BO

Question 1

fDirector of Buildings?
Director of Planning?
Director of Lands?

Answer 1

Mr. 何
Mr. 葉
Mr. 羅

Question 2

Objective of BO

Answer 2

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.

Question 3

Why need BO?

Answer 3

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

Question 4

What does ‘contraventions’ mean in BO?

Answer 4

1) Failure to comply w order given notice service imposed 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

Question 5

What does ‘Access Road’ means in BO?

Answer 5

1) under lease or Govt’ has granted right of ways (= private street)
2) providing access only to buildings
3) use for habitation, not a street

Question 6

What does ‘Street’ means in BO?

Answer 6

whole/ any part of square court alley highway lane road footpath

Question 7

What does ‘Building’ means in BO?

Answer 7

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

Question 8

What does ‘Habitation’ means in BO?

Answer 8

accommodation inc hotel/ dorm

Question 9

What does ‘Building works’ means in BO?

Answer 9

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

Question 10

What does ‘New Building’ means in BO?

Answer 10

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;

Question 11

What are the difference among ‘Drain’, ‘sewers’ and ‘water pipe’ ?

Answer 11

Drain – drainage for 1 blg
Sewers – used for more than 1 blg
Water pipe – not drain/ sewer/ FS

Question 12

What is the difference between ‘Domestic’ and ‘Non-domestic’?

Answer 12

Domestic – for habitation
Non-domestic – not domestic

Question 12

What is Performance Review?

Answer 12

1) submitted by AP
2) justifying blg works have been monitored
3) geotechnical assumption based is valid

Question 13

What is ‘Ground Investigiation’ in BO

Answer 13

1) Exploratory drilling, boring excavating
2) Obtain any info on ground condition
3) Inc installation of instrument, sampling, field testing

Question 14

What is ‘external wall’ means in BO?

Answer 14

Whole or any part of outerwall of building, inc adjoining wall to another building/ party wall

Question 15

What is ‘site formation’ in BO?

Answer 15

1) Excavation on sloping, landfilling
2) Landslip preventive/ remedial works
3) Groundwater drainage works

Question 16

What is PPE in BO?

Answer 16

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.

Question 17

What is ‘oil tank installation’ in BO?

Answer 17

Tank >/= 110,000L above ground level

Question 18

What is ‘Registered Architect’ in BO?

Answer 18

register under Architects Registration Ordinance

Question 19

What is ‘Authorised Person’ in BO?

Answer 19

1) A person whose name is on the AP’s register kept under section3(1)
2) As an Architect, engineer or surveyor

Question 20

What is Qualified Person in BO?

Answer 20

The QP appointed to carry out the prescribed inspection or supervision of the prescribed repair for windows under the MWIS shall be a person whose name is for the time being on one of the following registers kept by the BA:

1) Authorized Person (AP);
2) Registered Structural Engineer (RSE);
3) Registered Inspector (RI);
4) Registered General Building Contractors (RGBC);
5) Registered Minor Works Contractors registered for the class, type and item of minor works in respect of windows.

Question 21

What is Supervision Plan in BO?

Answer 21

plan of safety management of blg works comply with Tech Memorandum

Question 22

What is ‘Scheduled Area’ in BO?

Answer 22

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

Question 23

What is the difference among AP, prescribed building professional and qualified person?

Answer 23

AP = Authorised Person (Architect, engineer and Surveyor) = ‘every person for building blg & street works shall approint’

Presbribed blg professional = for minor works = AP, RSE, RGE, RI

Qualified person = for window inspection and repairs = AP, RSE, RI, RGBC, RMWC(win)

Question 24

What is the duty of AP & RSE?

Answer 24

1) Supervise the carrying out of blg &street works in accordance with the supervision plan (periodic supervision) 2) Notify BA of any contravention, works not comply w/ regulation/ deviate from the plan approved by BA 3) Comply generally w BO.

Question 25

Who shall be appoint if carry out building/ street works?

Answer 25

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

Question 26

Why need AP?

Answer 26

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’

Question 27

What works not require the appointment of AP?

Answer 27

1) exempted works BO s41 (govt blg 2) Designated Exempted Works (30nos) 3) New Territories Exempted Houses (NTEH) (where DLO issued a certificate of exemption w Buildings Ordinance (Application to the New Territories) Ordinance (BO(ATNT)O) - no need for A&C

Question 28

Similarity and Difference between AP and RSE’s duties?

Answer 28

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)

Question 29

What is the power of Disciplinary Board?

Answer 29

1) Enforce attendance of witnesses 2) Compelling production of doc 3) Order inspection of premises 4) Entering and viewing premises

Question 30

Name 5 types of Registered Specialist Contractor?

Answer 30

1) Ventilation (every ventilation system that embodies the use of ducting or trunking, which passes thru any wall, floor or ceiling or the compartment of blg) 2) Demolition (not scheduled area 1, height<10m, span <6m, no pre-stressed structure, retaining structure <1.5m & no blg within 5m) 3) Foundation (all FW, depth of foundation element >3m) 4) Site Form (max gradient across lot, BL to BL or 10m outside = <15deg, no slope >30deg/ 1.5mH, no retaing wall >1.5mH) 5) GIFW(excavation, installation of instruments, pre-driling for foundation works, proof-drilling for piling, field testing of ground)

Question 31

What Disciplinary board can order to?

Answer 31

* 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

Question 32

What is the function of Contractors Registration Committee?

Answer 32

To raise standard of RC (qualification, competence and experience) and improve quality of blg works, for * Registered GBC * Registered Specialist Contractor

Question 33

Duties of RGBC and RSC?

Answer 33

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

Question 34

What is BD's role?

Answer 34

1) BD controls all private building developments in Hong Kong under the BO and its allied legislations. 2) Any person who intends to carry out building works is required under the BO to appoint the following Building Professionals to prepare and submit plans for the approval of the BA (AP, RSE, RGE) 3) The person is also required to appoint a Registered Contractor to carry out the building works. Consent to commence building works is required from the BA before the works start.

Question 35

What does the control of building under BO? Approval = consent?

Answer 35

Under s14 in BO: 1) No person shall commence or carry out blg ting 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

Question 36

What if no supervision plan? meaning no cnosent?

Answer 36

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

Question 37

Allow Hand-dug caisson?

Answer 37

unless /=1.5m

Question 38

Refusal of consent if?

Answer 38

1) Not received/ given approval to all the plans prescribed by reg 2) Not received other prescribed doc 3) Condition imposed (under Sec17(1)) not complied to satisfaction 4) Inadequate precautionary / protective measures for demolition works 5) Supervision plan not been lodged 6) Fees not paid 7) Approval plans exceed 2years 8) Blg works will cause collapse to adjoining blg/street/natural/ man made land

Question 39

Why need A&C separately?

Answer 39

1) Approval process implies BA is satisfied that the plans comply generally with w BO & reg. 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

Question 40

Validity period of A&C; what to do if expire; why need renewal?

Answer 40

1) Approval 2years; consent 3mths (BA9 for renewal) 2) Go thru submission process,60days and 28days 3) With expiry period, BA could ensure the standards of safety to meet the latest site conditions.

Question 41

What is BD Control Mechanism?

Answer 41

1) A+C two-tier system 2) Supervision Plan 3) BA's power to issue different order/ notice by BA or through application to Magistrate or District Court 4) Giving Permit Occupation of new building 5) Inspection & Repair of Building Maintain Register of Blg professionals

Question 42

What are Urgent works (may commence w/o A&C)

Answer 42

1) In accident or emergency to make safe of ext blg/ land/ street 2) Notice given to BA by blg owner or person authorized before or within 48hrs of urgent works commenced 3) BA may cease urgent works if no longer emergency 4) Urgent works may deviate from supervision plan

Question 43

What happen if Resumption of works suspended

Answer 43

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

Question 44

Authority to erect shoring

Answer 44

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 such person obstructed, magistrate may issue warrant

Question 45

Difference between TOP and OP

Answer 45

1) BA may impose condition (on duration) on TOP; no duration for OP 2) revoked when OP issued, if TOP expire, can apply for revocation within 7 days

Question 46

AP role during ‘Closure Order’?

Answer 46

1) Appointed by owner to coordinate works required by BA, to demolish/ make blg safe 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.

Question 47

Can BD break into premise?

Answer 47

Acc. BO s22 1) BO empowers BA to break into premises 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

Question 48

Name order BA can issue

Answer 48

During blg construction: 1) Cease works order 2) demolition order/ Alternation order After completion 3) order on dangerous blg 4) order on defective blg 5) closure order

Question 49

BA refuse to issue OP/ TOP if?

Answer 49

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

Question 50

Cease Works Order will be issued if?

Answer 50

1) contravene BO 2) will cause collapse 3) in dangerous conditions 4) dicover material deviation from SSP 5) not comply with approval & consent

Question 51

What does it means if no replies after OP application?

Answer 51

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

Question 52

What AP should do if urgent works to be carried out for accident / non compliance

Answer 52

AP to give notice to BA asap - material deviation from supervision plan - notice of urgent works - revised supervision plan by all parties - any further amendment due to urgent works

Question 53

What is Exclusion Order?

Answer 53

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

Question 54

What is AP role during 'exclusion order'?

Answer 54

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

Question 55

Appeal procedures of Appeal Tribunal?

Answer 55

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

Question 56

If AP found guilty?

Answer 56

1) AP will be prosecuted under s40. Should he be found guilty of such offences, he shall be liable on conviction to fines varying from $250k and imprisonment for 3years 2) BA may take disciplinary actions against the AP . 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.

Question 57

When will be the prosecution?

Answer 57

commenced within 12mths of commision of offence or discovered / noticed by BA

Question 58

What is Exemption under BOs41

Answer 58

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

Question 59

Works an be without A&C

Answer 59

1) Blg works (other than drainage works, GI in scheduled areas, SF, MW, 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 4) NEVH 5) BO not apply to temp blg as PPE.

Question 60

Prosecute AP if?

Answer 60

1) authorize to commence works without approval and consent 2) authorize to use defective material 3) material deviation from works shown on approved plans 4) Knowingly misrepresent 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) Contravention of conditions imposed by BA under BOs17 7) Failure to comply w requirements of BA’s order 8) Authorize to carry out SF, piling, foundation works in a dangerous manner which will cause risk of injury to persons or damage to properties 9) Knowingly misrepresent a material fact in reports on underground drains/ sewers in slope submitted to BA

Question 61

Elaborate ‘comply generally with the Ordinance’

Answer 61

1) Comply with the core objective of the ordinance 2) Allow flexiblity ensuring the core objectives are met while accommodating practical challenges 3) Allow deviation from non-critical aspect, may grant exemptions

Question 62

What AP do under B(A)R?

Answer 62

1) Prepare and sign prescribed plans for submission to BA Pt3 2) Sign notification for appointment of RC s20 3) Certify completion of works s25 4) supply RGBC/ RSC copies of signed BD approved plans, supervision plans and structural plans s36 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 6) appoint TCP in accordance with the SP 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 9) pay prescribed fee for additional inspections by BA due to contravention of BO

Question 63

How BA controls quality?

Answer 63

1) keeping of register for the statutory persons under BO 2) instigating disciplinary actions against statutory persons in case of misconduct 3) A&C procedures in that he perform curtail checking on plans and doc by AP prior to granting consent to commence the blg works. He can impose conditions in acco to BO 4) issuing OP at the completion of blg. BA will inspect the blg prior the issuing OP 5) Random checking of blg works under construction by Site Monitoring Section to ensure the carried out works in a prescribed manner and in accordance w SP

Question 64

Naming of streets and numbering of blgs

Answer 64

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

Question 65

Application of new regulations

Answer 65

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)

Question 66

What is BA's power of exemption

Answer 66

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) No prejudicial the structural stability and public health 5) An breach to conditions shall render exemption or mod invalid 6) Not apply to A&C

Question 67

Elaborate 'height of blg' under BO

Answer 67

1) Under s16, ‘building differing in height, from buildings in the immediate neighbourhood or previously existing on the same site’, is one of grounds on which approval or consent may be refused 2) As required by subsidiary legation/ ordinance underB(P)R, OZP

Question 68

Elaborate ‘health’ under BO

Answer 68

1) Under s17, ‘new building comply with the standard of public health established from time to time by regulations’ 2) Condition imposed for the approval of building plans 3) B(P)R