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Control System for Civil Engineering Works

under the Buildings Ordinance

CONTROL SYSTEM FOR


CIVIL ENGINEERING WORKS
UNDER
THE BUILDINGS ORDINANCE

KK CHOY
12 JUNE,
JUNE, 2014
Control System For Civil Engineering Works under the Buildings Ordinance

1. History of Building Control in Hong Kong

2. Legal System of Building Control in Hong Kong

3. Objectives of the Buildings Ordinance

4. Interpretation of Some Terms

5. Exemption from the Buildings Ordinance

6. Building Control on Building Works

7. Building Control on Existing Buildings

8. Prescribed Plans for Building Works

9. Scheduled Areas Under the Buildings Ordinance

10. Offences Against the Buildings Ordinances

11. Further Issues to be Considered


Control System For Civil Engineering Works under the Buildings Ordinance

1. History of Building Control in Hong Kong


Year The Legislation
1856 The Buildings and Nuisances Ordinance 1856
1889 The Buildings Ordinance 1889
 Building owners responsibility for
(i) Submission of plans to Surveyor General
(ii) Giving 4 days notice before commencement of works
 Surveyor General inspects works and certifies completion of the
building for occupation
1903 Public Health and Buildings Ordinance 1903
 Authorized architect introduced as the statutory agent;
 Authorized architects responsibility for
1. Submission of plans
2. Giving 7 days notice before commencement of works
3. Supervising the carrying out of works
4. Reporting completion of works
 BA retained power of enforcement & certification of completion of the
building for occupation
Control System For Civil Engineering Works under the Buildings Ordinance

1. History of Building Control in Hong Kong


Year The Legislation
1935 Buildings Ordinance 1935
 Made provision for new methods of construction
1. London County Council Reinforced Concrete Regulations
2. Higher standards for lighting & ventilation
1955 Buildings Ordinance 1955
 Registered Constructors introduced
 Formed basis of current legislation
1962 Buildings Ordinance 1962
 Control on plot ratio and site coverage introduced
1974 Buildings Ordinance 1974
 Authorized Person replacing Authorized Architect
 Registered Structural Engineer introduced
1980 Buildings Ordinance 1980
 Geotechnical Control specified
Control System For Civil Engineering Works under the Buildings Ordinance

1. History of Building Control in Hong Kong


Year The Legislation
1984 Buildings Ordinance 1984
 Disabled facilities introduced
1990 Buildings Ordinance 1990
 Performance based construction standards
1995 Buildings Ordinance 1995
 Energy efficiency
1996 Buildings Ordinance 1996
 Contractors registration system revised
 General building contractors & specialist contractors
1997 Buildings Ordinance 1997
 Site Safety Supervision Plan introduced
1998 Buildings Ordinance 1998
 More stringent control on demolition works
2004 Buildings Ordinance 2004
 Registered Geotechnical Engineers introduced
2008 Buildings Ordinance 2008
 Minor Works Control System
2011 Buildings Ordinance 2011
 Mandatory Building Inspection Scheme
 Mandatory Window Inspection Scheme
Control System For Civil Engineering Works under the Buildings Ordinance

2. Legal System of Building Control

Buildings Ordinance

Building Regulations
(e.g. B(A)R, B(C)R, B(P)R, etc.)
Technical
Memorandum
CoPs, Design Manuals & Guidelines etc.

PNAPs (PNAP ADM 1-20,PNAP APP 1-155,PNAP ADV 1-32),


PNRCs (PNRCs 1-75), etc.
Control System For Civil Engineering Works under the Buildings Ordinance

2.1 Allied Regulations


Cap 123A Building (Administration) Regulations
Cap 123B Building (Construction) Regulations
Cap 123C Building (Demolition Works) Regulations
Cap 123D (Repealed 43 of 1993 S. 12)
Cap 123E (Repealed 43 of 1993 S.12)
Cap 123F Building (Planning) Regulations
Cap 123G Building (Private Streets and Access Roads)
Regulations
Cap 123H Building (Refuse Storage and Material
Recovery Chambers and Refuse Chutes) Regulations
Control System For Civil Engineering Works under the Buildings Ordinance

2.1 Allied Regulations


Cap 123I Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations
Cap 123J Building (Ventilating Systems) Regulations
Cap 123K Building (Oil Storage Installations) Regulations
Cap 123L Building (Appeal) Regulation
Cap 123M Building (Energy Efficiency) Regulation
Cap 123N Building (Minor Works) Regulation
Cap 123O Building (Minor Works)(Fees) Regulation
Cap 123P Building (Inspection and Report) Regulation
Control System For Civil Engineering Works under the Buildings Ordinance

2.2 Codes of Practice (CoPs


(CoPs))
The Design and Construction of Buildings and Building
Works for Installation and Safe Use of Lifts and
Escalators 1993
Fire Resisting Construction 1996
The Provision of Means of Escape in Case of Fire 1996
The Provision of Means of Access for Firefighting and
Rescue Purposes 2004
The Structural Use of Concrete 2013
The Structural Use of Steel 2011
Wind Effects in Hong Kong 2004
Demolition of Buildings 2004
Control System For Civil Engineering Works under the Buildings Ordinance

2.2 Codes of Practice (CoPs


(CoPs))
Site Supervision 2009
Technical Memorandum for Supervision Plans 2009
Precast Concrete Construction 2003
Foundation Works (2004)
Oil Storage Installations 1992
Overall Thermal Transfer Value in Buildings 1995
Building Works for Lifts and Escalators 2011
Dead and Imposed Loads 2011
Fire Safety in Buildings 2011
MBIS and MWIS 2012
Control System For Civil Engineering Works under the Buildings Ordinance

2.3 Design Manuals

Design Manual Barrier Free Access 2008

Guide to Fire Safety Design for Caverns 1994


Control System For Civil Engineering Works under the Buildings Ordinance

2.4 Guidelines

Guidelines on Maintenance and Repair of Drainage


System and Sanitary Fitments
Guide on Erection & Maintenance of Advertising Signs
Practice Guidebook for Adaptive Re-use of and Alteration
and Addition Works to Heritage Buildings
BDs Internal Guidelines on Prioritization of Actionable
Unauthorized Building Works A Summary
Control System For Civil Engineering Works under the Buildings Ordinance

2.4 Guidelines

Guidelines on Maintenance and Repair of Drainage


System and Sanitary Fitments
Guide on Erection & Maintenance of Advertising Signs
Practice Guidebook for Adaptive Re-use of and Alteration
and Addition Works to Heritage Buildings
BDs Internal Guidelines on Prioritization of Actionable
Unauthorized Building Works A Summary
Control System For Civil Engineering Works under the Buildings Ordinance

2.4 Guidelines

General Guidelines on Minor Works Control System


Technical Guidelines on Minor Works Control System
Guidelines on the Design and Construction of Bamboo
Scaffolds
Aluminum Windows
Guidelines for Identification of Abandoned or Dangerous
Signboards
General Guidelines on MBIS and MWIS
Control System For Civil Engineering Works under the Buildings Ordinance

3. Objectives of Buildings Ordinance

The Buildings Ordinance provides for :


(a) the planning, design and construction of buildings and
associated works;

(b) the rendering safe of dangerous buildings and land;

(c) matters connected therewith:


(i) safety
(ii) health
(iii) environment
Control System For Civil Engineering Works under the Buildings Ordinance

3. Objectives of the Buildings Ordinance

Buildings Ordinance Section 14 (1) :


Save as otherwise provided, no person shall commence or
carry out any building works or street works without
having first obtained from the Building Authority
(a) his approval in writing of documents submitted to him
in accordance with the regulations; and
(b) his consent in writing for the commencement of the
building works or street works shown in the approved
plans.
Control System For Civil Engineering Works under the Buildings Ordinance

4. Interpretation of Some Terms

In accordance with Section 2(1) of the Buildings Ordinance,

Building includes the whole, or any part, of any domestic or public


building which is constructed or adapted for use for public
entertainment, arch, bridge, cavern adapted or constructed to be
used for storage of petroleum products, sea-wall, breakwater,
cavern or any underground space or any other structures
as the Building Authority may by notice in the Gazette declare to
be a building.
Building works includes any kind of building construction, site
formation works, ground investigation in the scheduled areas,
foundation works, repairs, demolition, alteration, addition and every
kind of building operation, and includes drainage works.
Control System For Civil Engineering Works under the Buildings Ordinance

4. Interpretation of some terms

Street includes the whole or any part of any square,


court or alley, highway, lane, road, road-
road-bridge,
footpath, or passage whether a thoroughfare or not.

Street works means any work for the construction,


formation or laying out of any private street or access
road, including the surfacing, channeling, draining and
lighting thereof, or for the reconstruction, alteration or
repair thereof.
Control System For Civil Engineering Works under the Buildings Ordinance

5. Exemption from the Buildings Ordinance

Under section 41 of the Buildings Ordinance, the


following shall be exempt from the provisions of the
Buildings Ordinance:
(a) buildings belonging to the Government;
(b) buildings upon any land vested in any person on
behalf of the Hong Kong Garrison;
(c) any street or access road vested in and
maintained by the Government
Control System For Civil Engineering Works under the Buildings Ordinance

6. Control System for Building Works

6.1 Statutory Period for Approval / Consent / Occupation Permit

6.2 Approval and consent required for commencement of works

6.3 Registration systems for AP, RSE, RGE, RGBC and RSC

6.4 Plan checking and site auditing by BD

6.5 Occupation Permit of new buildings issued by BA


Control System For Civil Engineering Works under the Buildings Ordinance

6.1 Statutory Period for Approval / Consent / Occupation Permit

Statutory
Response Period
Approval of plans (First submission) 60 Days

Approval of plans 30 Days


(Amendment submission not constitute major
revision)
Consent from the Building Authority to the 28 Days
commencement of building / street works

Application for Occupation Permit 14 Days


Control System For Civil Engineering Works under the Buildings Ordinance

6.2 Approval and Consent for Commencement of Works

No person shall commence or carry out any building works or street


works without having first obtained approval and consent from the
Building Authority

Exemptions are given to works carried out for/by the Government,


Military, Housing Authority etc.

New Territories Exempted Houses (NTEH)


<Buildings Ordinance (Application to the New Territories) Ordinance>
- Chapter 121
Control System For Civil Engineering Works under the Buildings Ordinance

6.2 Building Authority not deemed to consent if


supervision plan not lodged

Not deemed to have consented if the Authorized Person has not


lodged a supervision plan for building works or street works

A supervision plan must comply with the Technical Memorandum


current at the time of lodging the supervision plan

The person preparing a supervision plan is responsible for the


content of the supervision plan
Control System For Civil Engineering Works under the Buildings Ordinance

6.2 Approval & Consent deemed to be given unless refusal notified

Unless refusal to approval or consent to be given within the period


prescribed by regulations, it shall be deemed to have given approval
or consent

The grounds set out for any refusal to approve plans shall not be
treated as being exhaustive
Control System For Civil Engineering Works under the Buildings Ordinance

6.2 Grounds on which approval or consent may be refused (s. 16 of BO)


The plans are not such as prescribed by regulations;
The plans are not endorsed with or accompanied by a certificate from
the Director of Fire Services;
Forms BA 5 for application for approval is not provided;
Proposed works contravene the provision of Ordinance or draft plan
prepared under the Town Planning Ordinance;
Proposed works contravene a master layout plan approved by Town
Planning Board;
Plan processing fee has not been paid;
Proposed building differing in height, design, type or intended use
from buildings in the immediate neighborhood or previously existing
on the same site;
Works will cause total or partial collapse of adjacent buildings;
Further particulars are required;
Use of hand-dug caisson
Control System For Civil Engineering Works under the Buildings Ordinance

6.2 Resumption of work suspended

For any building works or street works which have not been
commenced within 3 months after the issuance of the consent, such
consent shall be deemed to be revoked

Renewal of consent is required


Control System For Civil Engineering Works under the Buildings Ordinance

6.3 Registration systems for AP, RSE, RGE, RGBC & RSC
Authorized Persons (for co-ordination of building works)
o Architects
o Engineers
o Surveyors
Registered Structural Engineers (for structural elements of building
works)
Registered Geotechnical Engineers (for geotechnical elements)
Registered General Building Contractors (for general building works)
Registered Specialist Contractors (for special building works) :
o Demolition
o Site formation
o Foundation
o Ground investigation field works
o Ventilation
Control System For Civil Engineering Works under the Buildings Ordinance

6.4 Plan Checking and Site Auditing by Buildings Department

All Plans submitted to BD will be checked by BD for compliance with


the BO and referred to other related government departments for
comments

Site Auditing by BD Officers


o Site safety
o Quality of works
o Proof tests
o General compliance with approved plans
Control System For Civil Engineering Works under the Buildings Ordinance

6.5 Occupation of new building

No new building shall be occupied except by not more than 2


caretakers unless: -
o BA has issued an Occupation Permit (OP)
o BA has issued a Temporary Occupation Permit (TOP)

For buildings in Scheduled Area Nos. 1, 2 & 4, Performance Review is


required to justify that the geotechnical and foundation design
assumptions are valid with adequate monitoring records

Upon receiving the application of issuance of OP, BA will issue or


reject to issue OP within 14 days
Control System For Civil Engineering Works under the Buildings Ordinance

7 Control System for Existing Buildings


7.1 Building works to cease on order of Building Authority

7.2 Order for demolition, removal or alteration of building, building


works or Street Works

7.3 Priority demolition

7.4 Dangerous buildings

7.5 Warning Notice ( Buildings Ordinance Section 24(C) )

7.6 Minor Works Control System

7.7 Mandatory Building Inspection Scheme & Mandatory Window


Inspection Scheme
Control System For Civil Engineering Works under the Buildings Ordinance

7.1 Building works to cease on order of Building Authority (BO s 23)


Proposed works have contravened the provision of the BO;

Proposed works being carried out:-


o will cause or likely to cause total or partial collapse of adjacent
buildings
o will render or likely to render any adjoining or other building so
dangerous that it will cause total or partial collapse
o Are in dangerous conditions within the site of the building works

Material deviation

Consent has not been given or conditions imposed are not complied
with
Control System For Civil Engineering Works under the Buildings Ordinance

7.2 Order for demolition, removal or alteration of building,


building works or street works (BO s 24)

BA to issue order if proposed works have contravened the provision


of the BO, requiring:-
o Demolition of the building
o Such alteration of the building works as may be necessary to
cause the same to comply with the provisions of the BO

If an order is not complied with, BA may demolish or alter or cause to


be demolished or altered such building works

The cost of works carried out may be recovered from the owner(s) of
the building
Control System For Civil Engineering Works under the Buildings Ordinance

7.3 Priority Demolition (BO s 24(B))

The building or building works constitute an imminent danger to life


or property;

The building has been erected or the building works have been or
being carried out with a view to sale, letting or other disposal;

The building is situated in a common part of any building or land in


multiple ownership and the existence of the building is seriously
detrimental to the amenities of the neighborhood;

The building or building works constitute a public nuisance


Control System For Civil Engineering Works under the Buildings Ordinance

7.4 Dangerous Building (BO s 26)

Any building has been rendered dangerous or liable to become


dangerous by fire, wind, rain, dilapidation, use or lack of fire escape:

Demolition of the whole or part of such building;


Building to be made safe generally;
Specify work that must be done to make such building safe;
Shoring to be erected;
Require a fence or hoarding for the protection of the public;
Closure of the building;
Control System For Civil Engineering Works under the Buildings Ordinance

7.5 Warning Notice (BO s 24(C))


(1) Where any building has been erected, or where any building
works have been or are being carried out, in contravention of any
of the provisions of this Ordinance, the Building Authority, without
prejudice to his powers under sections 24 and 24B, may issue a
notice in writing:
(a) identifying the location of the building or building works and the
land or premises affected by the building or building works;

(b) describing the building or building works which, in the opinion


of the Building Authority, has been erected or have been or are
being carried out in contravention of any of the provisions of
this Ordinance and stating those provisions;

(c) stating the powers of the Building Authority under this


Ordinance in relation to the building or building works; and
Control System For Civil Engineering Works under the Buildings Ordinance

7.5 Warning Notice (BO s 24(C))


(d) specifying a date after which the notice will be registered with
the Land Registry;
(i) the building or building works is or are not demolished; or
(ii) the building or building works is or are not altered in such a
manner as to cause the building or building works to comply
with those provisions, or otherwise to put an end to the
contraventions of those provisions.
(2) The Building Authority shall, where the building or building works
is or are not demolished or altered before the date specified in the
notice, cause the notice to be registered in the Land Registry;
(3) A notice under this section shall be deemed to be an instrument
affecting land or premises and shall be registrable in the Land
Registry;
(4) Where the building or building works as specified in the notice has
or have been demolished or altered, the Building Authority may
lodge in the Land Registry an appropriate instrument of
satisfaction against that notice;
Control System For Civil Engineering Works under the Buildings Ordinance

7.6 Minor Works Control System

A simplified control system for smaller scale building works which


would pose a lower risk level

Minor Works in private buildings may be carried out lawfully


through
simplified procedures

Fully implemented since 31 December 2010


Control System For Civil Engineering Works under the Buildings Ordinance

7.7 Mandatory Building Inspection Scheme and


Mandatory Window Inspection Scheme

Ageing buildings require proper care and maintenance to ensure


public safety

BA has the power to issue notices to owners requiring them to


carry
out prescribed inspections and repairs of buildings and windows
every 10 years and 5 years respectively

Appointments of Registered Inspectors and Qualified Persons for


inspections and repairs matters
Control System For Civil Engineering Works under the Buildings Ordinance

8. Prescribed Plans in respect of Building Works

Building Plans
Demolition Plans
Structural Plans
Foundation Plans
Site Formation Plans
Excavation and Lateral Support Plans
Ground Investigation Plans for Scheduled Areas
Drainage Plans
Control System For Civil Engineering Works under the Buildings Ordinance

9. Scheduled Areas under the BO

Mid-levels Areas
North-Western New Territories
Railway Protection Areas
Ma On Shan Area
Sewage Tunnel Protection Areas
Control System For Civil Engineering Works under the Buildings Ordinance

9 Scheduled Areas under the BO (Continued)

Guidelines provided in relevant PNAPs :-

PNAP ADM-16 GI Works in Scheduled Areas


PNAP APP-24 Railway Protection, Railways Ordinance etc. (Scheduled
Area No.3)
PNAP APP-30 Development in Mid-levels (Scheduled Area No. 1)
PNAP APP-61 Development in Area (Scheduled Areas No. 2 and 4)
PNAP APP-62 Sewage Tunnel Works ( Scheduled Area No. 5 )
Control System For Civil Engineering Works under the Buildings Ordinance

10. Offences Against the Buildings Ordinance

Permit defective materials;


Contravene BO 14(1) / 21 (1);
Any person knowingly misrepresents material fact;
Diverges or deviates materially from approved plans;
Permit materials not properly mixed, fixed or constructed;
Contravene conditions imposed under section 17(1);
Carry out or permit works to be carried out to cause injury or
damage to property;
Maximum penalty: HK$1,000,000 fine and 3 years imprisonment
Control System For Civil Engineering Works under the Buildings Ordinance

11. Further Issues to be Considered

UBW in NT Exempted Houses (Reporting Scheme)

Unauthorized Signboards (Validation Scheme)

Sub-divided Flats (?)


Control System For Civil Engineering Works under the Buildings Ordinance

Thank You