Answer to Oral Question PL222

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📖 Reading time: 4 minutes
📊 Word count: 670 words

YANG BERHORMAT PEHIN ORANG KAYA JOHAN PAHLAWAN DATO SERI SETIA AWANG HAJI ADANAN BIN BEGAWAN PEHIN SIRAJA KHATIB DATO SERI SETIA HAJI MD. YUSOF

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 asked the Menteri Pembangunan to state whether ABCi, as the regulatory authority for progress, functions and enforces to ensure contractors comply with the regulations stipulated under the Building Control Order (2014), specifically section 15? This matter is due to public complaints to ABCi about contractors' failure to comply with the approved plans; resulting in dissatisfaction with the work outcomes and risks to the building.

YANG BERHORMAT MENTERI PEMBANGUNAN

ANSWER:

Thank you, Yang Berhormat Yang Di-Pertua. Thank you also to Yang Berhormat Pehin Orang Kaya Johan Pahlawan Dato Seri Setia Awang Haji Adanan bin Begawan Siraja Khatib Dato Seri Setia Haji Md. Yusof regarding the question of the role of ABCi as the authority ensuring contractors comply with the regulations under the Building Control Order, specifically 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 a Qualified Person and approved by ABCi.

As a continuous effort to enhance enforcement, starting in September 2025, ABCi will introduce and announce a Conditional 24-Month Warning Notice as an official notice addressed to builders, Qualified Persons, or interested parties who have violated certain regulations and have not complied with given feedback. The dissemination of this additional regulation began on July 29 and July 30 to builders registered with ABCi, and so far, the dissemination sessions held have been attended by approximately 400 companies.

With this warning notice, it means that if there is any violation of the Building Control Act (Chapter 256) such as not complying with the approved plans, or violating the permitted terms of the permit, the building/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 construction companies or stakeholders; or
3. If repair or compliance work does not meet the timeframe set by the Authority.

After the notice is issued and the violation of regulations continues, enforcement action will be taken by ABCi such as fines, suspension, or legal prosecution aimed at ensuring the discipline and commitment of builders in proactively addressing issues in accordance with the applicable laws and regulations.

Starting at the end of 2025, any company that has been issued a Conditional 24-Month Warning Notice will begin to have paper transparency, and any company will be published on the ABCi website www.abci.gov.bn.

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

With the enforcement of the QP appointment, the role of supervision work becomes mandatory to address risks faced by owners, such as if the owner encounters inappropriate design, uncontrolled construction costs and time, and unsatisfactory construction quality results.

Therefore, it is important for any individual intending to undertake development to appoint and have discussions with parties with expertise in the relevant field to ensure that these risks are considered and addressed by avoiding entities and partner companies that are less meticulous in their areas of expertise.

Kementerian Pembangunan through ABCi will continue to monitor and enhance compliance with set construction standards, while encouraging the active role of QP in ensuring the safety, quality, and integrity of each development project in compliance with applicable laws and regulations.

Yang Berhormat Yang Di-Pertua. That is the only response Kaola can provide 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 very much.