Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
48. Conditions of builder’s licence relating to construction personnel
Official textFrom Attorney General's Chambers, unchanged
It shall be a condition of such class of builder’s licence as the
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;
Authority may specify that the builder holding that licence shall —
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;
lodge with the Authority a manpower programme that satisfies the requirements in subsection (2) in respect of each significant general building work project to be undertaken in
Brunei Darussalam by the builder; and
at all times when carrying on the general building works in connection with that significant general building work project, take all practicable steps to ensure that the registered construction personnel employed by or on the licensed builder’s behalf or engaged in connection with that significant general building work project comply
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with the manpower programme lodged under paragraph (a) in respect of that significant general building work project.
A manpower programme in respect of any particular significant general building work project shall be a programme or scheme specifying all or any of the following —
building
“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;
the number (which shall not be less than the number prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed builder or to be engaged in connection with that significant general building work project;
the proportion, which shall not be less than the proportion prescribed, of different classes of registered construction personnel to be employed by or on behalf of the licensed builder or to be engaged in connection with that significant general building work project.
If there is any change in the number or proportion of registered construction personnel —
specified in a manpower programme lodged by a licensed builder under subsection (1)(a) in respect of any particular significant building work project; or
employed by or on behalf of the licensed builder or to be engaged in connection with that particular significant building work project, the licensed builder shall notify the Authority of the change within 7 days after that change.
In this section, unless the context otherwise requires —
“construction foreman” means an individual who carries out, or undertakes to carry out, for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, the supervision and co-ordination of construction tradesmen or other workman in any prescribed class of work connected with any building works, and a construction foreman shall be classified according to the class of work he so supervises for reward;
prescribed
“prescribed” means prescribed in any regulations made under section 52.
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“construction personnel” means an individual who is —
a construction foreman of any class;
a construction supervisor of any class; or
a construction tradesman of any class;
“construction supervisor” means an individual, not being a builder, who oversees the execution or performance of building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, but does not include a construction foreman or other person employed in a like or less responsible capacity;
“construction tradesman” means an individual, not being a builder, who carries out, or undertakes to carry out, for or on behalf of another person, for a fixed sum, percentage, or valuable consideration, wages or other reward, any prescribed class of work connected with any building works, and a construction tradesman shall be classified according to the class of work he so carries out for reward;
“engaged” means engaged under a contract of service or a contract for services;
“registered” means registered with the Authority;
“significant general building work project” means any building works the value of which is $10,000,000 or such other amount as the Minister may, by order published in the Gazette, specify in lieu thereof or more;
“take all practicable steps”, in relation to any result in any circumstances, means taking all steps to achieve the result that it is reasonably practicable to take in the circumstances; and for the avoidance of doubt, a person required by this section to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know.
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;
building works
Defined · s 2“building works” means — (a) the erection, extension or demolition of a building; (b) the alteration, addition or repair of a building; (c) the provision, extension or alteration of any air-conditioning service or ventilating system in or in connection with a building; (d) site formation works (which includes earthworks such as any act of excavation, levelling, cutting and filling with any material, piling, the construction of foundations, or site clearance, on any land, or any other act of dealing with or disturbing any land) which may or may not be connected with or carried out for the purpose of paragraph (a), (b) or (c); and (e) structural works.
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.
value
Defined · s 2“value”, in relation to any building works, means — (a) for any underground building works, the total cost to be expended in carrying out those building works estimated at the time of, and contained in, the application under section 5 for approval of the plans of those building works; or (b) for any other building works, the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in, the application under section 5 for approval of the plans of the building works;
Part