10-2017

Buildings Ordinance
Section 2:
Definition of new building:
1) Newly constructed building;
2) Existing building of which not less than half of volume is rebuilt;
3) Alternation of existing building that not less than one half of superficial area of main wall is
reconstructed.

BD Circular (29-07-2013): horizontal extension and vertical extension outside the dimensions of an
existing building would constitute a new building.

Section 14(1): Approval of plans and consent to commencement of works

Section 14A: consent to commence of works is not deemed under Section 15 if SSSP is not available

Section 16: Grounds to refuse approval of plans:-

b) Fire Certificate is not available;
c) Not submitted under the specified form;
d) Contravene Buildings Ordinance and other enactment (like Antiquities and Monuments
Ordinance Cap. 53), and contravene approved and draft plan prepared under Town Planning
Ordinance;
da) Building works within CDA of outline zoning plan contravene the master layout plan approved by
the Town Planning Board
f) Prescribed submission fee is not paid;
i) Further particulars on such plan is required to enable BA fully to consider such plan

Section 21: Occupation of new building

Subsection (6): Grounds to refuse to issue OP / TOP:-
a) Contravention of any of the provisions of this Ordinance;
b) Streets or access road is not completed;
c) Lift certificates for fireman’s lift & accessible lift (for other lifts, no certificate is needed upon OP as
long as the liftway is protected to avoid any danger to persons using the building);
d) Fire certificates;
e) Water certificates;
f) Performance review for geotechnical design assumptions under section 17(1) of the BO is not valid.
(Usually, performance review required for site adjacent to slope which has history of substantial
continuous ground movement or excavation on reclaimed land)
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Other documents are required to submit upon or before OP application:

1) 2 sets of record plan with CD Rom(APP 13);
2) Certificate and schedule of accepted building materials and products (APP 13);
3) Certificate of completion of vehicular run-in and run-out (APP 144);
4) Checklist on valid forms BD 106 (ADM 2);
5) Summary of GFA Concessions (ADM 2);
6) Drain test report;
7) Confirmation of street number;
8) Certificate of completion of EV charging facilities (APP2);
9) OTTV report;
10) BA 14 acknowledgement for site formation works/ associated A&A;
11) Documents related to PNAP APP151 (e.g. declaration on annual energy use, RTTV report, etc.).

Section 31: No structures shall project over street unless:-

1) Structure complied with part II of Building (Planning) Regulation;-
2) Signboard erected to the satisfaction of concerned Authorities
(FSD: fire protection, HyD &TD: impact on traffic, BD: danger to any other structure/ public)
3) Exempted by BA under Section 42 of the BO

Section 41:
Subsection (1): The following are exempted from provision of the BO:-
1) Buildings belonging to Government
2) Buildings subject to Housing Ordinance, buildings on land that vested in Housing Authority or
under HA’s control and management;
3) Buildings on land that vested in person who represent Hong Kong Garrison;
4) Street or access road vested in and maintained by Government

Subsection (3): Building works (other than drainage works, ground investigation in the scheduled area,
site formation or minor works) in the building are exempted from section 4, 9, 9AA, 14(1) & 21 if the
works do not involve structure of the building.

Subsection (4): BO does not apply to temporary buildings used as a place of public entertainment.

Section 42: Empowering section for BA to grant exemption/modification of this Ordinance, but:-
1) Do not apply to section 14 of the BO;
2) Shall not be granted to the prejudice of the standard of structural stability and public health.
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Building (Planning) Regulations

Section 18A:
Site Classification:
Class A – Abuts to 1 specified street >= 4.5m(W)
Class B – Corner Site; 40% of boundary abuts to 2 specified streets >=4.5m(W)
Class C – Corner Site; 60% of boundary abuts to 3 specified streets >=4.5m(W)
Non-Class A/B/C site – Abuts to no specified street; access to site through an access road with right of
way; permitted PR &SC determined by BA under 19(3) of BPR*
* Usually the permitted PR & SC would follow those approved under S.16 planning application to TPB

Definition of specified street:-

1) Street vested in government and maintained by HyD;
2) Street held under the same lease of the site which the lessee is required to surrounded to
Government under the lease term;
3) Street to be constructed on unleased Government land by the lessee of the Government lease
under which the site is held under the lease term ;
4) Street on land over which the owner is expressly granted a right of way exercisable at all times;
5) Street is held under a Government lease by the owner of the site; OR
6) Combination of any above cases.

Section 28A:
Access facilities for telecommunications and broadcasting services (TBE room):
1) Size: refer to PNAP APP 84; based on calculation of Useable Floor Spaces / No. of room or flats
2) Headroom: 2.8m for domestic / hotel and 3m for commercial / industrial
3) Provided with sufficient lighting and ventilation.
4) No water-borne pipes (drainage, sewage, sprinkler, etc.), high voltage power supply, transformers
should be installed inside TBE room.

Section 30:
Provision of natural ventilation and lighting for habitation, office and kitchen, by means of window(s):-
a) Aggregate superficial area of glass in window = 1/10 of UFA
b) Openable window = 1/16 of UFA; top of opening shall not be less than 2m (1.9 m) from floor

Such window shall faces directly into external air.

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Section 31: Prescribed window deemed to face external air:-

a) Faces into a street >= 4.5m wide; OR
b) Faces into an uncovered and unobstructed spaces delineated by Rectangular Horizontal Plane and
its inclined plane.
RHP (at level of window sill which is deemed to be 1m from floor level):
2
Area >= 21 m ;
Base >= 2.3m;
Length>= 4.5m (facing building on same site) or 2.3m (facing site boundary/ centre line of services
lane which <3m / 1.5m beyond the boundary if services lane >3m)
Inclined plane:
Facing buildings on same site Facing site boundary
Habitation 71.5 81.5
Office/kitchen 76 83

Section 32: Area to be served shall be within 9m from the prescribed window

Section 36:
Provision of natural ventilation and lighting for room containing soil and waste fitments:-
a) Aggregate superficial area of glass in window = 1/10 of UFA
b) Openable window = 1/10 of UFA; top of opening shall not be less than 2m (1.9 m) from floor

Such window shall faces directly into open air.

Open air defined in section 2 of BPR:-

a) Vertically uncovered and unobstructed;
b) With any horizontal dimension not less than 1.5m;
2
c) For 4 sides enclosed case, area not less than 1m per 6m of the mean height of the enclosure walls
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Modification to section 30 or 36 of BPR (pursuant to section 42 of the BO):

1. Compensatory measure by means of artificial lighting and mechanical ventilation to achieve:-
ADM2: APP 98:
For toilets in domestic flat,
a) 5 ACH; plus
b) Opening with area of 1/20
of the room to open air OR
to room with prescribed
windows as a combined
room

Fresh air intake shall not be within 5m from exhaust air/ potential pollution sources/cooling tower

2. Performance Approach under APP 130 (for domestic kitchen and habitable rooms only):-
Lighting: Measuring the Vertical Daylight Factor (VDF) – 4% kitchen & 8% habitable rooms
Ventilation: 1.5 ACH natural + 5 ACH mechanical for kitchen & 1.5ACH natural for habitable rooms
*window is allowed to face “open air” instead of “external air” for provision of natural ventilation
**Area to be served by the window could be extended to 12m instead of 9m under Section 32
when cross ventilation is provided

Section 41: Means of Escape;

Section 41A: Access staircases for firemen;
Section 41B: Fireman’s Lift;
Section 41C: Fire Fighting and Rescue Stairway;
Section 41D: Emergency Vehicular Access;
Section 72: Barrier Free Access
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Building (Construction) Regulations

Section 2:
Dead load: Weight of walls, floors, finishes and other permanent construction
Imposed load: Load other than dead load and wind load
Wind load: Load due to wind pressure or suction

Section 8:
Protective barrier for level difference > 600mm (1.1m high, lowest 150mm built solid, gap <100mm).
This section NOT apply to area for maintenance only, single family house, stage in assembly hall and
loading bay in factory)

Section 35: Floors next to external ground shall be not less than 150mm above external ground

Section 49: Flat roof shall be at a level of not less than 150mm below adjacent usable floor area

Modification of section 35 & 49 (pursuant to section 42 of the BO), with compensatory measure:-
a) Surface channel with not less than 2 drain outlets;
b) 1:80 fall; and
c) If above are not feasible due to site constraint, 150mm curb is acceptable subject to BA discretion.

Section 90: Fire resistance construction

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Building (Refuse Storage and Material Recovery Chambers and Refuse Chutes) Regulations
Section 3:
Provision of RS&MRC:
1) Area: refer to schedule; based on UFS calculation; Size not less than 1.5m x 1.5m (section 8(1));
2) Headroom: 2m (section 8(2));
3) Provided with close-fitting steel door (situated in external wall with H>1.8m & W>1.25m);
4) One of the walls shall be an external wall (section 7);
5) Provided with a water supply point (section 12);
6) Mechanical ventilation with 3 ACH and equipped with air purifying facilities (section 12A);
7) Internal faces of the walls shall be lined with glazed bricks or glazed tiles (section 9);
8) Ceiling to be smooth finishes (section 9);
9) Floor laid to fall to an outlet which is connected to an Back Inlet Trapped Gully situated immediately
outside the Chamber (section 9 & 11); and
10) Floor with quarry tile as finishes (section 9).

This regulations not apply to building for use of church, school and carpark.

Section 3A:
Provision of “refuse room” to every floor of domestic building (exclude hotel, guesthouse, boarding
house)

Refuse Room:
1) Size: min. 1.5m x 1.5m (section 8(1));
2) Mechanical ventilation with 3 ACH and equipped with air purifying facilities (section 12A);
3) Lighting not less than 120lux at finished floor level (section 12C); and
4) Separated from the rest of building by 2FRP walls and 1FRP door (PNAP APP 35).

This regulation shall not apply to:-

1) Single staircase building;
2) Building occupied by single family and not more than 3 floors design for habitation; or
2
3) Site area not more than 500 m .
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Building (Minor Works) Regulations & Technical Guideline

Prescribed building professionals (for Class I minor works):
AP/RI(for MBIS), RSE (if involve structural elements) or RGE (if involve geotechnical elements)
Prescribed registered contractors: RMWC / RGBC / other registered specialist contractor

Prescribed plans and details need not to be signed by RSE, when:-

a) Height of the construction <10m;
b) Span of structural elements of the construction <6m;
c) Structural elements are constructed of timber, masonry, steel, concrete (plain or R.C.);
d) Spread footing not bearing more than 300kPa and not being 2m below existing ground level;&
e) No structural alteration to existing structural elements designed by RSE.

SSSP is needed for Class 1 Minor Works.

Addendum (domestic window):

Class 1 minor works for window with protective barrier <0.8m
Class 2 minor works for window with protective barrier <1.1m & >0.8m and width of opening <2.5m

Addendum (QC for tempered glass & repair of structural elements & supporting structure for antenna):
Tempered Glass:
1) Quality supervision plan to be submitted upon application to commencement of works.
2) Declaration statement on QAS/QAC, compliance report on heat soak process and quality supervision
report to be submitted upon report completion of works.
3) Prepared & signed by: AP/RSE (class 1), RMWC (class 2&3)
4) Quality control supervisor(100% supervision ): AP/RSE or T3 (class 1), RMWC or T1 (class 2&3)

Structural Repair:
Recasting of structural elements under item 1.17. Design of temporary support and QC of concrete &
rebar are required.

Supporting structure for antenna:

1) Item 3.9: Possible to mount on roof parapet given that thickness of parapet >125mm;
2) Item 1.13 & 1.14: structural justification on the adequacy of the supporting structure is needed
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Mandatory Building Inspection Scheme (MBIS) Under Section 30B of BO – Building aged 30 or above
Exemption: Domestic building not exceeding 3 storeys in height
Procedure & Specified forms:
1) Pre-notification letters (non-statutory)
2) Statutory Notice under 30(B) of the BO – not less than 6 months after pre-notice
 Owner to appoint RI and submit MBI 1
3) Prescribed inspection by RI – completed within 3 months
 RI to submit MBI 3 or MBU 3a with an inspection report
3a) Detailed investigation when RI thinks necessary – EOT application
 RI submit notification and detailed investigation proposal in advance
4) Prescribed repair by RGBC/RMWC under RI’s supervision – completed within 6 months
 RI to submit MBI 4 with a completion report

Prescribed inspection is confined to all common parts, external walls, projections and signboards.

5 Building Elements:
a) External elements and other physical elements;
b) Structural elements;
c) Fire safety elements;
d) Drainage system; and
e) Unauthorized building works.

External Elements and other physical elements

 External finishes such as tiling, cladding
 Curtain wall and associated openable window
 Skylight
 Protective barriers at external wall or roof
 Fence wall & metal gate
 Signboard
 Planter

Structural Elements
 Columns, walls, beams, slab;
 Staircase;
 Cantilevered projecting structure (100% for pure slab type / 30% for beam-slab type)
 Transfer structure (30%)
 Protective barrier
 Other ancillary building structures such as bridge, swimming pool, etc.
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Inspection to cantilevered slab canopy projecting over street:

1) Open-up inspection (at lease 2nos. or every 6m per 1 no.)
2) Coring to measure actual slab thickness, compressive strength and carbonation of concrete
3) Drainage / fall

Fire Safety Elements

 MOE
 MOA
 FRC

Follow legislations, standards and CoPs at the time the building was constructed and the A&A works
had been carried out.

Points to note:
1) Any unauthorized alteration affecting fire safety?
2) Unsuitable change in use?

Drainage System
 Drainage system located at the external wall
 Drainage system in the common parts
 Drainage system laid within common pipe ducts (every 3 floor for PD inside individual units)
 Common underground and aboveground drainage system, including manhole

Points to note:
1) Misconnection of foul / storm water system?
2) Discharge of foul water to open areas?

Unauthorized Building Works

 Flat roof/ roof top structure
 Projections (A/C platform, canopy, signboard etc.)
 Alteration of external wall
 Unauthorized enclosure to balcony
 Yard structure

Points to note:
 UBW found are for BA’s record only;
 Report to BA immediately for UBW with obvious hazard or imminent danger to life or property
(e.g. overloading); lead to serious environmental problem; under construction
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Mandatory Window Inspection Scheme (MWIS) under 30C of BO – Building aged 10 or above
Exemption: Domestic building not exceeding 3 storeys in height
Procedure & Specified forms:
1) Pre-notification letters (non-statutory)
2) Statutory Notice under 30(C) of the BO – not less than 2 months after pre-notice
 QP to submit MWI 1
3) To complete inspection by QP and repair – within 6 months

Elements to be inspected (aluminum window):-

a) Window frame – difficult to open?
b) Hinges (2.5mm thk. S.S.) – corroded or deformed? 4-bar hinge?
c) Rivets (S.S. of 4.8mm dia) and screws (S.S. of 5mm dia.) – loosen or missing? Rust?
d) Sliding tracks – deformed or missing? Rust?
e) Lock set – Jammed handle? Loosen or missing?
f) Glass panes – Broken?
g) Gasket – Missing or defective?

Measures to prevent water seepage (APP 116 & BD’s guideline):-

 Window hood with sufficient fall (or built in projecting fin with drip nose)
 Water bar below bottom frame to prevent water penetration
 Proper structural design (e.g. trimming bars along edge of opening to strengthen the corners to
prevent diagonal cracks)
 Use of waterproof grout to fill up gap between wall and frame
 No oversized window opening -> minimize the gap between wall and frame
 Wall finishes lapped with window frame and sealed with weatherproof sealant

Water tightness test (AAMA 501.2)

Spray pressurized water to external side of the window to simulate heavy rainfall situation
300mm away from window; pressure up to 210-240 kPa; last for 10mins
Hack off all grouting is leakage is detected.

Aluminum Window Steel Window

Durable Durable
Easy & Low maintenance Difficult to install (heavy)
Easy to be scratched (soft metal) -> Difficult in sourcing spare parts and
install in later stage craftsman for repair
Regular Painting is needed
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Fundamental issues of GBP (ADM 19):

1. Density – claimed site area, site classification, PR, SC, dedication/surrender, etc.
2. Safety – MOE, MOA, FRC
3. Health and Environment – Lighting and Ventilation, open space
4. Major Issues under allied legislation – BFA, OZP, fire certificate, antiquities, etc

Minor amendment NOT qualified for deferring submission – modification to B(A)R 33(1):
1. Result in major revision;
2. Have material effect on the fundamental issues;
2a) Involve Form BA 16
3. Concern on stability of slope / retaining wall, adjoining building;
4. Not in compliance with OZP; OR
5. Works outside the lot boundary.

When need approval of ELS plan from BD? Need RGE?

Approval of ELS plan shall be obtained for excavation works:-
1) Deeper than 2.5m and greater than 5m in length; and
2) Liable to affect road, building, structure, slope steeper than 30 degree or water main larger than
75mm in diameter.

RGE shall be appointed when excavation >= 4.5m. RGE shall prepare geotechnical assessment.

Proof of Site Parameters:

a) Detailed lease plan (prepare by DSO);
b) LSP plan by Authorized Land Surveyor (ALS’s plan);
c) Lease documents specifying the approximate areas and boundaries of lots;
d) Deed Poll of subdivided lots with area;
e) Approved GBP of the existing building.

Items a & b are acceptable by BD for processing GBP.

Items c – e are as reference to facilitate plan approval, detailed lease plan or ALS plan shall be
submitted upon consent application.
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Guidelines for Design and Safety Provision for the ACs Platforms:-
Access
a) From inside of units via windows directly where the worker needs not to climb out to the external;
b) From inside of units via openable window where the worker has to climb out to the external;
c) From common areas on the same floor via maintenance access doors where the worker may or
may not have to climb out to the external (door: 500mm x 900mm)

Configuration
a) Max. 900mm projection (with that outer 150mm of the platform shall be perforated)
b) 400mm maintenance space on either front or back side of the AC unit while 300mm for both sides
c) Min. 100mm gap to be provided between AC unit and outer edge of platform
d) Two layers of AC could be provided for those with access in/from the units
e) Screen shall not higher than 1600mm (2-layer case) or no higher than the AC unit (1-layer case)

Signboard (APP 126):

Definition of signboard under section 2 of the BO:
Hoarding, formwork, scaffolding or other structure erected solely for the purposes of displaying any
advertisement, making any announcement or notification, or displaying any visual image or other
information.

Besides the dimensional or positional requirements under Appendix B of APP 126, points to note:-
a) Signboard to be covered by FH/HR system and sprinkler system if the signboard is not wholly made
of non-combustible materials;
b) Fireman’s emergency switch to be provided for signboard connected to electricity supply (i.e. LED
signboard). Position of switch shall be near main entrance or vertically below the signboard;
c) Roof signboard shall not be fully or partially enclosed (i.e. 3sides), otherwise, GFA accountable.

Curtain wall (APP 2):

1) Not forming part of structural system of the parent building;
2) Not resulting in addition floor area by providing 300mm(H) concrete wall;
3) Max. projection: 250mm for non-domestic / 200 for domestic;
4) External reflectance of the glass used shall not exceed 20%; and
5) Safe access and facilities are provided for cleaning and maintenance (i.e. gondola).
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Design of Drainage Works (APP 93)

 Common pipe duct in domestic building:-
- Access from common area
- Unobstructed working space (i.e. 700mm) in front of pipes
- Access door: 600mmW x 2000mmH min.
 Sunken slab
- Backfilling by concrete is not allowed
- If unavoidable, sufficient access points (i.e. cleaning eyes) shall be provided
 Architectural features (AFs) to screen external pipes
- AFs project from walls not more than 500mm
- 70% perforation shall be provided to facilitate visual inspection
- Min. height of 800mm at each floor level shall not be screened by any AFs

Flue Aperture (APP 27)

 Standard size
- 320mmW x 420mmH normally
- 240 x 240mm when bathroom is of such a size that only a shower could be fitted
 Notional flue aperture when gas water heater is not fitted at the time of construction.
- E.g. use of electrical water heater
- Sealing by easily removable materials (e.g. plain concrete / block wall)

Design and Construction of Cantilevered Reinforced Concrete Structures (APP 68)

 Beam-and-slab type instead of pure slab cantilever for cantilever of clear span more than 1m
 Be casted monolithically and no construction joints at external edge of the supporting member
 If exposed to weathering, provide effective waterproofing
 Min. 1:75 fall
 Drainage outlets at distance not more than 5m
 Waterproof concrete with 28-day strength of 35MPa
 Main rebar to be hot-dip galvanized

GI administrative procedure (CoP for SP):

1) BA 4 for appointment of AP/RSE/RGE;
2) Submit GI plan for approval and consent (scheduled areas) OR for record (non-scheduled area);
3) Submit SSP upon consent application (scheduled areas);
4) Submit BA 10; and SSP for non-scheduled areas;
5) Submit BA 14 upon completion of works;
6) Submit GI report (w/ RGE endorsement)
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Fire Engineering Approach

 Alternative solution to comply with the performance requirements under the fire code and hence
to comply with B(P)R 41
 By means of computer simulation, to calculate the evacuation time of occupants in case of fire,
with consideration of relevant factors including:-
- Fire load and fire development
- Smoke development and smoke visibility
- Performance of fire services installation
- Actual travel distance
- Safety margin and safety factor
 To see whether the occupants could escape from the building within a safety time zone.
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GR/LR License:
Licensing Authority: Food and Environmental Hygiene Department

Time frame (exclude site works): around 2~3 months, with following breakdown:-
3 weeks to AVP meeting & issue LoR -> 2 weeks to issue P/L -> 3 weeks to issue F/L (total 2months)

3-tier System for verification of compliance of building safety requirements:

Category 1: AP/RSE certify compliance to FEHD directly relating matters of fact (e.g. direction of door
swing)
Category 2: AP/RSE certify compliance to FEHD directly involving professional appraisal (e.g. FRR of the
kitchen door)
Category 3: AP/RSE report compliance to BD in case involving more serious concerns about building
safety (e.g. approval of plan for extensive A&A, adequacy of MOE, assessment of structural stability)

Points to note:
1) Design load for restaurant = 4kPa
2) Check user clause under Lease; Check OZP
3) At least 50% of designed openable/breakable window to their original condition (FSD)
4) Free of UBW - Certification of UBW by AP shall be submitted (i.e. form UBW-1 / UBW-2)
5) Not situated at premises below basement level 4
6) Not located vertically below school, CCC, RCHE
7) Not located on the upper floor of single staircase building/ domestic building

Difference between GR and LR:

GR: sell all kinds of food for consumption on the premises; with kitchen
LR: sell any one group of the food items as listed in the Guide; may be no kitchen

No naked fire in LR unless Ansul system is installed.

Outside Seating Accommodation

1) Area should be attached to the restaurant
2) Additional food room area (area 1/10 of OSA)
3) Check any right to use land (e.g. STT for government land)