Building And Related Works (Miscellaneous Amendments) Bill 2023
Jul 4, 2023
2nd READING ROUND-UP SPEECH BY MR TAN KIAT HOW,
SENIOR MINISTER OF STATE FOR NATIONAL DEVELOPMENT
4 JULY 2023
1. Madam Deputy Speaker, I would like to thank Mr Leon Perera, Mr Henry Kwek and Mr Louis Ng for their support for the Bill, and the new CORENET X system.
2. Let me now address some issues that they have raised earlier.
Redesigned Regulatory Processes
3. I will start with the points regarding the redesigned regulatory process under CORENET X.
4. To recap, there will be three key submission gateways at the design, construction, and occupation and completion phases.
a. At each gateway, project teams will need to consolidate the critical project requirements and submit them for approval.
b. Agencies will then work together to provide a consolidated and coordinated response to project teams. Project teams can then proceed with the relevant works after each gateway is cleared.
c. This streamlined process will minimiseabortive works later, by ensuring that key parameters associated with each gateway are jointly reviewed by agencies, before works proceed.
5. So, for the specific examples Mr Louis Ng has raised, the design certificates under the Environmental Protection and Management Act (EPMA) and Environmental Public Health Act (EPHA), and the provisional permission under the Planning Act, would only be granted after agencies have jointly assessed that the key environmental and planning parameters for the project are in order at the Design Gateway.
a. This would give project teams greater assurance to commence some preliminary works, without needing to wait for agencies’ approvals of the detailed building design at the Construction Gateway.
6. Mr Ng also asked about the lodgment scheme under the Building Control Act (“BC Act”).
a. This is a business-friendly measure that will provide the industry with expedited approvals for less complex, lower risk building works.
b. BCA has observed that the plans submitted by QPs for such works today are usually in order, and downstream rectification works are not likely to be required.
c. That said, the Commissioner of Building Control may still require the plans to be submitted for approval if he or she views that they are not fully compliant. This provides a safeguard in the event that certain plans will require more detailed review.
7. Mr Henry Kwek asked if there would be delays due to the consolidated approvals from agencies at the various gateways.
a. On the contrary, this new process should help project teams save time.
b. As mentioned, this should reduce abortive works, as agencies would jointly review the plans and resolve any conflicts upfront. QPs would no longer need to keep adjusting their plans, to reconcile and address different requirements from different agencies at multiple points of the approval process.
8. In addition, we will establish service standards to ensure that agencies provide timely responses to project teams at each gateway.
a. At the Design and Construction Gateways, agencies are expected to respond within 20 working days for most submissions.
b. At the Occupancy Permit and Statutory Completion Gateway, agencies are expected to respond to applications for Temporary Occupation Permits (TOP) and Certificates of Statutory Completion (CSC) within seven working days from the date of their respective inspections.
Measures to Ensure a Smooth Transition
9. Let me move on to the implementation of CORENET X.
10. I fully agree with Mr Kwek that CORENET X involves significant changes, both for agencies and the industry. Hence, we will need to ensure a smooth transition from the existing CORENET platform.
a. That is why we have worked with the industry on sandbox projects, to test out and refine the new features and processes.
b. We will onboard users in phases and roll out features progressively, and make adjustments as necessary.
c. We will first work with partner firms to test out the new features from the soft launch in December 2023, before gradually accepting more submissions on a voluntary basis.
d. Agencies will also provide helpdesk support as CORENET X is progressively rolled out.
11. We are also paying attention to the needs of our SMEs, as mentioned by Mr Kwek. In particular, we are helping them make the shift from 2D submissions to Building Information Modelling (BIM) submissions.
a. As mentioned earlier, local SMEs will be able to receive co-funding support for BIM authoring solutions and training programmes for CORENET X under the Productivity Solutions Grant (PSG).
b. We plan to implement this PSG support within the next few months. I encourage our SMEs to tap on the support available, and start your BIM journey as soon as possible.
Other Clarifications
12. Let me now touch on the remaining points raised by Mr Louis Ng. First, on the new Section 20(1A) of the Building Control Act.
a. This provision allows for an accused to argue that they reasonably believed that the plans lodged were compliant with the necessary requirements.
b. In each case, whether the defence is made out would depend on the specific facts, such as the qualifications and experience of the accused, the nature of the work, and other relevant factors.
13. Second, on the new Section 33H of the EPMA.
a. This provision stipulates that it is an offence to carry out controlled works that deviate in any material way from approved plans.
b. The intent is to ensure that the works are carried out according to approved plans in order to prevent pollution.
c. NEA will determine whether to pursue any enforcement action based on the facts of each case. Whether a deviation is considered material would depend on the circumstances of the case including, but not limited to, prevailing requirements under NEA’s codes of practice and legislation.
14. Both BCA and NEA will conduct formal investigations and examine the facts of the case carefully, before embarking on any enforcement action under these provisions.
15. Third, on the need for Environmental Impact Assessment (EIA) legislation. This is not within the scope of the Bill, but let me briefly clarify nonetheless.
a. Environmental considerations are already integrated into our planning process.
b. As part of the planning approval process, development projects near sensitive areas such as Nature Reserves, Nature Areas and other areas with significant biodiversity, marine, and coastal areas undergo in-depth consultation with relevant technical agencies on the expected impact on the environment.
c. If the impact on the environment could be significant, agencies will ask for an environmental study to assess in greater detail the full impact, and develop more mitigation measures to minimise the impact of the development.
d. EIA reports are also made publicly available online, unless there are reasons to maintain confidentiality, such as security considerations.
e. Projects are also subject to existing regulatory standards by various agencies, which developers should be aware of.
f. We will continue to study ways to enhance the EIA framework, such as the ongoing pilot to centralise the management of EIA consultancy services for HDB and JTC projects under NParks.
16. Let me now move on to Mr Leon Perera’s comments on migrant worker safety, this is also not within the scope of the Bill. But let me briefly respond.
a. The safety of our workers is a priority for all of us in the Built Environment sector. When accidents happen, there is opportunity for us to reflect, learn, see how we can do better as an industry, as a sector. Every fatality is a tragedy we hope to avoid for workplace building works.
b. This is in line with our efforts to transform the way we build. Many of our efforts under the refreshed Built Environment Industry Transformation Map (BE ITM) not only raise productivity, but also improve worker safety. For instance, using robotics and automation will reduce both the need for manual labour as well as the safety risks for workers. Our shift towards prefabrication using Design for Manufacturing and Assembly or DFMA, will move more construction work into factory-like settings. This can lead to better worker safety outcomes with fewer workers deployed on-site.
c. The Government will lead by example. As mentioned by the Multi-Agency Workplace Safety Taskforce (MAST) in May this year, agencies will place greater emphasis on safety considerations in tender requirements and evaluation.
d. Agencies also intend to implement sector-specific measures, such as improving the training for our workers, to improve safety outcomes. Many of the suggestions raised by Mr Perera have also been considered by the MAST taskforce. We will continue to see how we can improve and incorporate good practices, not just from overseas, but within our firms as well, to share with our industry partners.
e. That said, firms must take ownership and see worker safety as a core part of their operations. Individuals must also take responsibility for keeping themselves and fellow workers safe.
f. Together, we can all do our part to look after our migrant workers, and ensure their safety.
Conclusion
17. Madam Deputy Speaker, let me conclude by thanking the Members once again for their support for the Bill.
18. CORENET X is indeed a significant milestone for our BE sector.
a. We have been partnering the sector closely during its conceptualisation and development.
b. And we will continue to work with the sector, take in feedback, and help firms prepare for the shift to CORENET X.
19. The amendments under this Bill are necessary to implement CORENET X, which will deliver significant benefits for the industry and agencies.
20. Madam, I beg to move.