s 33 Certificates or approval required for works
33.—(1) Every application for a clearance certificate or for the approval of the Board for the purposes of section 11, 14, 23, 24, 26, 30F, 30H or 30N must be made in such form and manner as the Board may require.[Act 8 of 2026 wef 29/05/2026] (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; (aa) a condition for the submission to the Board (at the time specified in the condition) of a statement setting out the method by which the works will be carried out under the clearance certificate, which is acceptable to the Board;[Act 8 of 2026 wef 29/05/2026] (ab) a condition for the works to be carried out in accordance with the method statement accepted by the Board;[Act 8 of 2026 wef 29/05/2026] (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. (11) Where —(a) the Board has granted its approval under subsection (5) for any works pursuant to section 30F or 30H; and (b) the works have been carried out, the owner of the prescribed place must obtain a completion certificate from the Board for the works. [Act 8 of 2026 wef 29/05/2026] (12) For the purpose of subsection (11), the Board may require the owner of the prescribed place to submit to it any information and documents that the Board may specify.[Act 8 of 2026 wef 29/05/2026] (13) Where an application is made to the Board for a compliance certificate under subsection (8) or a completion certificate under subsection (11), the Board must process the application and (if it decides to do so) issue the relevant certificate without undue delay.[Act 8 of 2026 wef 29/05/2026]