PART 3B ENVIRONMENTAL SUSTAINABILITY MEASURES
FOR EXISTING BUILDINGS |
| Interpretation of this Part |
22FA. In this Part, unless the context otherwise requires —| “as-built score”, in relation to an existing building which has undergone a major energy‑use change, means the Green Mark score awarded to that building upon the completion of the major energy‑use change; |
| “design score”, in relation to an existing building for which a major energy‑use change is proposed, means the Green Mark 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; |
| “energy auditor” means a person registered as an energy auditor under section 22FG; |
| “existing building” means any building in respect of which a certificate of statutory completion or a temporary occupation permit is issued; |
| “Green Mark score” means a numerical score to assess the environmental sustainability of a building, calculated using the prescribed scoring methodology; |
“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; |
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| “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”, 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 Green Mark score and other specified requirements; |
| “prescribed building” means an existing building in any class or type of buildings for the time being prescribed for the purposes of this Part. [22/2012] |
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| Submission of design score for building undergoing major energy-use change |
22FB.—(1) An owner of any prescribed 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 —| (a) | appointed a mechanical engineer to assess the design score for the major energy-use change to the building; | | (b) | 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 | | (c) | 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. [22/2012] |
| (2) Subject to subsection (5), the Commissioner of Building Control must not approve the design score in relation to a prescribed building unless the design score meets the prevailing minimum environmental sustainability standard for that building or a building of that class or type. [22/2012] |
(3) Upon receiving the submission of a design score relating to a prescribed building for approval under subsection (1), the Commissioner of Building Control may direct the owner of the building in writing —| (a) | 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 | | (b) | to re-submit the design score for the approval of the Commissioner of Building Control within the period specified in the direction. [22/2012] |
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| (4) 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. [22/2012] [Act 12 of 2020 wef 01/01/2022] |
| (5) The Commissioner of Building Control may, on the application of an owner of a prescribed 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. [22/2012] |
| (6) 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. [22/2012] |
(7) A mechanical engineer appointed under subsection (1)(a) in relation to a prescribed building must —| (a) | 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; | | (b) | assess the design score for the major energy‑use change to the building in the manner prescribed; and | | (c) | provide to the owner of the building —| (i) | the design score and the documents on which the design score was assessed; | | (ii) | a declaration as to whether the design score meets the minimum environmental sustainability standard applicable to the building; and | | (iii) | any other documents that the Commissioner of Building Control may require. [22/2012] |
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| (8) Any owner of a prescribed 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. [22/2012] |
(9) Any mechanical engineer who —| (a) | without reasonable excuse, contravenes subsection (7); or | | (b) | 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. |
[22/2012] |
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| Deviation from approved design score |
22FC. Where the design score in relation to any major energy‑use change to a prescribed building has been approved by the Commissioner of Building Control under section 22FB and the owner of the building, in carrying out the major energy‑use change, intends to depart or deviate from the design on which the approved design score was assessed, the mechanical engineer appointed under section 22FB(1)(a) —| (a) | must ensure that the design score for the major energy‑use change with such departure or deviation still meets the minimum environmental sustainability standard, subject to any modification or waiver under section 22FB(5); but | | (b) | need not re-submit the design score to the Commissioner of Building Control for approval. [22/2012] |
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| Lapsing or revocation of approval of design score |
| 22FD.—(1) Unless earlier revoked under subsection (2), any approval granted under section 22FB in respect of a design score for a major energy-use change lapses if no works in respect of that major energy-use change have started within the prescribed period after the approval is granted. [22/2012] | (2) The Commissioner of Building Control may, at any time, revoke any approval granted in respect of a design score if he or she is satisfied that any information or document submitted to him or her in connection with the design score is false in a material particular. [22/2012] |
| (3) Where the approval of a design score is revoked under subsection (2), the owner of the prescribed building must not carry out or continue the major energy‑use change to which the revoked approval relates unless the owner has first re‑submitted the design score to the Commissioner of Building Control and obtained the approval of the Commissioner of Building Control therefor. [22/2012] |
| (4) Any owner of a prescribed building who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [22/2012] |
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| Completion of major energy-use change and submission of as‑built score |
22FE.—(1) The owner of a prescribed building must, not later than 3 years after the approval of the design score for a major energy‑use change to that building by the Commissioner of Building Control —| (a) | complete the major energy-use change in accordance with the design score approved by the Commissioner of Building Control, subject to any departure or deviation which complies with section 22FC; and | | (b) | submit to the Commissioner of Building Control in the form and manner and within the time that may be prescribed —| (i) | the as-built score of the building assessed by the mechanical engineer appointed under section 22FB(1)(a) or, if that mechanical engineer has vacated his or her appointment, another mechanical engineer appointed under subsection (5), for approval by the Commissioner of Building Control; | | (ii) | a declaration by the mechanical engineer who assessed the as‑built score certifying the correctness of the as‑built score; and | | (iii) | any other documents that may be prescribed. [22/2012] |
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| (2) The Commissioner of Building Control may approve the as‑built score on the basis of a declaration by the mechanical engineer who assessed the score certifying the correctness of the as‑built score. [22/2012] |
(3) A mechanical engineer appointed to assess the as-built score in relation to a prescribed building must, within 7 days after the completion of the major energy‑use change —| (a) | assess the as-built score of the building in the manner prescribed; and | | (b) | provide to the owner of the building —| (i) | the as-built score and the documents on which the as‑built score was assessed; | | (ii) | a declaration as to whether the as‑built score meets the minimum environmental sustainability standard applicable to the building; | | (iii) | any document certifying the completion of the major energy‑use change that the Commissioner of Building Control may specify; and | | (iv) | any other documents that the Commissioner of Building Control may require. [22/2012] |
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| (4) If the owner of the prescribed building ceases to be the owner thereof before the submission of the as‑built score under subsection (1)(b), the owner must notify the Commissioner of Building Control of that fact not later than 7 days after the owner ceases to be the owner thereof. [22/2012] |
(5) If any mechanical engineer appointed under section 22FB(1)(a) in relation to a prescribed building vacates his or her appointment before the submission of the as‑built score under subsection (1)(b) for that building, the owner of the building must —| (a) | appoint another mechanical engineer to assess the as‑built score; and | | (b) | within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. [22/2012] |
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| (6) Any owner of a prescribed 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. [22/2012] |
| (7) Any owner of a prescribed building who, without reasonable excuse, contravenes subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [22/2012] |
(8) Any mechanical engineer who —| (a) | without reasonable excuse, contravenes subsection (3); or | | (b) | provides any information or makes any statement in relation to the as‑built score, or in any other document required under subsection (3)(b), 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. |
[22/2012] |
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| Periodic audit of energy efficiency of building cooling system |
22FF.—(1) Subject to subsection (2), the Commissioner of Building Control may, by notice served on the owner of any of the following buildings, require an audit to be carried out as to whether the cooling system of the building meets the prescribed energy efficiency standard applicable to such cooling system (called in this Part an energy audit):| (a) | any building in respect of which an application for planning permission is submitted to the competent authority under the Planning Act 1998 on or after 1 December 2010; | | (b) | any prescribed building which has undergone a major energy-use change under this Part. [22/2012] |
(2) A notice under subsection (1) may be issued —| (a) | to the owner of any building in respect of which the application for planning permission is submitted to the competent authority under the Planning Act 1998 on or after 1 December 2010 —| (i) | at any time after the temporary occupation permit or, if no temporary occupation permit is issued, the certificate of statutory completion is issued in respect of that building; and | | (ii) | thereafter at intervals of not less than 3 years after the date of the last notice under this section; and |
| | (b) | to the owner of any prescribed building which has undergone a major energy‑use change —| (i) | at any time on or after the third anniversary of the date of the approval of the as‑built score mentioned in section 22FE(1)(b)(i); and | | (ii) | thereafter at intervals of not less than 3 years after the date of the last notice under this section. [22/2012] |
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(3) The owner of a building on whom a notice is served under subsection (1) must, within the period specified in the notice under that subsection —| (a) | appoint a person mentioned in section 22FG to carry out the energy audit; | | (b) | if the cooling system does not meet the applicable prescribed energy efficiency standard, carry out any maintenance work or take any other measures in relation to the cooling system to ensure that it meets the applicable prescribed energy efficiency standard; and | | (c) | submit the report of the energy audit to the Commissioner of Building Control in such form and manner as the Commissioner of Building Control may specify. [22/2012] [Act 12 of 2020 wef 01/01/2022] |
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| (4) Any owner of a building who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [22/2012] |
| (5) The Commissioner of Building Control may, on the application of an owner of a building in any particular case, modify any requirement in relation to the prescribed energy efficiency standard for the cooling system of the building, subject to any conditions that the Commissioner of Building Control may impose. [22/2012] |
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| Persons who may carry out energy audit |
22FG.—(1) The following persons may be appointed to carry out an energy audit under section 22FF:| (a) | a mechanical engineer; | | (b) | an energy auditor registered under this section; | | (c) | any other class or classes of persons that may be prescribed. [22/2012] |
| (2) An application to be registered as an energy auditor must be made to the Commissioner of Building Control in the prescribed manner and must be accompanied by such other documents or information and such application fee as may be prescribed. [22/2012] |
| (3) An individual is eligible to be registered as an energy auditor if the individual has the prescribed qualifications or experience in relation to assessing the energy efficiency of cooling systems of buildings. [22/2012] |
| (4) The Commissioner of Building Control must consider the application and may register the applicant if he or she is satisfied that the applicant has the requisite qualifications and is capable of carrying out the duties of an energy auditor under this Act and the building regulations. [22/2012] |
| (5) The registration of an energy auditor is valid for the period prescribed, being at least one year. [22/2012] |
| (6) The Commissioner of Building Control may appoint a committee of persons to assist him or her in considering applications for registration, or renewal of registration, as an energy auditor. [22/2012] |
| (7) The Commissioner of Building Control must keep a register of energy auditors in which must be entered the names of all persons registered under this section as energy auditors. [22/2012] |
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| Duties of person carrying out energy audit |
22FH.—(1) Any person appointed to carry out an energy audit under section 22FF of a cooling system of a building —| (a) | must carry out the energy audit in the prescribed manner; | | (b) | may, if the cooling system of the building fails to attain the prescribed energy efficiency standard applicable to such a cooling system, recommend to the owner of the building any measures that may be necessary to attain the prescribed energy efficiency standard; and | | (c) | must, on completion of the energy audit of the cooling system (including of any maintenance work or other measures taken to meet the prescribed energy efficiency standard), prepare and sign a report of the result of the energy audit in the form that the Commissioner of Building Control may specify. [22/2012] |
(2) Any person appointed to carry out an energy audit who —| (a) | without reasonable excuse, contravenes subsection (1); or | | (b) | provides any information or makes any statement in relation to the energy audit report required under subsection (1)(c), which the person 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. |
[22/2012] |
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| Cancellation or suspension of registration of energy auditor |
22FI.—(1) Subject to section 22, the Commissioner of Building Control may cancel, or suspend for a period not exceeding 6 months, the registration of an energy auditor if the Commissioner of Building Control is satisfied that —| (a) | the person obtained the person’s registration or renewal of registration by fraud or misrepresentation; | | (b) | the person has been convicted of an offence which, in the opinion of the Commissioner of Building Control, renders the person unfit to remain registered as an energy auditor; | | (c) | the person is no longer capable of carrying out the duties of an energy auditor; | | (d) | the person no longer satisfies the prescribed requirements by virtue of which the person was so registered; or | | (e) | for prescribed reasons, the person is no longer suitable to be registered as an energy auditor. [22/2012] |
| (2) The Commissioner of Building Control must not cancel or suspend the registration of any energy auditor under subsection (1) without giving the energy auditor an opportunity to be heard. [22/2012] |
| (3) Where the Commissioner of Building Control cancels or suspends the registration of an energy auditor under this section, the Commissioner of Building Control must remove the name and particulars of that person from the register of energy auditors. [22/2012] |
| (4) If the registration of an energy auditor is suspended under this section for any period, then at the end of the period of suspension, the name and particulars of the energy auditor must be reinstated in the register of energy auditors. [22/2012] |
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| Power to obtain energy consumption and other information |
22FJ.—(1) For the purpose of monitoring the energy efficiency and environmental sustainability of any building, the Commissioner of Building Control may do all or any of the following:| (a) | by written notice to the owner of the building require the owner to provide the Commissioner of Building Control with all or any of the following information in respect of the building:| (i) | the electricity consumption by users of the building as a whole or any part of the building or by different users in the building; | | (ii) | the consumption of other types of energy by users of the building as a whole or any part of the building or by different users in the building; | | (iii) | the consumption of chilled water supplied to the cooling system of the building; | | (iv) | such other information relating to the building, the users of the building and their energy usage as the Commissioner of Building Control may specify in the notice; |
| | (b) | by written notice to a supplier of electricity, gas or any other type of energy (called in this section an energy supplier), require the energy supplier to provide the Commissioner of Building Control with information in the possession of the energy supplier relating to the energy consumption of any building or buildings specified in the notice; | | (c) | by written notice to a supplier of any cooling system to buildings, require that person to provide the Commissioner of Building Control with information specified in the notice relating to the supply of cooling systems by that person to any building or buildings. [22/2012] |
| (2) The person to whom a notice is directed under subsection (1) must provide the data required in the form and manner and within the time specified in the notice. [22/2012] |
| (3) Any person who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [22/2012] |
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