For investors and operators planning a new private school in Myanmar, site selection is now a critical regulatory decision. The Private School Supervisory Committee’s circular of 24 September 2026 sets detailed location, building and facilities requirements for applications for the 2027–2028 academic year. A site that appears commercially attractive may be ineligible, making early checks essential before committing to land, a lease or construction.
Essential requirements
- Location and premises. A new school cannot be established within a 1,000-yard radius of an existing government basic education school or private school. A separate restriction prohibits a new private school where a government basic education school already exists in the same ward (or street). All school buildings must be within one campus. Schools cannot operate within or in conjunction with residential houses, hotels or shopping centres, on religious premises or land, or in residential-style buildings.
- Classroom capacity and outdoor space. Primary classrooms require at least 12 square feet per student, a 75-square-foot teaching area and a minimum width of 15 feet. For middle and high schools, requirements are 18 square feet per student, an 80-square-foot teaching area, and a minimum width of 20 feet. No classroom may accommodate more than 40 students, and capacity must reflect its floor area. Outdoor assembly space must accommodate at least half the student population at seven square feet per student; outdoor sports space requires 15 square feet per student, with dimensions appropriate to the sport. There must be one toilet for every 30 students.
- Facilities and safety. Schools must provide an assembly or multipurpose hall, a room for information and communications technology, a library, equipped physics, chemistry and biology laboratories at least 20 feet wide, specialist teaching rooms, an administrative office and a teachers’ lounge. The requirements also cover flagpoles, lighting and ventilation, drop-off and school-transport parking, a first-aid room, fire and natural-disaster protection, security, clean drinking water and a hygienic canteen.
- Application evidence. Applicants need municipal approval for educational use, a fire-safety recommendation or approval, tax-compliance evidence and tax clearance, building-ownership evidence, photographs, detailed plans and an area-calculation sheet. Earthquake-resistance calculations must be endorsed by a Professional Engineer (Civil). A map showing distances to existing schools is also required. No-objection declarations must be obtained from owners or occupants of two adjoining properties on each of the four sides, authenticated by the ward or village-tract administrator. Boarding facilities additionally require evidence of compliance with the supervisory requirements and a valid municipal hostel licence.
Three priorities for operators and investors
Screen the site and test the business plan. Map nearby schools and administrative boundaries before committing to premises. Engage an architect and civil engineer to assess classroom capacity, outdoor space and earthquake resistance. Until the calculation method is confirmed, budget for teaching areas in addition to student areas. Property commitments should be conditional on regulatory acceptance and the necessary approvals.
Obtain written clarification where requirements are unclear. The circular asks for ownership evidence, while section 27(b) of the Private Education Law 2023 (the “2023 Law”) and the 2023 registration directives expressly contemplate leased premises. Applicants should confirm whether a lease supported by the owner’s title will suffice. Other points requiring clarification include distance measurement, assembly-space calculations, shared outdoor areas and specialist facilities for primary-only schools. The circular addresses new-school applications but does not expressly resolve its treatment of international-curriculum schools, new branches, relocations or existing-school renewals.
Prepare the complete registration package. Premises compliance does not replace school and teacher registration, curriculum requirements or investment approvals. The 2023 directives also require corporate, investment, academic and staffing information, and separate registration for each branch. For national- and international-curriculum schools, those directives prescribe a registration fee of MMK5 million and an annual fee of MMK6 million, payable in Myanmar kyat. Confirm the current fees and filing window with the relevant authority: the circular gives no application deadline. A school must not operate or advertise as a private school before registration.
What does this mean for schools already operating?
The notification does not provide a complete compliance route for existing schools. Its stated scope is applications to establish new schools for 2027–2028. It does not expressly require existing schools to retrofit or relocate, set a new remedial deadline, or establish an exemption procedure. Equally, its silence should not be treated as a permanent exemption from applicable standards or as an instruction to close automatically.
Earlier transitional relief is limited. Clause 11 of each of the 2023 national- and international-curriculum registration directives provides for temporary registration of schools established before that directive where requirements are unmet. Compliance is required within two years of the temporary certificate’s issue, with suspension if requirements remain unmet. This is not a general two-year grace period for every operating school or for the 2026 criteria. Separately, section 80 of the 2023 Law required pre-existing schools to register within one year of enactment. The notification does not restart either period.
Existing obligations still matter. The 2023 Law requires compliance with applicable standards and directives. Breaches may attract warnings, fines, suspension, revocation or blacklisting under section 51. An administrative order may be appealed within 60 days under section 53, but an appeal should not be treated as permission to operate while a certificate is suspended or revoked. These enforcement provisions do not resolve whether each new criterion applies retrospectively.
Seek a school-specific written determination. Operators should audit their registration conditions, temporary-certificate deadlines and existing compliance gaps, then approach the relevant Union Territory, Region or State supervisory body. Ask which 2026 criteria apply to continued operation, renewal or relocation; what corrective action and timetable are required; whether any extension or alternative arrangement is legally available; and on what conditions operations may continue pending a decision. Where no procedure or guidance is specified, request written directions and referral to the central Supervisory Board where required. Do not assume that a waiver exists. Relocation, a class suspension exceeding seven consecutive days excluding official holidays, and permanent closure require the applicable approvals; closure also entails student refunds and staff obligations.
The legal framework and historical development of education laws in Myanmar
The National Education Law 2014 (Law No. 41/2014, dated 30 September 2014) and the Basic Education Law 2019 (Law No. 34/2019, dated 10 December 2019) form part of Myanmar’s broader legislative framework for education. Separately, the Private School Registration Rules 2012 (Notification No. 1/2012, dated 30 April 2012) represent an earlier regulatory instrument concerning private school registration. The Private Education Law 2023 (Law No. 50/2023) provides the principal legal framework specifically governing private school registration and supervision, including the authority of the relevant supervisory bodies to prescribe standards and issue directives. Accordingly, the September 2026 circular should be considered in the context of the 2023 Law and the broader education-related legislative and regulatory framework. In particular, foreign investors should not rely solely on Myanmar Investment Commission Notification No. 7/2018, as that notification expressly anticipates subsequent education legislation.
The continuing applicability and legal status of earlier laws, rules and notifications should be assessed in light of the Private Education Law 2023 and any subsequent implementing regulations, directives and other regulatory instruments. This analysis is based on the legislative and regulatory materials reviewed and should not be regarded as an exhaustive confirmation of all applicable legal provisions, their interpretation or their current status. Independent verification with the relevant authorities and qualified Myanmar legal counsel is recommended before making any investment, licensing or operational decisions.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
DFDL offers expert Corporate and M&A solutions across 10 jurisdictions in South and Southeast Asia. Explore our Myanmar team.
