The Law

Law No. 51 of 2014
with respect to Regulating the Practice of Engineering Professions

(Incorporated with the Updates as per Legislative Decree No. (18) of 2021)


Download the Law in PDF format

  • We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain, 
    Having reviewed the Constitution; 
    Civil and Commercial Procedures Law, promulgated by Legislative Decree No. (12) of 1971, as amended;  
    Law No. (13) of 1975 Regulating Pension and Bonus for Government Employees, as amended; 
    Penal Code promulgated by Legislative Decree No. (15) of 1976, as amended; 
    Legislative Decree No. (17) of 1982 Regulating the Practice of Engineering Professions, as amended;
    Legislative Decree No. (3) of 1983 with respect to the Treatment of the GCC Nationals in Respect of Economic Activities in Bahrain, as amended;
    Legislative Decree No. (19) of 1995 relating to the Evaluation of Academic Qualifications;
    Civil Code, promulgated by Legislative Decree No. (19) of 2001; 
    Commercial Companies Law, promulgated by Legislative Decree No. (21) of 2001;
    Legislative Decree No. (39) of 2002 with respect to the National Budget, as amended;
    Criminal Procedures law, promulgated by Legislative Decree No. (46) of 2002, as amended;
    And the Civil Service Law, promulgated by Legislative Decree No. (48) of 2010; 
    The Shura Council and Council of Representatives approved the following Law which we have ratified and promulgated:

Article 1

In applying the provisions of this Law, the following terms and expressions shall have the meanings ascribed to them unless the context requires otherwise.

“Ministry”: The Ministry concerned with Public Works.

“Minister”:  The Minister responsible for Public works.

“Council”: The Council for Regulating the Practice of Engineering Professions established under Article (5) of this Law.

“Chairman”: The Chairman of the Council for Regulating the Practice of Engineering Professions.

“Engineering Professions”: Any Engineering activity practiced in any engineering field or branch.

“Practice of an Engineering Profession: Practicing any engineering profession, including the preparation of architectural and constructional drawings, plans and designs; counselling, conducting studies, research, inspections, testing; setting specifications; supervision of execution, maintenance and operation; estimating costs, computing quantities; and implementing and managing engineering projects.

“Field”: Any field of engineering such as civil, architectural, electrical, mechanical, geological and chemical engineering; mines, mining and petroleum or various other fields of engineering, as specified in the Implementing Regulation.

“Branch”: A branch of engineering specialization branching out from the field as specified in the Implementing Regulation.

“Category”: Any category of licenses specified in the Implementing Regulation.

“Engineer”: Any natural person holding a license issued in accordance with the provisions of this Law to practice an engineering profession.

“Engineering Office”: Any firm holding a license issued in accordance with the provisions of this Law to practice one or more of the engineering professions.

“Licensee”: A licensed engineer or an engineering office.

“Public Entities”: Ministries, authorities, public organizations, municipalities and any other government agencies.

“Board of Directors”: The Council’s Board of Directors.

“Investigation Committee”: The Investigation Committee formed in accordance with the provisions of Article (27) hereof.

Article 2

It is prohibited to practise any engineering profession without a license obtained from the council in accordance to the provisions of this Law, its Implementing Regulation and Decisions issued in accordance to its provisions. A licensed engineer may not practice any engineering profession in any field or branch or category other than the field, branch, or category in which he/she is licensed to practice.

Article 3

No person shall work in projects or engineering matters unless he/she has obtained the designs and drawings signed and approved by a Governmental body or a licensed engineering office to practice engineering profession.

Article 4

Practicing studies' works, providing consultation, conducting engineering designs, drawings and supervising the implementation of engineering projects and works shall be entrusted to the engineering directorates in the Governmental institutions, public entities or engineering offices licensed according to the provisions of this Law.

Article 5

A Council referred to as “The Council for Regulating the Practice of Engineering Professions”, reporting to the Minister shall be established, which shall be constituted of a Chairman, a Vice Chairman replacing ‎the latter during his absence, and seven experienced members, two of which shall be nominated by the Bahrain Society of Engineers. The Prime Minister shall issue, upon proposal from the Minister, a decision establishing the Council, fixing the benefits to be granted to the Chairman, Vice Chairman and members. The Council’s term of office shall be three years, subject to renewal for a similar term.

In case a member position becomes vacant prior to the end of the term, the member replacing him shall be appointed in accordance with the first Paragraph of this Article, provided that the new member shall complete the term of his predecessor.

Article 6

The Council shall be competent to issue licenses required for practicing engineering professions and the performance of all tasks as per the provisions of this Law and its Implementing Regulation. The Council shall prepare its Internal Regulation which shall be issued by a decision of the Minister.

Article 7

    Any person who is licensed to practice an engineering profession, shall fulfill the following requirements:

    1. Shall be a Bahraini national. 

    2. Shall enjoy full legal competence.

    3. Shall be a holder of a Bachelor’s Degree in Engineering or equivalent from a university or higher institution recognized by the concerned authorities. Bahrainis working in any engineering profession who were previously licensed to practice the profession prior to the enforcement of the provisions of this Law, shall be exempted from this requirement provided that they fulfill the terms and conditions set forth by the Council for Regulating the Practice of Engineering Professions.

    4. Shall fulfill the requirements of the engineering field or branch (if any) and the category of which the license is required. 

    5. Shall be of good conduct and good reputation. 

    6. Shall not have previously been convicted of any crime or offence affecting his/her honour or integrity unless he/she has been reinstated. However, if the sentence was suspended, the license may be issued upon the Minister’s approval.

    7. Shall be a full-time practitioner of engineering profession. However, the Council may allow him/her to carry on business subject to the terms, conditions and controls stipulated in the Implementing Regulation.

Article 8

Non-Bahraini engineer may be licensed to practice an engineering profession in the Kingdom of Bahrain after fulfilling the following conditions:

1. Shall satisfy all the terms and conditions stipulated in Article (7) of this Law, except for the nationality condition.

2. Shall have practiced professional engineering for at least five consecutive years after obtaining the engineering academic qualifications.

3. Shall be under a contract to practice the profession with a national or foreign enterprise or a company practicing an engineering activity in the Kingdom.

An exemption from the condition of holding an engineer license shall be granted to the person who is working with a foreign engineering firm practicing outside the Kingdom and coming to the Kingdom for a temporary period not exceeding 6 months to execute engineering works linked to specific governmental or industrial projects in the Kingdom in accordance with the conditions to be determined by a decision issued by the Minister.

Article 9

Engineers working in government ministries, authorities and public entities shall be licensed to practice one of the engineering professions, after ensuring that they satisfy the engineering qualification prescribed in clause 3 of Article 7 of this Law. The license request shall be submitted by the employing entity; such license is free of charge and shall remain valid for the period of employment without the need to be renewed.

The disciplinary action against the aforesaid employees shall be in accordance with the laws and regulations applicable to their jobs as determined by their employer.

Article 10

To obtain a license for establishing an engineering office in a form of a sole proprietorship, the following conditions must be met:

1. Shall fulfill all the conditions mentioned in Article (7) hereof.

2. Shall have practiced professional engineering for a consecutive or non-consecutive period immediately after obtaining the engineering qualification as determined by the Implementing Regulation. 

3. Shall satisfy the conditions with respect to the field, branch and category required for licensing.

4. Any other conditions that are determined by the Implementing Regulation.

An insurance policy shall be obtained to cover the liability of the office according to the Law in respect of the profession’s faults subject to the conditions and controls conditions specified in the Implementing Regulation.

The Council may permit the licensee to establish an engineering office in the form of a sole proprietorship – upon his/her request- and to delegate one of its licensed engineers to administer the licensee’s office, on part-time or full-time basis, for a temporary period as determined by the Implementing Regulation, provided that the owner of the office shall bear any responsibility arising from the works assigned to the licensed engineer.

Article (10) bis

The following are the conditions for issuing a license for establishing an engineering office in a form of commercial company:

1. The office shall appoint a responsible manager to be approved by the Council, who shall be responsible for all technical and administrative works in the office and who shall work on full time basis and holding a license to practice one of the engineering professions. The Implementing Regulation prescribes the conditions, qualifications and expertise that the office manager must have and the procedures for his appointment, and for appointing a deputy upon his absence, or upon his failure to carry out his duties, or loss of any conditions that he has to meet, and the cases, conditions and controls under which another person needs to be delegated to carry out some of his duties and powers. 
The owner of the office or any of the partners therein may become the office manager once he/she fulfills the necessary conditions, qualifications and expertise.
2. To obtain an insurance policy to cover the liability of the office according to the Law in respect to profession’s faults subject to the conditions and controls specified in the Implementing Regulation. 
3. Any other conditions specified in the Implementing Regulation. Such conditions may include the rules and controls of fields, branches and categories that may be permitted to the office to practice, its minimum capital, nature of works that may be executed and the guarantees that maybe granted by the office or by the partners therein.

Article11

Notwithstanding the provisions of the Commercial Companies Law, an exemption may be granted to foreign entities to establish engineering offices for the practice of engineering professions in the Kingdom of Bahrain, provided that such foreign entity shall fulfill the following conditions:

1. The entity shall be existing and holding a license to practice one of the engineering professions from outside the Kingdom for a period of not less than 15 years.
2. Shall have high technical expertise, capabilities and competency that are unavailable in the Kingdom to meet the local needs subject to the decision by the Council in this respect.
3. Shall take a form of one of the commercial companies, unless it is a branch or agent of a foreign company in which case it shall be exempted from the requirement of having a local sponsor in Bahrain.
4. The office shall have a responsible full-time manager holding a license to practice engineering profession in accordance with this Law and its Implementing Regulation.
5. Shall obtain an insurance policy to cover the legal liabilities with respect to the professional risks according to the conditions and requirements set forth in the Implementing Regulation.
6. Any other conditions set forth in the Implementing Regulation.

Article 12

An application to obtain a license to practice one of the engineering professions, shall be submitted to the Council in the application form set out for this purpose, in accordance with the conditions, requirements and procedures specified in the Implementing Regulation.

Article 13

The Council shall issue its decision regarding the license within sixty days from the date of submission of a request that fulfills the required conditions. The lapse of this period without receiving a response shall be deemed to be an implicit rejection of the license, and in case an explicit rejection is received, the decision must be substantiated, and the applicant shall not submit a new application for license unless the reasons for rejection are fulfilled.

Article 14

The licenses and its particulars shall be registered in a special Register according to the directions set forth in the Implementing Regulation.  

The concerned persons may request access to the said Register and may obtain official excerpts upon paying the prescribed fees.

The Council shall grant the licensee a certificate that contains his/her name, nationality, field and branch, if any, as well as the category, license number, date of issue and date of expiry of the license as set forth in the Implementing Regulation.

Article 15

Except for the licenses issued in accordance with the provisions of Article (9) of this Law, the license period shall be one year.  This period may be renewed upon submitting an application within a period not exceeding thirty days from the date of its expiry.

In case there is a delay in the submission of a renewal application without an excuse to be considered by the Council,  an additional fee of BD10 shall be imposed for each day of delay with a maximum of 30 days, and  after the lapse of  such period the license shall be cancelled from the Register and the licensee shall be notified pursuant to the procedures set forth in the Implementing Regulation. In such case, the re-registration may not be possible except with a new application.

The provisions of this Law shall apply on any re-registration application, and the decision therein as they apply on a new application.

Article 16

Fees shall be imposed upon license applications, renewals, amendments to their particulars, and having access to the register indicated in Article (14) of this Law, as well as obtaining official excerpts or copies of particulars therefrom.

The categories of the fees stated in this Law, its rules and percentages of increase & reduction, or exemptions shall be determined by a decision issued by the Council of Ministers upon a proposal from the Minister.

Article 17

(a) An engineer license shall expire in any of the following events: 
1. Death.
2. Forfeiture of any of the license requirements indicated in Articles (7) or (9) of this Law, as the case may be. 
3. Termination of the contractual relationship between the engineer and the entity who has obtained the license for the engineer to work with them. 
4. Expiry of the license of the engineering office in accordance with Paragraph (b) of this Article through which the engineer’s license was obtained for his employment in that office.
5. Cessation of practice of the profession. 
6. Non-renewal of the license pursuant to Article (15) of this Law. 
7. Cancellation of the license and final deprivation from the practice of the profession pursuant to Clause (6) of Paragraph (a) of Article (26) of this Law. 

(b) The license of an engineering office shall expire in any of the following events: 
1. Death of the owner of the office if the engineering office license was issued  as  an Individual Establishment, unless the heirs request to continue operating the office of their legator, provided one of the heirs who satisfies the conditions stipulated in Article (10) hereof, is appointed to operate the office or appoint a manager in charge of this office subject to Clause (1) of Article (10 bis)of this Law, and selecting one of the forms of the commercial companies within the period specified by the Implementing Regulation. 
2. Expiry of the company in accordance with the Commercial Companies law, in the cases the office takes one of the forms of a commercial company. 
3. Absence of any of the requirements for the engineering office’s license as set forth in Articles (10), (10 bis) and (11) of this law. 
4. Write-off of the engineering office’s license in accordance with Article (15) of this law.
5. Cancellation of the license and final deprivation from the practice of the profession pursuant to Clause (6) of Paragraph (a) of Article (26) of this Law.
6. Conviction of the licensee under a criminal offence that affects honour and trustworthiness.

Article 18

(a) Before practicing the profession, the Licensee shall make an oath in front of the Council in the following words:

(I swear by Almighty God to perform my profession with honour and integrity and preserve the ethics of the profession and its traditions and respect the laws and regulations).

(b) The Licensee shall be under an obligation to conclude a contract regulating the work relationship between the licensee and the clients, specifying the mutual rights and obligations and the responsibility that may arise in case of violations by either party, the Council shall issue a model contract for guidance.

Article 19

A licensee practicing his profession shall observe accuracy and integrity, preserve the honour and dignity, ethics and tradition of the profession and avoid performing his work in the service of conflicting interests and not obtaining any work that contravenes with the Laws and Regulations.

Article 20

The licensee shall disclose to his clients in writing any personal interest -direct or indirect - related to the contracted work.

Article 21

The licensee shall be prohibited from:

a. Combining the practice of engineering profession with any other activity which is contrary to the duties, traditions, customs, and ethics of the profession.

b. Initiating any publicity for himself/herself through any form of advertising which contradicts with the dignity and honour of the profession.

Article 22

A licensee may not disclose any information or data which may result in disclosing a special secret related to a client even after the completion of the assignment unless with the intension of preventing a crime or reporting its occurrence.

Article 23

A licensee is prohibited from accepting any consideration from more than one source for a single service or for the services related to the work itself without a prior consent of all the stakeholders of such work or accepting any commission or grant whether directly or indirectly from contractors or other persons engaged in any engineering work with the clients.

Article 24

Engineering offices shall keep the originals of studies, reports, and designs and amendments thereto for a period of not less than ten years. If such works have a relation to a case that is being heard by the court, they must be kept after the lapse of such period until a final judgment is passed by the court.

Article 25

A Licensee is under an obligation to notify the Council by a registered letter accompanied by acknowledgement of receipt in the event of ceasing to practice the profession, or in case of any change occurring to the information related to the license, within (30) thirty days from the date of cessation or change.

Article 26

a. Without prejudice to any criminal or civil responsibility, any engineer who breaches the provisions of this Law or the decisions issued in implementing the same shall be liable to punishment by one of the following disciplinary punishments:
1. Warning letter. 
2. Imposing an administrative fine of not less than two thousand Dinar and not exceeding twenty thousand Dinar. 
3. Full or partial suspension from practicing the profession for a period not exceeding three years.
4. Degrading the category for a period not exceeding three years.
5. Prohibition from carrying out new engineering business for a period not exceeding three years.
6. Cancellation of the license and full deprivation from practicing the profession.
 
b. In the case prescribed under Clause (2) of paragraph (a) of this Article, the severity of the violation must be taken into account when determining the fine, and the intransigence committed by the violating party, the benefits he/she has earned and the damage or harm he/she has caused to third parties as a result thereof.

Article 27

No punishment may be inflicted upon the licensee except by a justified decision and after being referred to investigation based on a decision issued by the Council to investigate with him/her in writing and hearing his/her statements and defence.

In case of contraventions punishable by warning, the investigation may be conducted verbally provided that its content shall be included in the decision of punishment.

The investigation shall be conducted by a committee to be formed by the Council, chaired by one of the Board’s members. The Council may include in the committee experts and specialists who are not members in the Board.  The committee may hold its sessions in the Council’s headquarters or in any other place that may be determined by the Chairman.  The proceedings of investigation sessions shall be confidential.

Article 28

A licensee referred to investigation shall be  notified of the investigation decision referred to in the foregoing Article No. (27) and of his/her appearance before the Investigation Committee at least fifteen days  prior to the  date prescribed for such purpose by a registered letter with acknowledgement of receipt to be delivered to his/her address recorded in the Council; such letter shall  indicate the time and place of the investigation session and the violations attributed to the licensee,  and shall include an attachment of the supporting documents of such violations.

Article 29

An engineer who is referred to investigation shall appear in person in the hearing sessions and may be assisted by a licensed engineer or a lawyer; the investigation committee may hear the witness statements without oath-taking.

Article 30

If a licensee fails to appear without an excuse on the date fixed for the conduct of the investigation, the investigation may be adjourned to another session and the licensee shall be notified of the new date of investigation. In case he fails to appear or refuses to give his statement, the Committee shall determine the subject-matter of investigation.

Article 31

The Investigation Committee shall submit a report with its opinion, supported by the justifications to the Council along with the investigation file attached thereto.

The Council may return the investigation file to the Committee to rectify any errors or incompleteness in conducting the investigation, and the Committee may assign this task to one or more of its members.

Article 32

The members of the Investigation Committee or any member of the Council who previously expressed any opinion with respect to the violation attributed to the licensee shall not take part in the investigation and issue the penalty decision. A final cancellation decision of the license may not be taken except by two thirds majority of the Council members.

Article 33

The Council shall declare the decision held with respect to the investigation findings within ten days from the date of its issuance by a registered mail accompanied by an acknowledgement of delivery, or its delivery with a written receipt in lieu thereof.

Article 34

The disciplinary decisions shall be kept in a register upon the expiry of the period of appeal or judicial review, or a final decision is passed thereof. The text of the decision that involves the cancellation of practice of profession shall be published in the Official Gazette.

Article 35

An appeal against the decisions passed in application of this Law and its Implementing Regulation may be filed within sixty days from the date of notification or publication. Such appeal shall be submitted in writing to the Minister or the Council, and a decision shall be passed with regard thereto within sixty days from the date of its submission. If the appeal is explicitly rejected, the grounds of such rejection shall be mentioned. The lapse of sixty days without receiving a reply shall be deemed an implicit rejection of the appeal.

The appellant may appeal the cancellation decision before the High Court within sixty days from the date of being aware of an explicit rejection of his appeal or the lapse of sixty days without receiving a reply, and such case shall not be heard except after the submission of an appeal against the decision.

The decision passed for the administration fine shall have the power of an executive order with lapse of time for appeal or by the lapse of the period stated in the preceding paragraph, unless the court orders a stay of execution of the judgement.

Article 36

The Council, after the lapse of at least five years from the date of the issuance of the license final cancellation decision, and pursuant to an application submitted by whom the decision was passed against, may consider the re-registration of the license in its register if the Counsil believes that the lapsed period is sufficient to rectify his violations, and eliminate all the effects of the acts committed by him. Such decision in this regard shall be passed by the majority of votes of two thirds of the Board Members, and if rejected, it may be renewed for one time upon the lapse of another five years, after which; any decision of rejection shall be deemed final.

Article 37

a. The Council shall be responsible for the control and inspection of the licensees to ensure the implementation of the provisions of the Law, and the decisions passed for its implementation. The inspectors, who are appointed by a decision passed by the Council from amongst its employees or others to undertake inspection, shall have the following powers:


1. To enter engineering offices, project and engineering work sites, and any related works, to inspect equipment and tools, review the files, registers, documents and papers and obtain photocopies thereof.

2. To hear statements of those who are suspected to be related to the subject matter of inspection from the personnel of the engineering offices and the sites referred thereto in Clause (1) of this paragraph.


b. The Council’s staff who are authorized by the Minister in charge of justice affairs, in agreement with the Minister, shall have the capacity of judicial control officers with regard to the crimes specified in this Law in which falls within their function departments and related to their jobs. The records written for such crimes shall be referred to the Public Prosecution based on a decision by the Council.

Article 38

    Without prejudice to any severer penalty prescribed in any other law, punishment of imprisonment and a fine not exceeding BD5000/- (Five Thousand Bahraini Dinars) or either punishments may be passed against any person who:

    1. Practice without a license, any of the engineering professions, by himself/herself or jointly with others or through them. In such case, the court may pass an order for shutting down the entity through which any of the engineering professions were practiced. 

    2. Falsely claiming as a licensee.

    3. Employing a person who is not licensed to practice any of the engineering professions.

    4. Illegally and knowingly obtaining a license to practice any of the engineering professions.

    5. Knowingly providing false information to the Council during the practice of any of the engineering professions.

Article 39

Without prejudice to the criminal liability of a natural person, a legal person shall be punished with a penalty not exceeding twice the amount of the fine fixed for the offense if it is committed in its name or on its behalf through its services, representatives or any of its employee.

Article 40

a. The Council, after coordinating with the Minister, shall issue the necessary decisions to improve the engineering professions and develop the technical competency of the engineers, code of ethics of the profession and the guidelines to be considered by the engineers while practicing engineering professions, principles of integrity, honesty and decency in dealing with clients, duties of professional independence and maintaining the dignity of the profession. The Council, after coordinating with the Minister, may issue instructions and guidelines with respect to the implementation of the provisions of this Law, its Implementing Regulation and the decisions passed for its implementation without conflict with its provisions.

b. The decisions, instructions and guidelines specified in paragraph (a) of this Article shall be published on the Council’s website or by any other appropriate means of achieving information, to be determined by a Decision of the Minister.

Article 41

The Minister shall issue the Implementing Regulation for this Law and any Decisions required for implementing the same within six months from the date on which this Law comes into force. The applicable decisions, which are in force on the date of issuing this Law, shall remain in force provided that they do not conflict with its provisions.

Article 42

Any person licensed to practice an engineering profession prior to the enforcement of the provisions of this Law, shall reconcile his position in accordance with the rules of this Law within six months from the date of its enforcement.

Article 43

The provisions of this Law shall not prejudice the provisions set forth in the Regional and International Treaties and Agreements in force in the Kingdom.

Article 44

The Legislative Decree No. (17) of 1982 with respect to the Regulation of Professional Engineering Practice shall be revoked.

Article 45

The Prime Minister and the Ministers - each within his jurisdiction - shall implement the provisions of this Law, and it shall come into force from the day following the date of its publication in the Official Gazette.

 

King of the Kingdom of Bahrain

Hamad bin Isa Al Khalifa

 

Issued at Riffa Palace:

On: 16th Dhu Al-Qadah 1435 A.H.

Corresponding to: 11th September 2014

 

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