Potholes and cracks: Who is responsible for fixing them?
With regard to the letter in the Opinion Page by Small Car Driver, the ABCi wishes to thank the writer for raising a very valid concern shared by all road users using the access roads in commercial development or shopping areas.
ABCi continues to work closely with other relevant agencies in rectifying the situation accordingly. For the Batu Bersurat area, ABCi identified some of the damaged access roads are under private lots, which according to Section 57 of the Building Control Order, 2014 stipulates that it is the responsibility of the owner or the occupier of any building (including its surrounding areas) to maintain the cleanliness of and repair any damages to its buildings which include its access roads. Normally ABCi will first issue reminders to the building owners or occupiers to repair the damaged access roads.
If these reminders are ignored, under the law, ABCi may issue a notice requiring the owner or occupier to repair the damaged access road according to guidelines and specifications set by the Department of Roads under the Public Works Department (JKR).
Failure to comply with this notice within the specified grace period given is an offence punishable with a fine not exceeding BND20,000 and an additional BND500 for every day the offence continues. This offence can also be compounded up to a maximum fine of BND5,000 under the Building Control (Composition of Offences) Regulation 2020.
Alternatively, where the notices are ignored by the building owner or occupier, ABCi may carry out the road repairs and charge the costs including administrative costs to them and can take legal action to recover such costs where necessary.
For the writer’s information, as of March 14, three Reminder Notices have been issued to the owners of the buildings in the affected Batu Bersurat area.
Disaster waiting to happen
In response to the letter by Worried Bystander, the ABCi would like to thank the writer for highlighting the danger posed by a dangling metal sheet atop a building in Jalan Kianggeh in the capital.
ABCi had reached out to the building owner who had since carried out the repair works and the removal of the metal sheet the same day.
Pursuant to Section 57 of the Building Control Order, 2014, it is the responsibility of the owner or the occupier of any building (including its surrounding areas) to maintain cleanliness of and keep the building and any parts thereof in good repair as well as to keep the building free from any condition which may endanger the lives or health of any persons using the building.
ABCi would like to remind building owners or occupiers and the public that matters involving cleanliness and the safety of buildings and parts thereof are the sole responsibility of the building owners or occupiers. For further clarification, contact ABCi via e-mail at enforcement.abci@mod.gov.bn or WhatsApp at 8140365.
Are commercial buildings regulated?
In reference to the letter by BSB Shopper, some of the issues raised fall within the governance of various agencies and their respective laws.
For its part, the Authority on Building Control and Construction Industry (ABCi) reiterates that under Section 57 of the Building Control Order, 2014, it is the responsibility of the owner or the occupier of any building or any part thereof to which the public has access (including its surrounding areas and access roads) to maintain cleanliness and maintain the building in good repair and free from any condition which may endanger the lives or health of any persons using the building including the public.
ABCi as well as other relevant agencies continue to maintain its efforts to be on the lookout for non-compliance of the law to ensure public safety.
