BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE

BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE

LAWS OF HONG KONG

BUILDINGS ORDINANCE (APPLICATION TO THE

NEW TERRITORIES) ORDINANCE

CHAPTER 121





CHAPTER 121

BUILDINGS ORDINANCE (APPLICATION TO
THE
NEW TERRITORIES) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1..........Short title ........................ ... ... ... ... ... ... ... ... ... 2
2..........Interpretation ..................... ... ... ... ... ... ... ... ... ... 2

PART 11

APPLICATION

3................................Application of Buildings Ordinance to the New Territories ... ... ... ... 4

PART III

CERTIFICATES OF EXEMPTION

4. General power to issue certificates of exemption in respect of building

works .................................... ... ... ... ... ... ... ... 4

5. Special power to issue certificates of exemption in respect of building works 4

-6.........................Site formation works and drainage works ... ... ... ... ... ... ... 4

7. Effect of certificate of exemption ......... .. 1 ... ... ... ... ...
5

8. Certificates to be in writing .............. ... ... ... ... ... ... ... ... 5
9. Director may impose conditions ............. ... ... ... ... ... ... ...
5
10................Proof of issue of certificate ... ... ... ... ... ... ... ... ... ... ... 5

11. Powers of Director may be exercised by District Lands Officer ... ... ... ... 6

12............[Had its effect] ................ ... ... ... ... ... ... ... ... ... 6
13............Transitional .. ................ ... ... ... ... ... ... ... ... 6

Schedule.....Conditions .................. ... ... ... ... ... ... ... ... ... ... 6





CHAPTER 121

BUILDINGS ORDINANCE (APPLICATION TO THE
NEW TERRITORIES)

To apply the Buildings Ordinance to the New Territories, to provide
for certificates of exemption from certain provisions of the
Buildings Ordinance for building works, site formation works and
drainage works for certain buildings in the New Territories and to
make necessary consequential amendments.

[16 October 1987.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Buildings Ordinance
(Application to the New Territories) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'balcony' has the meaning assigned to it by regulation 2 of the Building
(Planning) Regulations;

'building Works' has the meaning assigned to it by section 2 of the
Buildings Ordinance save that it shall not include site formation
works, drainage works, or the construction of seawalls;

'canopy' has the meaning assigned to it by regulation 2 of the Building
(Planning) Regulations;

'certificate of exemption' means a certificate of exemption issued under
this Ordinance;

'certificate of exemption in respect of agricultural use' means a
certificate of exemption issued under section 5(c);

'certificate of exemption in respect of community use' means a
certificate of exemption issued under section 5(b);

'certificate of exemption in respect of new housing' means a certificate
of exemption issued under section 5(a);

'certificate of exemption in respect of replacement housing means a
certificate of exemption issued under section 5(d);

'Director' means the Director of Buildings and Lands and any person
authorized by him under section 11;

'District' has the meaning assigned to it in the District Boards
Ordinance;





'height' in relation to any building means the perpendicular height of
the building measured from the level of its lowest point at ground
level to, subject to subsection (4), the level of the highest point of
its roof,

'New Territories' does not include New Kowloon;

'party wall' means a load-bearing wall

(a)forming part of a building used or constructed to be used for
the purpose of separating adjoining buildings; and

(b) which extends continuously-

(i) from the floor level of the lowest floor of the building up
to the underside of the roof; and

(ii) from an external wall to the external wall opposite; and

(e)which has no door, doorway, arch, archway, window or other
opening constructed in it;

'roofed-over area' means the area of a building enclosed within the
external faces of the main structural walls (which includes any party
wall) of that building together with, subject to subsection (5), the
area of any balcony, stairway, verandah, porch, canopy or any
other projection from the building.

(2) For the purposes of this Ordinance any word or phrase not
defined in subsection (1) and which has a meaning assigned to it by
section 2 of the Buildings Ordinance shall have that meaning.

(3) Where a domestic building is divided into separate units by
means of one or more party walls each such unit shall, for the purposes
of this Ordinance, be considered to be a separate building if any such
party wall

(a)where that building is of a height of not more than 7.62 m, is a
load-bearing brick wall of not less than 225 mm thick;

(b)where that building is of a height of more than 7.62 m but not
more than 8.23 m

(i) for the height of the lowest storey, is a load-bearing brick
wall not less than 340 mm thick; and

(ii) for subsequent floors, is a load-bearing brick wall not
less than 225 mm thick; or

(e)is a load-bearing reinforced concrete wall not less than 175 mm
thick.

(4) In determining the highest point of a roof no account shall be
taken of

(a)one stairhood if it has a roof area of not more than 7.44 m', a
height of not more than 2.14 m and is erected and used solely
to provide protection from rain and sun for a stairway used to
gain access to the roof of the building;





(b)any parapet on the roof if the height is not more than
1.22 m; or

(c)one water storage tank if it has a roof area of not more
than 2 m', a height of not more than 1.22 m and is installed
at any point on the roof other than on a stairhood.

(5) For the purpose of calculating the roofed-over area of any
building the area of not more than 2 balconies and one canopy shall
be excluded if-

(a)they all project from the same side of the building for a
distance of not more than 1.22 m; and

(b) they are not enclosed.

PART 11

APPLICATION

3. Subject to Part Ill, the Buildings Ordinance shall apply to
the New Territories.

PART 111

CERTIFICATES OF EXEMPTION

4. The Director may issue a certificate of exemption in respect
of any building works in the New Territories.

5. Subject to the provisions of this Ordinance, the Director
shall issue a certificate of exemption in respect of building works in
the New Territories-

(a)for a building to be built by any person and to be used for
non-industrial purposes;

(b)for a building to be built by a community organization for
the use of the community;

(c)for a building to be built on agricultural land and to be
used solely for agricultural purposes;

(d)for the replacement of a temporary structure in the New
Territories.

6. Where the Director has issued a certificate of exemption
under section 4 or 5 he may also issue-





(a)a certificate of exemption in respect of site formation
works;
(b) a certificate of exemption in respect of drainage works.

7. (1) Subject to subsection (2) and to compliance with any
conditions imposed by the Director under section 9-
(a)sections 4, 9, 14, 21 and 30 of the Buildings Ordinance and
the regulations made under that Ordinance shall not
apply-
(i) in respect of building works or site formation works;
and
(ii) for any building,
specified in a certificate of exemption; and
(b)the provisions and regulations mentioned in paragraph (a)
and section 28 of the Buildings Ordinance shall not
apply-
(i) in respect of any drainage works; and
(ii) for any building,
specified in a certificate of exemption,
carried out by or on behalf of the person named in that certificate of
exemption.

(2) Subsection (1) shall not apply in relation to a certificate of
exemption issued under section 4 or 5 in respect of a building of
greater dimensions than the building described-
(a) in the case of-
(i) a certificate of exemption in respect of new housing;
(ii) a certificate of exemption in respect of community
use; or
(iii) a certificate of exemption granted under section 4,
in Part 1 of the Schedule;
(b)in the case of a certificate of exemption in respect of
agricultural use, in Part 11 of the Schedule; or
(c)in the case of a certificate of exemption in respect of
replacement housing, in Part III of the Schedule.

8. Any certificate of exemption issued under this Ordinance
shall be in writing and in a form determined by the Director.

9. The Director may issue a certificate of exemption subject
to such conditions relating to safety and health or such other
reasonable conditions as he may impose and any such conditions
shall be recorded on the certificate of exemption.

10. For the purpose of any proceedings under this Ordinance a
document purporting to be a copy of a certificate of exemption and
purporting to be certified to be a true copy by the Director or any





District Lands Officer shall be received in evidence on its production
without further proof, and

(a) until the contrary is proved, it shall be presumed that-

(i) the document is a true copy of the certificate of
exemption; and

(ii) the person who certified the document was, as the case
may be, the Director or a District Lands Officer; and

(b)such document shall be prima facie evidence of all matters
contained therein.

11. The powers of the Director under this Ordinance, other than his
powers under section 4, may be exercised on his behalf by any District
Lands Officer of a District in the New Territories.

12. [Had its effect]

13. Notwithstanding the repeal of the Buildings Ordinance
(Application to the New Territories) Ordinance and the Buildings
Ordinance (Application to the New Territories) Regulations by section
12, that Ordinance and those regulations shall continue to apply to any
building works, site formation works or drainage works to which that
Ordinance and those regulations applied immediately before their repeal,
and which are in course of being carried out at the commencement of
this Ordinance.

SCHEDULE [s. 7(2).]

CONDITIONS

PART 1

Certificate of exemption in respect of new housing
or
community use, or issued under section 4

1. (1) The building, when constructed, will be a building of not more than 3
storeys and

(a)of a height of more than 7.62 m but not more than 8.23 m and with a
roofed-over area not exceeding 65.03 m 2 and in respect of which the
thickness of each load-bearing wall

(i) in the case of a load-bearing reinforced concrete wall is not less
than 175 mm thick; or

(ii) of the lowest storey is in the case of a load-bearing brick wall not
less than 340 mm; and

(iii) of any higher storey is in the case of a load-bearing brick wall
not less than 225 mm; or

(b) of a height of not more than 7.62 m-

(i) with a roofed-over area not exceeding 92.90 m 2 where the
building complies with approved plans; or

(ii) with a roofed-over area not exceeding 65.03 m 2

(2) In this Part 'approved plans' means plans prepared by the Director or
plans so prepared and modified with his consent.





PART 11

Certificate of exemption in respect of agricultural use

2. The building when constructed will be of a single storey and a height of not
more than 4.57 m.

PART Ill

Certificate of exemption in respect of replacement housing

3. The building when constructed will have a roofed-over area of not more
than 37.16 m 2 and be of a height of not more than 5.18 m.
Originally 60 of 1987. Short title. Interpretation. (Cap. 123, sub. leg.) (Cap. 123.) (Cap. 123, sub. leg.) (Cap. 366.) (Cap. 123.) Application of Buildings Ordinance to the New Territories. (Cap. 123.) General power to issue certificates of exemption in respect of building works. Special power to issue certificates of exemption in respect of building works. Site formation works and drainage works. Effect of certificate of exemption. (Cap. 123.) (Cap. 123.) Schedule. Certificates to be in writing. Director may impose conditions. Proof of issue of certificate. Powers of Director may be exercised by District Lands Officer. Transitional. (Cap. 322, 1964 Ed.) (Cap. 322, sub. leg., 1984 Ed.)

Originally 60 of 1987. Short title. Interpretation. (Cap. 123, sub. leg.) (Cap. 123.) (Cap. 123, sub. leg.) (Cap. 366.) (Cap. 123.) Application of Buildings Ordinance to the New Territories. (Cap. 123.) General power to issue certificates of exemption in respect of building works. Special power to issue certificates of exemption in respect of building works. Site formation works and drainage works. Effect of certificate of exemption. (Cap. 123.) (Cap. 123.) Schedule. Certificates to be in writing. Director may impose conditions. Proof of issue of certificate. Powers of Director may be exercised by District Lands Officer. Transitional. (Cap. 322, 1964 Ed.) (Cap. 322, sub. leg., 1984 Ed.)

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