CON3130
Lecture 1
Building Control in Hong Kong
Planning and Development Control
Planning Department
Planning Control
Town Planning Ordinance
Statutory Plans
HK Planning Standards &
Guidelines
Guidance Notes
Lands Department
Buildings Department
Land Administration
Building Control Control
Buildings Ordinance
New Lease
Building Regulations Lease Modification
Technical Memorandum Land Exchange
Code of Practice
Short Term Tenancy
Practice Notes
Building License
Basic Law
Article 7 – The land and natural resources
within the Hong Kong Special Administrative
Region shall be State property. The HKSAR
government shall be responsible for their
management, use and development and for
their lease or grant to individuals, legal
persons or organizations for use or
development. The revenues derived
therefrom shall be exclusively at the
disposal of the HKSAR government.
Buildings Ordinance
Purposes of the Buildings Ordinance (BO): -
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;
to make provision for regular inspections of
buildings and the associated repairs to
prevent the buildings from becoming unsafe;
and to make provision for matters connected
therewith.
Buildings Ordinance
Building Regulations
(e.g. B(A)R, B(C)R, B(P)R, ….)
Codes of Practice, Design Manuals & Guidelines
Practice Notes for Authorized Persons &
Registered Structural Engineers (PNAPs)
The Building Authority
Building Authority (BA) is to ensure the health and safety of
buildings and building works
The head of the Buildings Department (BD) – Director of
Buildings – is designated as the Building Authority
All administrative work is actually done by professional and
technical staff within the BD.
Key Features of BO
Requirements for registration of professionals and firms for
building practice – Authorized Person (AP), Registered
Structural Engineer (RSE), Registered Geotechnical Engineer
(RGE), Registered Inspector (RI) and Registered Contractor (RC)
Requirements about control of building development
The power of the BA
Exemption from provisions of the BO
Appeal procedures and penalty for non-compliance with the BO
Statutory Agents
AP acts as coordinator of building works or street works
RSE acts as consultant to AP on the structural elements
RGE acts as consultant to AP on the geotechnical elements
RI acts as building inspector to carry out building inspection
according to Mandatory Building Inspection Scheme
RC carries out the construction works
Statutory Agents
BA keeps the following registers: -
APs’ register – three lists
List I – Registered Architects
List II – Registered Professional Engineers in civil or structural
discipline
List III – Registered Professional Surveyors
RSEs’ register
RGEs’ register
RIs’ register
General Building Contractors’ register
Specialist Contractors; register (Site Formation, Foundation,
Demolition, Ground Investigation, & Ventilation)
Minor Work Contractors’ register (Class I, Class II and Class III)
Duties of Statutory Agents
AP or RSE – for preparing planning submission and statutory
certification
RC – for statutory certification
Buildings Department – for processing plans submitted by APs
or RSEs and issuing statutory documents.
Duties of Statutory Agents
To supervise the carrying out of the building or street works
continuously or periodically in accordance with the supervision
plan.
To notify the BA of any contravention of the regulations which
would result from the carrying out of any work shown in the
plan approved by the BA in respect of the building works or
street works.
To comply generally with the provision of this BO.
Building Regulations
BO sets out the main framework for the control of buildings in
Hong Kong
Building Regulations and Code of Practice (CoP) made under this
Ordinance contain detailed administrative provisions and
technical requirements.
Definitions
Building Works
Any kind of building construction,
site formation works, ground
investigation in the scheduled
areas, foundation works, repairs,
demolition, alternation, addition
and every kind of building
operation including drainage
works.
Control of New Building Works
Registration systems
Approval and consent required for
commencement of building works.
A supervision plan must be lodged with
the BA when applying for consent.
Approval and consent deemed to be given
unless refusal notified within statutory
period.
Grounds on which approval or consent may
be refused.
Occupation of new building by issuing
occupation permit.
Registration System
The prime objective of the registration system is to
ensure that only professionals and contractors who are
able to perform their duties and responsibilities in a
competent manner as well as fully conversant with the
relevant statutory requirements and the current building
control system are registered and allow to plan, design
and carry out building works and streets.
Professionals – AP, RSE, RGE, RI
Contractors – RGBC, RSC, RMWC
Approval and Consent
No person shall commence or carry out any building works or
street works without having first obtained consent from the BA.
Exemptions are given to works carried out by the Government,
Military, Housing Authority, etc.
Exemptions are also given to building works not involving the
structure of any building that may be carried out in any
building provided that the works do not contravene any
regulations.
Supervision Plan
Not deemed to have consent if AP has not
lodged a supervision plan for building works
or street works.
A supervision plan must comply with the
Technical Memorandum for Supervision Plans,
e.g. safety management structure, supervision
requirements,
The person preparing a supervision plan is
responsible for the content of the
supervision plan.
Grounds for Refusal of Approval or Consent
Proposed works contravene the provision of BO
Proposed works contravene a master layout plan approved by the
Town Planning Board
Plan processing fees have not been paid
Works will cause total or partial collapse of adjacent
buildings
The plans have been approved for more than 2 years without
commencement of works
Resumption of Work Suspended
Any building works or street works have not been commenced
within 3 months after the issuance of consent, such consent
shall be deemed to be revoked.
Renewal of consent is required.
Occupation of New Building
No new building shall be occupied
except by not more than 2 caretakers
unless: -
BA has issued an Occupation Permit (OP)
BA has issued a Temporary Occupation
Permit (TOP)
Upon receiving the application of
issuance of OP, BA will issue or reject
to issue OP within 14 days.
Building Works to Cease on Order of BA
Proposed works that contravene the provisions of BO
Proposed works being carried out: -
Will cause or likely to cause total or partial collapse of
adjacent buildings
Will render or likely to render any adjoining or other building so
dangerous that it will result in total or partial collapse
Are in dangerous conditions within the site of building works
Material deviation from approved plans or SSP
Consent has not been given or condition imposed are not
complied with
Building Control under BO
Building Control under BO
Supervision of Building Works
AP/RSE/RGE to provide qualified
periodical site supervision in
accordance with the supervision
plan of their own streams
RGBC/RSC to provide qualified
continuous site supervision in
accordance with the supervision
plan of their own streams
BD (SMS) to conduct site auditing
Supervision Plan
A plan setting out the plan of safety management of building
works to address site safety and quality supervision
Safety measures to assure a safe physical working environment
Adequate measures to check proper structural support for plant /
machinery
Adequate control on sequence of works and temporary works to
ensure safety at all stages of works
Adequate measures to ensure the works comply with BO and approved
plans
It should include details of the grade and number of
technically competent persons (TCP) required for supervision.
Statutory Role of TCP
Quality supervision – ensure that the building works or street
works are carried out in accordance with the provision of the
BO and BR and with the plans approved by the BA.
Site safety supervision – control hazards from building works
or street works so as to mitigate the risk to :
the workers on site;
all persons around the site;
adjoining buildings, structures and land.
OP Inspection
To confirm that the
completed building works
have been carried out in
accordance with the approved
plans and in compliance with
the BO.
BA will conduct the
inspection.
