Written Answer

Exemptions Granted and Enforcement Actions Taken for Non-compliance with Code on Accessibility in Built Environment

Speakers

Summary

This question concerns Mr Ong Hua Han's inquiry into non-compliance with the Code on Accessibility in the Built Environment and enforcement actions taken by the Building and Construction Authority. Minister for National Development Desmond Lee reported that over 80% of projects from 2019 to 2023 were fully compliant, with an average of 160 annual exemptions granted due to technical constraints. These waivers undergo stringent evaluation and require mitigating measures, while buildings failing to comply without a waiver are denied a Temporary Occupation Permit or Certificate of Statutory Completion. Minister for National Development Desmond Lee noted that such buildings cannot be legally used until they meet the required accessibility standards.

Transcript

39 Mr Ong Hua Han asked the Minister for National Development for each year from 2019 to 2023 (a) how many buildings have not complied with the Code on Accessibility in the Built Environment; (b) how many exemptions to the requirements have been granted; and (c) what enforcement action does BCA take for non-compliance of the Code on Accessibility in the Built Environment.

Mr Desmond Lee: From 2019 to 2023, more than 80% of new buildings that were completed and existing buildings undergoing addition and alteration (A&A) works that require plan submission to the Building and Construction Authority (BCA) have fully complied with the prevailing Code on Accessibility in the Built Environment (Code). On average, BCA has exempted about 160 buildings per year from full compliance with the Code, through waivers or modifications to the requirements, due to technical constraints that make complying with the full requirements impractical.

Applications for waivers or modification of requirements undergo a stringent evaluation process to ensure that the buildings remain largely accessible. For example, BCA may require building owners to provide mitigating measures, such as alternative access provisions for persons with disabilities. Approvals for waivers or modifications are also typically granted only for specific building areas or features and not the entire building.

Buildings that do not comply with the Code and are not granted waivers or modifications by BCA, will not be issued with a Temporary Occupation Permit and/or a Certificate of Statutory Completion and cannot be used by occupants.