Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
43. Prohibition against unlicensed builders
Official textFrom Attorney General's Chambers, unchanged
Subject to this Act, no person shall —
advertise or hold himself out or conduct himself in any way or by any means as a person who is authorised to carry on the business of a builder in Brunei Darussalam; or
assume, take or use (either alone or in combination with any other word, letter or device) the name, title or description of “licensed builder”, or any name, title or description calculated to lead others to believe he is so licensed, or by words or conduct hold himself out as being so licensed, unless he is in possession of a builder’s licence.
Building Control 78
Subject to this Act, no person shall —
carry on the business of a builder in Brunei Darussalam unless he is in possession of a builder’s licence;
carry on a business carrying out, or undertaking to carry out, whether exclusively or in conjunction with any other business, general building works and minor specialist building works or minor specialist building works only, unless he is in possession of a builder’s licence;
Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction to —
a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both;
a further fine not exceeding $500 for each day or part thereof the person fails, without reasonable excuse, to comply with the requirements of that subsection; and
in the case of a continuing offence after conviction, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
Subject to this Act, a person who carries out any general building works or specialist building works in contravention of subsection (2) shall not be entitled to recover in any court any charge, fee or remuneration for the general building works or specialist building works so carried out.
general building works
“general building works” means any building works other than specialist building works;
Nothing in this section shall apply to prevent a corporation that ceases to have in force a builder’s licence from carrying on any activity necessary to the winding up of the corporation.
builder
“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account, or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A;
Terms defined in this Act
builder
Defined · s 2“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account, or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
general building works
Defined · s 2“general building works” means any building works other than specialist building works;
minor specialist building works
Defined · s 42“minor specialist building works” means — (a) specialist building works associated with minor building works; (b) structural steelwork comprising fabrication and erection work for structures with a cantilever length of not more than 3 metres, a clear span of less than 6 metres and a plan area not exceeding 150 square metres; (c) pre-cast concrete work comprising casting of pre-cast reinforced concrete slabs or planks on site; (d) such other specialist building works as the Minister may, by notification published in the Gazette, declare to be minor specialist building works;
specialist building works
Defined · s 2“specialist building works” means — (a) piling works comprising installation and testing of pre-cast reinforced concrete or pre-stressed concrete piles, steel piles, bored cast-in-place reinforced concrete piles, caissons and special pile types like micro-piles, barrettes piles and composite piles, embedded retaining wall piles like diaphragm walls, contiguousbored piles or secant piles; (b) ground support and stabilisation works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet-grouting, reinforced-earth, shotcreting and tunnel supports; (c) site investigation work comprising field investigations, exploratory drilling or coring, logging, sampling, coring, in-site plate-loading tests, pressure meter tests, penetration tests, vane shear tests, probing tests, permeability tests, geological mapping and geophysical surveys, and installation and monitoring of instruments measuring forces, deformation, displacements, pore and earth pressures, and ground-water levels; (d) structural steelwork comprising — (i) fabrication of structural elements; (ii) erection work like site cutting, site welding and site bolting; and (iii) installation of steel supports for underground building works; (e) pre-cast concrete work comprising fabrication of pre-cast structural elements; (f) in-site post-tensioning work comprising setting out of tendon profiles, laying of conduits, anchorages and bursting reinforcement, pulling or stressing of cables, pressure grouting of conduits; and (g) such other building works as the Minister may, by order published in the Gazette, declare to be specialist building works;
Part