Codes of practice and specifications
Open ↗32.—(1) The Board may issue or approve and from time to time review —(a)
specifications for sewerage works, sewerage systems, earth retaining structures, sanitary facilities, sanitary appliances, drains, drainage works, silt control measures, stormwater drainage systems, flood protection measures, and works which are likely to affect any sewerage system, earth retaining structure, stormwater drainage system or flood protection measure; and[Act 38 of 2024 wef 01/03/2025]
(b)
codes of practice for professionals engaged in the design and construction of any of the matters referred to in paragraph (a).[10/2012]
(2) If any provision in any code of practice or specifications issued or approved by the Board under subsection (1) is inconsistent with any regulation made under this Act, the provision, to the extent of the inconsistency —(a)
has effect subject to the regulation; or
(b)
where appropriate having regard to the regulation, does not have effect.
(3) [Deleted by Act 38 of 2024 wef 01/03/2025]
Incorporation by reference
Open ↗32A.—(1) The regulations made under section 74 may apply, adopt or incorporate by reference —(a)
wholly or partially;
(b)
with or without any addition, omission or substitution; or
(c)
specifically or by reference,
any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under section 74 (called in this section the material), as in force or published at a particular time or as in force or published from time to time.
(2) The material mentioned in subsection (1) may be material issued by the Board, or material issued by any standards setting organisation, or other organisation or person.
(3) Any material applied, adopted or incorporated in the regulations by reference under subsection (1) is to be treated for all purposes as forming part of the regulations.
(4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person originating the material is to be treated as being a part of those regulations.
(5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Board must give notice in the Gazette stating —(a)
that the material is incorporated in the regulations, and the date on which the relevant provision in the regulations was made;
(b)
that the material is available for inspection, free of charge, and the place at which the material may be inspected;
(c)
that copies of the material can be purchased, and the place where the copies can be purchased; and
(d)
if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
(6) In addition, the Board must cause a copy of every material applied, adopted or incorporated in the regulations by reference under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.
(7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference under subsection (1) has no legislative effect.[Act 38 of 2024 wef 01/03/2025]
Advisory guidelines
Open ↗32B.—(1) The Board may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
(2) The advisory guidelines may —(a)
be of general or specific application; or
(b)
specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(3) The Board may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(4) Advisory guidelines issued or amended under this section do not have any legislative effect.[Act 38 of 2024 wef 01/03/2025]
Certificates or approval required for works
Open ↗33.—(1) Every application for a clearance certificate or for the approval of the Board for the purposes of section 11, 14, 23, 24 or 26 must be made in such form and manner as the Board may require.
(2) There is payable for the processing of every application mentioned in subsection (1) such fees as may be prescribed.
(3) Every applicant for a clearance certificate or the approval of the Board must submit plans of the works to which the application relates in such form and manner as the Board may require to such filing authority as the Board may designate.
(4) The Board may require the plans mentioned in subsection (3) —(a)
to be made by any of the following persons as the Board may decide:(i)
a qualified person whose qualifications the Board considers are appropriate to the works to which the application relates;
(ii)
a licensed plumber; and
(b)
to show such details or specifications as the Board may determine.[11/2018]
(5) Upon receipt of an application mentioned in subsection (1), the Board may —(a)
where it has determined that a clearance certificate is required in respect of the works to which the application relates, issue or refuse to issue a clearance certificate in respect of those works; or
(b)
where it has determined that a clearance certificate is not required in respect of any particular works or class of works, grant or refuse to grant its approval in respect of those works.
(6) The Board may, before issuing a clearance certificate or granting its approval under subsection (5), give a direction in writing to the applicant to comply, within the time specified in the direction, with any requirements that it may specify for the purposes of this Act.
(7) In issuing a clearance certificate or granting its approval under subsection (5), the Board may impose any conditions that it thinks fit, including —(a)
a condition that only sanitary appliances, pipes and fittings of a type approved by the Board must be used;
(b)
the transfer of ownership to the Government, or the transfer of control, supervision or maintenance to the Board, of any drain or sewer constructed or installed under the clearance certificate or approval, and any other structure, appurtenance or apparatus that is constructed or installed in connection with the drain or sewer; and
(c)
the provision to the Board, whether by assignment or otherwise —(i)
of any warranty against defects that become apparent within the period specified in the condition, in the drain or sewer; and
(ii)
of any undertaking to make good any such defects at the costs and expenses of the person providing the warranty.[Act 38 of 2024 wef 01/03/2025]
(7A) A condition mentioned in subsection (7) may impose an obligation on or otherwise apply to a person other than the applicant, but the Board must serve a written notice of the condition on the person.[Act 38 of 2024 wef 01/03/2025]
(7B) Where a person contravenes a condition mentioned in subsection (7), the Board may —(a)
serve on the person a written notice to take any measures that the Board thinks necessary to comply with the condition or otherwise rectify the contravention; or
(b)
without affecting paragraph (a), serve on any of the following persons a written notice directing the person to make good any defects in the drain or sewer that would have been covered by any warranty or undertaking mentioned in subsection (7)(c):(i)
any person who constructed the drain or sewer;
(ii)
any person who caused the construction of the drain or sewer.[Act 38 of 2024 wef 01/03/2025]
(7C) All costs and expenses incurred by a person in complying with a written notice mentioned in subsection (7B) must be borne by the person.[Act 38 of 2024 wef 01/03/2025]
(7D) Any person who, without reasonable excuse, fails to comply with a written notice served on the person under subsection (7B) shall be guilty of an offence.[Act 38 of 2024 wef 01/03/2025]
(7E) Where a person on whom a written notice mentioned in subsection (7B) has been served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises at which the drain or sewer is located, enter the premises and execute any works and take any measures needed to secure compliance with the written notice but without affecting any proceedings that may be taken against that person under subsection (7D).[Act 38 of 2024 wef 01/03/2025]
(7F) Any expenses reasonably incurred by the Board under subsection (7E) may be recovered from the person who failed to comply with the notice served on the person under subsection (7B), and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.[Act 38 of 2024 wef 01/03/2025]
(7G) Nothing in this section prohibits the Board from making good any defects in the drain or sewer that would have been covered by any warranty or undertaking mentioned in subsection (7)(c), at the request of the person on whom the written notice was served, upon the person’s undertaking to pay the Board’s costs and expenses of making good the defects.[Act 38 of 2024 wef 01/03/2025]
(7H) Nothing in subsection (7G) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to make good the defects mentioned in that subsection.[Act 38 of 2024 wef 01/03/2025]
(8) Where any works in respect of which a clearance certificate has been issued under subsection (5), have been carried out, the Board may by written notice —(a)
require the qualified person that made the plans for the works to apply to the Board for a compliance certificate within the period and in the form and manner specified in the notice; and
(b)
if the qualified person fails to do so, require the person for whom the works were carried out to apply to the Board for the compliance certificate within the period and in the form and manner specified in the notice.[Act 38 of 2024 wef 01/03/2025]
(8A) To avoid doubt, the Board may serve more than one written notice under subsection (8) on the same person, so long as the compliance certificate has not been obtained in accordance with any written notice previously served on any person under that subsection.[Act 38 of 2024 wef 01/03/2025]
(8B) Any person who fails to comply with a written notice issued to the person under subsection (8) shall be guilty of an offence.[Act 38 of 2024 wef 01/03/2025]
(9) If, after considering the report and certificate submitted under section 35(1)(e) and (f), the Board is satisfied that the works have been completed in accordance with the plans submitted under subsection (3) and any conditions or requirements imposed by the Board under subsection (7) or (10), it may issue the compliance certificate subject to any conditions that it thinks fit.
(10) The Board may, before issuing a compliance certificate, give a direction in writing to the applicant to comply, within the time specified in the direction, with any requirements that it may specify for the purposes of this Act.
Supervision of works by qualified person
Open ↗34.—(1) A person must not commence or carry out any works for which a clearance certificate is required under this Act except under the supervision of a qualified person whose qualifications are appropriate to the nature of those works.[11/2018]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Duties of qualified person
Open ↗35.—(1) Every qualified person appointed to supervise any works for the purposes of section 34 must —(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the works to ensure that those works are carried out in accordance with this Act, with the plans submitted under section 33(3) and with any condition imposed by the Board under that section;
(b)
notify the Board of any contravention of the provisions of this Act pertaining to the works;
(c)
keep and maintain at the premises on which works are carried out such documents, books and records as may be prescribed;
(d)
carry out such inspection of the works as the Board may require;
(e)
submit to the Board at the prescribed times such reports and certificates as may be prescribed; and
(f)
on completion of the inspection mentioned in paragraph (d), submit to the Board a certificate containing such particulars as the Board may require.[8/2001]
(2) Any qualified person who contravenes any of the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
(3) In any prosecution against a person for an offence under subsection (1)(b), it is a defence for the person to prove to the satisfaction of the court that the person could not reasonably have discovered the contravention referred to in the charge.
(4) Any qualified person who —(a)
being required by this Act to make or produce to the Board any plan, declaration, certificate, report, record, notice or other document; or
(b)
for the purpose of obtaining any certificate or approval from the Board under this Act or of establishing any fact relevant to the administration of this Act,
makes or produces any plan, declaration, certificate, report, record, notice or other document which —
(c)
is false in a material particular;
(d)
has not been made by the person by whom it purports to have been made; or
(e)
has been in any way altered or tampered with,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
[8/2001]
(5) If any qualified person appointed for the purposes of section 34 becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under the Building Control Act 1989 or this Act, he or she must, within 14 days of ceasing to carry out his or her duties, notify the Board of the fact.
Directions to qualified persons
Open ↗36.—(1) Where the Board is of the opinion that a qualified person has contravened, or is likely to have contravened, any requirement imposed by or under this Act, the Board may give a direction, verbally or in writing, to any person specified in subsection (2), and the person must comply with the direction.[11/2018]
(2) The persons specified for the purposes of subsection (1) are —(a)
the qualified person;
(b)
if the Board is of the opinion that the qualified person is incapable of carrying out any requirement specified in the Board’s direction, another qualified person;
(c)
where the contravention or likely contravention relates to any stormwater drainage system, drain, flood protection measure, sewerage system or sanitary facilities at any premises — the owner or occupier of the premises;[Act 38 of 2024 wef 01/03/2025]
(ca)
where the contravention or likely contravention relates to any stormwater drainage system, drain, sewerage system or sanitary facilities or any part thereof at any premises that —(i)
is connected to any other premises; and
(ii)
serves the drainage or sewerage needs of the other premises,
the owner or occupier of the other premises;
[Act 38 of 2024 wef 01/03/2025]
(cb)
where the contravention or likely contravention relates to any drainage reserve — the owner or occupier of the premises of which the drainage reserve forms a part; or[Act 38 of 2024 wef 01/03/2025]
(d)
any person authorised to construct, alter or demolish the stormwater drainage system, drain, sewerage system or sanitary facilities, or authorised to carry out works in the drainage reserve or at the reservoir.[11/2018]
[Act 38 of 2024 wef 01/03/2025]
(3) A direction given under subsection (1) —(a)
may require the person specified in subsection (2) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction;
(b)
is to take effect at such time, being the earliest practicable time, as is determined by or under that direction; and
(c)
may be revoked at any time by the Board.[11/2018]
(4) The Board is not liable for any cost or expense incurred by any person specified in subsection (2) in complying with any direction given by the Board under this section.[11/2018]
(5) Where a qualified person receives a direction from the Board under this section, the qualified person must notify the owner or occupier specified in subsection (2)(c) of the direction.[11/2018]
(6) Any person to whom a direction is given under this section who fails to comply with the direction shall be guilty of an offence.[11/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
