Section 12
Illegal quantity surveying practice
of Architects, Professional Engineers and Quantity Surveyors Act
(1)
Subject to the provisions of this Act, no person shall prepare for construction projects in Brunei Darussalam, any cost feasibility study reports, preliminary estimates, cost plans, documents and reports for pre-qualification of contractors, bills of quantities and other tender documents, tender estimates and reports, contract documents and valuations of works for interim payments, variation and final accounts, unless he is —
(a)
a registered quantity surveyor who has in force a practising certificate;
(b)
under the direction or supervision of a registered quantity surveyor who has in force a practising certificate; or
(c)
authorised by the Board to work in collaboration
(but without a right to any independent practice) with a registered quantity surveyor who has in force a practising certificate authorising the registered quantity surveyor to engage in that quantity surveying service.
(2)
The Board may grant its authorisation to any person under subsection (1)(c) subject to such conditions as it thinks fit to impose.
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(3)
Subject to the provisions of this Act, no person shall sign and submit to a building authority or to a public authority —
(a)
any estimate, cost plan, bills of quantities or other document relating to any quantity surveying work in
Brunei Darussalam; or
(b)
any report, valuation of work, certificate or other document relating to any quantity surveying work in Brunei Darussalam which is required by any written law to be signed by a quantity surveyor, unless he is a registered quantity surveyor who has in force a practising certificate.
(4)
Subject to the provisions of this Act, no person shall use verbally or otherwise —
(a)
the words “quantity surveyor”, “building economist”,
“building cost consultant” or any additions to or derivative of those words in connection with his designation;
(b)
the abbreviation “QS.” or “Sr.” as a title before his name; or
(c)
any word, name or designation that might lead to the belief that he is a quantity surveyor, unless he is a registered quantity surveyor.
(5)
Where the
Board has authorised any person under subsection (1)(c) to work in collaboration with a registered quantity surveyor, the Board may allow that person to use such addition to or derivative of the words “quantity surveyor” as may be approved by the
Board.
(6)
Subject to the provisions of this Act, no person shall advertise or hold himself out or conduct himself in any way or by any means as a person who is authorised to supply quantity surveying services in
Brunei Darussalam, unless he is —
(a)
a registered quantity surveyor who has in force a practising certificate;
(b)
a licensed body corporate;
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B.L.R.O. 6/2023 25
(c)
a licensed partnership;
(d)
a licensed limited liability partnership; or
(e)
a partnership consisting wholly of registered quantity surveyors.
(7)
Nothing in subsection (6) shall apply to prevent a body corporate that ceases to have in force a licence from carrying on any activity necessary to the winding up of that body corporate.
(8)
Subject to the provisions of this Act, no person shall supply or offer to supply quantity surveying services in Brunei Darussalam unless he is —
(a)
a registered quantity surveyor who has in force a practising certificate and is doing so on his own account or as a partner in a licensed partnership or a partnership consisting wholly of registered quantity surveyors who each has in force a practising certificate;
(b)
an allied professional and is doing so only by reason of being a partner in a licensed partnership; or
(c)
a licensed body corporate or limited liability partnership.
(9)
Any person who contravenes subsection (1), (3), (4), (6) or (8) is guilty of an offence and liable on conviction —
(a)
in respect of a first offence, to a fine not exceeding $10,000;
and
(b)
in respect of a second or subsequent offence, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
(10)
Nothing in this section shall be construed to permit or authorise any licensed corporation or partnership to supply any quantity surveying services which it is not licensed to supply.
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Remuneration for architectural, professional engineering or quantity surveying services rendered 13.
Subject to the provisions of this Act, no person shall be entitled to recover in any court any charge, fee or remuneration for any architectural, professional engineering or quantity surveying services rendered in
Brunei Darussalam unless he is authorised by this Act to supply any of those services.
Employment of unregistered architect, unregistered professional engineer or unregistered quantity surveyor prohibited 14.
(1)
Subject to the provisions of this Act, no person shall employ —
(a)
as an architect, any person who is neither a registered architect nor has in force a practising certificate;
(b)
as a professional engineer, any person who is neither a registered professional engineer nor has in force a practising certificate; or
(c)
as a quantity surveyor, any person who is neither a registered quantity surveyor nor has in force a practising certificate.
(2)
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction —
(a)
in respect of a first offence, to a fine not exceeding $2,000;
and
(b)
in respect of a second or subsequent offence, to a fine not exceeding $5,000.
Minor building works 15.
Nothing in this Act shall be construed to prohibit or prevent any person not registered under this Act from carrying out work in respect of the construction of or repairs to any building or part thereof in any case in which plans are not required by any written law to be submitted to a building authority or to a public authority.
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Relationship between architects and professional engineers 16.
(1)
Nothing in this Part shall apply to prevent —
(a)
an architect who has in force a practising certificate under this Act or any person under his direction or supervision; or
(b)
a body corporate, partnership or limited liability partnership which is licensed under this Act to supply architectural services in
Brunei Darussalam, from carrying on any activity within the practice of architecture which he or it is authorised to carry on under this Act where to do so does not constitute a substantial part of services within the practice of professional engineering.
(2)
Nothing in this Part shall apply to prevent —
(a)
a professional engineer who has in force a practising certificate under this Act or any person under his direction or supervision; or
(b)
a body corporate, partnership or limited liability partnership which is licensed under this Act to engage in professional engineering work in Brunei Darussalam, from carrying on any activity within the practice of professional engineering which he or it is authorised to carry on under this Act where to do so does not constitute a substantial part of services within the practice of architecture.