Section 22FX — Submission of design score for Type 2 building undergoing major energy use change

(1)An owner of any Type 2 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;[Act 28 of 2024 wef 30/09/2025]

(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] [Act 28 of 2024 wef 30/09/2025]

(2)Subject to subsection (5), the Commissioner of Building Control must not approve the design score in relation to a Type 2 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] [Act 28 of 2024 wef 30/09/2025]

(3)Upon receiving the submission of a design score relating to a Type 2 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[Act 28 of 2024 wef 30/09/2025]

(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] [Act 28 of 2024 wef 30/09/2025]

(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 Type 2 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] [Act 28 of 2024 wef 30/09/2025]

(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 Type 2 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;[Act 28 of 2024 wef 30/09/2025]

(b)assess the design score for the major energy use change to the building in the manner prescribed; and[Act 28 of 2024 wef 30/09/2025]

(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] [Act 28 of 2024 wef 30/09/2025]

(8)Any owner of a Type 2 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] [Act 28 of 2024 wef 30/09/2025]

(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] [Act 28 of 2024 wef 30/09/2025]