Answer for Oral Question PL222

QUESTION

Yang Berhormat Pehin Orang Kaya Johan Pahlawan Dato Seri Setia Awang Haji Adanan bin Begawan Pehin Siraja Khatib Dato Seri Setia Haji Md. Yusof

YANG BERHORMAT PEHIN ORANG KAYA JOHAN PAHLAWAN DATO SERI SETIA AWANG HAJI ADANAN BIN BEGAWAN PEHIN SIRAJA KHATIB DATO SERI SETIA HAJI MD. YUSOF asks MENTERI PEMBANGUNAN to state whether ABCi, as the regulatory authority for development control, functions and enforces in ensuring that the relevant contractors comply with the rules stipulated under the Building Control Order (2014), particularly section 15? This matter is in view of public complaints to ABCi regarding contractors’ failure to comply with approved plans; causing dissatisfaction with the quality of work as well as risks to buildings.

ANSWER

Yang Berhormat Menteri Pembangunan

Thank you Yang Berhormat Yang Di-Pertua. Thanks are also extended to Yang Berhormat Pehin Orang Kaya Johan Pahlawan Dato Seri Setia Awang Haji Adanan bin Begawan Pehin Siraja Khatib Dato Seri Setia Haji Md. Yusof regarding the question on the role of ABCi as the authority that ensures contractors comply with the rules under the Building Control Order, particularly section 15, Duties of Builder.

Under the laws and regulations of the Building Control Act, Chapter 256, the Builder is responsible for carrying out building works according to the plans submitted by the Qualified Person and approved by ABCi.

As a continuous effort to strengthen enforcement, beginning in September 2025, ABCi will introduce and issue a Conditional 24-Month Warning Notice as an official notice directed to Builders, Qualified Persons or interested parties who have breached certain regulations, and have failed to comply with the warnings given. Outreach on this additional regulation began on 29 July and 30 July to builders registered with ABCi, and so far the outreach sessions held have been attended by approximately 400 companies.

With this warning notice, this means that if there is any breach of the Building Control Act (Chapter 256), such as failure to comply with approved plans, or breach of the terms of the permit granted, the builder / contractor company will be monitored through the Conditional 24-Month Warning Notice.

For example, a Conditional 24-Month Warning Notice will be issued to construction companies for matters such as the following:-

1. Safety, health and environmental issues;
2. No response or action taken to warning letters issued to the construction company or interested parties; or
3. If rectification or compliance works are not completed within the time set by the Authority.

After the notice has been issued and regulatory breaches still occur, enforcement action will be imposed by ABCi such as compound fines, suspension, or legal prosecution aimed at ensuring the discipline and commitment of Builders to address issues proactively and in accordance with the prevailing laws and regulations.

Beginning at the end of 2025, any company that has been issued a Conditional 24-Month Warning Notice will be subject to paper transparency, whereby such companies will be published on the ABCi website www.abci.gov.bn.

In addition to the Warning Notice above, ABCi will enforce Section 12 (1) (c), Duties of developers whereby developers are required to appoint a Qualified Person to carry out monitoring or supervision of construction/building works. Outreach on this regulation will begin in October 2025.

With the enforcement of the appointment of a QP, the role of supervision works is mandatory to be complied with in addressing risks faced by owners, for example if owners are confronted with unsuitable designs, uncontrolled construction costs and time, and unsatisfactory construction quality outcomes.

Therefore, it is important for any individual wishing to undertake development to appoint and hold discussions with parties who have expertise in the relevant field to ensure that such risks can be considered and addressed by avoiding entities and partner companies that are less diligent in their expertise.

The Ministry of Development through ABCi will continue to monitor and enhance compliance with prescribed construction standards, while encouraging the active role of QPs in ensuring the safety, quality and integrity of every development project in line with the regulations and laws in force.

Yang Berhormat Yang Di-Pertua. That is all the answer that Kaola is able to convey in answering the question from Yang Berhormat Pehin Orang Kaya Johan Pahlawan Dato Seri Setia Awang Haji Adanan bin Begawan Siraja Khatib Dato Seri Setia Haji Md Yusof. Thank you.