Building Control Act · 2023 Revised Edition · Part · General
75. Transitional provisions
Official textFrom Attorney General's Chambers, unchanged
Any licence, permission, approval or other document relating to building control prepared, made or granted by the Division on Building
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;
Control and Construction Industry of Ministry of Development, Planning
Authority, Municipal Board and valid immediately prior to the commencement of this Act is deemed to have been prepared, made or granted under the corresponding provisions of this Act.
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;
A valid and subsisting occupation permit or a valid and subsisting temporary occupation permit shall have the same force and effect as an occupation permit or temporary occupation permit, respectively, granted under this Act.
The powers conferred on the Authority by this Act may be exercised in respect of —
any building erected without the approval of the relevant authority before the commencement of this Act; and
any temporary building in respect of which no temporary permit, permission or other similar document relating to building control issued by the relevant authority, and such building is deemed unauthorised for the purposes of this Act.
Where any written law or document refers expressly or by implication to a temporary occupation permit or occupation permit, the reference shall (except where the context otherwise requires) be construed as
temporary occupation permit
“temporary occupation permit” means a temporary occupation permit granted under section 16(3);
Building Control a reference to a temporary occupation permit or a occupation permit, respectively.
Notwithstanding the provisions of this Part, any person who, immediately before the commencement of Part 7, is carrying on the business of a builder in Brunei Darussalam shall be entitled to continue doing so for a period of 6 months from that date, and if before the expiry of that period a licence is applied for under Part 7, that person shall be entitled to continue carrying on the business of a builder until —
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;
the date on which a builder’s licence under this Part is issued;
or
the application for a licence under Part 7 is refused or withdrawn.
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;
temporary building
Defined · s 2“temporary building” means — (a) any building or structure constructed of short-lived materials; or (b) any other building or structure permitted to be used by the Authority or such other authority appointed by the Minister for a period not exceeding 3 years or such other period as may be prescribed (if prescribed) in the building regulations, but does not include any bridge, any decking for a bridge, or any retaining structure;
temporary occupation permit
Defined · s 2“temporary occupation permit” means a temporary occupation permit granted under section 16(3);
unauthorised
Defined · s 2“unauthorised”, in relation to a building or building works, means any building erected, or any building works commenced or carried out, in contravention of any provision of this Act or the building regulations;