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S 199
BUILDING CONTROL ACT
(CHAPTER 29)
BUILDING CONTROL (ENVIRONMENTAL SUSTAINABILITY)
REGULATIONS 2008
In exercise of the powers conferred by section 49 of the Building
Control Act, the Minister for National Development hereby makes the
following Regulations:
1
Citation and commencement
2
Definitions
3
Application
4
Minimum Green Mark scoreand relevant Green Mark Certification
5
Assignment of numerical score by appropriate practitioner
6
Minimum environmental sustainability standard
7
Submission of scores using Code
8
Deviation from approved building plans
9
Submission of as-built scores
10
Penalty
THE SCHEDULE
S 199
BUILDING CONTROL ACT
(CHAPTER 29)
BUILDING CONTROL (ENVIRONMENTAL SUSTAINABILITY)
REGULATIONS 2008
In exercise of the powers conferred by section 49 of the Building
Control Act, the Minister for National Development hereby makes the
following Regulations:
Citation and
commencement
1. These Regulations may be
cited as the Building Control (Environmental Sustainability) Regulations
2008 and shall come into operation on 15th April 2008.
Definitions
2. In these
Regulations, unless the context otherwise requires
"appropriate practitioner" , in relation to any
building works, means
(a) the qualified person appointed under section
8(1)(a) or 11(1)(d)(i) of the Act to prepare the plans
of those building works in accordance with the Act;
(b) any other qualified person appointed under the Act
in respect of those building works; or
(c) a professional engineer registered under the
Professional Engineers Act (Cap. 253) in the branch of mechanical
engineering or electrical engineering,
who is, under the Code, recognised as competent to assess the
building works and, using the scoring methodology specified in the
Code, to express by a numerical score the degree of compliance of those
building works with the Code;
"building envelope" means the elements of a building
which enclose air-conditioned spaces through which thermal energy may
be transferred from the exterior;
"building plans" , in relation to any building works,
means the building plans referred to in regulation 4(1)(a)(i) of the
Building Control Regulations 2003 (G.N. No. S 666/2003) relating to
those building works;
"building services" means any part of, or any controls
associated with
(a) the air-conditioning system or any assembly of
components for the treatment of air, controlling its temperature,
humidity, cleanliness and distribution within an
air-conditioned space; and
(b) the mechanical ventilation system for the purposes
of supplying or removing air to or from a building or part thereof by
mechanical means or devices;
"Code" means the Code for Environmental Sustainability of
Buildings issued by the Building and Construction Authority;
"existing building" means any building in respect of
which a certificate of statutory completion or a temporary occupation
permit has been issued;
"Green Mark Certification" means certification under the
BCA Green Mark Certification Standard for New Buildings approved by the
Commissioner of Building Control and issued by the Building and
Construction Authority;
gross floor area has the same meaning as floor area in the
Planning (Development Charges) Rules (Cap. 232, R 5);
"mixed-use building" means a non-residential building
part of which is constructed or used, or is to be constructed or used,
solely as a residence or private dwelling;
"non-residential building" means a building other than
a residential building;
"residential building" means a building that is
constructed or used, or is to be constructed or used, solely as a
residence or private dwelling.
Application
3.(1) Subject to
paragraph (2), these Regulations shall apply only to any of the
following building works in respect of which an application for planning
permission is submitted to the competent authority under the Planning Act
(Cap. 232) on or after 15th April 2008:
(a) building works which involve a gross floor area of
2,000 square metres or more;
(b) building works which involve increasing the gross
floor area of an existing building by 2,000 square metres or more;
(c) building works relating to an existing building which
involve a gross floor area of 2,000 square metres or more.
(2) Notwithstanding paragraph (1)(c),
these Regulations shall not apply to any building works consisting of
repairs or alterations to an existing building unless those building
works involve the provision, extension or substantial alteration of the
building envelope and building services in or in connection with an
existing building.
Minimum Green Mark
scoreand relevant Green Mark
Certification
4.(1) For the purposes of these
Regulations, the minimum requirement for any building works to which
these Regulations apply shall, subject to paragraphs (2), (3) and (4), be
the following:
(a) where the building works relate to a
residential building not referred to in sub-paragraph (c)
a Green Mark score of 50 points calculated in accordance with
the Code;
(b) where the building works relate to a
non-residential building not referred to in sub-paragraph (c)
a Green Mark score of 50 points calculated in accordance with
the Code; and
(c) where the building works relate to any building on
land sold on or after 5th May 2010 under the Government Land Sales
Programme and the building is wholly or partly within an area described
in the first column of the Schedule the relevant Green Mark
Certification indicated in the second column of the Schedule.
(2) Where any building works to which these
Regulations apply relate
(a) to both residential and non-residential buildings and
the respective parts of building works relating to the residential
building and to the non-residential building each involve a gross floor
area of 2,000 square metres or more; or
(b) to any mixed-use building and the building works
relating to each of the following parts of the building involve a gross
floor area of 2,000 square metres or more:
(i) the part of the building which is constructed or
used, or is to be constructed or used, as a residence or private
dwelling; and
(ii) the remaining parts of the same building,
each part of those building works shall be regarded as separate
building works, and the minimum Green Mark score or relevant Green Mark
Certification in paragraph (1)(a), (b) or (c),
as the case may be, shall apply to each part as if each were separate
building works.
(3) Where any building works to which these
Regulations apply relate
(a) to both residential and non-residential buildings and
any respective part of the building works relating to the residential
building or to the non-residential building involve a gross floor area
of less than 2,000 square metres; or
(b) to any mixed-use building and the building works
relating to either of the following parts of the building involve a
gross floor area of less than 2,000 square metres:
(i) the part of the building which is constructed or
used, or is to be constructed or used, as a residence or private
dwelling; or
(ii) the remaining parts of the same building,
the smaller part of the building works shall be disregarded and
the minimum Green Mark score in paragraph (1)(a) or (b), as
the case may be, shall apply to the building works as if it comprised
only the larger part.
(4) Where any building works to which these
Regulations apply relate only to such part of a mixed-use building which
is constructed or used, or is to be constructed or used, as a residence
or private dwelling, the building works shall be regarded as relating to
a residential building.
Assignment of numerical score
by appropriate practitioner
5. For the
purposes of regulation 4(1)(a) or (b), it shall be the
function of every appropriate practitioner who assesses any building
works or any part thereof to which these Regulations apply, to express by
a numerical score, using the scoring methodology specified in the Code,
the degree of compliance of those building works or part thereof
with the Code and assign that score accordingly.
Minimum environmental
sustainability standard
6.(1) The
qualified person appointed under section 8(1)(a)
or 11(1)(d)(i) of the Act to prepare the plans of
any building works in accordance with the Act shall ensure that
the building works are designed with physical features or
amenities, and may be carried out using methods and materials, so that
(a) the total (using the scoring methodology specified in
the Code) of all numerical scores assigned by every
appropriate practitioner who assesses the building works or part
thereof is not less than the minimum Green Mark score applicable to
those building works; or
(b) the relevant Green Mark Certification is achievable in
respect of those building works.
(2) Paragraph (1) shall apply in addition to the
requirements of Part IV of the Building Control Regulations 2003
(G.N. No. S 666/2003).
Submission of scores using
Code
7. In addition to the requirements of
regulations 4, 5 and 6 of the Building Control Regulations 2003, the
developer of any building works that is subject to a minimum Green Mark score
shall, when applying for approval of building plans under section 5
of the Act, submit to the Commissioner of Building Control
(a) a declaration from each appropriate practitioner who
assessed the building works or any part thereof, stating the numerical
score he assigned the building works or part thereof under regulation 5
and that the numerical score is correct;
(b) a statement from the qualified person appointed under
section 8(1)(a) or 11(1)(d)(i) of the Act to prepare the plans
of those building works in accordance with the Act that the total
(using the scoring methodology specified in the Code) of all
numerical scores assigned by every appropriate practitioner who
assessed the building works or part thereof is not less than the
minimum Green Mark score applicable to those building works;
(c) the total (using the scoring methodology specified in
the Code) of all numerical scores assigned by the
appropriate practitioners referred to in paragraph
(a); and
(d) such other documents as the Commissioner of Building
Control may require in any particular case.
Deviation from approved building
plans
8. Where the plans of any building
works or proposed building works that is subject to a minimum Green Mark score
have been approved by the Commissioner of Building Control under
section 5(3)(a) of the Act and the developer of the building
works who intends to depart or deviate from the plans approved
(a) the qualified person appointed under section
8(1)(a) or 11(1)(d)(i) of the Act in respect of those
building works must ensure that the building works (with such departure
and deviation) are still designed with physical features or amenities,
and may be carried out using methods and materials, so that the total
(using the scoring methodology specified in the Code) of all numerical
scores assigned by every appropriate practitioner who assesses the
building works or part thereof is not less than the minimum Green Mark
score applicable to those building works; but
(b) the developer need not submit to the Commissioner of
Building Control the total of all numerical scores assigned by the
appropriate practitioners who assessed the building works or part
thereof.
Submission of as-built
scores
9.(1) Without prejudice to the
requirements of regulation 43 of the Building Control Regulations 2003
(G.N. No. S 666/2003), a temporary occupation permit or, in a case where
no such permit is earlier applied for, a certificate of statutory
completion shall not be granted in respect of any completed building
works where the application for a temporary occupation permit or
certificate of statutory completion, as the case may be, is not
accompanied by a Green Mark Certificate to show that the required Green
Mark Certification has been achieved or where the works are subject to a
minimum Green Mark score
(a) a declaration from each appropriate practitioner who
assessed the completed building works or any part thereof using the
Code, stating the numerical score he assigned the building works or
part thereof under regulation 5 and that the numerical score is
correct;
(b) a statement from the qualified person appointed under
section 8(1)(a) or 11(1)(d)(i) of the Act to prepare the plans
of those building works in accordance with the Act that the total
(using the scoring methodology specified in the Code) of all
numerical scores assigned by every appropriate practitioner who
assessed the building works or part thereof is not less than the
minimum Green Mark score applicable to those building works; and
(c) the total (using the scoring methodology specified in
the Code) of all numerical scores assigned by the
appropriate practitioners referred to in sub-paragraph (a).
(2) On completion of any building works, the
developer of the building works shall, when applying for a temporary
occupation permit or a certificate of statutory completion, whichever is
the earlier, submit to the Commissioner of Building Control
(a) the documents referred to in paragraph (1)(a),
(b) and (c); and
(b) such other documents as the Commissioner of Building
Control may require in any particular case.
(3) Paragraph (2) shall apply in addition to the
requirements of Part V of the Building Control Regulations 2003
(G.N. No. S 666/2003).
Penalty
10.(1) Any person
who contravenes regulation 6(1) or 8(a) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$10,000.
(2) In any proceedings for an offence under
paragraph (1), it shall be a defence for the person charged to prove
(a) that the commission of the offence was due to the act
or default of another appropriate practitioner or to some other cause
beyond his control; and
(b) that he took all reasonable precautions and exercised
all due diligence to avoid the commission of such an offence by himself
or by any person under his control.
THE SCHEDULE
Regulation 4(1)(c)
Area |
Requirement for building wholly or partly within area
that is on land sold under the Government Land Sales
Programme |
| Area within blue boundary in Map 1 |
Green Mark Platinum Rating |
| Area within red boundary in Map 1 |
Green Mark GoldPlus Rating |
| Area within red boundary in Map 2 |
Green Mark GoldPlus Rating |
| Area within red boundary in Map 3 |
Green Mark GoldPlus Rating |
| Area within red boundary in Map 4 |
Green Mark GoldPlus
Rating |
MAP 1
[CENTRAL AREA]
MAP 2
[JURONG GATEWAY]
MAP 3
[PAYA LEBAR CENTRAL]
MAP 4
[KALLANG RIVERSIDE]
Made this 31st day of March 2008.
TAN TEE HOW
Permanent Secretary,
Ministry of
National Development,
Singapore.
[eReg; AG/LEG/SL/29/2002/2 Vol. 1]
(To be presented to
Parliament under section 52 of the Building Control Act).
