Building Control Act · s 47

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47.
Eligibility to be licensed as builder
(1) Subject to subsections (2) and (4), an individual who applies for a builder’s licence is eligible to be granted such a licence if —
(a) he has paid the prescribed fees for such licence;
(b) he satisfies the Authority that he is a person of good character and that he intends to carry on business on his own account;
(c) he —
(i) has completed the prescribed course of training and has the prescribed practical experience (whether within
Brunei Darussalam or elsewhere) in the work of a builder or as a supervisor of general building works or specialist building works; or

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(ii) although not having complied with the requirements of sub-paragraph (i), satisfies the Authority that he has nevertheless had such practical experience in the work of a builder or as a supervisor of general building works or specialist building works, as to render him, in the opinion of the Authority, competent to carry on the business of a builder in Brunei Darussalam; and
(d) he satisfies the Authority that the execution and performance of any general building works or specialist building works in
Brunei Darussalam that he undertakes shall be under —
(i) his personal supervision; or
(ii) the personal supervision of at least one of his employees, being an employee who satisfies the Authority that the employee has the prescribed qualifications and prescribed practical experience.
(2) Where an individual applies for a builder’s licence in partnership with another individual or other individuals, the partnership is, subject to subsection (4), eligible to be granted such a licence if —
(a) at least one partner satisfies the Authority that he meets the requirements of subsection (1);
(b) the applicant satisfies the Authority that the management of the business of the partnership in so far it relates to general building works or specialist building works in Brunei Darussalam shall at all times be under the charge and direction of a partner of the partnership who —
(i) has the prescribed qualifications and prescribed practical experience; or
(ii) although not having the prescribed qualifications and prescribed practical experience, satisfies the Authority that he has nevertheless had such practical experience as to render him, in the opinion of the Authority, competent to manage the business of a builder in
Brunei Darussalam; and

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(c) the applicant satisfies the Authority that the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the partnership shall be under the personal supervision of —
(i) at least one partner of the partnership; or
(ii) at least one of its employees, being a person employed in such a manner and with such similar duties and responsibilities as a partner, who satisfies the Authority that he has the prescribed qualifications and prescribed practical experience.
(3) Subject to subsection (4), a corporation which applies for a builder’s licence is eligible to be granted such a licence if —
(a) it has paid the prescribed fees for such licence;
(b) it is neither a company limited by guarantee nor a corporation sole;
(c) the paid-up capital of the corporation is of such amount as the
Authority may specify;
(d) it satisfies the Authority that it is duly authorised to carry on the business of a builder;
(e) it further satisfies the Authority that the management of the business of the corporation in so far it relates to general building works or specialist building works in Brunei Darussalam shall at all times be under the charge and direction of a director of the corporation, or a member of the board of management of the corporation, or an employee (being a person employed in such a manner and with such similar duties and responsibilities of a director or member of its board of management) who —
(i) has the prescribed qualifications and prescribed practical experience; or
(ii) although not having the prescribed qualifications and prescribed practical experience, satisfies the
Authority that he has nevertheless had such practical

Building Control experience as to render him, in the opinion of the
Authority, competent to manage the business of a builder in Brunei Darussalam; and
(f)
the applicant satisfies the Authority that the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the corporation shall be under the personal supervision of —
(i) at least one director of the corporation or a member of its board of management; or
(ii) at least one of its employees, being a person employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who satisfies the Authority that he has the prescribed qualifications and prescribed practical experience.
(4) Notwithstanding subsection (1), (2) or (3), the Authority may require an applicant under that subsection to satisfy the Authority that the applicant has sufficient material and financial resources available to enable the applicant to meet his or its financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy the Authority.

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s 47Eligibility to be licensed as builder

(1)

Subject to subsections (2) and (4), an individual who applies for a builder’s licence is eligible to be granted such a licence if —

(a)

he has paid the prescribed fees for such licence;

(b)

he satisfies the Authority that he is a person of good character and that he intends to carry on business on his own account;

(c)

he —

(i)

has completed the prescribed course of training and has the prescribed practical experience (whether within

Brunei Darussalam or elsewhere) in the work of a builder or as a supervisor of general building works or specialist building works; or

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(ii)

although not having complied with the requirements of sub-paragraph (i), satisfies the Authority that he has nevertheless had such practical experience in the work of a builder or as a supervisor of general building works or specialist building works, as to render him, in the opinion of the Authority, competent to carry on the business of a builder in Brunei Darussalam; and

(d)

he satisfies the Authority that the execution and performance of any general building works or specialist building works in

Brunei Darussalam that he undertakes shall be under —

(i)

his personal supervision; or

(ii)

the personal supervision of at least one of his employees, being an employee who satisfies the Authority that the employee has the prescribed qualifications and prescribed practical experience.

(2)

Where an individual applies for a builder’s licence in partnership with another individual or other individuals, the partnership is, subject to subsection (4), eligible to be granted such a licence if —

(a)

at least one partner satisfies the Authority that he meets the requirements of subsection (1);

(b)

the applicant satisfies the Authority that the management of the business of the partnership in so far it relates to general building works or specialist building works in Brunei Darussalam shall at all times be under the charge and direction of a partner of the partnership who —

(i)

has the prescribed qualifications and prescribed practical experience; or

(ii)

although not having the prescribed qualifications and prescribed practical experience, satisfies the Authority that he has nevertheless had such practical experience as to render him, in the opinion of the Authority, competent to manage the business of a builder in

Brunei Darussalam; and

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(c)

the applicant satisfies the Authority that the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the partnership shall be under the personal supervision of —

(i)

at least one partner of the partnership; or

(ii)

at least one of its employees, being a person employed in such a manner and with such similar duties and responsibilities as a partner, who satisfies the Authority that he has the prescribed qualifications and prescribed practical experience.

(3)

Subject to subsection (4), a corporation which applies for a builder’s licence is eligible to be granted such a licence if —

(a)

it has paid the prescribed fees for such licence;

(b)

it is neither a company limited by guarantee nor a corporation sole;

(c)

the paid-up capital of the corporation is of such amount as the

Authority may specify;

(d)

it satisfies the Authority that it is duly authorised to carry on the business of a builder;

(e)

it further satisfies the Authority that the management of the business of the corporation in so far it relates to general building works or specialist building works in Brunei Darussalam shall at all times be under the charge and direction of a director of the corporation, or a member of the board of management of the corporation, or an employee (being a person employed in such a manner and with such similar duties and responsibilities of a director or member of its board of management) who —

(i)

has the prescribed qualifications and prescribed practical experience; or

(ii)

although not having the prescribed qualifications and prescribed practical experience, satisfies the

Authority that he has nevertheless had such practical

Building Control experience as to render him, in the opinion of the

Authority, competent to manage the business of a builder in Brunei Darussalam; and

(f)

the applicant satisfies the Authority that the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the corporation shall be under the personal supervision of —

(i)

at least one director of the corporation or a member of its board of management; or

(ii)

at least one of its employees, being a person employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who satisfies the Authority that he has the prescribed qualifications and prescribed practical experience.

(4)

Notwithstanding subsection (1), (2) or (3), the Authority may require an applicant under that subsection to satisfy the Authority that the applicant has sufficient material and financial resources available to enable the applicant to meet his or its financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy the Authority.