1
Q
Director of Buildings?
Director of Planning?
Director of Lands?
A
Mr. 何
Mr. 葉
Mr. 羅
2
Q
Objective of BO
A
1) BO is for the planning, design and construction of buildings and associated works (new);
2) Make provision for the rendering safe of dangerous buildings and lands(existing);
3) Make provision for regular inspections of buildings and the associated repairs to prevent the buildings from becoming unsafe (Admin);
4) to make provision for matters connected therewith.
3
Q
Why need BO?
A
1) To ensure that minimum standards in respect of public safety, health and environment are met within all blgs and blg works in the private sector.
2) It together with the allied regulations and supplemented by CoP and PNAP forms legal and administrative framework for building control system in HK
4
Q
What does ‘contraventions’ mean in BO?
A
1) Fail to comply w order given notice sevred by BA
2) (in the case of blg & MW) Material divergence or deviation from any plan approved by BA
3) (MW) fail to submit any cert required under simplified requirements
5
Q
What does ‘Access Road’ means in BO?
A
1) under lease or Govt’ has granted right of ways (= private street)
2) providing access only to buildings
3) use for light and vent for habitation, not a street
6
Q
What does ‘Street’ means in BO?
What is carriageway in B(C)R?
A
whole/ any part of square court alley highway lane road footpath
a part of private stree, cul-de-sac or access road, used or intended to be used by vehicular traffic
7
Q
What does ‘Building’ means in BO?
A
1) Inc. whole or any part of any domestic or public building which is constructed
2）or adapted for use for PE
3) and other structures as BA may by notice in the gazette declare to be building
8
Q
What does ‘Habitation’ means in BO?
A
accommodation inc hotel/ dorm
9
Q
What does ‘Building works’ means in BO?
A
Inc. any kind of Blg construction, SF works, GI in scheduled areas, foundation works, repairs, demo, A&A and every kind of blg operation and drainage works
10
Q
What does ‘New Building’ means in BO?
A
1) building/ existing blg of which not less than one half measured by volume is rebuilt or
2) Extent altered not less than one half of the superficial area of the main walls is altered;
11
Q
What are the difference among ‘Drain’, ‘sewers’ and ‘water pipe’ ?
A
Drain – drainage for 1 blg
Sewers – used for more than 1 blg
Water pipe – not drain/ sewer/ FS
12
Q
What is the difference between ‘Domestic’ and ‘Non-domestic’?
A
Domestic – for habitation
Non-domestic – not domestic
13
Q
What is Performance Review?
A
BA may impose such under s17
For Sch A124
Unconventional design
Uncertain geo technical condition
1) submitted by AP
2) justifying blg works have been monitored
3) geotechnical assumption based is valid
Well doc for OP
14
Q
What is ‘Ground Investigiation’ in BO
A
1) Exploratory drilling, boring excavating
2) Obtain any info on ground condition
3) Inc installation of instrument, sampling, field testing
15
Q
What is ‘external wall’ means in BO?
A
Whole or any part of outerwall of building, inc adjoining wall to another building/ party wall
16
Q
What is ‘site formation’ in BO?
A
1) Excavation on sloping, landfilling
2) Landslip preventive/ remedial works
3) Groundwater drainage works
17
Q
What is PPE in BO?
A
PE in Place of Public Entertainment Ordinance (Cap 172) -
means any entertainment within the meaning of this Ordinance to which the general public is admitted with or without payment.
18
Q
What is ‘oil tank installation’ in BO?
A
Tank >/= 110,000L above ground level
19
Q
What is ‘Registered Architect’ in BO?
A
register under Architects Registration Ordinance
20
Q
What is ‘Authorised Person’ in BO?
A
1) A person whose name is on the AP’s register kept under section3(1)
2) As an Architect, engineer or surveyor
21
Q
What is Qualified Person in BO?
A
The QP appointed to carry out the prescribed inspection or supervision of prescribed win repair under the MWIS
whose name is for the time being on one of the following registers kept by the BA:
- AP, RSE, RI, RGBC, RMWC (registered for the class, type and item of minor works in respect of windows.)
22
Q
What is Supervision Plan in BO?
A
plan of safety management of blg works comply with Tech Memorandum
23
Q
What is ‘Scheduled Area’ in BO?
A
Stated in Schedule 5 of BO
1) Mid-Levels Area
2) North-Western Part of the New Territories
3) The Railway Protection Areas along the Mass Transit Railway Lines
4) Ma On Shan Area
5) The Sewage Tunnel Protection Areas
24
Q
What is the difference among AP, prescribed building professional and qualified person?
A
AP = Authorised Person (Architect, engineer and Surveyor) = ‘every person for carrying out building blg & street works shall approint’
Presbribed blg professional appointed under MWCS to carry out minor works = AP, RSE, RGE, RI
Qualified person appointed to carry out prescribed window inspection and repairs under MWIS = AP, RSE, RI, RGBC, RMWC(win)
25
What is the duty of AP & RSE?
1) Supervise periodically the carrying out of blg &street works in accordance with the supervision plan to ensure that the carrying out of the works are in general accordance with:
(a) the provisions of the BO and BR,
(b) the plans approved by the BA,
(c) the supervision plan prepared in compliance with the Technical Memorandum,
(d) any order or conditions imposed by the BA.
2) Notify BA of any contravention, works not comply w/ regulation/ deviate from the plan approved by BA
3) Comply generally w BO.
26
Who shall be appoint if carry out building/ street works?
Every person for blg & street works shall appoint
* AP as coordinator
* RSE for structural elements
* RGE for geotechnical elements
If they resign/ terminated/ temporarily unable to act, need to appoint another person/ engineer
BA21 or notify BA within 7days, w revised SP, BA4
27
Why need AP?
AP is appointed as the coordinator of blg works and as the agent of BA under blg control system whose duty is ‘supervise notify and comply’
28
Similarity and Difference between AP and RSE’s duties?
1) both duty: supervise, notify and comply
2) AP acts as the coordinator of building works, RSE is responsible for the structural elements; In case of emergency, AP make decision and RSE advice if related to structural matters
3) RSE only responsible for:
Foundation, superstructure, structural details, structural calculation
** Some works AP can sign without RSE under B(A)R12(4)
29
What is the power of Disciplinary Board?
1) Enforce attendance of witnesses
2) Compelling production of doc
3) Order inspection of premises
4) Entering and viewing premises
30
Name 5 types of Registered Specialist Contractor?
RSCs must be used for these **5 specialized works**:
1. **Demolition** (exceptions: small buildings <10m height, no prestressed concrete, etc.).
2. **Foundation** (except elements ≤3m depth).
3. **Ground Investigation Field Works** (e.g., drilling, sampling, field testing).
4. **Site Formation** (exceptions: gentle slopes <15°, small retaining walls <1.5m).
5. **Ventilation** (all ventilating systems).
31
What Disciplinary board can order to?
* remove the name (perm or any period fits)
* reprimand/ fine $250,000
* prohibit from certifying any works
* publish in the Gazette
May appeal to Court of First Instance, judge may confirm/ reverse/ vary the decision
32
What is the function of Contractors Registration Committee?
Registered GBC, Registered Specialist Contractor
- assist the BA in considering applications for inclusion in a register by—
(a)examining the qualifications of applicants;
(b)inquiring as the relevant Registration Committee considers necessary to ascertain whether an applicant has the relevant experience;
(c)conducting interviews with applicants; and
(d)advising the Building Authority to accept, defer or reject applications for inclusion in the relevant register.
33
Duties of RGBC and RSC?
1) Provide continuous supervision to the carrying out of works in accordance with his supervision plan
2) Notify the BA any contravention of regulations/ approved plans
3) Comply generally with BO
34
What is BD's role?
provides services to owners and occupants in both existing and new buildings in the private sector through enforcement of the BO.
35
What does the control of building under BO? Approval = consent?
Under s14 in BO:
1) No person shall commence or carry out blg street works w/o first approval and consent obtained from BA
2) Neither approved plans nor consent deemed to
- confer any title to land
- Act as a waiver of any terms in lease/ license
**grant exemption from or to permit any contravention of BO/ any enactment
36
What if no supervision plan? meaning no cnosent?
BA not deemed to consent if supervision plan not lodged
* Unless not required by BA
* SP must Comply with Tech Memorandum current at the time
* Person prepare SP is responsible for the content
37
Allow Hand-dug caisson?
unless /=1.5m
38
Refusal of consent if?
1) Not received/ given approval to all the plans prescribed by reg
Approval plans exceed 2years, fsd approval
2) Not received other prescribed doc (BA8)
3) Condition imposed (under Sec17(1)), GEO, CEDD etc not complied to satisfaction
5) Supervision plan not been lodged
4) Inadequate precautionary / protective measures
8) Blg works will cause collapse to adjoining blg/street/natural/ man made land
6) Fees not paid
-------
including M&R plan
Hoarding Permit
BA14 of foundation knowledged
- ADM21 proof of site parameters (Lease plan by DSO, LSP by ALS)
- modi permit, modi of B(A)R33(1) for deferring submission of minor amendment
- APP151 Letter acknowledging the satisfactory submission of
Provisional Assessment credit summary under BEAM+ issued by BSL
& Info on Estimated Energy Performance / Consumption
- APP156 Provisional En Eff report (RTTV and OTTV) (residential)
39
Why need A&C separately?
1) Approval process implies BA is satisfied that the plans comply generally with w BO & reg. upon curtained check
2) BA would need to consider other issues, i.e. precautionary measures, material testing, sequence of works, SP, before he could be satisfied that the way and manner by which the works are carried out would not jeopardise safety aspects.
3) Consent procedures allows BA to impose conditions prior to his issuance of consent for the commencement of works
40
Validity period of A&C; what to do if expire; why need renewal?
BO16 + APP 97 Approval dnt hv validity but give BA opportunity to review plans exeed 2years;
With expiry period, BA could ensure the standards of safety to meet the latest site conditions.
bO 20 consent 3mths (BA9 for renewal)
41
What is BD Control Mechanism?
1) A+C two-tier system
2) Supervision Plan
4) Giving Permit Occupation of new building
5) Inspection & Repair of Building
3) BA's power to issue different order/ notice by BA or through application to Magistrate or District Court
6)Maintain Register of Blg professionals
42
What are Urgent works
In accident or emergency works to make safe of ext blg/ land/ street
-may commence w/o A&C, deviate SP
2) Notice given to BA by blg owner or person authorized before or within 48hrs of urgent works commenced
- revised supervision plan by all parties
- any further amendment due to urgent works
3) BA may cease urgent works if no longer emergency
43
What happen if Resumption of works suspended
1) Consent obtained but work not commenced within 3mths or works commenced but suspended for 3mths Consent revoked
2) BA may impose condition upon receipt of consent renewal
44
Authority to erect shoring
BO18
1) For complying with condition imposed by BA or for precaution to prevent collapse of adjoining blg
2) In or around blg & permission upon any street (under govt lease)
3) Cannot other street (not Govt or owned)
4) Damage to blg due to shoring should be made good asap (suffer frm damage is entitled to recover compensation frm person 18(A), apply to Lands tribunal within 3 years)
5) Person authorized by A may enter blg for inspection (ascertaining is in good order) abt shoring
6) If cannot get permission frm adj blg, can apply to BA APP 90， justify it is an only possible way, give details on agent entering, BA reply in 2 weeks, in written authorisation, display copy at conspiquous position
7) such person obstructed, magistrate may issue warrant
45
Difference between TOP and OP
1) BA may impose condition (on duration) on TOP; no duration for OP
2) TOP revoked when OP issued, if TOP expire, can apply for revocation within 7 days
46
AP role during ‘Closure Order’?
2) Apply to BA for permission to enter the blg while Closure Order in force to inspect
3) Submit plans to apply for permit to erect hoardings and subsequently demolition plan/consent.
47
Can BD break into premise?
Acc. BO s22
1) BO empowers BA to break into premises w owners permission or warrant
so that to
- ascertain whether blg is dangerous
- inspect undergrd drainage works
- ascertain whether BO® are complied
-carry out authorised works under BO
- make opening to take sample
- require AP to carry out test
48
Name order BA can issue
ot apply to minor works commenced under the simplified requirements.
During blg construction:
23) Cease works order ( contravBO, collapse, material deviation, A&C not comply)
24) Removal order (demolition / removal /alternation)
25) Orders for Terminating Unauthorised Change of Use
After completion
26) order on dangerous blg (req demo, make safe, erection of shoring, hoarding, commence n complete within a specific time)
26A) Building Investigation Orders: order on defective blg (specify remedial works, req AP investigate, BA to approve remedial works)
27) closure order (dangerous blg,district court make order due to affair on tenancy ownership)
27C) Buried Services Investigation Orders;
28) Drainage Repair/Investigation Orders.
6) priority Demo (BA post notice to District Court for order, Hearing, may serve order, BA seal premises, BA demo )
49
BA refuse to issue OP/ TOP if?
Under BO21
1) if carried out works contravene w BO
2) new access road blg abuts not completed
3) lift no installed
4) no FS cert
5) not satisfied w water supply/ not connected
6) performance review req. under s17 not to satisfaction
50
Cease Works Order will be issued if?
1) contravene BO
2) will cause collapse
3) in dangerous conditions
4) dicover material deviation from SSP
5) not comply with approval & consent
51
What does it means if no replies after OP application?
1) OP granted after 14 days of application unless refused with ground
2) Application is deemed to be received by BA after 60 days from receipt of performance review
52
What is Exclusion Order?
1) PNAP APP-1: Acc to Landlord and Tenant (Consolidation) Ordinance s4
2) The Lands Tribunal may make order to exclude any premises from application of Part I of LT, i.e. to exclude tenants from protection under LT, so that owner can repossess the blg for redevelopment
53
What is AP role during 'exclusion order'?
1) Apply to Lands Tribunal
2) Before granting the EO, applicant to prove intention to redevelop by obtaining approval for blg plans from BA
** Excluded frm BOs16, meaning the Consent applied for after more than two years of approval will be given if it is still practical for the work to be completed within the Re-development Order period.
** ‘material deviation’ need amendment EO, including floor space rection>10%; change building use
54
Appeal procedures of Appeal Tribunal?
1) Appellant to give notice of appeal in prescribed manner to the Secretary to the Appeal Tribunal within 21 days
2) Preliminary hearing maybe conducted before full hearing
3) Then, within 28 days, furnish to the Secretary (copy to BA) a statement containing –
a) the particulars of the decision
b) the grounds of appeal
c) a detailed description of the matter
d) a description of each doc the appellant intends to produce at the hearing
e) where relevant, the address and description of any property or land
f) the particulars of the witnesses
55
If AP found guilty?
1) BA may take disciplinary actions against AP who will be prosecuted under s40. Should he be found guilty of such offences, he shall be liable on conviction to fines varying from $400k and imprisonment for 2yrs
3) An inquiry will be carried out by the Disciplinary Board who may order to remove the name of AP from the AP register (permanently/ temporarily),
- reprimand the AP concerned,
- order a fine, or
- publish the findings in Gazettes.
4) If AP aggrieved by such orders, he may appeal to the Court of First Instance whose decision is final.
56
When will be the prosecution?
commenced within 12mths of commision of offence or discovered / noticed by BA
57
What is Exemption under BOs41
Exempted from provision of BO
1) Gov’t blg
2) Blg on land of Housing Authority
3) Blg on land of HK Garrison
4) street/ access rod vested in and maintained by the Govt
5) Temp blg to be kept or used as PPE
58
Works an be without A&C
Under BO41 Exemptions
1) Blg works (other than GI in scheduled areas, SF),do not involve structure
2) Drainage works (other than MW) not involve structure, not connect w a public sewer, not alter any septic tank/ discharge chemical, not in scheduled area 3.
3) Designated Exempted Works under MWCS
4) NTEH
5) BO not apply to temp blg as PPE.
6) urgent works
7) hoarding no need consent
59
Prosecute AP if?
1) authorize to commence works without approval and consent
2) authorize to use defective material
4) misrepresent Knowingly material facts on plan, cert, form, notice given to BA
5) Fail to notify the BA for contravention of BA in the carrying out of works shown on approved plans
6) Failure to comply w requirements of BA’s order, conditions imposed
60
Elaborate ‘comply generally with the Ordinance’
Allow flexiblity compliance w BO, allow application on modification on non criterial aspect or suit site condition BO 42
61
What are the AP duties under B(A)R?
1) Prepare and sign prescribed plans for submission to BA Pt3
2) Sign notification for appointment of RC s20
4) supply RGBC/ RSC copies of signed BD approved plans, supervision plans and structural plans s36
6) appoint TCP in accordance with the SP s37
5) provide periodical supervision and necessary to ensure that the works comply generally with BO, the approved plans, any orders or conditions imposed, and supervision plan prepared in accordance with TM. s37
7) give notice to the BA if he ceases to be engaged (within 7days) s19
8) give notice to BA before commencement of blg/ street works s20
3) Certify completion of works s25
62
Naming of streets and numbering of blgs
1) BA may affix name of street on any blg
2) BA/ Commissioner of Rating and Valuation may order owner to mark with street number
3) legible
63
Application of new regulations
1) a specified period before law come into operation, plans can be approved or consent by former law
2) BA may require compliance of the new law when giving revocation of consent which suspended > 3mths (under Sec 20)
64
What is BA's power of exemption
1) Upon application and fee, BA may permit modification
2) In specified form on its own merits (Form BD106)
3) Permit granted may have conditions imposed
4) hold No prejudice regarding structural stability and public health
5) An breach to conditions shall render exemption or mod invalid
6) Not apply to A&C
65
What are the limits of the power of BA
Appeal against Building Authority’s decision
Specified time frame for approval and consent, process of OP/TOP under the BO
require warrant to break into private premise
66
How do BO/BA control existing buildings apart from minor works?
MBIS,
MWIS,
Statutory Orders/Notice
67
RGBC vs RSC
RGBC: General building/street works **excluding** specialized works. May perform minor works.
RSC: **Only** their designated category of specialized works and specific minor works.
- **Overlaps**: Some works (e.g., temporary works, pile caps) can be done by **multiple categories** (RGBC/RSC(F)/RSC(SF)).
68
What regulation govern Min standard in relation to Safety?
1) Structural & Fire -
CoP for foundations 2017 (2024ed),
CoP for FS in Blg 2011(2024ed), B(C)R, B(oil storage installation)R
2) Operation- B(Demo works)R, CoP for demolition of blgs 2004
3) existing blg - B(MW)R, B(I&R)R
4)Vehicular Pedestrian Access - B（private street&access road)R
69
What regulation govern Min standard in relation to Health?
1) Lighting and vent, No overcrowding- B(P)R
2) Sanitation - B(RSMRC&refuse chutes)R, B(standards of sanitary fitments, plumbing, drainage works and latrines)R
70
What regulation govern Min standard in relation to Environment?
Sustainability - B (en eff) R, CoP for OTTV in blgs 1995
71
Ground water drain works in scheduled area under BO 28
1) works may extend beyond BL
2) owner carried out maintenance work for BA specified period
3) may grant authorisation to carry out works in others property
4) req make gd on affected property
5) affect owner can claim compensation
72
BOs17, conditions for structural (SF, ELS, piling, F, GI in sch area)
1) max loads & strees
2) test of materials
4) instrumentation for works
5) standards of workmanship
6) qualified supervision
7) sequence ofworks in sch area 1
8) performance review for works -> in sch area, geological conditions to be verified, groundwater will adversely affect site works, uncoventional
73
If not follow order by BA?
offence
imprisonment 1 yr
fine
BA can remove claim
74
Report major/ serious incidents
Incident related to safety: 12hrs to AP; 48hrs AP to BA
Incident related to quality: 7days to AP; 14days AP to BA
75
Blg Committes
**Blg Committee I & II ** > monthly
-BC provide necessary guideline/ advise w recommendation that issue to referred to BA for his decision
- BCI : issue which PD, LD, FSD can provide comments
-BCII: issue related to plan processing interpretaion & implementation
APSEC (APRSERGECommittee)
Struct Eng Committee
BA Conference
76
Name works may require additional supervision req at critical stage
1) Demo & A&A
2) A&A to heritage blg
3) Fdn & Fd tht is adversely affecting stability of adj grd in sensitive sites
4) ELS, Site Form, Repair of slope/ retaining/ UU
5) Superstructure
6) Tunnel works (w/. Significant geo comtent)
TCP T5 RSE & RGE is required
77
What is the difference between AP and Architect?
Architect is registered under ARO, by ARB, Architects can involve in the design, construction or fitting out of buildings.
AP whose name is on the AP’s register kept under section3(1), by AP registration committee, to carry out their duties under BO.reg w expiry date.
APP-7 &Form BA1 - professional qualifications, apply to Authorized Persons Registration Committee
78
RI
A RI is responsible for carrying out prescribed inspection or supervision of prescribed repair under the MBIS/ MWIS
An RI may be an AP, RSE or registered building professionals possessing relevant work experience in the field of building construction, repair and maintenance, and whose name is on the Inspectors' Register kept by BA.
79
Professional Interview for AP
A working knowledge of the BO and Regulations, relevant codes
of practice and such allied matters as the TPO and OZP, lease conditions and
usual requirements of other authorities relevant to an AP in HK.
be familiar with all the processes from the evaluation of development potential of a private lot through to the issue of an occupation permit.
80
can AP be RI automatically?
For AP or RSE, within the 7 years preceding the date of application, he must have experience gained in HK as an AP, RSE, RA, RPE or RPS in any building
repair and maintenance project;
required demostration when submit in the application.
AP
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