Brief Introduction of Building Legislation

1
Brief Introduction of Building Legislation

• Ms. Anny Law
• Buildings Department

Pre-Qualification Structured Learning (PQSL)
Series
2
Building Legislation

• Cap.123 Buildings Ordinance
• Cap.123A Building (Administration) Reg.
• Cap.123B Building (Construction) Reg.
• Cap.123C Building (Demolition) Reg.
• Cap.123F Building (Planning) Reg.
• Cap.123G Building (Private Streets and
  Access Roads) Reg.

Pre-Qualification Structured Learning (PQSL)
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3
Building Legislation (Cont)

• Cap.123H Building (Refuse Storage and Material
• Recovery Chambers) Reg.
• Cap.123I Building (Standards of Sanitary
• Fitments, Plumbing, Drainage Works)
• Reg.
• Cap.123K Building (Oil Storage Installations)
  Reg.
• Cap.123L Building (Appeal) Reg.
• Cap.123M Building (Energy Efficiency) Reg.

Pre-Qualification Structured Learning (PQSL)
Series
4
Other Non-Statutory Tools

• Technical Memorandum
• Code of Practices
• Practice Notes for Authorized Persons and
  Registered Structural Engineers (PNAP)
• Practice Notes for Registered Contractors (PNRC)

Pre-Qualification Structured Learning (PQSL)
Series
5
Building Control

• Safety and Health of the Built Environment
• Planning, design and construction of new
  buildings and associated works
• Rendering safe of dangerous existing buildings
  and slopes

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Series
6
System of Responsibilities

• Authorized Person (AP)
• Architect
• Structural Engineer
• Building Surveyor
• Registered Structural Engineer (RSE)
• Registered General Building
• Contractor (RGBC)
• Registered Specialist Contractors (RSC)

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Registered Specialist Contractors

• Demolition Works
• Foundation Works
• Site Formation Works
• Ventilation Works
• Ground Investigation Field Works

Pre-Qualification Structured Learning (PQSL)
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Control and Monitoring of Construction Personnel
(BO Part I)

• Registration System
• Disciplinary Proceeding / Prosecution
• Appeal Mechanism

Pre-Qualification Structured Learning (PQSL)
Series
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Registration System

• Registration Committee (AP/RSE/RC)
• Register of AP/RSE/RGBC/RSC
• Registration Period (AP/RSE 1 year)
• Registration Period (RGBC/RSC 1 or 3 years)

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Duties of AP/RSE

• Supervise the carrying out of the building works
  or street works in accordance with the
  supervision plan
• Notify the BA of any contravention of the
  regulations which would result from the carrying
  out of any works shown in any plan approved by
  the BA in respect of the BW or SW and
• Comply generally with Buildings Ordinance

Pre-Qualification Structured Learning (PQSL)
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11
Duties of RGBC/RSC

• Provide continuous supervision to the carrying
  out of the works in accordance with his
  supervision plan
• Notify the BA of any contravention of the
  regulations that would result from carrying out
  the works shown in the plan approved by the BA
  for the works and
• Comply generally with Buildings Ordinance

Pre-Qualification Structured Learning (PQSL)
Series
12
Disciplinary Proceeding

• Disciplinary Board (AP/RSE/RGBC/RSC)
• BA bring to the notice of a DB on following
  matters
• Conviction of any offence
• Negligent or misconduct himself
• Matters related to supervision plans

Pre-Qualification Structured Learning (PQSL)
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Disciplinary Proceeding (Cont)

• Power of DB
• Remove from the register
• Reprimand
• Fine a sum not exceeding 250,000
• Findings and order be published in Gazette

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Appeal Mechanism

• Decision made by BA in the exercise of a
  discretion
• Decision of the CRC
• Appeal Tribunal
• Court of First Instance
• Court of Final Appeal

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15
Control of Existing Building / Building Works (BO
Part II)

• Unauthorized Building Works
• Dangerous Buildings (Repair / Investigation)
• Dangerous Hillsides
• Defective Drainage
• Unauthorized Change of Use

Pre-Qualification Structured Learning (PQSL)
Series
16
Control of New Building /Building Works

• Building works (prior approval and consent from
  the BA) (BO Part II)
• Exempted Building Works (prior approval and
  consent is not required) (BO Part V)
• Government Military Buildings
• Pubic Housings
• Village Dwellings
• Non-structural Alteration

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17
Control of New Building / Building Works
(Administration)

• Central Processing System
• Re-engineering the Building Approval Process
• Pre-submission enquiry and conference
• Simplified plan checking procedure
• Concept plan
• Minor amendments
• Fast track processing of minor A A works
• Statutory period

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Offences (Part IV)

• Examples, BO s.40(1), s.40(1B)(b), s.40(2A),
  s.40(2B)..
• Penalty
• Principal Fines
• Daily Fines
• Imprisonment

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Statutory Period - B(A)R

• Plan Approval
• New Submission / Major Revision 60 days
• Amendment 30 days
• Issue of Consent (28 days)
• Issue of Occupation of Permit / Temporary
  Occupation Permit (14 days)

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Different Types of Plans B(A)R 8

• General Building plans
• Structural Plans (Foundation, Superstructure
  Cladding etc.)
• Drainage plans
• Site Formation plans
• Demolition plans

Pre-Qualification Structured Learning (PQSL)
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Submission Procedures B(A)R

• Form BA 4
• Notice of appointment of AP and/or RSE
• Form BA 5
• Application for approval of plans of building
  and/or street works and certificate of
  preparation of plans
• Form BA 6
• Stability certificate of AP and/or RSE

Pre-Qualification Structured Learning (PQSL)
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Submission Procedures B(A)R

• Form BA 8
• Application for consent to the commencement and
  carrying out of building works or street works
• Form BA 10
• Notice of appointment of registered contractor,
  notice of commencement of building works or
  street works and undertaking by registered
  contractor

Pre-Qualification Structured Learning (PQSL)
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Submission Procedures B(A)R

• Form BA 13
• Certificate on completion of building works
  resulting in a new building and application for
  permit to occupy such building
• Form BA 14
• Certificate on completion of building works not
  resulting in a new building or of street works

Pre-Qualification Structured Learning (PQSL)
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Fundamental Issues

• Development density
• Safety
• Health and Environment
• Other Important issues
• Fire Safety
• Town Planning Issue
• Disable Access
• Airport Height Restriction etc.

Pre-Qualification Structured Learning (PQSL)
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• Thank You

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