Bahrain - A draft law aimed at replacing the nearly 50-year-old building regulations with a modern regulatory framework for the construction sector has been presented by the government.

Under the proposed law enforcement powers and penalties are significantly expanded in a bid to raise standards, improve sustainability and streamline permit processes.

One of the draft law’s most striking features is the enlarged punitive regime. Municipal authorities would gain immediate administrative enforcement rights – including stopping work, closing a site, ordering demolition or using force, if necessary – in cases where building work threatens life, health, property or public safety.

The proposed fines range between BD5,000 and BD50,000 for unauthorised or unlicensed construction, without the need for court proceedings.

Criminal sanctions are also specified. For individuals, the draft lists imprisonment and/or a fine of at least BD1,000 and up to BD20,000 for key offences such as submitting false information to obtain a licence or building without permission. Legal entities face liability up to double the maximum prescribed for individuals.

The law, however, allows for reconciliation for certain offences, if the minimum fine is paid within 30 days.

The proposed regulation would repeal the 1977 law and replace it with a four-article draft structured into eight chapters and 54 articles. Key elements include:

Empowering private sector participation: The minister responsible may delegate to a private entity the delivery of certain services related to building permits, approvals, inspections – subject to Cabinet approval.

Allowing municipalities/Capital Trustees Authority to outsource technical tasks such as review of drawings/designs and inspection of sites, to certified engineering offices, with the applicant bearing the inspection cost.

Introducing stricter supervision of construction: Every building project must be supervised by an engineering office; large projects must appoint a full-time engineer. Deviations from approved plans require new permits; safety measures, accessibility (for persons with disabilities) and service-connections must be verified before final occupancy certificate can be issued.

Rights of recourse for applicants: Affected parties can appeal decisions at the relevant court in case of refusal of a permit or resulting enforcement action.

Extending municipal powers: The municipality may inspect any building (inside or out), order remediation, closing or demolition; if the owner refuses, a court warrant can be used. Municipalities can investigate complaints, refer suspected criminal acts to the Public Prosecution, and impose administrative measures immediately in cases of imminent danger.

Several matters are left to the implementing executive regulation (by-law), such as deadlines for permit applications and renewals, the definition of minor works exempt from prior licence, exact fee schedules, the scope of “large projects”, etc.

According to Article Two, the objective of the draft is to provide “effective mechanisms to consider applications for building work licences with integrity, transparency, efficiency and fairness in a rapid and organised manner”.

The reform is aimed at updating the legal framework to reflect modern urban and technical developments, boost investment, promote sustainable construction practices and eliminate harmful or unsafe practices in the sector.

The draft law has been unanimously approved – “with observations” – by the Capital Trustees Board yesterday, which was asked by Parliament and the government to review it.

“The law is comprehensive in regulating all stages of construction, from issuing licences to monitoring and follow-up, which enhances the quality and safety of construction,” said board chairman Saleh Tarradah.

“Granting the competent authorities clear powers in monitoring and inspection contributes to reducing building violations.”

Mr Tarradah added that the bill supports transparency and accountability and preserves urban fabric by ensuring full adherence to approved architectural and engineering designs.

Technical committee chairman Mubarak Al Nuaimi said the committee studied the draft and noted that it gives the municipality the ability to act immediately in case of violations that threaten safety, while the delegation of technical tasks to accredited offices will speed up the process.

“If approved by Parliament and the Shura Council, the new legislation will provide a modernised legal basis for building permits, inspections and enforcement – and signal a tougher stance on violations in the construction sector,” said Mr Al Nuaimi.

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