Statute Details
- Title: Fire Safety (Fire Certificate — Designated Buildings) Notification 2020
- Act Code: FSA1993-S766-2020
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Fire Safety Act (Cap. 109A), section 20(1)
- Enacting Minister: Minister for Home Affairs
- Commencement: 14 September 2020
- Citation: S 766/2020
- Key Provisions: Section 2 (designation of buildings); Section 3 (exempt buildings); Schedule (Part 2 list of designated buildings)
- Amendments Noted in Extract: Amended by S 494/2023 with effect from 31 December 2021 (affecting Section 3)
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Fire Safety (Fire Certificate — Designated Buildings) Notification 2020 is a Singapore subsidiary instrument made under the Fire Safety Act (Cap. 109A). In practical terms, it identifies certain categories of buildings that are “designated” to be subject to section 35 of the Fire Safety Act. Section 35, in turn, is the legislative mechanism that drives the fire certificate regime for designated buildings—typically involving requirements for the issuance, maintenance, and compliance with fire certification obligations.
While the Notification itself is short, it performs an important regulatory function: it translates the general framework in the Fire Safety Act into a targeted compliance obligation for specific buildings. The Notification does this by (i) designating buildings listed in the Schedule (Part 2), and (ii) creating limited exemptions for certain buildings even if they would otherwise fall within the designation.
From a practitioner’s perspective, the key legal work is not only reading the Notification’s text, but also understanding how it interacts with the Fire Safety Act—particularly section 35—and how the exemptions in section 3 carve out buildings occupied by certain public bodies, prisons/reformative training centres, and diplomatic/consular premises.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification of the instrument and states when it comes into operation. The Notification is cited as the Fire Safety (Fire Certificate — Designated Buildings) Notification 2020 and comes into force on 14 September 2020. This matters for compliance timing: if a building owner or occupier needs to know when the designation became effective, the commencement date is the starting point.
Section 2 (Application / designation) is the core operative provision. It states that every building in Part 2 of the Schedule is designated to be subject to section 35 of the Fire Safety Act. In other words, the Schedule is the “list” that determines which buildings are caught. The Notification does not, in the extract provided, reproduce the Schedule entries; however, the legal effect is clear: if a building falls within the Schedule’s Part 2 categories, it becomes subject to the fire certificate requirements under section 35.
Section 3 (Exempt buildings) then introduces a significant limitation. It begins with the phrase “Despite paragraph 2”, signalling that exemptions override the general designation. Section 3 provides that none of the following buildings are designated to be subject to section 35:
(a) Buildings occupied by the Monetary Authority of Singapore (MAS) or a Singapore public sector agency (as defined under section 2(1) of the Public Sector (Governance) Act 2018), but only where access is controlled. The exemption applies to buildings that are wholly or partly occupied by MAS or such agencies, provided that “where a person may not enter, or move within, without being escorted at all times” by an authorised person (either authorised by the occupying entity or by an entity responsible for security arrangements in that building). This is a functional exemption tied to security and controlled access.
(b) Buildings declared as a prison or reformative training centre by the Minister for Home Affairs under section 3 of the Prisons Act 1933. This reflects a legislative policy that prison/reformative training facilities are governed by a different operational and regulatory framework, and therefore are not designated for the fire certificate regime under section 35 by this Notification.
(c) Diplomatic premises defined under sub-paragraph (i) of Article 1 of the First Schedule to the Diplomatic and Consular Relations Act 2005.
(d) Consular premises defined under paragraph 1(j) of Article 1 of the Second Schedule to the Diplomatic and Consular Relations Act 2005.
These exemptions are significant because they align fire safety certification obligations with Singapore’s treaty and diplomatic/consular arrangements. In practice, diplomatic and consular premises often involve special legal considerations, and the exemption indicates the Notification’s intent not to impose the section 35 designation on those premises.
Amendment effect (S 494/2023, w.e.f. 31 December 2021): The extract indicates that the exemptions in section 3 were amended by S 494/2023 with effect from 31 December 2021. For legal work, this means practitioners should verify the current wording and ensure that any compliance assessment for periods after 31 December 2021 uses the amended exemption criteria. The “escorted at all times” access condition and the precise cross-references to the Public Sector (Governance) Act and Diplomatic and Consular Relations Act are particularly important for determining whether a building qualifies for exemption.
How Is This Legislation Structured?
The Notification is structured in a straightforward way:
Enacting Formula (not reproduced in full in the extract) states that it is made under the Minister’s powers conferred by section 20(1) of the Fire Safety Act.
Section 1 sets out citation and commencement.
Section 2 provides the designation rule: buildings in Part 2 of the Schedule are subject to section 35 of the Fire Safety Act.
Section 3 creates exemptions that operate “despite paragraph 2”.
The Schedule contains the substantive list of designated buildings. The extract indicates that the relevant designation is “Part 2 of the Schedule”. The Schedule is therefore essential to determine whether a particular building is caught by the Notification.
Who Does This Legislation Apply To?
The Notification applies to buildings—not directly to individuals. However, the practical compliance burden will fall on building owners, occupiers, and relevant responsible persons who must ensure that designated buildings meet the fire certificate requirements under section 35 of the Fire Safety Act.
In terms of scope, the Notification applies to buildings listed in Part 2 of the Schedule, subject to the exemptions in section 3. The exemptions are narrowly tailored and depend on the building’s occupancy and legal status:
- MAS and certain public sector agencies: exemption applies only where access is restricted such that persons cannot enter or move within without being escorted at all times by authorised personnel.
- Prisons and reformative training centres: exemption applies to buildings declared under the Prisons Act 1933.
- Diplomatic and consular premises: exemption applies to premises defined under the Diplomatic and Consular Relations Act 2005 schedules.
Accordingly, a practitioner should assess both (i) whether the building is within the Schedule’s Part 2 categories and (ii) whether any section 3 exemption condition is satisfied. If an exemption applies, the building is not designated to be subject to section 35 by virtue of this Notification.
Why Is This Legislation Important?
This Notification is important because it determines whether a building falls within a regulated fire certification pathway under the Fire Safety Act. For compliance teams, fire safety consultants, and legal advisers, the designation status can affect timelines, documentation, audit readiness, and the risk profile associated with fire safety enforcement.
From an enforcement perspective, the legal significance lies in the phrase “designated to be subject to section 35”. Once designated, the building becomes subject to the statutory obligations that attach to section 35. If a building is mistakenly treated as exempt when it is not, or if a building is treated as designated when an exemption applies, the consequences can include regulatory non-compliance, administrative action, and potential liability depending on the broader Fire Safety Act framework.
For practitioners, the exemptions in section 3 are also practically consequential. The MAS/public sector agency exemption is not a blanket exemption; it is conditioned on escorted access. This means that compliance analysis may require factual verification of security arrangements and access control practices. Similarly, the diplomatic/consular exemptions require careful legal classification under the Diplomatic and Consular Relations Act 2005 definitions. The prison/reformative training centre exemption depends on whether the building has been formally declared under the Prisons Act 1933.
Finally, the amendment history (S 494/2023 effective 31 December 2021) underscores the need for version control in legal research. A building’s compliance obligations may differ depending on whether the relevant period is before or after the amendment effective date.
Related Legislation
- Fire Safety Act (Cap. 109A) — in particular section 35 (fire certificate regime) and section 20(1) (power to make notifications)
- Prisons Act 1933 — section 3 (declaration of prisons/reformative training centres)
- Diplomatic and Consular Relations Act 2005 — definitions in the First and Second Schedules (Articles 1 and related provisions)
- Public Sector (Governance) Act 2018 — section 2(1) (definition of “public sector agency”)
Source Documents
This article provides an overview of the Fire Safety (Fire Certificate — Designated Buildings) Notification 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.