BSD APC S ERIES 2013 BUILDING/LEASE/PLANNING CONTROL. Sr Philip TSE FHKIS

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1 BSD APC S ERIES 2013 BUILDING/LEASE/PLANNING CONTROL Sr Philip TSE FHKIS 18 th July 2013

2 What is involved in Building Works Control? Legislations Authorities Approval & Consent Procedures Lease Issues Town Planning Control

3 Authorities involved in Building Works Control Statutory Approval Non-Statutory Approval WATER SERVICES DEPT., GEO., EPD; AND UTILITIES, COMMUNICATIONS SERVICES PROVIDERS, CABLE TV, LAND LINE TELEPHONE, NATURAL GAS SUPPLY AND

4 Legislations Buildings Ordinance (Chapter 123) & Allied Regulations Buildings Ordinance (Application to the New Territories) Ordinance (Chapter 121) Antiquities and Monuments Ordinance (Chapter 53) Child Care Services Ordinance (Chapter 243) Clubs (Safety of Premises) Ordinance (Chapter 376) Disability Discrimination Ordinance (Chapter 487) Education Ordinance (Chapter 279) Factories and Industrial Undertaking Ordinance (Chapter 59) Fire Safety (Buildings) Ordinance (Chapter 572) Fire Safety (Commercial Premises) Ordinance (Chapter 502)

5 Legislations (con t) Fire Services Ordinance (Chapter 95) Government Lease Ordinance (Chapter 40) Hotel and Guesthouse Accommodation Ordinance (Chapter 349) Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276) Places of Public Entertainment Ordinance (Chapter 172) Public Health and Municipal Services Ordinance (Chapter 132) Roads (Works, Use and Compensation) Ordinance (Chapter 370) Town Planning Ordinance (Chapter 131), and... Please refer to PNAP (115) ADV-2

6 PART A Building Authority Buildings Ordinance ( B O ) CAP 123 Buildings Ordinance is the Fundamental Rule controlling the building works Building Regulations lay down technical requirements

7 Building Regulations Building (Administration) Regulations (Chapter 123A) Building (Construction) Regulations (Chapter 123B) Building (Demolition Works) Regulations (Chapter 123C) Building (Planning) Regulations (Chapter 123F) Building (Private Streets & Access Roads) Regulations (Chapter 123G) Building (Refuse Storage Chambers and Chutes) Regulations (Chapter 123H) Building (Standards of Sanitary Fitments, Plumbing, Drainage Works & Latrines) Regulations (Chapter 123I)

8 Building Regulations (con t) Building (Ventilating Systems) Regulations (Chapter 123J) Building (Oil Storage Installations) Regulations (Chapter 123K) Building (Appeal) Regulation (Chapter 123L) Building (Energy Efficiency) Regulation ( OTTV ) (Chapter 123M) Building (Minor Works) Regulation (Chapter 123N) Building (Minor Works) (Fees) Regulation (Chapter 123O) Building (Inspection And Repair) Regulation (Chapter 123P) Technical Memorandum for Supervision Plans 2009

9 Objective of the Buildings Ordinance (B O) CAP 123 Long title of the Buildings Ordinance Objectives To provide for the planning, design and construction of buildings and associated works; To make provision for the rendering safe of dangerous buildings and land ; and To make provision for matters connected therewith. What are matters connected herewith?

10 Main Concern under the Buildings Ordinance Density Safety Health & Environment Provisions for the Handicapped Barrier Free Access Please refer to PNAP(30) ADM - 2; PNAP( 272) ADM - 19

11 Main Concern under B O (con t) Related Issues under other Legislations Town Planning Issues Town Planning Ordinance (Chapter 131) Airport Height Restriction Hong Kong Airport (Control of Obstructions ) Ordinance (Chapter 301) Railway Protection MTR Mass Transit Railway (Land Resumption and Related Provisions ) Ordinance (Chapter 276) Sewage Tunnels Protection Sewage Tunnels (Statutory Easements) Ordinance (Chapter 438)

12 Main Concern under B O (con t) Related Issues under other Legislations Water Pollution Control Water Pollution Control Ordinance (Chapter 358) Building Management Building Management Ordinance (Chapter 344) Public Health and Municipal Services Public Health and Municipal Services Ordinance (Chapter 132) Lift & Escalators Installation Lift and Escalators (safety) Ordinance (Chapter 327) And..

13 Key Issues (Buildings Ordinance) Building Control Framework Sustainable Building Design Exemptions from the Buildings Ordinance Exempted Building Works Exemption/Modification Application Priority Status Application for Approval of Plans Application of Consent for Commencement of Works Fast Track Processing System Concurrent Approval and Consent Application Construction Stage Report Completion

14 Authorized Person (AP) Duties of AP under B O s. 4(3) (a) Supervise the carrying out of the building works or street works, as the case may be, in accordance with the supervision plan; (b) Notify the Building Authority of any contravention of the regulations which would result from the carrying out of any work shown in any plan approved by the Building Authority in respect of the building works or street works; and (c) Comply generally with this Ordinance.

15 When will RSE and/or RGE be required? B(A)R 12 - Plans, etc. to be signed by person who prepared them All foundation plans, structural details and calculations shall be prepared and signed by a Registered Structural Engineer (RSE) All geotechnical plans, geotechnical assessment, geotechnical details and calculations, geotechnical reports, site investigation reports or ground investigation reports shall be prepared and signed by a Registered Geotechnical Engineer (RGE) Division of Responsibilities between AP, RSE and RGE (PNAP 294 APP - 141)

16 Can AP take up structural design? (B(A)R 12) - Plans, etc. to be signed by person who prepared them (con t) (3) In the case of building works to which paragraph (4) applies, all foundation plans, structural details and calculations required under regulation 8 (1) (d) and (i) may be prepared and signed by an authorized person,. (4) Paragraph (3) applies to any building works where a) The height of the construction does not exceed 10m; b) The span of any structural element of the construction does not exceed 6m ; c) The structural elements are constructed of timber, masonry, steel, plain concrete or reinforced concrete; d) The foundations of the construction are of the spread footing type with a ground bearing pressure not exceeding 300 kpa and founded at not more than 2 m below existing ground level; and e) There is no structural alteration to any existing elements designed by a registered structural engineer. structural

17 Penalty of AP / RSE / RGE Disciplinary Action (see B O s.5; s.5a; s.5aa & s.7) s. 5 - Appointment and powers of disciplinary board s. 5A - Authorized Persons', Registered Structural Engineers' and Registered Geotechnical Engineers' Disciplinary Board Panel and Registered Inspectors' Disciplinary Board Panel s. 5AA - Secretary to the disciplinary board s. 7 - Disciplinary proceedings for authorized person, registered structural engineer, registered geotechnical engineer or registered inspector Criminal Offence (see B O s.40) s Offences

18 Building Control Framework B O s Approval and Consent required for commencement of building works, etc. (1)Save as otherwise provided, no person shall commence or carry out any building works or street works without having first obtained from the Building Authority (a) his approval in writing of documents submitted to him in accordance with the regulations; and (b) his consent in writing for the commencement of the building works or street works shown in the approved plan.

19 Building Control Framework (con t) B O s. 4 - Appointment and duties of authorized person, registered structural engineer or registered geotechnical engineer (1) Subject to subsection (1A), every person for whom building works or street works are to be carried out shall appoint (a) an authorized person as the co-ordinator of such building works or street works; (b) a registered structural engineer for the structural elements of such building works or street works if so required under this Ordinance; and (c) a registered geotechnical engineer for the geotechnical elements of such building works or street works if so required under this Ordinance.

20 Grounds for Disapproval of Plans B O s Grounds on which approval or consent may be refused 1) The Building Authority may refuse to give his approval of any plans of building works where- (a) (b) (c) (d) the plans are not such as are prescribed; the plans are not endorsed with or accompanied by a certificate from the Director of Fire Services; he has not received application for their approval in the specified form; the carrying out of the building works would contravene the provisions of this Ordinance or of any other enactment, or would contravene any approved or draft plan prepared under the Town Planning Ordinance (Cap 131);

21 Grounds for Disapproval (B O s.16)(con t) (da) the building works are within a CDA and the works contravene a master layout plan approved by the Town Planning Board. (e) he has not received such other documents as are prescribed by regulations; (f) such fees as are prescribed ; (g) (h) the building works would result in a building differing in height, design, type or intended use from buildings in the immediate neighbourhood or previously existing on the same site; the construction. of any means of access., to or from any street,. ; ( i ). to have further particulars of such plans or of the building works. ;. (q).

22 Conditions for Approval or Consent B O s.17 - Conditions may be imposed in certain cases Where an application is made to the Building Authority in respect of any of the building works or street works set out in Column A, he may take such action by way of imposing conditions and requirements by orders in writing, and refusing his approval of plans or his consent to commence the building works or street works as is set out in Column B opposite the particular item in Column A.

23 Building (Admin.) Regulations B(A)R 29 Application for Approval (1)..application for approval of plans of building works or street works shall be made in the specified form and shall be accompanied by such documents as are required under these regulations. (1A) The Building Authority may charge the applicant the prescribed fee in respect of an application made under paragraph (1). (2) Subject to regulation 11A, any one or more of such plans may be submitted for approval separately. (3) Without prejudice to regulation 30(3), the submission of further particulars or other plans consequent upon the refusal of the Building Authority to give his approval under section 16(1)(i) or (2)(f) of the Ordinance shall be deemed to be a fresh application in respect of the plans which the Building Authority had refused to approve.

24 Building (Admin.) Regulations B(A)R 30 Approval of Plans (1) The approval of the Building Authority shall be signified by- (a) notice in writing (b) the stamping, signing and dating of one copy of such plans, (2) The Building Authority may, upon application therefor, give separate approval for any one or more of the plans submitted. (3) For the purposes of section 15 of the Ordinance, the period after which the Building Authority shall be deemed to have given his approval of plans submitted to him shall be- (a). plans. submitted for the first time., 60 days. ; (b). plans. previously submitted. constitute,., a major revision, 60 days ; (c). other plans. previously submitted, are submitted for approval, 30 days

25 Building (Admin.) Regulations B(A)R 31 Application for consent to commence (1) Subject to paragraph (2), any application for the consent of the Building Authority for the commencement of any building works or street works shown on any approved plans shall be made in the specified form. (2) The application for the consent of the Building Authority for the commencement of any demolition works must be accompanied by the personal particulars, qualifications and experience of the operators of any powered mechanical plant or equipment proposed to be used in the demolition works.

26 Building (Admin.) Regulations B(A)R 32 Consent to commencement (1) The consent of the Building Authority shall be signified by notice in writing served on the person applying therefor. (2) The Building Authority may give his consent to the commencement of any part of any building works the plans of which have been approved. (3) The period in connexion with consent being deemed to have been given shall be 28 days.

27 Building (Admin.) Regulations B(A)R 33 Alterations and additions to building works and street works (1) Where it is desired to alter or add to any building works or street works for the commencement of which consent has been given, application shall be made in writing to the Building Authority and shall be accompanied by - (1A) (a)plans showing the alterations or additions; and (b) the notice of consent given.

28 Approval and Consent Procedure (Flow Chart) Owner appoints AP as coordinator AP/RGE/RSE submit building/structural/ Geotechnical / drainage plans BD stated special matters must be followed during construction period Owner appoints RGBC BD processes plans based on density, environmental, health and safety standards RGBC carries out building works AP / RSE and RGBC supervise works BD inspects works and materials (Disapprove) (Approve) Applies for consent to the commencement of work BD processes application based on relevant preparation works (Issue) (Refuse to issue) RGBC / AP / RSE certify completion of works AP applies for occupation permit / report completion BD issues occupation permit/ acknowledge of completion

29 Building (Admin.) Regulations Frequently Used Forms BA 4 - Notice of appointment of authorized person and / or registered structural engineer and / or registered geotechnical engineer; BA 5 - Application for approval of plans of building works and/or street works, and certificate of preparation of plans; BA 6 - Stability certificate of authorized person and/or registered structural engineer; BA 8 - Application for consent to the commencement & carrying out of building works or street works; BA10 - Notice of appointment of registered contractor, notice of commencement of building works or street works and undertaking by registered contractor;

30 Building (Admin.) Regulations Frequently Used Forms (con t) BA 13- Certificate on completion of building works resulting in a new building and application for permit to occupy such building; BA 14- Certificate on completion of building works not resulting in a new building or of street works; BA 14A - Certificate on completion of demolition works; BA 16 -Application for modification of and/or exemption from the provisions of the Buildings Ordinance and/or Regulations made thereunder

31 Building (Planning) Regulations B(P)R 18A Site Classification (1) In this part and the First and Second Schedules class A site ( 甲類地盤 ) means a site, not being a class B site or class C site, that abuts on one specified street not less than 4.5 m wide or on more than one such street; class B site ( 乙類地盤 ) means, subject to paragraph (2), a corner site that abuts on 2 specified streets neither of which is less than 4.5 m wide; class C site ( 丙類地盤 ) means, subject to paragraph (2), a corner site that abuts on 3 specified streets none of which is less than 4.5 m wide.

32 Building (Planning) Regulations B(P)R 18A Site Classification (con t) (2)(a) a corner site shall not be regarded as abutting on 2 specified streets unless at least 40 per cent of the boundary of the site abuts on the streets; and (b) a corner site shall not be regarded as abutting on 3 specified streets unless at least 60 per cent of the boundary of the site abuts on the streets.

33 Building (Planning) Regulations B(P)R 18A Site Classification (con t) (3) A street is to be regarded as a specified street (a) if there exists, with respect to the street, any of the following circumstances (i) the street is vested in the Government and is maintained by the Highways Department; (ii) the street is a private street on land held under the same Government lease as the site and under the terms of the lease the lessee has to surrender (when required to do so) the land on which the street is situated to the Government; (iii) the street is a street required to be constructed on unleased Government land by the lessee of the Government lease under which the site is held pursuant to the terms of that lease;

34 Building (Planning) Regulations B(P)R 18A Site Classification (con t) (iv) the street is on land over which the owner of the site is expressly granted, by or by virtue of an instrument, a right of way exercisable at all times; (v) the street is on land held under a Government lease by the owner of the site; or (b) if (i) one or more of the circumstances mentioned in subparagraph (a)(i), (ii), (iii), (iv) and (v) exist with respect to different parts of the street; and (ii) those parts together constitute the street. Street ( 街道 ) includes the whole or any part of any square, court or alley, highway, lane, road, road-bridge, footpath, or passage whether a thoroughfare or not; includes any footpath and private and public street.

35 Building (Planning) Regulations B(P)R 19 - General provisions concerning site coverage and plot ratio (1) The maximum site coverage permitted on a class A site, class B site or class C site shall be determined in accordance with regulation 20. (2) The maximum plot ratio permitted on a class A site, class B site or class C site shall be determined in accordance with regulation 21. (3) The height of a building or buildings on a site that is not a class A site, class B site or class C site, and the maximum site coverage and maximum plot ratio permitted in respect of such building or buildings, shall be determined by the Building Authority.

36 Building (Planning) Regulations

37 Building (Planning) Regulations B(P)R20 - Permitted site coverage (First Schedule) (1) Subject to regulation 22 and depending on the height of the building- (a) the site coverage for a domestic building, or for the domestic part of a composite building, on a class A site shall not exceed that percentage of the area of the site specified in the second column of the First Schedule; (b) the site coverage for a domestic building, or for the domestic part of a composite building, on a class B site shall not exceed that percentage of the area of the site specified in the third column of the First Schedule; and (c) the site coverage for a domestic building, or for the domestic part of a composite building, on a class C site shall not exceed that percentage of the area of the site specified in the fourth column of the First Schedule.

38 Building (Planning) Regulations B(P)R20 - Permitted site coverage (First Schedule) (con t) (2) Subject to regulation 22 and paragraph (3) and depending on the height of the building- (a) the site coverage for a non-domestic building, or for the nondomestic part of a composite building, on a class A site shall not exceed that percentage of the area of the site specified in the eighth column of the First Schedule; (b) the site coverage for a non-domestic building, or for the nondomestic part of a composite building, on a class B site shall not exceed that percentage of the area of the site specified in the ninth column of the First Schedule; and (c) the site coverage for a non-domestic building, or for the nondomestic part of a composite building, on a class C site shall not exceed that percentage of the area of the site specified in the tenth column of the First Schedule.

39 Building (Planning) Regulations B(P)R20 - Permitted site coverage (First Schedule) (con t) (3) Subject to the provisions of paragraph (4), the site coverage for a nondomestic building, or for the non-domestic part of a composite building, on a class A, B or C site may, whatever the height of the building, exceed the permitted percentage site coverage to a height not exceeding 15 m above ground level. (4) For the avoidance of doubt, it is hereby declared that, where pursuant to paragraph (3) the permitted percentage site coverage is exceeded- (a) above the level to which the permitted percentage site coverage is exceeded, the site coverage for the building or any part thereof shall not, subject to regulation 22, exceed the site coverage permitted under paragraph (1) or (2), as the case may be; and (b) the plot ratio for the whole building shall not, subject to regulation 22, exceed the permitted plot ratio (5) In this regulation, the expression "permitted percentage site coverage" ( 准許上蓋面積百分率 ) means the maximum site coverage permitted under paragraph (2).

40 Building (Planning) Regulations B(P)R21 - Permitted Plot Ratio (First Schedule) (1) Subject to regulation 22 and depending on the height of the building- (a) the plot ratio for a domestic building on a class A site shall not exceed the plot ratio specified in the fifth column of the First Schedule; (b) the plot ratio for a domestic building on a class B site shall not exceed the plot ratio specified in the sixth column of the First Schedule; (c) the plot ratio for a domestic building on a class C site shall not exceed the plot ratio specified in the seventh column of the First Schedule; (d) the plot ratio for a non-domestic building on a class A site shall not exceed the plot ratio specified in the eleventh column of the First Schedule; (e) the plot ratio for a non-domestic building on a class B site shall not exceed the plot ratio specified in the twelfth column of the First Schedule; and (f) the plot ratio for a non-domestic building on a class C site shall not exceed the plot ratio specified in the thirteenth column of the First Schedule.

41 Building (Planning) Regulations B(P)R21 - Permitted Plot Ratio (First Schedule) (con t) (2) Subject to regulation 22, the plot ratio for the domestic part of a composite building shall not exceed the product of the difference between the permitted plot ratio for the building if it were a nondomestic building and the actual plot ratio of the non-domestic part of the building and the permitted plot ratio for the building if it were a domestic building divided by the permitted plot ratio for the building if it were a non-domestic building. (3) For the purposes of this regulation and of regulations 19, 20 and 22, the plot ratio of a building shall be obtained by dividing the gross floor area of the building by the area of the site on which the building is erected.

42 Building (Planning) Regulations First Schedule of B(P)R

43 Building (Planning) Regulations B(P)R22 - Permitted site coverage and plot ratio may be exceeded in certain cases (1) Where, between ground level and a height of not less than 5.5 m or, where the Building Authority is satisfied that there will be no obstruction to vehicular traffic using the street, 3.3 m above ground level, a building on a class A, B or C site is set back from a boundary of the lot on which it is erected, being a boundary that abuts on a street, and, with the consent of the Government, the part of the lot that is thereby not built upon is dedicated to the public for the purposes of passage-

44 Building (Planning) Regulations B(P)R22 (con t) (a) the site coverage for the building or for any one part of the building may exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1500 and the area of the lot so dedicated to the public by the product of the area of the site and the height of the building; and (b) the plot ratio for the building or, if the building is a composite building, for the domestic part of the building may exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not

45 Building (Planning) Regulations B(P)R22 (con t) ( 1 ) ( b ). exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the lot so dedicated to the public by the area of the site on which the building is erected, whichever is the less.

46 Building (Planning) Regulations B(P)R22 (con t) (2) Where part of a lot, being a part that abuts on a street, is acquired by the Government, either by agreement or by resumption under the Lands Resumption Ordinance (Cap 124), for the purpose of street widening, the Building Authority may permit- (a) the site coverage for a building erected on that lot, being a class A, B or C site, or for any one part of the building to exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1500 and the area of the part of the lot so acquired by the Government by the product of the area of the site and the height of the building;

47 Building (Planning) Regulations B(P)R22 (con t) (b) the permitted plot ratio for the building or, if the building is a composite building, for the domestic part of the building to exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the part of the lot so acquired by the Government by the area of the site on which the building is erected, whichever is the less. ( 3 ) (4) In this regulation, the expression "permitted percentage site coverage" ( 准許上蓋面積百分率 ) means the maximum site coverage permitted under paragraph (1) or (2), as the case may be, of regulation 20.

48 Building (Planning) Regulations B(P)R24 - Height of storeys (1) Every room used for an office or for habitation in any building shall have a height of not less than 2.5 m measured from floor to ceiling: Provided that there shall be not less than 2.3 m measured from the floor to the underside of any beam. (2) In any such room having a sloping ceiling, the height shall be measured to the mean height of such ceiling above floor level: Provided that no portion of any room shall have a height of less than 2 m.

49 Building (Planning) Regulations B(P)R25 - Space about domestic buildings (Second Schedule) (1) (a) Every domestic building on a class A or B site or on a class c site shall have within the site an open space at the rear, or partly at the rear and partly at the side, at a level of not less than 150mmbelow the floor of the lowermost storey in accordance with the Second Schedule: Provided that where the Building Authority considers it necessary for proper and equitable development or redevelopment of an adjacent site, he may require the provision of more open space than that specified in the Seconds Schedule. (b) The open space provided pursuant to sub-paragraph (a) shall be that no part of the building which bounds on such open space at any level shall be within 1.5 m, measured horizontally, of a line drawn vertically from a point in the boundary of the open space immediately opposite thereto. (2) No part of any domestic building shall be erected within 1.5 m of the rear boundary of the site.

50 Building (Planning) Regulations B(P)R26 New buildings on existing street less than 4.5 m wide to be set back from centre line of street Where the width of an existing street in front of any new building is less than 4.5 m, no part of such building shall be nearer to the centre line of the street than 2.25 m.

51 Building (Planning) Regulations B(P)R28 - Service Lanes (1) In addition to any open space required under regulation 25 every domestic building shall be provided with a service lane at the rear or side of such building: Provided that a service lane shall not be required- (2) (3) (a) where a public lane not less than 3 m wide or a street already exists; (b) for detached and semi-detached buildings; (c) where exempted by the Building Authority.

52 Building (Planning) Regulations B(P)R 29 Lighting and Ventilation Every storey of every building used or intended to be used for the purpose of an office or for habitation shall be provided with effectual means of lighting and ventilation.

53 Building (Planning) Regulations B(P)R30 - Lighting and ventilation of rooms used or intended to be used for habitation or as an office or kitchen (1) Every room used for habitation or for the purposes of an office or as a kitchen shall be provided with natural lighting and ventilation. (2) Such natural lighting and ventilation shall be provided by means of one or more windows which shall be- (a) so constructed that- (i) the aggregate superficial area of glass in the window or windows is not less than one-tenth of the area of the floor of the room; and (ii) the windows can, to an extent at least equal in the aggregate to one sixteenth of the area of the floor of the room, be opened in such manner that the top of the opening of each window is at least 2 m above the level of the floor, or in the case of detached and semi-detached buildings, at least 1.9 m above the level of the floor; and (b) such that not less than the area required by sub-paragraph (a)(i) (the prescribed window) faces directly into the external air.

54 Building (Planning) Regulations B(P)R31 - Minimum requirements of window (1) No prescribed window shall, for the purposes of regulation 30, be deemed to face into the external air unless- (a) it faces into a street which is not less than 4.5 m wide; or (b) it faces into a space uncovered and unobstructed above the area delineated by the rectangular horizontal plane; and (c) it is so placed that, if another rectangular plane, the base whereof is equal to and common with the base of the rectangular horizontal plane, is inclined, above the rectangular horizontal plane, at an angle of 71 1/2 degrees from the horizontal where the window is in a room used for habitation or 76 degrees from the horizontal where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within the site on which such building is erected, protrudes above such plane; or

55 Building (Planning) Regulations (B(P)R 31) (con t) (d) where such window opens on to an area bounded on the side opposite the window by a boundary of the site on which the building is erected, such window is so placed that, if the rectangular horizontal plane is projected to such boundary and, from the position at which it first intersects the boundary, another rectangular plane, the base whereof is parallel and level with the sill of the window and has a length equal to the length of the base of the rectangular horizontal plane, is projected, towards the site and above the rectangular horizontal plane, at an angle of 80 1/2 degrees from the horizontal where the window is in a room used for habitation or 83 degrees where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within such site, protrudes above such inclined plane: Provided that, where there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the boundary shall, for the purposes of this sub-paragraph be deemed to be at a position 1.5 m beyond such boundary.

56 Building (Planning) Regulations (B(P)R 31) (con t) (2)The rectangular horizontal plane shall be such that- (a) it has an area of not less than 21 m 2 ; and (b) the minimum length of the base is not less than 2.3 m; and (c) the minimum length of the sides at right angles to the base, between the wall in which the window is sited and any other wall or building opposite thereto within the boundary of the site on which the building is erected, is not less than 4.5 m; or (d) where the window opens on to an area bounded on the side opposite to the window by a boundary of the site on which the building is erected, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and such boundary, is not less than 2.3 m; or

57 Building (Planning) Regulations (B(P)R 31) (con t) (e) where the window opens on to an area bounded on the side opposite to the window by a boundary or the site on which the building is erected and there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and a line 1.5 m beyond such boundary or, where such service lane or street is less than 3 m wide, between the wall in which the window is sited and a line drawn along the centre line of the service lane or street, is not less than 2.3 m.

58 Building (Planning) Regulations (B(P)R 31) (con t) (3) For the purposes of this regulation- (a) "base" ( 底邊 ), when used in relation to the rectangular horizontal plane, means that side of the rectangular horizontal plane common with the line of the sill of the window; "rectangular horizontal plane" ( 矩形水平面 ) means a rectangular plane at the level of the sill of the window having the minimum area and minimum dimensions prescribed by paragraph (2); "window" ( 窗 ) includes french window; and (b) the sill of a prescribed window shall be deemed to be at a level 1 m above the level of the floor of the room for which the prescribed window is provided, whether or not the sill is at such level.

59 Building (Planning) Regulations (B(P)R 31) (Con t)

60 Building (Planning) Regulations B(P)R32- Restriction on distance any part of room may be from prescribed window No part of any room used for habitation shall be more than 9 m, measured within the room, from a prescribed window which faces directly into the external air or, where, under and in accordance with regulation 33, a window opens on to an enclosed verandah or balcony or on to a conservatory or on to any similar enclosed place or is, under regulation 71, permitted to open on to an unenclosed verandah or balcony or any other unenclosed place, from the outer edge of the verandah, balcony, conservatory or enclosed or unenclosed place, as the case may be.

61 Building (Planning) Regulations B(P)R41 - Means of Escape (1) Every building shall be provided with such means of escape in case of emergency as may be required by the intended use of the building. (2) Without prejudice to paragraph (1), every building which exceeds 6 storeys in height or in which the level of the floor of the uppermost storey is more than 17 m above the level of the ground at the point of discharge of the main staircase shall, in addition to the main staircase, be provided with a second staircase as means of escape in case of emergency.

62 Building (Planning) Regulations B(P)R41A - Access Staircase for Firemen (1)., every building that exceeds 1 storey shall be provided with an adequate number of staircases, so designed and constructed as to allow firemen safe and unobstructed access to all floors of the building in the event of a fire ("access staircases"). (2) In determining what is, in respect of a building, an adequate number of access staircases, regard shall be had to the intended use of the building and the size of each floor. (3). (4) This regulation does not apply to a building not exceeding 3 main storeys in height that is used or intended to be used solely for domestic purposes and constituting a single household unit.

63 Building (Planning) Regulations B(P)R41B - Fireman s Lifts (1)., every building exceeding 2 storeys in height shall be provided with at least such number of lifts designed and installed to be used by firemen in the event of a fire ("fireman's lift") as will ensure that no part of the floors that they serve are more than 60 m from such a lift. (4) This regulation does not apply to- (a) a building- (i) provided with only 1 staircase; (ii) not exceeding 6 storeys ; and (iii). the floor of the uppermost storey is not more than 17 m ; (b) a domestic building not exceeding a height of 30 m;

64 Building (Planning) Regulations (B(P)R41B) (con t) (c) a non-domestic building or the non-domestic part of a composite building- (i) in which no industrial undertaking is being, or is intended to be carried on and which is not used or intended to be used for bulk storage or as a warehouse, place of public entertainment, hotel or hospital; and (ii) either- (A) not exceeding a height of 15 m; or (B) exceeding a height of 15 m but neither exceeding a height of 30 m nor a cubical extent of 7000 m 3. (5) (6)

65 Building (Planning) Regulations B(P)R41C - Fire fighting and rescue stairway (1) (a) every building exceeding- (i) a height of 30 m; or (ii) a cubical extent of 7000 m3 and a height of 1 storey, in which an industrial undertaking is being, or is intended to be carried on or which is used, or is intended to be used for bulk storage or as a warehouse; and (i) (ii) (A) exceeding a cubical extent of 7000 m 3 ; and (b) every basement- either- exceeding a height of 2 storeys; or (B) exceeding a depth of 9 m from the floor level of the ground storey above the basement to the floor level of the lowest storey in the basement.

66 Building (Planning) Regulations (B(P)R 41C) (con t) (2)Every building or basement to which this regulation applies shall be provided with at least such number of firefighting and rescue stairways as will ensure that no part of the building (including any basement in the building) or Basement is more than 60 m from such a stairway. (3)Subject to paragraph (4A), every firefighting and rescue stairway shall be so designed and constructed that- (a) no lift other than a fireman's lift is installed in the stairway; (b) not more than 3 fireman's lifts are installed in the stairway; (c) if the roof is accessible by a staircase, the access staircase of the stairway serves the roof;

67 Building (Planning) Regulations (B(P)R41C) (con t) (d) in the event of a fire, firemen may have safe and unobstructed access- (i) to all floors; and (ii) if subparagraph (c) applies, to the roof; and (e) firemen using the stairway are adequately protected from fire and smoke. (4)For the purposes of paragraph (1)(a), the height of a building shall be measured in accordance with regulation 23(1). (4A)A fireman's lift in a firefighting and rescue stairway is not required to serve the top floor of a building to which this regulation applies if the Building Authority is satisfied that there is no practicable alternative to locating the machine room for the lift on that floor.

68 Building (Planning) Regulations (B(P)R41C) (con t) (5)In this regulation- "access staircase" ( 通道樓梯 ) has the same meaning as in regulation 41A; "basement" ( 地庫 ) means any storey of a building below the ground storey and from which any exit route required by or under these regulations is in an upward direction; "cubical extent" ( 體積 ) has the same meaning as in regulation 41B; "firefighting and rescue stairway" ( 消防和救援樓梯間 ) means a stairway accommodating an access staircase and a fireman's lift; "fireman's lift" ( 消防員升降機 ) has the same meaning as in regulation 41B; "ground storey" ( 地面樓層 ) means the storey in which is situated an entrance from a street to the building and, where a building fronts or abuts on more than on street and due to a difference in street levels there are 2 or more entrances serving different street and situated in different storeys, means each such storey.

69 Building (Planning) Regulations B(P)R41D - Emergency Vehicular Access (1) Every building shall be provided with an emergency vehicular access which is so designed and constructed as- (a) to allow safe and unobstructed access of a vehicle of the Fire Services Department to the building; and (b) to provide for the safe operation of such a vehicle, in the event of a fire or other emergency. (2) The design and construction of an emergency vehicular access shall be in accordance with such requirements as may be specified by the Building Authority from time to time having regard to the intended use of the building. (3) The Building Authority may exempt a building from any or all of such requirements on design and construction if the Building Authority is satisfied that compliance with the requirement or requirements is- (a) impracticable having regard to the topographical features of the area on which the building is situated; or

70 Building (Planning) Regulations (B(P)R41D) (con t) b) unwarranted on the ground that the purpose for which the building is to be used constitutes a low fire risk. (4) A building in respect of which an exemption under paragraph (3) is in force shall comply with such other fire safety measures as may be specified by the Building Authority for the purpose of ensuring that the safety of the building would not be prejudiced by the exemption. Please also see : CODE OF PRACTICE FOR FIRE SAFETY IN BUILDINGS 2011 MOE; FRC; MOA; Fire Properties of Building Elements and Components; Fire Safety Management; Guidance on Fire Engineering

71 Exemption from the Buildings Ordinance (B O s.41) Buildings belonging to the HKSAR Government; Buildings upon the Housing Authority s control & management; Buildings belonging to the Central People s Government; Streets & access road maintained by the HKSAR Government.

72 Exempted Building Works (B O s. 41) B O s.41 - Exemptions. (3) Building works (other than drainage works, ground investigation in the scheduled areas, site formation works or minor works) in any building are exempt from sections 4, 9, 9AA, 14(1) and 21 if the works do not involve the structure of the building. (3B)Designated exempted works that are prescribed in the regulations are exempt from sections 4, 9, 9AA, 14(1) and 21. (3C)Drainage works (other than minor works) in any building are exempt from sections 4, 9 and 14(1) if the works do not involve (a) the structure of the building;

73 Exempted Building Works (B O s. 41) (con t) (b) (c) (d) (e) (f) any drain or sewer into which there is discharge, or into which it is intended to discharge, any trade effluent, chemical refuse, waste steam, petroleum spirit, carbide of calcium, acid, grease or oil; altering any manhole at which any drain or sewer from the building is connected with a public sewer; altering any septic tank or cesspool; making a direct or indirect connection.. to a septic tank or cesspool; or underground drainage works in a scheduled area that is described as area number 3 in the Schedule 5. (3D)Nothing in subsections (3), (3B) and (3C) permits any building works or drainage works to be carried out in contravention of any regulations.

74 Modification and Exemption (B O s. 42) B O s Building Authority's powers of exemption (1) Where in the opinion of the Building Authority special circumstances render it desirable he may, on receipt of an application therefor and upon payment of the prescribed fee, permit by notice in writing modifications of the provisions of this Ordinance. (2) Every application for an exemption under this section shall be in the specified form, and shall be considered on its own merits by the Building Authority who shall not be required to take account of exemptions granted in the past. (3) A permit granted under this section may contain such conditions as the Building Authority shall deem necessary.

75 Modification and Exemption (B O s. 42) (con t) (4) No such permit shall be granted to the prejudice of the standard of structural stability and public health established from time to time by regulations. (5) This section shall not apply to section 14. (6) The breach of or failure to perform or to consent to any condition attached to a modification or exemption granted under this section shall render such modification or exemption invalid, and thereupon the purported grant of such modification or exemption shall be no defence to any proceedings for non-compliance with the provisions of this Ordinance. Form BA16 for Exemption / Modification Applications

76 Modification and Exemption What are the common modification items? What are the common exemption? Relationship for modifications under the B O and under a government lease

77 Priority Status PNAP (40) ADM-4 Priority Be granted under the project will be beneficial to public interest i.e. Hospital, Public Utilities (a) (i) Urgently required public utility and institutional buildings; (ii) Hong Kong Housing Society Projects, (b) Projects on lands owned by the Hong Kong Science and Technology Parks Corporation, Tai Po Industrial Estate, (c) Any project submitted for or on behalf of the Urban Renewal Authority (URA) by a wholly owned subsidiary company or a joint venture consortium of which the URA is a partner, (d) Projects that are likely to significantly contribute to the economic growth of Hong Kong Examples: SARS Wards

78 Fast Track Processing System (PNAP (272) ADM-19) Concurrent Applications for Approval and Consent for A&A works, drainage works, curtain wall works and cladding works subject to certain criteria; Fast Track Processing plans within 60-days; Concurrent Applications for Approval and Consent for Minor A&A works not involving structural works/not affecting fundamental issues & not requiring referral to other Depts. (except FSD); Fast Track Processing plans within 30-days Concurrent Applications for Approval and Consent for Two-storey warehouse subject to certain criteria; Fast Track Processing plans within 45-days Concurrent Applications for Approval and Consent for Plans for Signboard Fast Track Processing plans within 30-days

79 Site Supervision B O s.39a Technical Memorandum The Technical Memorandum for Supervision Plans supplements the provisions of the Buildings Ordinance governing the supervision of building works and street works The Technical Memorandum sets out the principles, requirements and operation of supervision plans Code Of Practice For Site Supervision 2009 Technical Memorandum for Site Supervision 2009 What is the content of site supervision plans? (TCP? To be appointed?)

80 Development Potential How to determine development potential of a site? What documents or government departments need to be consulted? What is the site classifications under the B O? Differentiate between classes of site? For a B(P)R 19(2) case, how to advise your client the development potential?

81 Change in Use BO s Change in use of buildings (1) One month's notice in the specified form shall be given to the Building Authority of any intended material change in the use of a building by the person intending to carry out or authorizing the carrying out of such change. (2) Where in the opinion of the Building Authority any building is not suitable by reason of its construction for its present or intended use, he may by order in writing served on the owner or occupier (a) within 1 month of the receipt of a notice under subsection (1) prohibit such intended use; or

82 Change in Use (B O s.25) (con t) (b) require the owner or occupier to discontinue such present use of the building within 1 month from the service of the order: Provided that the Building Authority may permit by notice in writing such building works as he deems necessary for the purpose of rendering the building suitable for its present or intended use. (3) The use of a building shall be deemed to be materially changed (a) where the carrying out of building works for the erection of a building intended for such use would have contravened the provisions of this Ordinance; or (b) where the Building Authority could have refused to give approval to plans of such building works under section 16(1)(g).

83 Scheduled Area B O Schedule 5 Scheduled Areas 1. Mid-levels area 2. North-western N.T. (Yuen Long) 3. Railway protection areas 4. Ma On Shan area 5. Sewage Tunnel protection areas

84 Ground Investigation Works (G I) Do G.I. works require B.D. prior approval & consent? What is the implication if a G.I. works is carried out without notice to BD?

85 Statutory Orders Name the statutory orders. Who have the authority to issue the orders? Statutory Orders : s. 23 cease work s. 24 demolition, removal or alteration of bldg/works s. 24(A) cease or remedy dangerous works s. 26 dangerous bldg s. 27 closure order s. 27(A) dangerous hillside s. 27(B) danger to buildings caused by abstraction of groundwater from wells s. 27(C) water pipes, drains or sewer in slopes s. 28(A) ground water drainage works in scheduled area

86 Emergency Works B O s.19 - Provision for urgent work (1) Where- (A) any accident or emergency renders it necessary to shore up, underpin, demolish or otherwise make safe any existing building, or any natural, formed or man-made land, or to carry out any street works immediately; and (B) notice in the specified form of such work and of the accident or emergency which necessitated the same is given to the Building Authority by the building owner, or.. either before such work is authorized or within 48 hours after it has been commenced.. Such work may be commenced without obtaining the Building Authority's consent The AP is required to give to the BA as soon as practicable after the urgent work arises notice of- (a) any material deviation from the supervision plan; (b) the urgent work; (c) a revised supervision plan; (d) any further amendments to any supervision plan arising out of the urgent work.

87 Minor Works Control System Building (Minor Works) Regulations - Chapter 123N The Buildings Department ( BD ) carried out comprehensive review of the Buildings Ordinance (Cap.123) with in order to rationalize the building control regime. As a result of the review, the minor works control system (MWCS), was introduced in the Buildings Ordinance by the Buildings (Amendment) Ordinance 2008 and Building (Minor Works) Regulation (Cap. 123N) to allow the public to carry out minor works lawfully through simplified procedure; For the purposes of the definition of minor works in section 2(1) of the Ordinance, class I minor works, class II minor works and class III minor works are designated as minor works. minor works ( 小型工程 ) means building works designated in the regulations as minor works for the purposes of this definition. General Guidelines on Minor Works Control System, and Technical Guidelines on Minor Works Control System

88 Part B Lease Control A land grant is : A form of contract between Grantor and Grantee Relationship Freehold Vs Leasehold

89 Typical Lease Conditions Lease Term User Clause Definitions Maximum building heights Minimum and maximum gross floor area Maximum permitted site coverage Period required for construction - Building Covenant Period Master Layout Plan Design, disposition and height clause Formation of Coloured Areas

90 Typical Lease Conditions (con t) Car parking facilities, loading and unloading requirements Vehicular ingress and egress Landscaping and environmental requirements Recreational facilities active and passive Restriction of alienation before completion clause Certificate of Compliance (CC) Minimum / Maximum Area of Units Minimum no. of units Other community facilities * restrictive covenant positive covenant

91 Form of Land Grant Auction Tender Land Exchange Private Treaty Grant (PTG) Modification to Lease conditions

92 Lease Control Old Lease Vs New Lease

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110 Part C Town Planning Control Town Planning Ordinance (Chapter 131) Long Title : To promote the health, safety, convenience and general welfare of the community by making provision for the systematic preparation and approval of plans for the lay-out of areas of Hong Kong as well as for the types of building suitable for erection therein and for the preparation and approval of plans for areas within which permission is required for development. Outline zoning plan Permitted Use Column 1 Use Always Permitted Column 2 Use May be permitted upon application i.e. S.16 application

111 Town Planning Ordinance TPO s.16 - Applications for permission in respect of plans (1) Where a draft plan or approved plan, whether prepared or approved before or after the commencement of the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), provides for the grant of permission for any purpose, an application for the grant of such permission shall be made to the Board. (2) Any such application shall be addressed in writing to the secretary to the Board and shall (a) set out (i) whether the applicant considers he has within a reasonable period before the application is made (A) obtained the consent in writing of each person (other than himself) who is a current land owner in respect of the application, or notified such person in writing of the application; or (B) taken such reasonable steps as the Board requires in order to obtain the consent of such person in respect of the application, or to give notification to such person in respect of the application; and

112 Town Planning Ordinance TPO s.16 (con t) ii) particulars of such consent or notification or such steps, as the case may be; (b) subject to paragraph (a), be in such form and include such particulars as the Board requires; and (c) be accompanied by the prescribed fee (if any). (2A)Where an application is made under subsection (1), the Board may require the applicant to verify any matter or particulars set out or included in the application, whether by statutory declaration or otherwise. (2B) Notwithstanding subsection (3), the Board may refuse to consider an application made under subsection (1) where (a) the application does not comply with any of the requirements specified in or made under subsection (2); or (b) the Board is not satisfied that the applicant has within a reasonable period before the application is made (i) obtained the consent in writing of each person (other than the applicant) who is a current land owner in respect of the application, or notified such person in writing of the application; or

113 Town Planning Ordinance TPO s.16 (con t) (ii) taken such reasonable steps as the Board requires in order to obtain the consent of such person in respect of the application, or to give notification to such person in respect of the application. (2C) The Board shall, as soon as reasonably practicable after any application is made to it under subsection (1), make the application available for public inspection at reasonable hours, and shall continue to do so until the application has been considered at a meeting under subsection (3). (2D)In respect of any application referred to in subsection (2C), the Board (a) shall cause a notice that complies with subsection (2E) to be posted in a prominent position on or near the land to which the application relates, or on any premises or structure on the land, at the beginning of the period during which the application is available for public inspection under subsection (2C); or (b) shall cause a notice that complies with subsection (2E) to be published in 2 daily Chinese language local newspapers and 1 daily English language local newspaper once a week during the first 3 weeks of the period referred to in paragraph (a).

114 Town Planning Ordinance TPO s.16 (con t) (2F) Within the first 3 weeks of the period during which any application is available for public inspection under subsection (2C), any person may make comment to the Board in respect of the application. (2G) Any comment referred to in subsection (2F) shall be made in such manner as the Board requires. (2K) Where the Board accepts any further information for the purposes of an application under subsection (2J) (a) subject to paragraphs (b) and (c), the further information shall be regarded as having been included in the application; (2H)Where any comment referred to in subsection (2F) (a) is made to the Board after the expiration of the period of 3 weeks referred to in subsection (2F), it shall be treated as not having been made; or (b) does not comply with any of the requirements made under subsection (2G), it may be treated as not having been made.

115 Town Planning Ordinance TPO s.16 (con t) (2I) The Board shall, as soon as reasonably practicable after the expiration of the period of 3 weeks referred to in subsection (2F), make all comments made to it under that subsection available for public inspection at reasonable hours, and shall continue to do so until the application in question has been considered at a meeting under subsection (3). (2J) Where (a) at any time after an application is made under subsection (1) but before consideration by the Board of the application at a meeting under subsection (3), any further information is given to the Board by the applicant to supplement the information included in the application; and (b) subsection (2C) shall further apply, with necessary modifications, to and in relation to the further information as it applies to and in relation to the application; and (c) subject to any exemption under subsection (2L) (i) subsections (2D), (2E), (2F), (2G), (2H) and (2I) shall further apply, with necessary modifications, to and in relation to the further information as they apply to and in relation to the application; and

116 Town Planning Ordinance TPO s.16 (con t) (ii) for the purposes of subsection (3), the application shall be regarded as received when the further information is received. (2L) Where the Board is satisfied that there are reasonable grounds to do so, it may exempt any further information accepted by it for the purposes of an application under subsection (2J) from subsection (2K)(c). (3) The Board shall within 2 months of the receipt of the application, consider the same at a meeting and, subject to subsection (4), may grant or refuse to grant the permission applied for. (3A) In considering an application at a meeting under subsection (3), the Board shall also take into account any comment made in respect of the application under subsection (2F). (4) The Board may grant permission under subsection (3) only to the extent shown or provided for or specified in the plan.

117 Town Planning Ordinance TPO s.16 (con t) (5) Any permission granted under subsection (3) may be subject to such conditions as the Board thinks fit. (6) The secretary to the Board shall notify the applicant in writing of the Board s decision on an application under this section, and where the Board refused to grant permission shall also notify the applicant of his right to a review under section 17. (7) For the purposes of section 16(1)(d) and (da) of the Buildings Ordinance (Cap 123), anything permitted under a permission granted by the Board under this section shall not be a contravention of any approved plan or draft plan prepared under this Ordinance. (8) In this section, current land owner ( 現行土地擁有人 ), in relation to an application made under subsection (1), means any person whose name is registered in the Land Registry as that of an owner of the land to which the application relates, as at the commencement of such period before the application is made as is specified by the Board by notice published in the Gazette.

118 Town Planning Ordinance TPO s. 17 Right of Review (1) Where an applicant is aggrieved by a decision of the Board under section 16 or 16A, the applicant may, within 21 days of being notified of the decision of the Board, apply in writing to the secretary to the Board for a review of the Board's decision. (2) ( 3 ) (6) On a review under this section, the Board may confirm or reverse the decision in question, or substitute for the decision in question any decision it could have made under section 16 or 16A, as the case may be.

119 Town Planning Ordinance TPO s.17b - Appeals (1) An applicant who is aggrieved by a decision of the Board on a review under section 17 may appeal by lodging, within 60 days after notification of the Board's decision under section 17(6), a notice of appeal setting out the grounds for the appeal and such other particulars as may be prescribed. (2) The appellant and the Board may appear before an Appeal Board in person, where applicable, or by an authorized representative. (3).. (9) The decision of an Appeal Board on any appeal shall be final.

120 Extract of Outline Zoning Plan

121 Extract of Outline Zoning Plan

122 Extract of Outline Zoning Plan

123 Specimen of Planning Notes

124 Specimen of Planning Notes

125 Specimen of Planning Notes

126 S16 Application

127 Planning Enforcement No enforcement action/power under TPO for areas controlled by OZPs Enforcement under TPO s.23 regarding unauthorized development for areas covered by DPA

128 Differentiation of BO s.25 and s.16 Planning Application Form BA 15 under BO s.25; Where there is a material change-in-use not involving works requiring prior approval and consent from BA BA would decide whether to raising objection to the intended change-in-use after considering whether there is any contravention including BO s.16 (1)(d) i.e. TPO If the intended use is a column 2 use under the OZP i.e. s. 16 planning application is needed before effecting the change s. 16 planning application is also required before submitting plans involving use under Column 2

129 The End