Changes to Building Control Act Passed in Parliament to Extend Environmental Sustainability Measures to Energy-Intensive Buildings

On 6 August 2024, the Building Control (Amendment) Bill (“Bill“) was introduced in Parliament. The Bill was subsequently passed by Parliament on 10 September 2024. The Bill will amend the Building Control Act 1989 (“Act“) for the following main purposes:

  1. to expand the existing regime in Part 3B of the Act relating to environmental sustainability measures for existing buildings; and
  2. to regulate façade inspections within the meaning of Part 5 of the Act.

The amendments follow the announcement made by the Building and Construction Authority (“BCA“) on 2 March 2023 regarding the introduction of the Mandatory Energy Improvement (“MEI“) regime by the end of 2024. Initially, the MEI regime will apply to the most energy-intensive commercial buildings, healthcare facilities, sports and recreation centres and institutional buildings with a gross floor area of 5,000 m2.

Currently, the existing regime in Part 3B of the Act only relates to environmental sustainability measures for buildings that undergo a major energy use change. The new regime, which will be added to Part 3B of the Act, involves identifying existing buildings which are energy-intensive buildings and requiring the owners of these energy-intensive buildings to make improvements to the energy efficiency of these buildings.

Under the Bill, the new regime requirements will consist of two components:

  1. Energy Audit. Building owners will be required to appoint a professional to review the major energy-consuming systems in their building, and identify possible measures to improve energy efficiency and optimise energy use. The audit report will also contain a cost-benefit analysis of the measures to help building owners in their decision making.

  2. Energy Efficiency Improvement Plan. Based on the audit findings, building owners will be required to develop and implement measures to improve their buildings’ energy use intensity (“EUI“). These measures can range from straight-forward low-cost maintenance measures, such as replacing faulty parts or sensors and installing monitoring instruments, to more complex retrofitting works. Building owners will be required to undertake the energy efficiency improvement measures within a stated timeframe and to maintain their EUI over a minimum stated period.

Failure to comply with the proposed energy audit and energy efficient improvement plan requirements will be an offence, punishable by way of substantial fines. Relevant building owners should be mindful of the need for energy optimisation and consider the necessary steps that they can take to minimise energy wastage.

Click on the following links for more information:


Disclaimer

Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.

The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.

Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.

CONTACTS

Head, Construction and Projects
+65 6232 0227
Singapore,
Head, Sustainability
+65 6232 0707
Brunei, Singapore,
Partner
+65 6232 0228
Singapore,
Partner, Rajah & Tann Singapore LLP
Chief Representative, Shenzhen Representative Office
+65 6232 0550
China, Singapore,

Country

EXPERTISE

SECTORS

Share

Rajah & Tann Asia is a network of legal practices based in Asia.

Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

This website is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this website.

© 2024 Rajah & Tann Asia. All Rights Reserved. All trademarks are property of their respective owners.