Valuers and Estate Agents Act

The Board shall consist of the following members —

The period of appointment of members, other than the Chairman, shall not exceed 3 years but they shall be eligible for re-appointment.

[S 78/2016]

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All acts done by the Board shall, notwithstanding any vacancy in the Board or that it is afterwards discovered that there was a defect in the appointment of any person purporting to be a member thereof, be as valid as if no such vacancy or defect had existed.

The Board shall meet at least once in 3 months and at such other times as may be considered necessary by the Chairman.

At any meeting, the Chairman shall preside, and in his absence from any meeting members present shall elect one of their number to preside over the meeting.

The quorum of the Board shall be five.

The Chairman at a meeting shall have an original vote and also a casting vote.

Subject to the provisions of this Act, the Board may determine its own procedure.

if his conduct, whether in connection with his duties as a member of the Board or otherwise, has been such as to bring discredit to the Board;

if he has become incapable of properly carrying out his duties as a member;

if he is convicted of —

an offence involving fraud, dishonesty or moral turpitude;

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if he has been adjudicated bankrupt;

if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs;

if he absents himself from three consecutive meetings of the

Board without obtaining leave in writing from the Chairman;

his registration has been cancelled or has become void; or

his name has been removed from the Register.

to approve or reject applications for registration under this

Act or to approve any such application subject to such conditions as it may consider fit to impose;

to hold disciplinary proceedings in accordance with Part 4;

to hold or cause to be held examinations of persons who desire to qualify themselves for registration as valuers or estate agents;

to recommend to the Minister the scale of fees to be charged by registered valuers and estate agents for professional advice or services rendered;

to hear and determine disputes relating to the professional conduct and ethics of valuers and estate agents or to appoint an arbitrator to hear and determine any such dispute;

to regulate the professional conduct and ethics of valuers and estate agents; and

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generally, to do all such acts, matters and things as it considers necessary to carry out the provisions of this Act.

The Minister, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, may appoint a Registrar of Valuers and Estate Agents for the purposes of this Act.

The Registrar shall —

The Registrar may annually publish and offer for sale copies of the Register.

Part 1, which shall contain the names, addresses, qualifications and such other particulars of registered valuers;

Part 2, which shall contain the names, addresses, qualifications and such other particulars of registered estate agents.

The Registrar shall issue to any registered valuer or registered estate agent whose application for registration has been approved by the

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Board, a certificate of registration in a form approved by the Board upon payment of the prescribed fee.

The certificate of registration shall, subject to the provisions of this Act, expire on 31st December of the year in which it was issued and shall be renewable annually upon payment of the prescribed fee.

Every registered valuer and registered estate agent shall notify the

Registrar of any change in his business address within 14 days of the change and such change shall be entered in the register.

any person who has passed the examinations set by the Board after completing a period of practical training as a valuer of not less than 3 years;

any person who has passed any professional examination in

Brunei Darussalam or overseas recognised by the Board as qualifying for exemption and completed a period of practical training as a valuer of not less than 3 years;

any person who has obtained any qualification in

Brunei Darussalam or overseas recognised by the Board as qualifying for exemption and who has completed a period of practical training as a valuer of not less than 3 years;

any person who has passed the examinations set by the Board and who has been practising as a valuer for at least 3 years prior to the commencement of this Act is entitled for registration provided the

Board is satisfied that his valuation practice had been his principal work.

A registered valuer who has paid the prescribed annual registration fee shall be entitled to undertake the following professional work —

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No person shall carry on business or take up employment as a valuer under any name, style or title which confers the meaning that he is a valuer, and no person shall undertake for a fee any work of a valuer unless he is a registered valuer.

any person who has passed the examinations set by the Board after completing a period of practical training as an estate agent of not less than 3 years;

any person who has obtained any qualification in

Brunei Darussalam or overseas recognised by the Board as qualifying for exemption and who has completed a period of practical training as an estate agent of not less than 3 years;

any person who has passed the examinations set by the Board and who has been practising as an estate agent for at least 3 years prior to the commencement of this Act is entitled for registration, provided the Board is satisfied that his estate agency had been his principal work.

A registered estate agent who has paid the prescribed annual registration fee shall be entitled to undertake estate agency practice, including negotiations for sales, purchases, lettings and leasings by agreement, tender or auction.

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No person shall, unless he is a registered estate agent, carry on business as an estate agent or describe himself in any manner which could be construed to imply that he is a registered estate agent.

Subject to the provisions of this Part, if a registered valuer or a registered estate agent —

The Board shall not make any order under subsection (1)

unless —

who has died;

who has applied in writing for such removal;

who has failed to renew his registration within 3 months of its expiry;

whose registration has been cancelled under section 18;

who has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs.

procures or attempts to procure registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise;

wilfully makes or causes to be made any falsification in the register;

forges, alters or counterfeits any certificate under this Act;

utters or uses any forged, altered or counterfeit certificate under this Act, knowingly the same to be forged, altered or counterfeited;

buys or fraudulently obtains any certificate under this Act issued to another person;

sells any certificate issued under this Act; or

not being a person acting under the immediate personal direction and supervision of a registered valuer or a registered estate agent carries out or undertakes to carry out any work provided under sections 14 and 16, is guilty of an offence and liable on conviction to a fine not exceeding

$5,000, and to a further fine of $500 for each day during the continuance of such offence.

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of that body corporate.