Building Control Act 1989 · 2020 Revised Edition · Part 3B · Environmental Sustainability Measures for Existing Buildings
22FX. Submission of design score for Type 2 building undergoing major energy use change
Last amended by an amending law of 2024. 3 amendments in all.
Official textFrom Singapore Statutes Online, unchanged
An owner of any Type 2 building must not carry out, or permit or authorise the carrying out of, any major energy use change to that building, unless the owner has first —
Type 2 building
“Type 2 building” means an existing building, or part of an existing building, of any class or type for the time being prescribed for the purposes of Division 5.
appointed a mechanical engineer to assess the design score for the major energy use change to the building;
submitted the design score assessed by the mechanical engineer appointed under paragraph (a) to the Commissioner of Building Control for approval, in the prescribed form and manner and accompanied by such documents and fee as may be prescribed; and
obtained the approval of the Commissioner of Building Control for the design score, which approval has not lapsed at the time of commencement of the major energy use change.
Subject to subsection (5), the Commissioner of Building Control must not approve the design score in relation to a Type 2 building unless the design score meets the prevailing minimum environmental sustainability standard for that building or a building of that class or type.
Commissioner of Building Control
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
Upon receiving the submission of a design score relating to a Type 2 building for approval under subsection (1), the Commissioner of Building Control may direct the owner of the building in writing —
design score
“design score”, in relation to an existing building for which a major energy use change is proposed, means the ES score projected for that building upon the completion of the major energy use change, assessed based on the design of the proposed major energy use change;
to comply with any requirements in relation to the major energy use change that the Commissioner of Building Control may specify so that the design score meets the minimum environmental sustainability standard applicable to the building; and
to re-submit the design score for the approval of the Commissioner of Building Control within the period specified in the direction.
If the direction given by the Commissioner of Building Control under subsection (3) is not complied with within the period specified in that direction, the application for approval of the design score is, at the end of that period, deemed to be disapproved by the Commissioner of Building Control.
The Commissioner of Building Control may, on the application of an owner of a Type 2 building in any particular case, modify or waive any requirement in relation to the minimum environmental sustainability standard applicable to the building, subject to any conditions that the Commissioner of Building Control may impose.
building
“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
The Commissioner of Building Control may approve the design score on the basis of a declaration by the mechanical engineer who assessed the score certifying the correctness of the design score.
mechanical engineer
“mechanical engineer” means a professional engineer registered under the Professional Engineers Act 1991 in the branch of mechanical engineering who has in force a practising certificate issued under that Act;
A mechanical engineer appointed under subsection (1)(a) in relation to a Type 2 building must —
design the proposed major energy use change to the building so that the design score meets the minimum environmental sustainability standard applicable to the building;
assess the design score for the major energy use change to the building in the manner prescribed; and
provide to the owner of the building —
the design score and the documents on which the design score was assessed;
a declaration as to whether the design score meets the minimum environmental sustainability standard applicable to the building; and
any other documents that the Commissioner of Building Control may require.
Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Any mechanical engineer who —
without reasonable excuse, contravenes subsection (7); or
provides any information or makes any statement in relation to the design score, or in any other document required under subsection (7)(c), which the mechanical engineer knows or has reason to believe is false,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Terms defined in this Act
building
Defined · s 2“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
Commissioner of Building Control
Defined · s 2“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
design score
Defined · s 22FA“design score”, in relation to an existing building for which a major energy use change is proposed, means the ES score projected for that building upon the completion of the major energy use change, assessed based on the design of the proposed major energy use change;
major energy use change
Defined · s 22FA“major energy use change”, in relation to an existing building, means —(a)the installation, substantial alteration or replacement of a prescribed cooling system of the building; or(b)any other change to the energy requirements of the building that may be prescribed;
mechanical engineer
Defined · s 22FA“mechanical engineer” means a professional engineer registered under the Professional Engineers Act 1991 in the branch of mechanical engineering who has in force a practising certificate issued under that Act;
minimum environmental sustainability standard
Defined · s 22FA“minimum environmental sustainability standard”, in relation to any building, means the prescribed minimum standard of environmental sustainability applicable to that building, or to a building of that type or class, expressed in terms of a ES score and other specified requirements;
prescribed
Defined · s 29A“prescribed” means prescribed in the regulations made under section 29L.
Type 2 building
Defined · s 22FA“Type 2 building” means an existing building, or part of an existing building, of any class or type for the time being prescribed for the purposes of Division 5.
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