The New Bahrain Building Law: A Comprehensive Modernisation of Construction Regulation

5 min 21 sec

Bahrain’s government has submitted to Parliament a draft building law designed to replace the existing 1977 building regulations with a contemporary regulatory framework for the construction sector. The proposed legislation seeks to reorganise the Kingdom’s construction industry in line with best practices and enhance its efficiency, whilst promoting sustainable building practices, encouraging sector investment, and preventing harmful practices.

This article examines the key innovations and updates introduced by the draft law, compares them with the current regulatory framework, and explains why monitoring this legislative development throughout 2026 will be critical for all stakeholders in Bahrain’s construction sector.

Key Features and Updates

1. Enhanced Private Sector Participation

One of the most significant departures from the current framework is the expanded role envisaged for private sector entities. The draft law authorises the Minister of Municipalities Affairs, subject to Cabinet approval, to delegate to private entities the provision of one or more services relating to building permits, approval certificates, inspections, and site examinations.

Furthermore, the relevant municipality may assign accredited engineering offices possessing the necessary technical capabilities to verify and review prepared engineering drawings and designs, or to inspect properties, including pre-completion inspections before issuing completion certificates. In all cases, the permit applicant would bear the inspection costs in accordance with rules and conditions specified in the executive regulations.

Such an approach represents a fundamental shift away from the current regime, under which licensing authority is exercised exclusively by municipalities, and reflects an effort to streamline procedures while leveraging private sector expertise.

2. Significantly Expanded Enforcement Powers

Perhaps the most striking innovation is the substantial expansion of municipal enforcement authority. The draft law grants municipalities immediate administrative enforcement powers in cases where violations threaten life, property, health, or security, or involve serious danger, including stopping work, demolishing buildings or non-compliant sections, closing buildings, or undertaking necessary works with the possibility of using coercive force.

Financial penalties may also be imposed directly by municipalities, without recourse to court proceedings, where unauthorised or unlawful construction is established. Such penalties range between BD5,000 and BD50,000.

By comparison, the current law provides only modest fines, ranging from ten to one hundred dinars for violations, alongside doubled licence fees for unlicensed works and increased fines of fifty to five hundred dinars for failures to submit required drawings. The draft law therefore reflects a markedly tougher enforcement stance.

3. Streamlined and Transparent Permit Processes

Whilst the draft law prohibits undertaking any project or building works without obtaining prior permission from the municipality, it simultaneously permits certain minor or temporary works, to be defined in the executive regulations, to be exempted from the licensing requirement, requiring only notification to the relevant authority before commencement.

The draft law regulates the method of submitting licence applications and required documentation, authorises delegation to the private sector for receiving applications and verifying compliance with conditions, and designates the relevant municipality as a central body for obtaining approvals from other authorities within specified timeframes.

Such measures contrast with the current law’s broad requirement for municipal licences covering virtually all forms of construction, modification, demolition, or land alteration, with only limited exemptions for small-scale works.

4. Mandatory Professional Supervision

The draft law requires all projects to be executed under the supervision of an engineering office, with exceptions to be defined in the executive regulations, and mandates the appointment of a full-time engineer for large projects requiring continuous supervision.

Engineering offices and contractors are obliged to ensure works comply with drawings, designs, and approved technical standards, notify the relevant municipality upon their appointment or termination, report any violations or work stoppages exceeding three months, and maintain project records for submission upon request.

This builds upon the current law’s requirement that submitted drawings be prepared and approved by recognised architectural and structural engineers accredited by an official authority, and that a supervising engineer approved by the municipality declare their willingness to assume responsibility but introduces more comprehensive ongoing supervision requirements.

5. Comprehensive Monitoring and Maintenance Powers

Broad monitoring and maintenance powers are conferred on municipalities under the draft law for the purpose of protecting life and property. These powers include conducting both external and internal building inspections, with recourse to judicial orders where entry is refused. Based on inspection results, necessary measures may be taken including maintenance, restoration, or demolition, with the possibility of temporary evacuation if required, with the relevant municipality bearing costs initially whilst recovering reasonable expenses from the building owner, who retains the right to appeal and challenge.

The relevant municipality authority will obtain the power to investigate violations on its own initiative or based on complaints, obliges it to notify the Public Prosecution when criminal activity is suspected, and authorises it to impose sanctions such as work stoppage, demolition, or financial penalties whilst permitting appeals and challenges.

These provisions go well beyond the current law, which limits municipal powers primarily to site access for compliance checks, with judicial approval required for internal inspections in cases of refusal.

6. Strengthened Criminal Sanctions

The proposed legislation provides for criminal sanctions, including custodial sentences and/or financial penalties, for specified violations such as the submission of inaccurate or misleading information to obtain a licence, or undertaking construction activities without the requisite approvals. Monetary penalties for individuals range from BD1,000 to BD20,000, while corporate offenders may be subject to fines of up to twice the maximum amount prescribed for natural persons. For certain offences, the draft law allows matters to be resolved through reconciliation, subject to payment of the minimum prescribed fine within 30 days.

Criminal responsibility is also extended to legal entities where offences are committed in their name or for their benefit, and settlement is permitted in respect of specified offences provided that the statutory conditions are satisfied.

Conclusion

Subject to approval by Parliament and the Shura Council, the proposed law would establish an updated regulatory framework for construction, while clearly reflecting a more stringent approach to non-compliance within the construction industry. Granting competent authorities clear monitoring and inspection powers is expected to reduce building violations, whilst the bill supports transparency and accountability and preserves urban fabric by ensuring full adherence to approved architectural and engineering designs.

The transition from a nearly 50-year-old regulatory framework to a contemporary system designed for modern construction practices represents a fundamental shift in how Bahrain regulates its built environment. All stakeholders – developers, contractors, engineers, property owners, and investors – must remain vigilant throughout 2026 as this legislative initiative progresses, ensuring they understand the new requirements and prepare adequately for implementation.