Infrastructure Protection Act | The New Regulatory Framework for Security-by-Design

08 Mar 2018 LegisWatch

The Infrastructure Protection Act ("IPA") was passed by Parliament on 2 October 2017 and, among other things, creates a new regulatory framework for the incorporation of security-by-design in designated developments and buildings. The new framework sets out the requirements and processes for building owners and developers who fall within its regulatory scope to incorporate security plans in the development and redevelopment of infrastructure. In particular:

  • The IPA will ensure that critical infrastructure, buildings with high public footfall and iconic buildings are designed with security considerations taken into account. The IPA will require such buildings to undergo a security-by-design process before construction or renovation.

  • The IPA will also allow authorities to issue directives and orders to protect other buildings in Singapore. For buildings which are not required to implement security-by-design, the IPA enables the Ministry of Home Affairs ("MHA") to introduce or to issue directives for owners or occupiers to put in place appropriate security measures. In the event of an imminent security threat, emergency orders may also be issued to protect these buildings.

The new legislation comes against a backdrop of modernisation and renewal in security-related measures including the recent passage of the Cybersecurity Act.

While the IPA has yet to come into operation, Parliamentary speeches have already set out the potential designation criteria in broad strokes. Interested parties including developers, existing building owners and managers intending to conduct renovations and extensions to their buildings, and acquirers of existing buildings, should take heed of any potential designation, the obligations imposed upon designation, and how these obligations should factor into business decisions.

This Update focuses on the following aspects of the IPA which interested parties should be aware of:

  • differences between "Special Developments" and "Special Infrastructures";

  • criteria for designation; and

  • obligations post-designation in relation to security-by-design.

If you have any queries or would like to know more about how these changes may impact you, please contact:

Dorothy Marie NG
Head – Corporate Real Estate Practice
d +65 6416 2408
Click here to see Dorothy’s CV.

TAY Peng Cheng
Joint Head – Energy, Projects & Construction Practice
d +65 6416 8121
Click here to see Peng Cheng's CV.