On 20 August 2024, the Building and Construction Authority (“BCA“) issued a Consultation Paper titled “Proposed Enhancements to Regulatory Regime for Supervision of Structural Works and Certification for Lifts and Escalators (“L&E“)”. The Consultation Paper seeks feedback on BCA’s proposals to implement a firm-based regulatory regime for L&E works. Under the new regime, the appointment of (i) a BCA-licensed firm (“Licensed Firm“), and (ii) individual professionals employed by Licensed Firms will be required for two types of works:
- the supervision of structural works with project value exceeding $75 million; and
- certification for L&E installed in or after 2010 (excluding vertical platform lifts, stair lifts, chair lifts, and home lifts) (“specified L&E“).
By way of background, the current regime requires the appointment of individual professionals to carry out supervision of structural works and certification for L&E. However, increasingly complex structural works and L&E mean that it is nearly impossible for an individual to have the necessary specialised inter-disciplinary competencies and the resources to facilitate collaboration between multiple professionals.
To address this, the Consultation proposes to implement the firm-based regulatory regime for the two types of works. The duties under the new regime are set out as follows:
Stakeholder | Duties |
Developer or builder of building works with value exceeding $75m |
Note: Both QPs and site supervisors must be full-time employees of the appointed firm. |
Owner of specified L&E |
Note: such personnel must be full-time employees of the appointed firm. |
Licensed Firm |
|
Individual personnel |
|
Directors of Licensed Firms | Can be held responsible for offences committed by the Licensed Firm under the Act, unless they can prove it was committed without their consent or connivance and was not due to their neglect |
Licensing requirements
A firm seeking to be a Licensed Firm must possess:
- the required specialised competencies and resources (e.g. relevant governance, processes and quality assurance systems);
- structured training and career progression programs; and
- valid licences from the Professional Engineers Board and accreditation from the Singapore Accreditation Council.
Additional details are found in Annex C of the Consultation Paper.
If Licensed Firms fail to meet licensing conditions, BCA may impose financial penalties, require corrective actions, vary or impose licensing conditions, or revoke or suspend the licence.
The consultation will close on 20 October 2024.
Click the following link for more information:
- REACH Public Consultation titled “Proposed Enhancements to Regulatory Regime for Supervision of Structural Works and Certification for Lifts and Escalators” (available on the REACH website at www.reach.gov.sg)
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.
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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.
