the administrative complaint where there is a violation, and then go to court with tiered requests backed by engineering evidence usually achieve a practical result: a screen, obscured glass, an altered opening and sometimes compensation. Those who react emotionally, for example by photographing the neighbour's home or interfering with his property, risk turning from the wronged party into the party complained against.
Where the dispute goes beyond overlooking to noise, water leaks, parking or unlawful construction, combining these claims in one considered strategy is usually more effective than scattering them across separate complaints.
Legal Notice
This article is general legal information for awareness purposes. It is not legal advice on any specific matter and does not replace consulting a lawyer who has reviewed your documents, your property plans and the circumstances of your dispute. Building regulations and administrative procedures may change through later regulatory decisions.
If a neighbour's window, balcony, roof or non-compliant building is exposing your home, or if you are an owner facing such a complaint, the team at Yumnaak Law Firm (يمناك لأعمال المحاماة) would be glad to review your situation. We can help you choose between settlement, an administrative complaint and court proceedings, and support you through site inspection and expert review until the judgment or settlement is carried out.
