Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
47. Eligibility to be licensed as builder
Official textFrom Attorney General's Chambers, unchanged
Subject to subsections (2) and (4), an individual who applies for a builder’s licence is eligible to be granted such a licence if —
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;
he has paid the prescribed fees for such licence;
he satisfies the Authority that he is a person of good character and that he intends to carry on business on his own account;
he —
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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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
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 —
his personal supervision; or
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.
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 —
at least one partner satisfies the Authority that he meets the requirements of subsection (1);
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 —
has the prescribed qualifications and prescribed practical experience; or
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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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 —
at least one partner of the partnership; or
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.
Subject to subsection (4), a corporation which applies for a builder’s licence is eligible to be granted such a licence if —
it has paid the prescribed fees for such licence;
it is neither a company limited by guarantee nor a corporation sole;
the paid-up capital of the corporation is of such amount as the
Authority may specify;
it satisfies the Authority that it is duly authorised to carry on the business of a builder;
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 —
has the prescribed qualifications and prescribed practical experience; or
although not having the prescribed qualifications and prescribed practical experience, satisfies the
Authority that he has nevertheless had such practical
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Authority, competent to manage the business of a builder in Brunei Darussalam; and
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 —
at least one director of the corporation or a member of its board of management; or
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.
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.
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
Terms defined in this Act
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
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;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
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