Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
50. Revocation of licences etc.
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (3), the Authority may by order revoke any builder’s licence if the Authority is satisfied that —
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;
the licensed builder fails to comply with any of the relevant requirements of section 48(1), (3) or 49(4);
the licensed builder has failed to comply with any condition imposed by the Authority under section 49(5);
for a period exceeding 28 days —
the licensed builder ceases to, or ceases to have any employee thereof referred to in section 49(1), personally supervise the execution and performance of any general building works or specialist building works in
Brunei Darussalam undertaken by the licensed builder;
or
where the licensed builder is a partnership or a corporation, it ceases to have any director, manager or employee of the corporation, or any partner or employee of the partnership, as the case may be, referred to in section 49(2) or (3) personally supervise the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the licensed builder;
the licence had been obtained by fraud or misrepresentation;
the licensed builder has ceased to carry on business as a builder in Brunei Darussalam;
the licensed builder has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
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the licensed builder has been convicted of an offence against this Act;
the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensed builder affords grounds for believing that the corporation or partnership, as the case may be, will not carry on the business of a builder in Brunei Darussalam in accordance with any written law and with honesty and integrity;
the public interest or national security of Brunei Darussalam so requires; or
the licensed builder has refused or failed to comply with an order of the Authority made under subsection (2)(b) or (d).
The Authority may, in any case in which the Authority considers that no cause of sufficient gravity for revoking any builder’s licence exists, by order —
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;
suspend the licence for such period as the Authority may impose;
impose on the builder concerned a financial penalty not exceeding $20,000;
censure the builder concerned; or
impose such other direction or restriction as the Authority considers appropriate on the builder’s business as a builder.
The Authority shall not exercise its powers under subsection (1)
or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensed builder against which the
Authority intends to exercise its powers, being a period of not more than 14
days.
Where the Authority has revoked a builder’s licence under this section, the Authority shall serve on the builder concerned a notice of its order made under this section.
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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;
Any order by the Authority revoking or suspending a licence, or imposing a financial penalty, direction or restriction shall not take effect until the expiration of 14 days after the Authority has served the order on the builder concerned.
Where the builder concerned has appealed under section 51 to the
Minister against an order by the Authority under this section, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.
Where an order of revocation becomes effective —
the Authority shall cause notice of the revocation to be published in the Gazette; and
the builder concerned shall, as from the date of the notice, cease to carry on business as a builder, in Brunei Darussalam except as may be approved by the Authority.
Subsection (7)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation, partnership or by the corporation, partnership of any right or claim against any person.
In any proceedings under this section in relation to the conviction of licensed builder for a criminal offence, the Authority shall accept the builder’s conviction as final and conclusive.
Terms defined in s 2
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;
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