Application for caveat on land title now opens

The Ministry of Development (MoD) yesterday announced that His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam has consented to the part-enforcement of the Land Code (Amendment) Order, 2016, in particular Sections 5 (with exception), 6 and 7, which will take effect from today.

Section 5 of the amendment deals with, among others, the implementation of the caveat provisions, which are intended to help protect the interests of relevant parties on the respective land by entering or registering those interests in the Land Register.

“The effect of the registration of a caveat on a land title will prevent any dealings with the land. In other words, the landowner may not transfer, sell, mortgage or lease the land or have any other dealings that will affect the interests of the parties who have registered the caveat, until the caveat is removed or has automatically expired,” said the MoD in its statement.

Caveat applications can be made to the Land Officer at the respective District Land Office, using the forms set out under Section 6. Caveat Fees will be imposed, as set out under Section 7 of the Amendment.

The caveat is valid for a period of three years, unless earlier removed from the Land Register by the Land Officer. The caveat period can be renewed for one further period of three years only, after making the payment of the renewal fee as set out.

Further information regarding caveats can be obtained at www.land.gov.bn.

Apart from the caveat provisions, the implementation of provisions relating to the purchase or acquisition of land by the governments of foreign countries for diplomatic, consular or official purposes, or for the official residence of their respective agents, will also be enforced.

In terms of enforcement, this Amendment empowers the Land Officer to call any person to give evidence or submit documents or items in their possession for the purposes of inquiry or investigation.

Failure to comply with the Land Officer’s instructions is an offence punishable by a fine not exceeding BND5,000 and a prison term not exceeding one year, or both.

“The Ministry of Development is confident that the part enforcement of the Land Code (Amendment) Order, 2016 will further improve the land administration system and development in Brunei Darussalam,” said the MoD.

For any further inquiries contact the Registration Section of the Land Department at 2381181.