Building Control (Environmental Sustainability Measures for Existing Buildings) Regulations 2013

No. S 383

Building Control Act

(CHAPTER 29)

Building Control
(Environmental Sustainability Measures for
Existing Buildings) Regulations 2013

In exercise of the powers conferred by section 49 of the Building Control Act, the Minister for National Development hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Building Control (Environmental Sustainability Measures for Existing Buildings) Regulations 2013 and shall come into operation on 1st July 2013.

Definitions

2.—(1)  In these Regulations —

“airport services and facilities” has the same meaning as in section 2(1) of the Civil Aviation Authority of Singapore Act 2009;

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“Code” means the Code on Environmental Sustainability Measures for Existing Buildings issued by the Building and Construction Authority;

“electronic service” means the electronic service specified by the Commissioner of Building Control for the purpose of submitting any form or other document required to be submitted to the Commissioner under these Regulations;

“Energy Audit Code” means the Code on Periodic Energy Audit of Building Cooling System issued by the Building and Construction Authority;

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“general industrial building” has the meaning given by rule 2 of the Planning (Use Classes) Rules (R 2);

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“industrial building” has the same meaning as in rule 2 of the Planning (Use Classes) Rules (R 2);

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“industrial retail building” has the same meaning as in rule 2 of the Planning (Use Classes) Rules;

“light industrial building” has the same meaning as in rule 2 of the Planning (Use Classes) Rules;

“MEI Code” means the Code on Mandatory Energy Improvement for Existing Buildings issued by the Building and Construction Authority;

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“port services and facilities” has the same meaning as in section 2 of the Maritime and Port Authority of Singapore Act 1996;

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“railway premises” has the same meaning as in section 2 of the Rapid Transit Systems Act 1995;

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“religious building” means a building approved for use under the Planning Act 1998 as a place of public worship or for the conduct of religious studies, teaching or talks;

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“serviced apartments” means a residential building comprising non-strata subdivided apartments that —

(a) provide self-contained accommodation for tourists or visitors; and

(b) are regularly cleaned by or on behalf of the proprietor or manager of the building;

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“special industrial building” has the same meaning as in rule 2 of the Planning (Use Classes) Rules.

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(2)  The definitions in section 22FA of the Act apply to these Regulations.

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Meaning of “gross floor area”

2A.—(1)  For the purposes of the definition of “gross floor area” in section 22FA of the Act, the following floor spaces of a building are prescribed:

(a) all covered floor space (whether within or outside a building and whether or not enclosed) measured —

(i) up to the middle of the external walls; and

(ii) if there is a party wall — up to that part of the party wall that is part of the building;

(b) the floor space in an open area used as a beer garden, a drive-in, an eating area or for other similar commercial purposes;

(c) the floor space in any outdoor area (whether covered or otherwise) that is approved by the competent authority as a balcony, private enclosed space or private roof terrace in a building (not being a landed dwelling-house) in the grant of planning permission or conservation permission;

(d) any space (whether covered or otherwise and whether or not enclosed) which is or is to be comprised in the strata area of a building that is comprised or is to be comprised in a strata title plan under the Land Titles (Strata) Act 1967.

(2)  For the purposes of the definition of “gross floor area” in section 22FA of the Act, the prescribed excluded area is any area (whether covered or otherwise) specified as being excluded from the determination of gross floor area for the purpose of development control in the Gross Floor Area Handbook that is —

(a) issued by the Urban Redevelopment Authority established by section 3 of the Urban Redevelopment Authority Act 1989; and

(b) made available on its Internet website at https://www.ura.gov.sg/.

(3)  In paragraph (1) —

“competent authority”, “conservation permission” and “planning permission” have the meanings given by section 2 of the Planning Act 1998;

“landed dwelling-house” and “strata area” have the meanings given by rule 2 of the Planning (Development) Rules 2008 (G.N. No. S 113/2008).

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PART II

ENVIRONMENTAL SUSTAINABILITY MEASURES

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Division 1 — General

Type 1 buildings

2B.  For the purposes of Divisions 2, 3 and 4 of Part 3B of the Act, a Type 1 building is a building (whether or not served by a prescribed cooling system) with a gross floor area of 5,000 m² or more, other than the following buildings:

(a) a building that is used primarily as a data centre;

(b) a building that is used as railway premises;

(c) a building that is used to provide airport services and facilities;

(d) a building that is used to provide port services and facilities;

(e) a general industrial building;

(f) a light industrial building;

(g) a religious building;

(h) a residential building;

(i) a special industrial building;

(j) a utility building.

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Type 2 buildings

3.—(1)  Each of the following is a Type 2 building for the purposes of Division 5 of Part 3B of the Act:

(a) a single-use building with a gross floor area of 5,000 m² or more, that is —

(i) not used for a Type A use or Type B use; and

(ii) not served by a large shared cooling system;

(b) a mixed-use building with a gross floor area of 5,000 m² or more, where —

(i) no part of the building is used for a Type A use or Type B use;

(ii) there is only one prescribed cooling system serving the building; and

(iii) the prescribed cooling system is not a large shared cooling system;

(c) all the parts of a mixed-use building X that are not used for a Type A use, where —

(i) the total gross floor area of the parts is 5,000 m² or more;

(ii) there is only one prescribed cooling system serving the parts;

(iii) the prescribed cooling system does not serve any part of the building used for a Type A use; and

(iv) the prescribed cooling system is not a large shared cooling system;

(d) each single-use part of a mixed-use building Y, where the single-use part —

(i) is not used for a Type A use;

(ii) has a gross floor area of 5,000 m² or more; and

(iii) is served by one or more prescribed cooling systems, all of which serve the single-use part exclusively;

(e) a building served by a large shared cooling system where —

(i) no part of the building is used for a Type A use or Type B use; and

(ii) no part of the other buildings served by the large shared cooling system is used for a Type A use or Type B use.

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(2)  In this regulation —

“large shared cooling system” means a prescribed cooling system specified in regulation 4 that serves 2 or more buildings with a total gross floor area of 5,000 m² or more;

“mixed-use building X” means a mixed use building where —

(a) no part of the building is used for a Type B use; and

(b) part of the building is used for a Type A use;

“mixed-use building Y” means a mixed-use building —

(a) where no part of the building is used for a Type B use;

(b) where part of the building may be used for a Type A use;

(c) that comprises 2 or more single-use parts;

(d) that is served by more than one prescribed cooling system; and

(e) where none of the prescribed cooling systems serving the building is a large shared cooling system;

“single-use part”, in relation to a mixed-use building Y, means all the parts of the mixed-use building Y that are used for the same type of use;

“Type A use”, in relation to a building, means use of the building —

(a) as a data centre;

(b) as a religious building;

(c) as a residential building (other than serviced apartments); or

(d) as a utility building;

“Type B use”, in relation to a building, means use of the building —

(a) as an industrial building, an industrial retail building, a light industrial building or a special industrial building;

(b) as railway premises;

(c) to provide airport services and facilities; or

(d) to provide port services and facilities.

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Division 2 — Energy-intensive buildings

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Prescribed methodology in definition of “energy use intensity”

3A.  For the purposes of the definition of “energy use intensity” in section 22FA of the Act, the methodology for calculating the annual energy consumption is as specified in the MEI Code.

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Prescribed threshold level of energy use intensity in definition of “energy use intensity threshold”

3B.  For the purposes of the definition of “energy use intensity threshold” in section 22FA of the Act, the threshold level of energy use intensity is as specified in the First Schedule.

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Prescribed percentage of reduction in energy use intensity in definition of “specified reduction”

3C.  For the purposes of the definition of “specified reduction” in section 22FA of the Act, the percentage of reduction in energy use intensity is 10%.

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Prescribed period for reporting energy use

3D.  For the purposes of section 22FF(1) of the Act, the prescribed period is the period of 12 months starting 1 January and ending 31 December (both dates inclusive) in any year.

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Prescribed grounds for not issuing MEI audit notice, etc.

3E.  For the purposes of sections 22FJ(2)(b)(i) and 22FK(2)(a) of the Act, the prescribed grounds on which the Commissioner of Building Control may choose not to issue, or to cancel, an MEI audit notice in relation to a Type 1 building, are as follows:

(a) the Type 1 building is being redeveloped or is scheduled to be redeveloped within 5 years;

(b) the Type 1 building is undergoing a major energy use change under Part 3B of the Act, or has undergone a major energy use change under Part 3B of the Act (whether before, on or after 30 September 2025) within the past 3 years;

(c) the Type 1 building is undergoing the installation, substantial alteration or replacement of a cooling system or other system with high energy consumption (whether or not amounting to a major energy use change);

(d) the energy use intensity of the Type 1 building for any one of the preceding 3 years does not exceed the energy use intensity threshold.

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Prescribed manner of carrying out energy audit, etc.

3F.—(1)  For the purposes of section 22FN(1)(a)(i) of the Act, the prescribed manner to carry out an audit on the energy use of a Type 1 building is as specified in the MEI Code.

(2)  For the purposes of section 22FN(1)(a)(ii) of the Act —

(a) the following cooling systems or other systems with high energy consumption are prescribed for a Type 1 building:

(i) an air-handling system;

(ii) a centralised hot water system;

(iii) a chilled water plant;

(iv) a unitary air-conditioning system; and

(b) the prescribed manner to carry out an audit on the energy use of a system mentioned in sub-paragraph (a) is as specified in the MEI Code.

(3)  For the purposes of section 22FN(1)(a)(iii) of the Act —

(a) the following cooling systems or other systems with high energy consumption are prescribed for a Type 1 building:

(i) an air-handling system;

(ii) a chilled water plant; and

(b) the prescribed manner to carry out an audit on the energy efficiency of a system mentioned in sub-paragraph (a) is as specified in the MEI Code.

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Prescribed period to carry out energy efficiency improvement plan

3G.  For the purposes of section 22FQ(1) of the Act, the prescribed period to carry out an energy efficiency improvement plan is 3 years from the date that the plan is submitted to the Commissioner of Building Control under section 22FO(2) of the Act.

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Prescribed maintenance period for reduction in energy use intensity

3H.  For the purposes of section 22FT(2)(a) of the Act, the prescribed maintenance period to maintain the specified reduction or approved reduction in energy use intensity in relation to a Type 1 building is one year after the date that the certificate of completion (certifying that the measures in the energy efficiency improvement plan have been carried out and completed and the specified reduction or approved reduction in energy use intensity for the Type 1 building has been achieved) is submitted to the Commissioner of Building Control under section 22FQ(1)(b)(i) of the Act.

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Division 3 — Major energy use change

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Prescribed cooling systems

4.  Each of the following shall be a prescribed cooling system for the purposes of the definition of “major energy use change” in section 22FA of the Act:

(a) water-cooled chiller;

(b) air-cooled chiller.

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Minimum environmental sustainability standard

5.  The minimum environmental sustainability standard for a Type 2 building shall be —

(a) an environmental sustainability score of not less than 50 points, calculated using the scoring methodology specified in the Code; and

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(b) such other requirements as may be specified in the Code.

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Design score for major energy use change to Type 2 building

6.—(1)  A mechanical engineer appointed by the owner of a Type 2 building under section 22FX(1)(a) of the Act shall assess the design score for any major energy use change to the building in the manner specified in the Code.

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(2)  The owner of the Type 2 building shall submit to the Commissioner of Building Control (for approval) the design score assessed by the mechanical engineer —

(a) in the form set out at the Internet website of the Building and Construction Authority at http://www.bca.gov.sg; and

(b) by hand or using the electronic service.

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(3)  The submission under paragraph (2) shall be accompanied by —

(a) the declaration provided by the mechanical engineer to the owner under section 22FX(7)(c)(ii) of the Act;

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(b) such other documents as may be specified in the Code; and

(c) the appropriate fee specified in the Second Schedule.

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Lapsing of approval of design score

7.  Any approval of a design score for a major energy use change to a Type 2 building granted by the Commissioner of Building Control under section 22FX of the Act shall lapse if no works in respect of that major energy use change have commenced within one year after the date of the approval.

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As-built score of Type 2 building

8.—(1)  A mechanical engineer appointed by the owner of a Type 2 building under section 22FX(1)(a) or 22FZA(5)(a) of the Act shall assess the as-built score of the building in the manner specified in the Code.

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(2)  The owner of the Type 2 building shall, within 30 days after the date of completion of the major energy use change to the building, submit to the Commissioner of Building Control —

(a) the as-built score assessed by the mechanical engineer;

(b) a declaration by the mechanical engineer certifying the correctness of the as-built score;

(c) a declaration by the mechanical engineer whether the as-built score meets the minimum environmental sustainability standard applicable to the building; and

(d) such other documents as may be specified in the Code.

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(3)  Each of the documents required to be submitted to the Commissioner of Building Control under this regulation shall be submitted —

(a) in the form set out at the Internet website of the Building and Construction Authority at http://www.bca.gov.sg; and

(b) by hand or using the electronic service.

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PART III

ENERGY AUDITORS AND ENERGY AUDITS OF BUILDING COOLING SYSTEMS

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Energy audit in accordance with Energy Audit Code

9.—(1)  The prescribed energy efficiency standard applicable to a cooling system of a Type 2 building referred to in section 22FZB of the Act shall be the energy efficiency standard specified in the Energy Audit Code.

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(2)  Any specified individual appointed under section 22FZB(3)(a) of the Act to carry out an energy audit of a cooling system of a Type 2 building shall carry out the energy audit in the manner specified in the Energy Audit Code.

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Qualifications and experience of energy auditor

10.—(1)  An individual shall be eligible to be registered, or to renew his registration, as an energy auditor under section 22FC of the Act if he holds such relevant qualifications as may be specified in the Energy Audit Code or MEI Code.

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(2)  When considering an application to be registered as, or to renew the registration of, an energy auditor under section 22FC of the Act, the Commissioner of Building Control —

(a) shall have regard to whether the applicant has acquired such relevant experience as may be specified in the Energy Audit Code or MEI Code; and

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(b) may require the applicant to undertake such examination or undergo such assessment as the Commissioner of Building Control may consider necessary,

for the purpose of ascertaining whether the applicant is capable of carrying out the duties of an energy auditor.

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Application fee for registration as energy auditor

11.  For the purposes of section 22FC(2)(c)(ii) of the Act, the application fee for an application to be registered as, or to renew the registration of, an energy auditor is specified in the Second Schedule.

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Prescribed reason for cancellation or suspension of registration of energy auditor

12.  The Commissioner of Building Control may cancel or suspend the registration of an energy auditor under section 22FD(1) of the Act by reason of any breach by the energy auditor of any of the conditions of his registration.

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PART IV

MISCELLANEOUS

No refund of fees

13.  Any fee paid to the Commissioner of Building Control under these Regulations in respect of any application shall not be refunded if —

(a) the application is withdrawn, disapproved, deemed to be disapproved under section 22FX(4) of the Act or not granted;

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(b) in the case of an application for the approval of a design score under section 22FX of the Act, the approval of the application is revoked under section 22FZ(2) of the Act or lapses under regulation 7; or

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(c) in the case of an application to be registered as, or to renew the registration of, an energy auditor under section 22FC of the Act, the registration is cancelled or suspended under section 22FD of the Act.

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FIRST SCHEDULE

Regulation 3B

Energy use intensity threshold

1. The threshold level of energy use intensity for a building that has one category of building use is as follows:

Building use	Threshold level of energy use intensity (kWh/m2/year)
A. Commercial buildings
1. Hotel building	310
2. Office building	200
3. Retail building	495
B. Healthcare facilities
4. Hospital or specialist clinic	360
5. Nursing home	120
6. Polyclinic or private clinic	190
C. Institutional buildings
7. Autonomous university	190
8. Civic building	195
9. Community institution	155
10. Cultural institution	270
11. Other educational institution	130
D. Sports and recreation centres
12. Recreation club	275
13. Sports centre	180
E. Other energy uses
14. Data centre operations	6595
15. Laboratory operations	560

2. The threshold level of energy use intensity for a building that has mixed categories of building use is the sum of the threshold level of energy use intensity for each of the categories of building use (as specified in paragraph 1) pro-rated in proportion to the percentage of gross floor area of the building that is used for that category of building use.

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SECOND SCHEDULE

Regulations 6(3)(c) and 11

Fees

1. Application for the approval of a design score for a major energy use change to a Type 2 building		$8,900 for the first 15,000 square metres (or part thereof), and $0.15 for every subsequent square metre (or part thereof), of the gross floor area of the Type 2 building
2. Application to be registered as an energy auditor		$150
3. Application to renew registration of an energy auditor		$150.

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Made this 27th day of June 2013.

BENNY LIM

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND202/1-19 V13; AG/LLRD/SL/29/2011/5 Vol. 1]

(To be presented to Parliament under section 52 of the Building Control Act).