BD50,000 Fines and Stop-Work Powers in New Building Law Draft
A new draft building law sent to Parliament proposes on-the-spot fines of up to BD50,000 and grants municipalities stop-work powers to act immediately against violations that endanger life, property, or public safety.
The proposed legislation would replace the existing 1977 building regulations and modernise Bahrain’s construction permit system, streamlining application processes and setting clear timelines and procedures.
Private Sector Involvement
With Cabinet approval, the Minister of Municipalities Affairs could authorise private firms to manage services related to permits, approvals, inspections, and certification. Municipalities—including the Capital Municipality—could also assign accredited engineering offices to review project drawings, conduct site inspections, and oversee completion checks. Applicants would bear inspection costs, as detailed in the forthcoming executive regulations.
Permit Requirements
Under the bill, no construction or building activity may begin without a municipal permit. However, minor or temporary works may be exempted if prior notice is provided. The draft law outlines the full application process, required documentation, and the applicant’s right to appeal if a permit is denied. Municipalities would also serve as a one-stop point for obtaining clearances from other authorities within set deadlines.
Immediate Enforcement Powers
Municipalities would gain immediate authority to halt unsafe or illegal projects, demolish unsafe structures, or close buildings posing risks. They could use force when legally permitted. Fines ranging from BD5,000 to BD50,000 could be issued directly for proven violations or unlicensed works without needing court approval.
Engineering Oversight
All projects must operate under a licensed engineering office, except for limited cases defined by regulation. Large projects requiring continuous supervision must appoint a resident engineer.
Construction must adhere to approved designs, safety standards, and accessibility requirements for people with disabilities. Occupying buildings under construction would be prohibited except in approved circumstances.
Monitoring and Compliance
Engineering offices and contractors are obligated to ensure that all works match approved drawings and technical specifications, notify municipalities of any major changes or project stoppages, and maintain detailed project records. Municipalities will have inspection and maintenance powers, including the right to conduct external and internal checks.
If access is denied, a judicial warrant may be sought to inspect the premises. Based on inspection results, municipalities may order maintenance, repairs, or even demolition, covering costs initially and recovering them from the owner, who retains the right to appeal.
Legal Safeguards
Municipalities may launch investigations independently or based on complaints and must notify the Public Prosecution if criminal activity is suspected. They also retain the right to act swiftly in emergencies while ensuring due process through complaint and appeal mechanisms.
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