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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 score
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
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;
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
score
4.(1) For the purposes of these
Regulations, the minimum Green Mark score for any building works to which
these Regulations apply shall, subject to paragraphs (2), (3) and (4), be
the following score calculated in accordance with the Code:
(a) where the building works relate to a
residential building 50 points; or
(b) where the building works relate to a
non-residential building 50 points.
(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 in
paragraph (1)( a) or (b), 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 these Regulations, 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 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.
(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 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 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) 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.
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).
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