BUILDINGS ORDINANCE & ITS

ADMINISTRATION PROCEDURES

Building Control in Hong Kong

Mr. C.W.FONG

Objectives

1. Explain the roles of Buildings Ordinance in Building

Control.
2. Demonstrate the duties and works of various
sections of Buildings Department.
3. Briefing the objectives of the relevant ordinance and
legislation background

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 Building Authority

Section 2(1) of Buildings Ordinance :

- “Building Authority – BA” means the Director of Buildings.
- The present Director is Mr. Hui Siu Wai and the Deputy
Director is Mr. Cheung Tin-cheung

Section 2(2) of Buildings Ordinance :

- The duties imposed on and the powers granted to the
Building Authority may be carried out and exercised by
an officer of any Department of the Government
specified in the Fourth Schedule who is authorized by
the Director of Buildings either generally or particularly
and subject to his instructions.

Fourth Schedule

1. Housing Department
2. Buildings Department
3. Architectural Services Department
4. Civil Engineering and Development Department (CED)
5. (L.N. 104 of 2004) (Territory Development Department)
6. Highways Department
7. Drainage Services Department

4
 Role of Buildings Department
1. To make the built environment safe and healthy for the
community.
2. To set and enforce safety, health and environmental
standards for private buildings.
3. To administer Buildings Ordinance and offer professional
services in particular to :
- provide 24 hour service to phone enquiries on private
buildings (1823)
- provide emergency services on dangerous private buildings
and slopes
- review and set standards for building design and
construction
- vet building and structural plans for building development

Role of Buildings Department

3. To administer Buildings Ordinance and offer professional

services in particular to : (Cont’)
- inspect building works as per approved plans and
standards ;
- monitor construction sites for safety ;
- identify danger from buildings and slopes and take
remedial action ;
- remove dangerous advertisement signboards and
dangerous appendages ;

6
 Role of Buildings Department

3. To administer Buildings Ordinance and offer professional

services in particular to : (Cont’)

- combat and stop unauthorized building works

- abate sanitary nuisance from defective drains ;
- issue license or provide comment to licensing authority for
licensed premises such as restaurant, food business, school
and child care center
- prosecute and discipline offenders for breach of BO.
- promote timely building maintenance

Organization Chart of BD

Existing Building Mandatory Corporate

New Building Building Services
New Building Building Safety
Inspection (MBI) Legal Section
Works & A&A Slope Safety Division
Works Technical
Emergency Services MBIS Services
Licensing
Building Safety Fire Safety Section Section
Section
Loan Scheme Registration
Site Monitoring
Building Info. Center Minor Works &
Heritage
In-house Social Signboard
Section
Services Teams Control Section

Village House Research &

Section Development
Unit

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 Approved Building Works

*Minor Works Procedures

LEGAL
Building Works
*Designated Exempted Works

Exempted Works

Removal Order
Unauthorized
Building Works
(UBW)
Warning Notice

New Building Works

- BD controls all private building development in Hong Kong
under the Buildings Ordinance and allied legislation.

- Any person who intends to carry out building works is

required to appoint an AP/RSE/RGE to prepare and submit
plans for the approval of BA. He is required to appoint a
RGBC to carry out the building works.

- AP, RSE, RGE & RGBC have statutory responsibilities for

coordinating, supervising and carrying out building works
and submitting stability certificates and test reports. When
breach of statutory provision is identified, the BA may order
works to cease or to be remedied. Offenders are also liable
to prosecution or disciplinary proceedings.

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 New Building Works
- BA will check plans for compliance with the law and refer
them to other relevant Government departments for
examination in their areas of concern. This centralized
processing system ensure that all statutory standards,
safety and other requirements under law are met.

- AP should submit adequate nos. of plan to BD & required

information for the centralized processing system. (Details
please refer to PNAP No. ADM-2)

- Consent to commence building works is required from the

BA before the works start and BA will monitor sites with
works in progress and inspect sites regularly, particular at
critical stages, for safety assurance and for compliance with
statutory requirements under law. BA also make final checks
before issuing an occupation permit.
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New Building Works

Approval, Consent and Occupation of Building
- In view of public interest, BA assume curtail checking in all
stages of approval, consent, construction and
occupation of building.

- BA aims to ensure there is no contravention of the provisions

of the principal ordinance, regulations and other enactments
of which a breach would require resubmission of proposal.

- BA assumes considerable power to refuse approval /

consent under section 16 of Buildings Ordinance for
fundamental contravention. Other breaches of the
regulations may be corrected without holding up the
processing of the proposal are dealt with during construction
stages thus avoiding undue delay.
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 New Building Works

Construction Stage
- BA keeps a watching brief and monitoring the works by
system of inspection to ensure the carrying out of the
building works are according to approved plans and
compliance with ordinances and regulations.

Occupation of Building
- BA provides full inspection on completion of building works
before issuance of occupation permit / temporary occupation
permit.

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Alterations & Additions (A&A) Works

- Example of A&A works to existing building are :
* New extension block to an existing building
* Addition of floors or cocklofts to an existing building
* Construction of a swimming pool.
* Installation of cladding or curtain wall to the façade of
existing building
* Addition of water tanks, canopies and shelters.
* Any major structural alteration.

- AP / RSE should be appointed by law to prepare & submit

plans to BD for approval & consent application.
- RGBC should be employed to carry out the A&A works.

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 Licensing Section
- BD advises licensing authorities from building safety point
of view on the suitability of premises for uses such as
restaurants, non-purpose built school, child care center…etc.

- In processing restaurant, other food business premises and

place of public entertainment license applications, BD has
adopted streamlined procedures which rely to a great extent
upon self-regulation of authorized person (AP) and
registered structural engineer (RSE) in certifying compliance
with building safety requirements. In respect of restaurants
and non-purpose built schools, the role and requirements of
BD are included in the application guidelines in the websites
of FEHD and Education Bureau.

- BD also licenses oil storage installations.

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Licensing Section
Discussion : Please try to fill in the Licensing Authority as below
Licensing Premise Authority
1. Restaurant, Light Refreshment Restaurant
2. Food Factory e.g. Food counter in food court
3. Place of Public Entertainment e.g. Cinema
4. Tutorial School, Kindergarten…etc.
5. Child Care Center
6. Club House with Catering
7. Hotel, Guesthouses.
8. Karaoke Establishment Permit
9. Commercial bathhouse
10. Elderly home care center
11. Swimming pool
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 Site Monitoring Section
- The Site Monitoring Section (SMS) carries out systematic
inspections of all private building sites where building works
are in progress with a view to identifying irregularities or
contraventions of the work being carried out that might
have potential safety hazards to the public or non-
compliance with the Buildings Ordinance and regulations
and the approved plans.

- The inspections focus on site safety and quality related

aspects of building works in progress to ensure that relevant
provisions of the Buildings Ordinance are complied with. If
site safety or quality related irregularities are detected,
remedies from AP/RSE/RGE/RGBC concerned will
immediately be sought and where appropriate, prosecution
and disciplinary actions under the Buildings Ordinance
against those concerned will be instigated.
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Site Monitoring Section

- The SMS also carries out surprise checks to active
construction sites on aspects of structural safety and integrity
of foundation and superstructure works. This new strategy
for auditing building works helps to bring to light structural
safety-related irregularities or procedures and practices that
are conductive to sub-standard building works before they
become very costly or impossible to put right.

- On receiving reports concerning safety issues (e.g.

accident happen) arising from the operations of building
and demolition sites, the SMS carries out emergency
inspections and the necessary follow up actions.

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 Mandatory Building Inspection Division
- The MBID was set up to implement the Mandatory Building
Inspection Scheme (MBIS) and Mandatory Window
Inspection Scheme (MWIS) which was commenced on
30 June2012.
- To issue statutory notices to owners requiring them to carry
out prescribed inspections and prescribed repairs of their
buildings and windows.
- Establish an inspectors register and regulatory mechanism
under the BO, as well as Inspector Registration Committees
to scrutinise the professional standards for registration as
RIs.
- Issue detailed guidelines on the requirements of building
inspections, window inspections and repair works, the Code
of Practice for the MBIS and MWIS and Practice Note on
Best Practices on Tendering Procedures.
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MBIS & MWIS Legislation Process

Public Government law drafting completed and

Consultation announce to introduce the Buildings
by legislate mandatory (Amendment) Bill 2010
Government building into Legislative Council in
1st round inspection scheme Feb 2010

Public Consultation To Kwa Wan Incident in

by Government Jan 2010
2nd round

2 3 4 5 6 7 8 9 10
 MBIS & MWIS

Background
- Building neglect has been a long-standing problem
- Time to time incidents due to building aging
- Under preparation for years.
- Consensus of community
- Owners should be responsible for proper maintenance and
repair of their properties.
- Prevention is better than cure
Objective
- Public Safety
- Minimize the cost

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Scope
Over 30
years, Under Scope
13,000,
Within 20 of Mandatory
33%
years, Inspection
17,000,
44%

Under Scope of
20-30 Mandatory
years,
9,000, 23% Inspection after
10 years

3 4 5 6 7 8 9 10
 Mandatory Building Inspection Division

Target Building Selection Panel

- The target buildings selected each year for implementing the
MBIS would represent a mix of buildings in different
conditions and age profiles in different districts.
- A selection panel comprising representatives from
professional institutions, relevant non-governmental
organisations, property management professionals, District
Councils and relevant Government departments is
established to advise the BD on the selection of target
buildings.

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Mandatory Building Inspection Division

MBIS Scope
- Buildings with age 30 years or above are selected as target
building
- Exemption for domestic buildings not exceeding 3 storeys.
- Building Inspection Scope covering the common area,
external walls, fire safety elements, structural elements,
drainage system and identification of unauthorised building
works at common area.
- BA to serve notice to the owner requiring to appoint a
Registered Inspector (RI) to carry out the prescribed
inspection and to appoint a Registered Contractor (RC) to
carry out the prescribed repair works.

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 Mandatory Building Inspection Division

MWIS Scope
- Buildings with age 10 years or above are selected as target
building
- Exemption for domestic buildings not exceeding 3 storeys.
- Window Inspection Scope covering all windows in the
common area and within individual premises of the building
- BA to serve notice to the owner requiring to appoint a
Qualified Person (QP) to carry out the prescribed inspection
and to appoint a Registered Contractor (RC) to carry out the
prescribed repair works.

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Fire Safety Section

- BD, other than carrying out inspection of old private buildings

under the Buildings Ordinance, also inspects and issue Fire
Safety Directions and Fire Safety Improvement
Directions to a list of Prescribed Commercial Premises
(PCP) and Specified Commercial Buildings (SCB) under
Fire Safety (Commercial Premises) Ordinance (Cap. 502)

- The purpose is to provide better protection from the risk of

fire for occupants and users of, and visitors to, certain kinds
of commercial premises and commercial buildings.

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 Fire Safety Section
Enforcement Authority for FS(CP)O – Cap. 502
- Buildings Department – planning, design and
construction of fire safety.
- Fire Services Department – any fire service
installation

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Fire Safety (Commercial Premises) Ordinance (Cap. 502)

Prescribed Commercial Premises (PCP)

A building or part of building is a PCP under the scope of
FS(CP) O if it is used for carrying out on commercial
activities as

- Banking (other than merchant banking)

- Off-course betting,
- Jewelry or goldsmith’s business
- Supermarket, hypermarket, department store ;
- Shopping arcade
*The total floor area of the building or part exceeds 230 s.m.

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Fire Safety (Commercial Premises) Ordinance (Cap. 502)

Specified Commercial Buildings (SCB)

A building is as SCB under the scope of the FS(CP)O if the
building was constructed to be used or is being used

1. for the purposes of OFFICE, BUSINESS, TRADE or any

ENTERTAINMENT and

2. the building was constructed on or before 1st March

1987 or the plans of the building works of which were first
submitted to the BA for his approval on or before 1st March
1987.

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Fire Safety (Commercial Premises) Ordinance (Cap. 502)

Required Fire Safety Measures

Buildings Department – Construction Requirements

1. Adequate MOE from the premises in the event of fire ;
2. Adequate MOA to the premises to facilitate access for
firefighting and rescue ;
3. Adequate FRC to inhibit the spread of fire and to
ensure the integrity of the structure of the building.

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Fire Safety (Commercial Premises) Ordinance (Cap. 502)

Required Fire Safety Measures

Fire Services Department – Fire Service Installation

1. Automatic sprinkler system ;
2. Automatic cut-off devices for a mechanical ventilation
system ;
3. Emergency lighting ;
4. Manual fire alarms ;
5. Portable fire extinguishers ;
6. Fire hydrant and hose reel system ;
7. Code for Min. Fire Service Installations and Equipment 1994.

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Fire Safety (Buildings) Ordinance (Cap. 572)

Composite Building or Domestic Building

1. Composite Building - partly for domestic purposes and

partly for non-domestic purposes ;

2. Domestic Building – domestic purposes with more than 3

storeys. And

- The building was constructed on or before 1 March 1987 or

- Plans (1st submission) to BA for approval on or before
1 March 1987.
- * This Ordinance does not apply to NT exempted house.

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 Fire Safety (Buildings) Ordinance (Cap. 572)
Required Fire Safety Measures

Fire Services Installation (Domestic / Domestic part of composite building)

- Fire hydrant and hose reel system
- Manual fire alarm system
- Emergency lighting (common area) for building > 30m high.

Fire Services Installation (Non-domestic part of composite building)

- Fire hydrant and hose reel system
- Manual fire alarm system
- Emergency lighting (common area) for building
- Emergency lighting (private area) to be provided by occupier
- Automatic sprinkler system for building > 230m2.
- Mechanical ventilation system (common area) – building owners
- Mechanical ventilation system (private area) – occupier

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Fire Safety (Buildings) Ordinance (Cap. 572)

Required Fire Safety Measures

Buildings Department – Construction Requirements

1. Adequate MOE from the premises in the event of fire ;
2. Adequate MOA to the premises to facilitate access for firefighting
and rescue ;
3. Adequate FRC to inhibit the spread of fire and to ensure the
integrity of the structure of the building.

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 SUMMARY OF ENFORCEMENT SYSTEM

Cap 572 Cap 502

Composite PCP SCB

Fire safety Fine : HK$25,000

Fire safety
BD / FSD Improvement A further fine :
Direction HK$2,500
Direction

Fire safety Fire safety Fine : HK$50,000

Magistrate Compliance Improvement A further fine :
Order Compliance Order HK$5,000

Use Fine : HK$250,000

District Prohibition
Restriction
Prohibition A further fine :
Court Order
Order
Order HK$25,000
3 yrs imprisonment

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 BUILDINGS ORDINANCE & ITS
ADMINISTRATION PROCEDURES
Building (Administration) Regulations
Submission Procedures
for
New Works or A&A Submission
Site Supervision Plan
Mr. C.W.FONG

Objectives

1. Understanding the statutory procedures / submission

time frame on new works / A&A submission.
2. Explain the role and duties of different registered
professionals and contractor on building works.
3. Introduction of statutory specified forms
4. Demonstrate the grounds of disapproval by BA
5. Demonstrate the required document on building
submission at different stage.

2
 New Works or A&A Works
Statutory Submission Procedures

1. Statutory Actors
2. Duties of Owner, AP, RSE, RGE, RGBC, RSC,
TCP…etc.
3. Submission Procedures (New works / A&A works)
4. Required Submissions for A&A Works in different
stages e.g. 1st submission, consent application and
report completion.

Statutory Actors
Working Line

Contractural Line

RGE’s TCP
A.P. RGE
Owner

RGBC’s TCP
RGBC

Building Authority
AP’s TCP

RSE’s TCP
RSE
4
 Statutory Actors

Engineer Surveyor Architect

Owner

A.P.

GE RGE

SE
RSE

Contractor RGBC
INTERVIEW (AS)
BY BA
TCP 5

Duties of Owners

Section 4 of Buildings Ordinance

Every Person (Owner) for whom building works / street
works are to be carried out shall appoint :
a. An A.P as the coordinator of such building / street
works
b. A RSE for the structural elements of such building /
street works (if so required)
c. A RGE for the geotechnical elements of such building /
street works (if so required)

- Owner / Building Owner shall submit Form BA4 to the

Building Authority being Notice of appointment of AP and
RSE and/or RGE.

6
 Duties of AP, RSE, RGE

Section 4(3) of Buildings Ordinance

Any AP, RSE and RGE appointed or nominated under
sub-section (1) or (2) shall -
a. Supervise the carrying out the building / street works, as
the case may be, in accordance with the supervision
plan ;
b. Notify the BA of any contravention of the regulations
which would result from the carrying out of any work
shown in any plan approved by the BA in respect of the
building or street works and
c. Comply generally with this Ordinance.

Duties of AP, RSE, RGE

Section 37(1) & 37(2) of Buildings Ordinance

- Any AP, RSE and RGE shall give such periodical supervision and
- Make such inspection as may be necessary to ensure all the
building works comply with
a. all regulations
b. approved plan
c. supervision plan
d. condition imposed by BA

Section 37(3) of Buildings Ordinance

- Where a supervision plan is required, the AP, RSE and RGE are
required to appoint such no. of Technically Competent Persons
(TCP) as appropriate to give such supervision.

8
 Registered Specialist Contractor (RSC)

Section 8A(2) of BO

- Building works as specialized works that are required to be

carried out by Registered Specialist Contractor (RSC)

- 5 categories of works designated as specialized works :

a. Demolition works
b. Foundation works
c. Ground investigation field works
d. Site formation works
e. Ventilation works

Duties of RGBC, RSC

Section 9(5) & 9(6) of Buildings Ordinance

RGBC, RSC carrying out building works is required to –

a. Provide continuous supervision to the carrying out of

the works in accordance with his supervision plan ;

b. Notify the BA of any contravention of the regulations

which would result from the carrying out of any work
shown in any plan approved by the BA in respect of the
building or street works and

c. Comply generally with this Ordinance.

10
 Duties of RGBC, RSC
Section 41(2) of Building (Administration) Reg
- Where a supervision plan is required, the RGBC and RSC
are required to appoint such no. of Technically Competent
Persons (TCP) as appropriate to give such supervision.

Section 41(4) & 41(6) of Building (Administration) Reg

- A RGBC and a RSC are required to keep records of
activities and information relevant to the supervision of the
building / street works. (e.g. approved plans, consent,
supervision plan…etc.) on site and retain such record for
at least 12 months after the report of completion.

Section 41(5) of Building (Administration) Reg

- The BA may inspect the records and information required to be
kept under S41(4) at any reasonable time.

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Technical Competent Person (TCP)

Section 3.1 of TM :

- TCP means a person whose academic or professional

qualification or experience of building / street works satisfy
the requirements set out in this Technical Memorandum for a
particular type of site supervision or management tasks.

- There are 5 grades as defined in the TM.

- 4 streams of TCPs (AP’s stream, RSE’s stream, RGE’s

stream and RGBC / RSC’s stream)

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 Technical Competent Person (TCP)

Exercise : Please check what grade of TCP you are

Grade Min. Qualifications Experience

T1 A certificate or diploma holder 2 yrs

T2 A higher certificate or higher diploma 3 yrs

holder
T3 (A) A higher certificate or high diploma (A) 5 yrs
holder. (B) 2 yrs
(B) A degree holder
T4* A degree holder 4 yrs

T5* Registered professional 5 yrs

* Engineering Safety Supervision 13

Duties of TCP
CoP of Supervision Plan Table 4.4
Below lists some of general duties of TCP.

- Checking that actual site conditions and works being carried

out agree with the design requirements, method statements
and precautionary and protective measures.

- Checking on routine basis that site works comply with general

site safety requirements. (T1 only)

- Checking that sub-ordinate TCPs have carried out routine

checks at the correct frequency and that records are prepared
and filed on site (T2 only)

- Carrying out specific tasks as per checklist devised by AS.

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 Statutory Submission Procedures (New works / A&A works)

60 Days (1st)
28 Days
30 days (2nd / amendment)

BD to
AP to BD to APPROVED AP to Consider
submit vet plans submit the Consent
Plans & & make Consent application
Required referrals (Form BA8)
Document to other NOT &
(1st Submit) dept APPROVED SSSP Grant Refuse
Consent Consent

AP to
submit
plans
&
required
Document
2nd Submit or
Amendment

15

Statutory Submission Procedures (New works / A&A works)

CONSTRUCTION REPORT COMPLETION

Within 14 days BD to
AP to BD AP to Consider
submit To carry Report To issue OP /
Form 7 days
Out completion acknowledgement
BA10 Surprise Submit
to Check (Form BA12)
Commence
BA13, BA14) Grant Refuse
Works
OP OP

BD
To 14 Days for OP
Record 28 Days for A&A
the works
Form

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 Grounds to Disapprove Plans
Section 16 of Building Ordinance
Some of the common grounds to disapprove the submission by BA

- He has not received application for their approval in the specified

form (Form BA4)

- The building works shown in the plan contravene the regulations or

any other enactment or draft plan prepared under the Town Planning
Ordinance (Cap 131)

- He has not received such other documents (e.g. proof of ownership

of land) as are prescribed by regulations.

- Submission fees have not be paid.

- Submission found insufficient for him fully to consider such plan.

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Grounds to Disapprove Plans

Section 16 of Building Ordinance

- The plans are not endorsed with or accompanied by a certificate from

the Director of Fire Services due to inadequate fire service installation
or equipment provided for the proposed building works. The minimum
requirement of fire service installations and equipment (FSI) should
refer to the latest version of Code of Practice (so call the red book)
published by FSD.

- The building works shown in the plan result in a building differing in

Height, Design type (so called “D.D&H – Disposition, Design and
Height”) or intended use from buildings in the immediate
neigbourhood or previsouly existing on the same site.

- The building works (e.g. demolition works, site formation works, piling
works, excavation works or foundation works…etc) will result in or
likely to cause the collapse of an adjoining building.

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 Exemptions and Modification

Section 42 of Building Ordinance

- Exemption / Modification may be granted by CBS / SBS /

BS without further consultation.
- Positively in public interest or, no contrary to public
interest
- AP should submit Form BA16 with valid justifications
for application of exemptions and modification for a
particular regulation.
- AP should provide alternative proposal, if necessary, to
maintain the min. standard of B.O
- The objective of the B.O i.e. safety and health should be
maintained.

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Exemptions and Modification

Section 42 of Building Ordinance

- Form BA16 may be granted with imposed condition.

- Validity period of Form BA16 (says 2 years) is
imposed as a condition in the permit (Form BD106)
when granting modifications or exemptions. (BD circular
letter dated 20.10.2010 refer)
- Likewise, application for consent to commence the
building works shown in such previously approved plan
(where the Form BA16 have expired) may be refused.

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 Exemptions and Modification

Examples : Case 1

- B(P)R36 – To permit the omission of natural lighting and

ventilation in bathroom.
- Imposed Condition :
- (1) to show louver at bathroom door area not less than
1/20 of toilet floor area
- (2) Show exhaust duct location – check whether final
exhaust to open area and any passing through
compartment wall of fire damper and allowed with fire
rated material.
- (3) a system of mechanical lighting and ventilation
producing 5 air changes per hour.

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Exemptions and Modification

Examples : Case 2

- B(P)R40 – To permit the omission of natural lighting to

staircase within the podium above ground.
- Imposed Condition :
- Permanent artificial lighting system with 30 lux min.
lighting level back up emergency light system providing
a horizontal luminance at floor level of not less than 2 lux.
The design of the emergency lighting system should
comply with the Code of Practice for Minimum Fire
Service Installation and Equipment.

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 Schedule Areas
Building Ordinance Section 2 & the 5th Schedule of BO
The Schedule Areas in the 5th Schedule are subject to Additional
Geotechnical Controls under B.O. (e.g. ground investigation,
Performance Review as a condition on giving of approval or
consent)

- Schedule Area No. 1 : Mid-levels (PNAP 85)

- Schedule Area No. 2 : North-western New Territories (PNAP161)
- Schedule Area No. 3 : MTR Protection Areas – 30m from MTR
structure (PNAP77)
- Schedule Area No. 4 : Ma On Shan (PNAP 161)
- Schedule Area No. 5 : Sewage Tunnel Protection Areas – 50 to
100m from the Sewage Tunnel. (PNAP 165)

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1st submission for A&A Plan Approval

The required document for the 1st submission should include :

- Adequate nos. of building plans for centralized plan processing by BA.

Normally 6 – 8 sets of plan including 2 sets for BD, 2 sets for FSD, 1
set for LD, 1 set for Planning and other for other department

- Duly signed Form BA 4 (Appointment of AP, RSE & RGE)

- Duly signed Form BA 5 (Application of approval of plans)
- Duly signed Form BA 6 for A&A only (Stability Cert. by AP / RSE)
- Duly signed Form BA 8 for consent application (Fast Track)
- PNAP 272 – Fast Track application form if applicable
- Duly completed Development Schedule to Lands Dept
- PNAP 30 – Checklist for A&A Plan submission
- PNAP 143 – Payment of Fees on Plan Submission
- Cheque for submission fee
- Structural calculation by RSE
- Geotechnical assessment report by RGE (if necessary)
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General Contents shown in Plans for BA Approval
The following required information should be shown in the Plan :

- Block Plan (min. 1:500) – B(A)R13 refers.

- General Notes
- F.S Notes
- Method statement or Precautionary Measures
- Schedule of sanitary fitments
- Schedule of Provision for Exit Door & Exit Route from room / storey
- Fire resistance requirement of element of construction
- Schedule of MOE stair showing the total discharge value
- Legend, door mark
- Building Plans, Section, Elevations, Details, (min 1:100 for general
case or min. 1:200 for a very extensive building works) – B(A)R13.
- Plot Ratio, Site Coverage, Open Space Calculation
- GFA calculation diagram.

25

Payment of Fees on submission of Plans

Building (Administration) Regulation 42 & PNAP 143

- For new buildings, the payment fee include both permanent and temporary
buildings for all associated plans e.g. building plans, site formation, structural,
drainage plans….etc.
- Such fee are charged based on GFA of the new building.

- For A&A works or new building without accountable GFA, submission fee are
charged according to the total no. of submitted plans of A1 or smaller size.
(HK$14,200 per sheet)
- For A0 size, it is equivalent to 2 nos. of A1 sheet.

- For major revision (it has been extensively revised), it must be fundamentally
reassessed and a repeat of the centralized processing system. New Form
BA5 and submission fee should be submitted again.

- The requirement for payment fees is NOT applicable to “proposals for works”
in related to a statutory order or advisory letter on building safety, fire safety
and slope safety issues which requires the plans submission.

26
 Alteration and Addition Works
Buildings Ordinance
Building (Administration) Regulation
PNAP 125 – Unauthorized Alterations and Additions – BO S14
PNAP 154 – Submission of Record Plan for A&A works
PNAP 249 – Structural Requirements for A&A works in Existing Bldg
PNAP 272 – Re-engineering the Building Approval Process

Section 15 of B(A)R
- The BA may refuse to accept plans from 2 or more AP or RSE in
respect of works at the same premise.

Section 14(3) of B(A)R

- One copy of every plan shall be so colored as to clearly
differentiate existing works from new work and one part of any
new work from the other parts thereof.
27

Fast Track Processing of Minor A&A Works

PNAP 272
For simple A&A, where the AP / RSE confirms that the proposed work
- Do not involve the structure of the building and
- Do not affect the fundamental issues mentioned in PNAP 272
a. Density – site parameter, plot ratio, site coverage
b. Fire Safety – MOA, MOE, FRP
c. Health and environment – Lighting, ventilation, open space
d. Fundamental issues required under allied legislation, OZP, access for persons with
disability, airport height restrictions, railway route protection.

- Referrals to other government departments / office (except FSD) are

not necessary.

- This submission will be processed within 28 days

- Application for consent for the relevant works may be processed
concurrently with the application for approval of plans.
28
 Grounds to refuse to give consent
Section 16(3) of Building Ordinance
Some of the common grounds to refuse to give consent by BA

- He has not given his approval to all plans prescribed by regulations.

- He has not received such other documents or supervision plan.

- Any condition or requirement imposed by him has NOT been

complied with his satisfaction.

- He is NOT satisfied that the AP, RSE, RGE, RGBC or RSC has
adequately provided precautionary and other protective measures
for demolition works.

- A period exceeding 2 years has elapsed since the approval of any of

the prescribed plans.

29

Submission for Consent Application

The required document for the consent application should

include :

- Duly signed Form BA 8 (Consent application)

- Site supervision plan (if necessary)
- Required submission subject to imposed conditions as
per approval letter by BA

30
 Submission for Report Completion
(A&A Works)

The required document for the report completion include :

- Duly signed Form BA 14 (Report completion)

- 2 nos. of record plan
- Testing report required by imposed condition mentioned in
the approval letter or consent letter.
- Record photos if necessary

31
 BUILDINGS ORDINANCE & ITS
ADMINISTRATION PROCEDURES

Vetting Plans Skills

Building (Planning) Regulations

Mr. C.W.FONG

Objectives

1. Understanding the framework of regulations

2. Understanding the basic considerations on vetting
plans submission.
3. Explain the basic principles of Development Density
Control.
4. Briefing the example of Plot Ratio and Site Coverage.
5. Explain the concept of Gross Floor Area (GFA).
6. Explain the concept of Open Space for domestic
building

2
 FRAMEWORK OF REGULATIONS

Objectives Ordinance

Functions Statements /
Performance Building
Requirements Regulations

Deemed to comply
Provisions Code of Practices /
Design Manual

Guideline Practice Notes / Circular Letters

/ Practices / Guideline / Pamphlets

DISCUSSION SESSION

1. Please list out some Regulations for vetting the building

design.
2. Please list out some Code of Practice / Design Manual for
vetting the building design.
3. Please list out various type of Practice Notes related to the
building industry in Buildings Department Website .

4
Considerations before GBP Submission to BD
The following Building Regulations / CoP / DM should be
considered while preparation of General Building Plan (GBP)
Submission to BA :

1. Is the address / Lot No. correct ?

2. Is the lot dimensions correct ?
3. Does the lot area agree with lease plan ?
4. Is there street widening ?
5. Is there existing service lane ?
6. Site area
7. Plot ratio and site coverage.
8. Open Space <for domestic building >
9. Refuse chamber required ?
10. Any canopy or projections over government land ?

Considerations before GBP Submission to BD

The following Building Regulations / CoP / DM should be
considered while preparation of General Building Plan (GBP)
Submission to BA :

11. Fire service inlet / sprinkler inlet ?

12. Fire service water tank / sprinkler water tank ?
13. Potable water tank / flushing water tank ?
14. Meter room / duct ?
15. Sanitary Fitments Provision
16. Lighting & Ventilation.
17. F.R.P requirement & Compartmentation ?
18. M.O.E requirement
19. M.O.A requirement
20. Facilities for Barrier Free Access
Considerations before GBP Submission to BD
According to PNAPs – ADM-
19, Appendix A, BA would
process the Fundamental
Checking on GBP :

- Density
- Fire Safety
- Health and Environment
- Major issues under
allied legislations

Development Density Control

Total 3 ways to control the density of development in Hong Kong
- Land Lease
- Outline Zoning Plan
- Building (Planning) Regulations

The total permissible Gross Floor Area (G.F.A) are attributed from
- Classification of Site (Site A, B or C)
- Plot Ratio (P.R)
- Site Area
- Use of Building (Domestic or non-domestic)
- Building Height
 Development Density Control
Classification of Site (Site A, B or C) – B(P)R 18A

Class A Site : a site abuts on one specified street not less than 4.5m wide or
no more than one such street.

Development Density Control

Classification of Site (Site A, B or C) – B(P)R 18A

Class A site : a site abuts on one specified street not less than 4.5m wide or
no more than one such street. A corner site shall not be regarded as
abutting on 2 specified streets unless at least 40% of the boundary of
the site abuts on the street.
 Development Density Control
Classification of Site (Site A, B or C) – B(P)R 18A

Class B Site : a corner site that abuts on 2 specified street neither of which
is less than 4.5m wide.

Development Density Control

Classification of Site (Site A, B or C) – B(P)R 18A

Class B Site : A corner site : abutting on 2 specified streets unless at least

40% of the boundary of the site abuts on the street.

>
 Development Density Control
Classification of Site (Site A, B or C) – B(P)R 18A

Class B Site : A corner site : abutting on 3 specified streets unless at least

60% of the boundary of the site abuts on the street.

Development Density Control

Classification of Site (Site A, B or C) – B(P)R 18A

Class C Site : A corner site that abuts on 3 specified streets, none of which
is less than 4.5m wide.
 DISCUSSION SESSION

4. Please advise the classification of the following site.

15

DISCUSSION SESSION

5. Please advise the classification of the following site.

16
 Development Density Control
Plot Ratio (P.R) – B(P)R 21 & 22 , Schedule 1 of B(P)R

Plot Ratio = [Gross Floor Area ] / [Site Area ]

Site Coverage (S.C) – B(P)R 20 & 22, Schedule 1 of B(P)R

Site Coverage = [Area covered by the Building] / [Site Area]

- Expressed in percentage

The maximum permissible PR and SC

- Check the First Schedule of the B(P)R.
- Vary depending on Class of Site (Site A, B or C)
- Vary depending on Usage of the Building (Domestic / Non-domestic)
- Vary depending on Building Height

Development Density Control

Schedule 1 of B(P)R – Permitted P.R & S.C
 Development Density Control
Site Area – B(P)R 23(2)
- Exclude street and service lane
- Include dedicated areas to the public

Height of Building – B(P)R23(1)

- Difference between mean street level of the lowest of such street &
- Mean height of the roof over the highest Usable Floor Space (UFS) in
the building

Development Density Control

Usable Floor Space (UFS) – B(P)R 2
- Any floor space other than staircases, staircase halls, lift landings,
the space used in providing water-closet fitments, urinals and
lavatory basins and the space occupied by machinery for any lift, air-
conditioning system or similar service.
- Used for calculation of toilet facilities and refuse Storage or chamber
facilities.

Usable Floor Area (UFA) – FS2011 Code – Section 3

- The aggregate of the areas of the floor or floors in a storey or a
building excluding, unless otherwise specified, any staircase, public
circulation space, lift landings, lavatories, water-closets, kitchen in
flats, and any space occupied by machinery for any lift, air-
conditioning system or similar provided for the building.
- Used for calculation of nos. of person within a particular use of
premises or building.
 Development Density Control
Gross Floor Area (GFA) – B(P)R 23(3)(a)
Accountable GFA
- The area contained within external walls of the building,
- Measure at each floor level (including any floor below the level of
the ground [Basement]),
- The area of each balcony (including the thickness of the sides)

Non-accountable GFA – Exempted from regulation

- For parking motor vehicles, loading or unloading bay,
- For refuse storage chambers, refuse storage and material recovery
chambers or rooms, refuse chutes, refuse hopper rooms…etc.
- For access facilities for telecommunications and broadcasting
services,
- For plant room e.g. lift, air-conditioning or heating system or
- For any similar service.

Development Density Control

Gross Floor Area (GFA) – B(P)R 23(3) – PNAPs – APP-2 Para. 11
Non-Accountable GFA - “any similar service” include :
- Fire control center, water tanks
- Electrical switch rooms, meter rooms, transformer rooms, generator
rooms, pump rooms,
- Telephone equipment rooms, cable riser duct room,
- CO2 rooms, hose reel closets,
- Sewage treatment plant rooms
- Smoke extraction system

The above areas claimed for non-accountable GFA should :

- Only be the min. amount of GFA for maintaining the services. (AP
justifications for the size of plant room may be required)
- Include the enclosing walls and the associated protected lobby. But
the thickness of such wall is max. 100mm thick.
- The plant room related to A/C or heating room is subject to the
overall cap (say 10% of total actual GFA) on GFA Concession under
PNAP APP-151
 Development Density Control
Gross Floor Area (GFA) – B(P)R 23(3) – PNAPs – APP-2 Para. 15-18
Non-Accountable GFA - “Carparking, Loading & Unloading areas” :
- BA has the discretionary power to disregard or NOT to disregard
Carparking, L/UL area from GFA calculation.

- Public carpark or associated facilities under lease condition :

Accountable GFA.

- Private carpark for occupants and visitors : Non-accountable GFA.

- Comply with HKPSG and advice from Transport Dept.
- with electric vehicle charging facilities (e.g. socket..etc)
- Underground Carpark : 100% GFA concession
- Above ground Carpark : 50% of GFA concession in normal case.
- Above ground Carpark : 100% of GFA concession provided that it is
technically infeasible to be constructed underground Carpark (e.g.
underground carpark at Schedule Area 1,2,3,4,5)

- Any Open carpark : Need not be measured for GFA.

Development Density Control

Gross Floor Area (GFA) – B(P)R 23(3) – PNAPs – APP-2, Para 2, 4, 5, 6

Non-Accountable GFA - requiring application of Form BA16

- Voids (e.g. at cinema, banking halls, shopping arcades, auditoria,

cockloft void at single-staircase building..etc) ;
- Chimney shafts ;
- Filtration plant rooms for swimming pools ;
- Housing satellites / antenna TV equipment ;
- Pipe ducts ;
- Refuge floors ;
 Development Density Control

Composite Building

- Normally in HK, residential buildings over commercial podium ;

- S.C for non-domestic part – 100% for max 15m high.;
- Remaining permitted PR for domestic use as below :

Permitted Actual
Remaining PR for non-dom. - PR for non-dom. Permitted
Permitted = X PR for dom.
PR for dom. Permitted PR for non-dom.

DISCUSSION SESSION

6. Please calculate the max. permitted GFA for domestic portion of

composite building for the following site.

Site parameters :
a. Site Area = 5000m2.
b. Shopping Complex at lower
portion = 15000m2 with 3
storeys (15m) high above f.f.l.
c. Residential block up to 80m
high
d. 100% site coverage for non-
domestic portion

26
 Development Density Control

Unclassified Site – B(P)R 19 (3)

- For site that cannot be

classified as A, B or C.
e.g. all adjacent streets < 4.5m
wide.

- The scale of development,

including height, P.R and S.C
is to be determined by BA.

- Usually not to exceed the

existing bulk.

Open Space for Domestic Building

Open Space – B(P)R 25

Class Open Space required

- For domestic building, open of
space at rear or partly at the Site
rear and partly at the side.
Class > ½ of roofed over area
A Site of the bldg
- The Second Schedule
Class > 1/3 of roofed over area
B Site of the bldg
- 1.5m clearance between
boundary. Class > ¼ of roofed over area
C Site of the bldg

The 2nd Schedule

 DISCUSSION SESSION
7. Please illustrate the Open Space Concept for domestic building in
diagram.

29

DISCUSSION SESSION
7. Please illustrate the Open Space Concept for domestic building in
diagram.

30
 BUILDING ORDINANCE &
CONSTRUCTION PRACTICE

Building (Minor Works) Regulations

Minor Works Control System

Mr. C.W.FONG

Objectives

1. Understanding the pros and cons of minor works

control system.
2. Explain the structure of minor works control system
3. Demonstrate the simplified submission procedures of
various classes of minor works.
4. Briefing the example of minor works items
5. Explain the designated exempted works.
6. Explain the validation scheme

2
 Minor Works Control System

1. Drawback of current building control system for minor building

works
2. Classification of Minor works
3. Simplified requirements for minor works control
4. Registration of RMWCs
5. Provisional registration of RMWCs.
6. Household minor works validation scheme
7. Designated exempted works
8. Discussion Session

Approved Building Works

*Minor Works Procedures

LEGAL
Building Works
*Designated Exempted Works

Exempted Works

Removal Order
Unauthorized
Validation
Building Works
Scheme
(UBW)
Warning Notice

4
 DISCUSSION SESSION
(1) Peter wants to erect a metal canopy outside the window at his flat on
4/F of Cheung Fat Building. The length of the lightweight metal
canopy is approx. 2m long and projection is not more than
500mm from the external wall. Please advise Peter the total cost
and time you will quote to him in accordance with the A&A works
statutory procedures.

(2) If Peter is going to erect the metal canopy without approval &
consent granted from BA, what is the possible consequence ?

DISADVANTAGE OF
CURRENT BUILDING CONTROL SYSTEM

1. Under the Buildings Ordinance, the carrying out of large-scale

building works or works of a very simple nature (such as the erection
of drying racks on the external walls of household apartments) are
governed by the same set of Control that expense extra money and
take more time to process the vetting plan.

2. The requirements of the current system are too stringent for minor
works which pose a lower level of risk. This not only creates
difficulties on control and enforcement, but also results in many
UBWs.
 CLASSIFICATION OF MINOR WORKS

Minor Works
Classified
three classes

Class I Class II Class III

Includes those Comprises those of a Mainly includes
Relatively Comparatively lower Common household
More Complicated Complexity and risk Minor works
Minor work to safety

CLASSIFICATION OF MINOR WORKS

Type A (Alteration and Addition Works

Type B (Repair Work)

Type C (Works relating to Signboard)

Class I
Class II Type D (Drainage Works)
Class III
Type E (Works relating to Structures for
(Total 126 items) Amenities)

Type F ( Finish Works)

Type G (Demolition Works)

 CLASSIFICATION OF MINOR WORKS
Under the proposal, minor works (126 items) will be classified into
three classes according to their scale, complexity and risk to safety
and will be subject to different degrees of control:

Class I: - Addition of internal circulation staircases

- Repair of specific structural elements of buildings

Class II: - Removal of unauthorized projecting structures

- Removal of unauthorized single storey rooftop
structures

Class III: - Erection of lightweight canopies

- Erection of A/C supporting frame
- Erection of drying racks

Class I - Includes those Relatively More

Complicated Minor work

Installation of internal staircase Remove of large-scale

connection two floors illegal roof-top structures
Class I - Includes those Relatively More
Complicated Minor work

Repair of specified structural elements of buildings

DISCUSSION SESSION

3. What are the specified items for concrete repair works

mentioned in the Class 1 category ?

4. Please advise the classification for the building works

regarding installation of a glass reinforced polyester water
tank on the roof with the size approx. 2m(H) x 2m(W) x
2m(L) situated just beside the parapet wall of the roof.

12
 Class I
The height of structure is not more than
1.5m
Structure for water cooling tower more
than 150kg

Class I
Frame no more than
750mm from the wall
Frame is not constructed of
concrete
A/C Unit > 100 kg
 Class I
Canopy more than 500mm
but not more than 2m from
the wall
Canopy is not constructed
of concrete
Distance between highest
point of canopy and the
ground more than 3m

Class I
Removal of Chimney.
Distance between highest
point of chimney and level
of adjoining is not more
than 10m
Class II - Comprises those of a comparatively
lower Complexity and risk to safety

Repair of non-load bearing external walls

Class II - Comprises those of a comparatively

lower Complexity and risk to safety

Erection of medium-size Removal of unauthorized

projecting signboards projecting structures
Class II - Comprises those of a comparatively
lower Complexity and risk to safety

Removal of unauthorized single storey rooftop structures

Class II
Aboveground
Works do not result in any
additional load to any
cantilevered slab
Works involve any main
pipe
 Class III
Aboveground
Works involve any embedded
pipe or than a pipe that passes
through a wall or a slab
Not involve any main pipe

Class III - Mainly includes common household

Minor works

Erection of supporting frames for air-conditioners

Class III - Mainly includes common household
Minor works

Erection of lightweight canopies

Class III - Mainly includes common household

Minor works

Erection of drying racks

 Class III - Mainly includes common
household Minor works
(Validation Scheme)

Repair / reinforce the existing lightweight metal canopy

Simplified Requirements
for Carrying Out Minor Works

Class of Minor Class I Class II Class III

Works
Requirement
Appointment of AP Not required Not required
Building professionals (and RSE/RGE, as the case
maybe)

Appointment of RGBC, RSC or RGBC, RSC or RGBC, RSC or

Registered contractors Class I RMWC Classes I or II RMWC Classes I, II or III
RMWC

Provision of simple notification and Not Less than seven days Not less than seven days Not Required
submission of plans and documents to before the commencement before the commencement of
the BA before commencement of works of works works

Submission of record plans, certificates Within 14 days after the Within 14 days after the Within 14 days after
and document to the BA after completion completion of works completion of works completion of works
of works
 Registration of Minor Works
Contractors and Practitioners
A register of minor works contractors will be established
under the new system. Contractor companies and individual
practitioners can register as minor works contractors of the
relevant classes and types by virtue of their work experience,
qualifications and competence.

Class I Class II Class III

Company YES YES YES

Individual NO NO YES
Interview YES NO NO

Household Minor Works

Validation Scheme
A “Household Minor Works Validation Scheme” will be
established under the minor works control system to facilitate
the public to retain, after validation, three kinds of minor
works installations undertaken without the prior approval of
the Building Authority before the commencement of the new
legislation.

Supporting frames for air conditioners

Drying racks
Small canopies

Owners should appoint prescribed building professionals /

prescribed registered contractors to inspect and certify the
works to ensure that the safety requirements are met.
 Validation Scheme
Prescribed Building Works

Unauthorized metal
< 100 kg supporting frame
for an A/C unit or
any associated air
ducts projecting
< 600mm
from the external
wall of a building

Validation Scheme
Prescribed Building Works
Unauthorized drying rack projecting from the external wall

< 750mm
 Validation Scheme
Prescribed Building Works
Unauthorized canopy projecting from the wall

The canopy is not constructed of concrete

< 500mm

Household Minor Works

Validation Scheme

No immediate enforcement action will be

taken by the BA against the validated minor
household structures unless there is a change in
their safety conditions. Nevertheless, the legal
status of such structures will remain UBW
and will not change by joining the validation
scheme.
Exercise

33

Unauthorized Signboards
Validation Scheme
For any unauthorized signboards existed before
2 September 2013 and complying with the technical
specifications under minor works regulation, they may be
retained for continued use under Validation Scheme after

1. Inspection
2. Strengthening or
3. Certification of their structural safety by prescribed
building professionals / prescribed registered
contractors.

The safety check is required to be carried out again at an

interval of 5 years.
 Approved Building Works

*Minor Works Procedures

LEGAL
Building Works
*Designated Exempted Works

Exempted Works

Removal Order
Unauthorized
Validation
Building Works
Scheme
(UBW)
Warning Notice

35

Designated Exempted Works

Do not involve the structure of building as well as

requirement (such as, dimensions, specifications and
positions).

Do not bear any imposed load or dead load other than

that due to their own weight.

Total 15 items are prescribed as Designated Exempted

Works.
 Designated Exempted Works
1) Formation of any opening in a slab < 150mm dia. & center to center
of 2 openings < 450mm wide.
2) Reinstatement of an opening mentioned in (1)
3) Replacement of any glass reinforced polyester water tank in
accordance with the original design. Max. 9m3 and 2m high.
If the water tank is situated at rooftop, 1.5m working space
from the perimeter of the building should be achieved.
4) Removal of any glass reinforced polyester water tank as
mentioned in item (3).
5) Removal of any solid fence wall < 1.1m high on grade.
6) Removal of any external mesh fence < 3m high on grade.
7) Laying, repair or removal of any external rendering, external wall
tile or roof tile of a building

Designated Exempted Works

8) Erection, alteration, repair or removal of any metal gate at a
fence wall or at an entrance to a building < 100 kg.
9) Excavation works < 0.3 m depth & Not at Schedule Area No.1 &
No. 3
10) Erection or alteration of any signboard < 1m2 and level <
3mH
11) Removal of any signboard < 1m2 and level < 3mH
12) Removal of any supporting structure related to water cooling
tower, solar water heating system….etc < 1mH.

13) Erection, alteration or removal of A/C Frame on ground level.

14) Erection, alteration or removal of metal canopy on GL.
15) Erection, alteration or removal of drying rack on GL.
 DISCUSSION SESSION
5. What are the benefits of the minor works control system ?

6. What are the drawbacks from the minor works control system ?

7. How government can implement the minor works scheme

successfully ?

8. What are your views in future (say in 2 – 5 yrs later) after effective of
the scheme ?

39
 BUILDING ORDINANCE &
CONSTRUCTION PRACTICE

Building Ordinance
(Existing Building)

Mr. C.W.FONG

Objectives

1. Demonstrate various means of Building Authority to

implement the building control on existing buildings.
2. Explain the various Statutory Orders e.g. repair
orders for dilapidated buildings, drainage repair order,
removal orders for UBW, slope repair order, closure
order…etc.
3. Understand the procedures to comply with the
Statutory Orders.
4. Case studies for experience sharing.

2
 Existing Building Safety

Dangerous Buildings / Defective Drains / Dangerous signage

- BD acts on reports on dangerous or defective buildings,

defective drains and defective or abandoned advertising
signs.

- BD may ORDER such buildings or drains to be investigated,

repaired or demolished.

- In emergency or blatant cases, BD will carry out any

necessary repair works in the first instance and recover
the costs plus supervision fee from the owners
concerned.

Existing Building Safety

Dangerous Buildings / Defective Drains / Dangerous signage

4
5

6
7

8
9

10
 11

Emergency Services
- Officers are on duty round-the-clock to deal with
emergencies affecting the safety of private buildings.

- The 24 hour emergency service is linked to the Police

communication network.

- An Emergency Control Center is activated upon the

hoisting of Tropical Cyclone Warning Signal No. 8 or in
times of very severe and prolonged rainfall and other
natural disasters. The center coordinates expeditious
professional services on endangered buildings, hillsides,
scaffolding and advertising signs.

12
 Emergency Repair works by BA

- In cases of emergency, the BA may carry out or cause to be

carried out such works as may appear to him to be
necessary either without notice to the owner, or before or
after such notice.

- In the opinion of the BA attributable to such emergency, the

cost thereof shall be recoverable from the owner (At the
moment the emergency works being carried out) .

- The decision of the BA that the particular case is one of

emergency shall be final and binding on all persons.

13

14
15

16
17

18
19

20
 S26 of BO - Repair Order (Dangerous Bldg)
- Where in the opinion of the BA, any building has been rendered
dangerous or liable to become dangerous by fire, wind, rain,
dilapidation, use, lake of fire escape or any other cause, the BA
may by Order in writing served on the owner declare such building
to be dangerous or liable to become dangerous.

- Such order may

(a) require the demolition of the whole or part of such bldg ;
(b) require that the building be made safe generally ;
(c) specify work that must be done to make such bldg safe;
(d) require that shoring shall be erected and may specify the
manner and location thereof ;
(e) require a fence or hoarding for the protection of the public;
(f) require closure of such building ; and
(h) specify the period of compliance of the Order
(normally total 6 months)
21

S26A of BO - Investigation Order (Defective Bldg)

- Where, on inspection, the BA finds any dilapidation or
defect (e.g. defective canopy, defective window…etc) in a
building he may by Order in writing served on the owner of
such building require –

(a) such works as may be specified in the order to be carried

out ;
(b) an AP to be appointed to carry out such investigation
in relation to the building as may be specified; and
(c) the submission for approval by the BA of proposals for
remedial work to be carried out as regards the dilapidation
or defect, being proposals based on the findings of the
investigation,
(d) within the period as may be specified in the Order

22
 S28 of BO – Drainage Repair Order (Defective Drain)

- Where in the opinion of the BA, the drains or sewers of any

building are inadequate or in a defective or insanitary
condition, he may by an Order in writing served on the
owner of such building require -
(a) such drainage works as may be specified in the order to
be carried out ;
(b) an authorized person to be appointed to carry out such
investigation in relation to the drains or sewers of such
building as may be so specified ; and
(c) the submission for approval by the BA of proposals for
drainage works to be carried out to remedy the inadequacy
or the defective or insanitary condition, being proposals
based on the findings of the investigation.
(d) specify the period of compliance of the Order

23

24
25

26
 27

S27 of BO – Closure Order (Collapsible Bldg)

Upon the application of –
(a) The BA, where he is of the opinion that –
(i) any building is dangerous or liable to become dangerous, or
(ii) any building should be closed in order to enable any works,
which he is empowered to carry out or cause to be carried out
under this Part, to be carried out without danger to the occupiers or
to the public or
(b) The owner –
(i) where a notice has been served upon him by the BA requiring
closure of a building under section 26, or
(ii) where the BA has supplied a certificate to him showing that a
building should be closed in order enable building works to be
carried out without danger to the occupiers or to the public ,

The District Court shall on being satisfied that notice has been
given to make a Closure Order.
28
 Registration of Orders in Land Registry
- The BA may, upon the service of an order under this section,
cause the order to be registered by memorial in Land
Registry against the building to which the order relates.

29

Default Order – Cost reimbursement

- If the owner of the building cannot be found or fails to comply
with the requirements of an order served, the BA may carry
out or cause to be carried out the works specified in such
order.

- The cost plus supervision fee of such work shall be

recoverable from that owner.

- Upon the completion of repair works done by the

government contractor, a certificate by the BA stating the
date of completion of any work shall be prima facie evidence
of that fact.

30
 DISCUSSION SESSION

(1) IO of Cheung Fat Building recently received an Order from BD

requiring investigation of the structural stability of the building with
aged over 50 years. What should the IO chairman (Ms. Lisa) do ?

(2) Lisa appointed you as a consultant to carry out an inspection to the

building according to the S26A order. Please advise your planning
and how you would carry out the inspection.

(3) You need to prepare an investigation report to BD for the S26A

Order. Please advise the contents / structure of your report.

(4) Man Court is a building with aged over 50 years old. No OC / IO

was formed. Mr. Chan is one of the owner (2/F Flat A). He
received a Repair Order issued by BD. Although Mr. Chan is
willing to do the repair works, it is difficult for him to coordinate with
other co-owner. Mr. Chan ask you the consequence for failure to
comply with the Order. What is your advice ?
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 Approved Building Works

*Minor Works Procedures

LEGAL
Building Works
*Designated Exempted Works

Exempted Works

Removal Order
Unauthorized
Building Works
(UBW)
Warning Notice

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Building Information Center

Records of Completed Buildings

- Except for pre-war buildings and New Territories
Exempted House, the Buildings Department keeps copies
of building records and occupation permits for all private
buildings.

Inspection and Copying

- The building records for completed buildings may be
inspected at the Building Information Center of the Buildings
Department by the public upon application by submitting an
application form and payment of the prescribed fee.

- Immediately after the inspection, the applicant can apply for

issue of certified and non-certified copy of building records
by submitting an application form.
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 Unauthorized Building Works (UBW)

- Any A&A to buildings without the prior approval of the BA are

regarded as UBW.
- Based on the revised enforcement policy promulgated in April
2001, BD has re-focused its priorities and broadened the scope for
enforcement action against UBW.
- Removal orders will be issued requiring building owners to remove
UBW from their properties within a specified period.

Three-prong Approach
- Containment to curb UBW. Immediate enforcement action will be
taken against all UBW found under construction or newly
completed.
- Large-scale clearance operations to achieve progressive reduction
of existing UBW.
- Education and prosecution to attain cultural change.

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Unauthorized Building Works (UBW)

Enforcement Policy on UBW

- Items constituting obvious or imminent danger to life or property ;
- New items, irrespective of the date of completion of the building
where they have been carried out :
- Items in or on buildings, on podiums and rooftops, in yards and
lanes constituting a serious hazard or a serious environmental
nuisance, as determined by the BA ;
- Major individual items ;
- Items in or on individual buildings with extensive UBW ;
- Items identified in buildings or groups of buildings targeted for
large-scale operations or maintenance programmes ;and
- Unauthorised alterations to or works in environmentally friendly
features of a building for which exemption from calculation of gross
floor area has been granted by the BA.

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 S24 of BO – Removal Order (UBW)

- BA may issue order to

- owner or
- frontagers or
- the person for whom such works are being carried out or
- his agent requiring –

- The demolition, removal, or alteration of building works or street

works that have been or are being carried out in contravention of
any of the provisions of the Ordinance.

- Specify the period for compliance of the Orders

(normally 60 days)
- Register the Order in Land Registry
- Prosecution for non-compliance of the removal Order.

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S24C of BO – Warning Notice (UBW)

- In general, BA may issue Warning Notice to owner for removal of

rooftop structure, flat roof structure at podium and yard structures.

- The Warning Notice may require the demolition, removal, or

alteration of building works or street works that have been or are
being carried out in contravention of any of the provisions of the
Ordinance.

- Specify the period for compliance of the Orders

(normally 60 days)

- Register the Warning Notice in Land Registry for non-

compliance case.

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 DISCUSSION SESSION

(5) Peter would like to sell his flat as soon as possible, but an Order
about removal of UBW has been issued by the BA requiring the
removal of UBW at the canopy of the building, which is commonly
owned. This situation seems unresolvable as Peter have no direct
control over the subject area where the UBW has been erected.
What would you suggest Peter how he can satisfy the potential
buyer ?

(6) John just received an Order requiring the removal of flower rack
erected at the external wall of the building and a warning notice
requiring the removal of the flat roof structure at the flat roof owned
by John. John asked you that he would ignore the above Order
and Warning Notice.
What are your advice about the consequence for the non-
compliance of the above Order and Warning Notice ?

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DISCUSSION SESSION

(7) Mary noted that a flat roof structures was being erected on 2/F in
progress. Since Mary is living on 3/F and she worry about the
environment problem (e.g. rubbish above such flat roof…etc), can
Mary stop the contractor ? What would you suggest Mary to do ?

(8) David would like to purchase a flat. The building owner and agent
had told him there were no authorized building works in the
building and the flat. How can David to verify ?

(9) Amy is an owner of G/F at 142 Nga Tsin Wai Road which is a
single staircase building with 6 storeys in height. There is an
approved cockloft in her premise but the only access to the cockloft
is through the internal staircase in her shop. Amy wants to let the
cockloft out to increase the rental income. Can Amy form an
opening in the wall of the main staircase of the building for an
independent access to it and remove the staircase in the shop ?

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 Slope Safety Section

- On the advice of the Geotechnical Engineering Office of

civil Engineering and Development Department, BD issues
Orders requiring property owners to investigate and repair
dangerous slope.

- In default of the owners to comply with the Orders, BD will

carry out the required works on their behalf and recover the
costs from the owners afterwards. Besides, BD may
prosecute the owners who fail to comply with the orders
without reasonable excuse.

- In case of emergency, BD will carry out the necessary

remedial works and then recover the costs of the works from
the owners.

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S27A of BO – Slope Repair Order (Dangerous Hillside)

- Where in the opinion of the BA, any natural, formed or man-made
land, or any earth-retaining structure, has due to any cause been
rendered so dangerous or liable to become so dangerous that it
will collapse, or be likely to collapse, either totally or partially, and
thereby will cause, or will likely to cause, a risk of injury to any
person or damage to any property,
- the BA may by ORDER in writing served on the owner of the
land or structure, or on the person who under the terms of a
Government lease is under an obligation to maintain the land or
structure, declare the land or structure to be dangerous or liable to
become dangerous.
- An order may require the owner –
(a) to do such repair work as may be specified in the order ;
(b) to carry out such investigation in relation to the land or
structure as may be so specified ; and
(c) to submit for by the BA proposals for work to be done to make
the land or structure safe based on the findings of the investigation.
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 S27B of BO – Slope Repair Order
(Danger to buildings by groundwater)
Where in the opinion of the BA –
- A building is dangerous or is liable to become dangerous, and
- The cause of its being dangerous or liable to become dangerous is,
wholly or partly, the abstraction, whether continuing or past, of
groundwater from a well situated in area no. 2 of the scheduled
areas,
The BA may, by order in writing, declare that the building is
dangerous or liable to become dangerous. An Order may –
a. Require the owner of the well to ensure that such abstraction
cease permanently ;
b. State that the BA proposes to carry out such works as specified in
the order to close the well and such other works as he considers
necessary for the purpose ; and
c. Specify the period for compliance of the order.

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 Waterseepage Problem
- Joint Office set up by the Food and Environmental
Hygiene Department (FEHD) and Buildings Department
provide a “one stop” service in handling waterseepage
complaints.

- FEHD to carry out moisture meter test to collect evidence of

waterseepage complaint. Should the test result found
positive, FEHD will carry out further testing e.g. ponding test,
dye test….etc. to source more solid evidence.

- FEHD may refer case to BD for further investigation of the

building structure or any defective drainage resulting in the
water seepage.

- FEHD may refer case to WSD for any wastage of water or

leakage of plumbing pipe. 49

Nuisance Notice or Nuisance Order

(Waterseepage Problem)

- Where the source of seepage is identified, FEHD will issue

Nuisance Notice (NN) to the concerned person requiring
the abatement of nuisance with a specified period of time.

- Non-compliance of the NN, a max. fine of HK$10,000 and a

daily fine of HK$200.

- FEHD may take further action to apply to the Court for a

Nuisance Order. Failure to comply with the Order will result
in prosecution and a fine of Max. HK$25,000 and a daily
fine of HK$450.

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