Construction Industry Licensing (Amendment) Regulations, 2024

L.N. 36 of 2024

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Construction Industry Licensing (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 17 of the

Building and Construction Authority Act, the Minister responsible for

the construction industry, after consultation with the Building and

Construction Authority Board, has made the following regulations:-

The title of these regulations is the Construction Industry

Licensing (Amendment) Regulations, 2024 and these regulations shall

be read and construed as one with the Construction Industry Licensing

Regulations, hereinafter referred to as the "principal regulations".

Regulation 5 of the principal regulations shall be amended

as follows

(a) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) The licence holder shall ensure that any works

done in the execution of any service activity listed in

Schedule I shall be covered by a valid insurance policy

which provides cover against any loss, damage, injury or

death that may be suffered by any third party consequent

to any act or omission of the licensed contractor, his

employees and other persons who operate under the

direction of the contractor for the execution of the

works."; and

(b) immediately after sub-regulation (3) thereof there shall

be added the following sub-regulation

"(4) The licence holder shall ensure that he is

covered by a valid insurance policy to make good for

damages at the place of work, including bodily harm

that may be sustained by any employee

(a) if the licence holder is not covered by an

insurance policy covering against damages at the

place of work, including bodily harm that may be

sustained by any employee as required by this sub-

regulation, the said licence holder shall be

personally responsible to make good for any

damage which would have been covered by the

insurance policy required by this sub-regulation had

the said policy been in force as required; and

(b) where the licence holder who is not

covered by an insurance policy against damages at

the place of work, including bodily harm that may

be sustained by an employee as required by this

sub-regulation, is a body or other association of

persons, every person who is a director, manager or

other principal officer of the said body or

association shall be personally responsible in

solidum with the said body or association to make

good for any damage which would have been

covered by the insurance policy required by this

sub-regulation had the said policy been in force as

required.".

Paragraph (a) of sub-regulation (2) of regulation 15 of the Amends

principal regulations shall be substituted by the following new regulation

"(a) the applicant’s VAT registration number;".

Schedule II to the principal regulations shall be amended as Amends

(a) in paragraph (a) of item 3 of Part A thereof, the words

"the applicant shall be in possession" shall be substituted by the

words "the licensed administrator shall be in possession";

(b) in paragraph (a) of item 3 of Part B thereof, the words

"the applicant shall be in possession" shall be substituted by the

words "the licensed administrator shall be in possession"; and

(c)

Part C thereof shall be amended as follows

(i) the heading thereof shall be substituted by the

words "Criteria for the Licensing of Construction

Contractors"; and

(ii) item 3 thereof shall be substituted by the

following new item

"3. In the event that an applicant is an entity, it

shall be eligible to apply as a construction contractor

subject to the following requirements being satisfied

(a) the licensed administrator shall be in

possession or brings proof of

(i) a mason’s licence with at least

three (3) years experience in construction

work; or

(ii) a minimum of three (3) years

experience in construction management

supported by references of at least two (2)

building projects;

(b) the applicant employs at least one (1)

full-time employee who is a licensed mason or is in

possession of an equivalent National Occupational

Standards certification in masonry works, unless

the applicant is so certified;

(c) the applicant provides a list of all

certified equipment to be utilised;

(d) the applicant has the capacity to ensure

that all construction works on a site are duly

supervised by a licensed mason or by a person who

is in possession of an equivalent National

Occupational Standards certification in masonry

works, or any other qualifications or experience

which the Committee considers to be equivalent or

a suitable alternative to this qualification.".

€0.27