BUILDINGS ORDINANCE

BUILDINGS ORDINANCE

LAWS OF HONG KONG

BUILDINGS ORDINANCE

CHAPTER 123





CHAPTER 123

BUILDINGS ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page

1. Short title .....1....................... .. ... ... ... ... ... ... ... 4

2. Interpretation ..........1 ......... ... ... ... ... ... ... ... . ... 4

PART 1

AUTHORIZED PERSONS. REGISTERED STRUCTURAL ENGINEERS-
REGISTERED
CONTRACTORS. REGISTERED LIFT CONTRACTORS. REGISTERED ESCALATOR
CONTRACTORS AND REGISTERED VENTILATION CONTRACTORS

3................................Registers of authorized persons and structural engineers .... ... 8

4. Appointment and duties of authorized person or registered structural engineer 11

5............................Appointment and powers of disciplinary board ... ... ... ... ... ... 12

5A. Authorized Persons* and Registered Structural Engineers' Disciplinary Board

Panel ................. ....... . ....... ... ... ... ... ... ... 12

6...................Appeals under section 3(10) ... . ... ... ... ... ... ... ... 13

7. Disciplinary proceedings in respect of an authorized person or registered structural

engineer ... ... ... ... ... ... . ... ... ... ... ... ... ... ...

9. Registers of registered contractors. registered lift contractors. registered escalator

contractors and registered ventilation contractors. etc. ... ... ... ... 14

9............................Appointment and duties of registered contractors ... ... ... ... ... ... 16

10. Appointment and duties of' registered lift contractors and escalator contractors 16

11...........................Appointment and powers of disciplinary board ... ... ... ... ... ... 16

1 1A.....................Contractors' Disciplinary Board Panel ... ... ... ... ... ... ... ... 17

12................Appeals under section 8(4) ... ... ... ... ... ... ... ... ... ... ... 18

13. Disciplinary proceedings in respect of registered contractors. etc. 18

PART 11

CONTROL 01: BL BUILING

14......................................Approval and consent required for commencement of building works, etc . ... 19

15..................................Approval and consent deemed to be given unless refusal notified ... ... ... 20

16.............................Grounds on which approval or consent may be refused ... ... ... ... ... 20

17. Conditions may be imposed in certain cases ... ... ... ... ... ... ... ... 24
18. Authority to erect shoring in certain cases ... ... ... ... ... ... ... 26

18A...............Claims for compensation ..... ... ... ... ... ... ... ... ... ... ... 28






19................Provision for urgent work ... ... ... ... ... ... ... ... ... ... 28

20..................Resumption of work suspended ... ... ... ... ... ... ... ... 28
21..................Occupation of new building ... ... ... . ... ... ... ... ... 29

22..................Powers of Building Authority ... ... ... ... ... ... ... ... ... ... 31

23................................Building works, etc. to cease on order of Building Authority 1 ... ... ... 31

24. Order for demolition, removal. or alteration of building, building works, street

works. lift works or escalator works ........ ... ... ... ... ... 32
24A.......................Order to cease or remedy dangerous works ... ... 33



25. Change in use of buildings ... ... ... ... ... ... ... ... ... ... 33

26. Dangerous buildings ... ... ... ... ... ... ... ... ... ... ... ... 34





Section...................................... Page

27, Closure Order .......................... ... ... ... ... ... ... ... 35

27A................Dangerous hillsides. etc. ... ... ... ... ... ... ... ... ... ... ... 37

28. Drainage ............................... ... ... ... ... ... ... ... 38

28A. Groundwater drainage works in scheduled area ... ... ... ... ... ... ... 39

28B. Authorization to carry out relevant works in case of objection etc. by persons

whose property is affected ............. ... ... ... ... ... ... ... 39

28C..............Magistrate's warrant ......... ... ... ... ... ... ... ... ... ... ... 40

28D................................Obligation to make good. and compensation for, damage ... ... ... ... 40

29. Construction and maintenance of private streets and access roads ... ... ... 41

30. Openings to or from streets ............ ... ... ... ... ... ... ... ... 43

PART 111

MISCELLANEOUS AND GENERAL

31.................Projections on or over streets ... ... ... ... ... ... ... ... ... ... 43

32..........................Naming of streets and numbering of buildings ... ... ... ... ... 44
33..........................Recovery of costs of works by Building Authority ... ... .. ... ... ... 45

34. Disposal of materials resulting from works carried out by Building Authority 46

35...................Service of notices and orders ... ... ... ... ... ... ... ... ... ... 46

36...................................Admissibility in cvidence of certified copies of documents. etc. ... ... ... 47

37...................Limitation of public liability ... ... ... ... ... ... ... ... 47

38..........Regulations ....................... ... ... ... ... ... ... ... .. ... 47

39...................Application of new regulations ... ... ... ... ... ... ... ... ... ... 50

PART IV

OFFENCES

40.......Offences ...................... ..... ... ... ... ... ... ... ... ... 50

PA PART V V

EXEMPTIONS

41.........Exemptions ......................... ... ... ... ... ... ... ... ... ... 55

42.........................Building Authority's powers of exemption ... ... ... ... ... ... ... 56

PART VI

APPEALS

43. Establishment of appeal tribunal ... ... ... ... ... ... ... ... ... ... 56
44. Tribunal to hear appeals ... ... ... ... ... ... ... ... ... ... ... ... 57
45. Stay of exercise of powers ... ... ... ... ... ... ... ... ... ... ... ... 57







46. Governor in Council may review 57
47. Certain restrictions on right to appeal to tribunal ... ... ... ... ... ... ... 58
48. No compensation to be awarded 58





Section Page
PART VII

REVIEW OF CERTAIN DECISIONS OF BUILDING AUTHORITY

49. Appointment of panel ... ... ... ... ... ... ... ... ... ... ... ... ... 58
-50. Appeal to pane[ against certain decisions of Building Authority ... ... ... ... 58
st. Appeal to tribunal to be a bar to appeal to panel ... ... ... ... ... ... ... 61
52. No compensation to be awarded ... ... ... ... ... ... ... ... ... ... 61
53. Limitation on liability of members of committee of review ... ... ... ... ... 62

PART Viii

SAYING AND VALIDATION

54. Saving .................................... ... ... ... ... ... ... ... 62
55. Validation ................................ ... ... ... ... ... ... ... 62

First Schedule. Procedure of Appeal Tribunal ... ... ... ... ... ... ... 62

Second Schedule. Provisions of Buildings Ordinance 1935 to continue in operation ... 63

Third Schedule. Form of warrant ................ ... ... ... ... ... ... ... ... 69

Fourth Schedule. Departments ................... ... ... ... ... ... ... ... ... 69
Fifth Schedule. Scheduled area ................. ... ... ... ... ... ... ... ... 69

Sixth Schedule.....Form of warrant ............. ... ... ... ... ... ... ... ... 70





CHAPTER 123

BUILDINGS

provide for the planning, design and construction of buildings and
associated works; to make provision.for the rendering safe of
dangerous buildings and land; and to make provision for matters
connected therewith

(Replaced, 72 of 1980, s. 2)

[1 June 1956]

1. (1) This Ordinance may be cited as the Buildings Ordinance.

(2)This Ordinance shall apply to the New Territories (other than
New Kowloon) in the manner provided by the Buildings
Ordinance (Application to New Territories) Ordinance. (Replaced,
27 of 1960, s. 7)

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

'access road' means a road on land held under lease, licence or
otherwise from the Crown or on land over which the Crown has
granted a right of way, providing access only to buildings used or
intended to be used wholly or mainly for purposes of habitation,
and which is not a street; (Added, 44 of 1959, s. 2)

'authorized person' means a person whose name is for the time being
on the authorized persons' register kept under section 3(1)

(a) as an architect, in list I therein; or

(b)as a civil, municipal or structural engineer, in list II therein; or

(c) as a surveyor, in list III therein,(Replaced, 52 of 1974, s.2)





'building' includes the whole, or any part, of any domestic or public
building, arch, bridge, cavern adapted or constructed to be used for
the storage of oil and petroleum products, chimney, cookhouse,
cowshed, dock, factory, garage, hangar, hoarding, latrine, matshed,
office, oil storage installation, out-house. pier, shelter, shop, stable,
stairs, wall, warehouse, wharf, workshop or tower, pylon or other
similar structure supporting an aerial ropeway and such other
structures as the Building Authority may by notice in the Gazette
declare to be a building; (Amended, 44 of 1959, s. 2; 19 qf 1976, s. 32;
16 qf 1978, s. 2 and 5_ qf 1983, s. 2)


'Building Authority' means the Director of Building Development;
(Amended, L.N. 76/82)

'building owner' means a person desiring to build a new building or to
alter an existing building and shall include the agent and
authorized architect of a building owner;

'building works' includes any kind of building construction, site
formation works, ground investigation in the scheduled area,
repairs, demolition, alteration, addition and every kind of building
operation, and includes drainage works, (Amended, 72 of 1980, s. 3
and 41 of 1982, s. 2)

'composite building' means a building that is partly domestic and
partly non-domestic, (Added, 73 of 1983, s. 2)

'contraventions of the provisions of this Ordinance' includes failure to
comply with any order given or any condition imposed by the
Building Authority under the provisions of this Ordinance and any
material divergence or deviation from any plan approved by him;
(Added, 44 of 1959, s. 2)

'dangerous building' means any building in such a condition as to
cause risk of injury either to the occupiers or users of such building
or to the occupiers or users of any neighbouring building or to the
general public;

'design assumption' means an assumption stated or implied in the
design calculations or other documentation in respect of building
works submitted to the Building Authority; (Added, 72 qf 1980,s.3)

'domestic', when used in relation to a part of a composite building,
means a part that is constructed or intended for habitation; (Added,
73 qf 1983, s. 2)

'domestic building' means a building constructed or intended to be
used for habitation and the expression 'domestic purposes' shall
be construed accordingly; (Added, 73 qf 1983, s. 2)

'drain' means a drain used for the drainage of one building and any
buildings and yards appurtenant thereto; (Added, 44 qf 1959,s.2)

'drainage works' means any work connected with the construction,
repair, alteration, disconnexion, trapping and ventilation of

drains or sewers;(Added, 44 of 1959, s. 2)





'escalator works- means any work, not being building works, for the
installation of a new escalator and the machinery and equipment
connected therewith and any work, not being building works, for
the alteration of an escalator, other than the replacement of any
part of the escalator or the machinery or equipment connected
therewith by a part of similar design; (Added, 44 of 1959, s. 2)

'frontagers' means, in the case of a private street the owners of
premises fronting, joining or abutting on such street, and in the
case of an access road the owners of premises to which such road
provides access; (Added, 44 of 1959, s. 2)

'ground investigation' means any exploratory drilling, boring,
excavating and probing of land for obtaining any information on
ground conditions and includes the installation of instruments,
sampling, field testing, any other site operation and laboratory
testing of samples obtained from such operations; (Added, 41 qf
1982, s. 2)

'groundwater drainage works- means any work or installation connected
with the draining of water flowing, percolating or lying under the
surface of land but does not include drainage works as defined in
this section; (Added, 41 of 1982, s. 2)

-habitation' in relation to the use of a building, or part of a building.
includes use of it for hotel, guest-house, boardinghouse. hostel,
dormitory or similar accommodation, (Added, 73 qf'] 983, s. 2)

'lift' means a lift to which this Ordinance is, by regulations, made to
apply and has the meaning assigned to it by regulations; (Added, 44
of 1959, s. 2)

lift works' means any work, not being building works, for the installation
of a new lift and the machinery and equipment connected therewith
and any work, not being building works, for the alteration of a lift or
the machinery or equipment connected therewith, other than the
replacement of any part of the lift or the machinery or equipment
connected therewith by a part of similar design; (Added, 44 of 1959, s.
2)

list V, 'list W' and list III mean respectively, list 1, list 11 and list III of
the authorized persons' register kept under section 3(1) (Added, 52
qf 1974, s. 2)

'new building- means any building hereafter erected and also any
existing building of which not less than one half measured by
volume is rebuilt or which is altered to such an extent as to
necessitate the reconstruction of not less than one half of the
superficial area of the main walls;

'non-domestic', when used in relation to a part of a composite building,
means a part that is constructed or intended for use otherwise than
for habitation; (A Added 73 of 1983, s. 2)

'non-domestic building- means a building that is not a domestic

building;(Added, 73 qf 1983, s. 2)





'occupier' means in the case of domestic buildings a person resident
therein and in the case of other buildings means a person carrying
on an occupation full-time in such building,

'oil and petroleum products' means crude petroleum or petroleum feed-
stock and includes semi-refined petroleum which is liquid or solid
at ambient temperatures and pressures; (Added, 5 of' 1983,s.2)

'oil storage installation' means any tank having a capacity of not less
than 110 000 litres, or a group of tanks any one of which is a tank
having a capacity of not less than 110000 litres, constructed above
ground level for the purpose of storing oil and petroleum products,
(Added, 16 of 1978 s. 2)

'owner' includes any person holding premises direct from the Crown
whether under lease, licence or otherwise, any mortgagee in
possession and any person receiving the rent. of any premises,
solely or with another. on his own behalf or that of any person, or
who would receive the same if such premises were let to a tenant,
and where such owner as above defined cannot be found or
ascertained or is absent from the Colony or is under disability, the
agent of such owner,

'performance review' means a report in respect of building works,
submitted by an authorized person, stating and justifying that the
building works have been inspected and monitored in the course
of construction and that the geotechnical design assumptions
upon which the building works have been based are valid; (Added,
41 of 1982 s. 2)

'plan' includes drawings, details, diagrams, calculations. structural
details and structural calculations; (Added, 44 of 1959, s. 2)

'private street- means a street on land held under lease. licence or
otherwise from the Crown or on land over which the Crown has
granted a right of way; (Added, 44 of 1959, s. 2)

'registered contractor- means any person whose name is for the time
being on the register of registered building contractors maintained
under section 8;'registered escalator contractor' means any person whose name is or

'registered escalator contractor' means any person whose name is
for the time being on the register of escalator contractors
maintained under section 8; (Added, 44 of 1959 s.2.)

'registered lift contractor' means any person whose name is for the
time being on the register of lift contractors maintained under
section 8; (Added 44 of 1959, s. 2)

'registered structural engineer' means a person whose name is for the
time being on the structural engineers' register kept under section
3(3); (Added, 52 of 1974 s. 2)

'registered ventilation contractor' means any person whose name is for
the time being on the register of ventilation contractors
maintained under section 8;(Added, 23 of 1971, s. 2)





'regulations' means rules and regulations made under this Ordinance;

'scheduled area- means the area specified in the Fifth Schedule and
references to a building Ping or building works in the scheduled
area are, in the case of a building or building works situated partly
in the scheduled area, references to that part of the building or
building works so situated; (Added, 41 qf 1982, s. 2)

'sewer' does not include a drain as defined in this section, but includes
all sewers and drains used for the drainage of more than one
building and any buildings and yards appurtenant thereto, (Added,
44 of 1959, s. 2)

'site formation works' includes excavations on sloping land, filling,
landslip preventive works, landslip remedial works and ground
water drainage works; (Added, 72 qf* 1980, s. 3. Amended, 41 of 1982,
s. 2)

Street includes the whole or any part of any square, court or alley,
highway, lane, 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,
channelling, draining and lighting thereof, or for the reconstruction.
alteration or repair thereof.. (Added, 44 of' 1959, s. 2)

,,Ventilating system--- means a mechanical system for introducing or
exhausting air. (Added, 23 of 1971, s. 2)

(2) The duties imposed on and the powers granted to the
Building Authority under this Ordinance may be carried out and
exercised by an officer of any Department of the Government
specified in the Fourth Schedule who is authorized by the Director
of Building Development either generally or particularly and subject
to his instructions. (Amended, L.N. 76/82 and 73 of 1985. s. 2)

(3) The Legislative Council may by resolution amend the Fourth
Schedule. (Added, 73 of 1985, s. 2)

PART I

AUTHORIZED PERSONS. REGISTERED STRUCTURAL ENGINEERS.
REGISTERED CONTRACTORS. REGISTERED LIFT CONTRACTORS,
REGISTERED ESCALATOR CONTRACTORS AND REGISTERED
VENTILATION CONTRACTORS

(Amended, 52 of 1974, s. 3)

3. (1) The Building Authority shall keep a register (hereinafter
referred to as the 'authorized persons' register of all persons who are
qualified to perform the duties and functions of an authorized person in
accordance with this Ordinance.





(2) The authorized persons' register shall contain the following lists

(a) list I, consisting of architects,

(b)list II, consisting of civil, municipal or structural engineers;
and

(c) list III, consisting of surveyors.

(3) The Building Authority shall keep a register (hereinafter referred
to as the 'structural engineers' register of all persons who are qualified
to perform the duties and functions of structural engineers (relating to
more advanced structural designs of building works or street works) in
accordance with this Ordinance.

(4) The Building Authority shall publish annually in the Gazette the
names of

(a)the persons 'Included in each of the lists in the authorized
persons' register; and

(b) the persons included in the structural engineers' register.

(5)(a) The Building Authority shall appoint a Committee to be
known as the Authorized Persons' and Structural Engineers'
Registration Committee (in this section referred to as the
Registration Committee) to assist him in considering
applications for inclusion in the authorized persons' register or
the structural engineers' register by-

(i) examining the qualifications of applicants.,

(ii) making such inquiries as it may consider necessary to
ascertain whether an applicant has the prescribed experience;

(Iii) conducting professional interviews with applicants; and

(iv) advising the Building Authority as to the acceptance or
rejection of applications for inclusion in such registers.

(b) The Registration Committee shall consist of-

(i) the Principal Government Building Surveyor as chairman;

(ii) the Government Structural Engineer, Buildings
Ordinance Office, A

(iii) 2 architects whose names are included in list I,
nominated by the Hong Kong Institute of Architects;

(iv) 2 engineers whose names are included in list II,
nominated by the Hong Kong Institution of Engineers;

(v) 1 chartered surveyor whose name is included in list III,
nominated by the Royal Institution of Chartered Surveyors
(Hong Kong Branch);

(vi) 1 registered structural engineer nominated by the Hong
Kong Institution of Engineers; and (Replaced, 55 of 1984, s.
2)

(vii) the Technical Secretary, Buildings Ordinance Office, who
shall be the Secretary of the Registration Committee.

(c)The Registration Committee shall meet at such times and
places as the Building Authority shall appoint:

Provided that the Building Authority shall call a meeting
of the Registration Committee within 21 days of the receipt by
him of a request in writing signed by 2 members of the
Registration Committee.

(d)A quorum of the Registration Committee shall be 6 members,
including the persons referred to in paragraph (b)(i), (ii) and (vii).

(6) Every applicant for inclusion in the authorized persons'
register or the structural engineers 1 register shall submit his application
in the prescribed form to the secretary of the Registration Committee.

(7) No person shall be included in any list in the authorized
persons' register or in the structural engineers' register unless he has the
prescribed qualifications for inclusion in such list or such register.

(8) Subject to subsection (7), a person's name may be included in
both the authorized persons' register and the structural engineers'
register and in more than 1 list in the authorized persons' register.

(9) In respect of every application for inclusion in any list in the
authorized persons' register or in the structural engineers' register, the
Building Authority shall within 3 months from the date of the meeting of
the Registration Committee at which the application was considered

(a)on payment by the applicant of the prescribed fee. publish in
the Gazette and enter in the appropriate list or, as the case may
be, register the name of the applicant. or

(b)inform the applicant that his application is deferred for a
period not exceeding 12 months, or

(e) refuse his application.

(10) Any person whose application for inclusion in any list in the
authorized persons* register or the structural engineers' register is
refused may appeal to a disciplinary board appointed under section 5.

(11) The Building Authority may remove from the authorized
persons' register or the structural engineers register the name of any
person who

(a) is deceased.

(b)is not practising the profession in respect of which the name
of that person was included in the register; or





(e)being a person required to pay the annual fee prescribed for
the retention of that person's name in the register fails for a
period exceeding 6 months to pay such annual fee. (Replaced,
75 qf 1976, s. 2)

(12) Any person whose name has been removed from the authorized
persons' register or the structural engineers' register under subsection (1
1)(c) may apply within 2 years after such removal to the Building
Authority for the restoration of his name to the register from which it
has been removed and, subject to the payment of the prescribed fee for
the restoration of a name, the Building Authority shall thereupon restore
the name to that register. (Added, 75 of 1976, s. 2)

(Replaced, 52 of 1974, s. 4)

4. (1) Every person for whom building works or street works are to
be carried out shall appoint--

(a)an authorized person as the co-ordinator of such building
works or street works; and

(b)a registered structural engineer as a consultant to the
authorized person on the structural elements of such building
works or street works if so required under this Ordinance.

(2) If an authorized person or a registered structural engineer so
appointed becomes unwilling to act or unable, whether by reason of the
termination of his appointment or for any other reason. to act, the
person for whom the building works or street works are to be or are
being carried out shall appoint another authorized person or registered
structural engineer, as the case may be, in his stead:

Provided that. where an authorized person or a registered structural
engineer, is temporarily unable to act by reason of his illness or absence
from Hong Kong, he may nominate another authorized person or
registered structural engineer to act in his stead for the period of such
illness or absence.

(3) Any authorized person and any registered structural engineer
appointed or nominated under subsection (1) or (2) shall

(a)supervise the carrying out of the building works or street
works, as the case may be, in the prescribed manner;

(b)notify the Building Authority of any contravention of the
regulations which would result from the carrying out of any
work shown in any plan approved by the Building Authority
in respect of the building works or street works. and

(e) comply generally with this Ordinance.

(4) A structural engineer may not be appointed as a consultant
under subsection (1)(b) unless he is registered in the structural
engineers' register.

(Replaced, 52 qf 1974s.4 4)





5. (1) For the purposes of section 3(10) and section 7. the Building
Authority may, from time to time. appoint a disciplinary board.

(2) Every such board shall consist of
(a)3 persons who are members of the Authorized Persons' and
Registered Structural Engineers' Disciplinary Board Panel
appointed under section 5A, at least 1 of whom shall be a
member of the same profession as the appellant or the person
in respect of whom the inquiry is being held.

(b) the Building Authority or his representative; and

(c) a legal adviser.

(3) The chairman of a disciplinary board appointed under this
section shall be the Building Authority or his representative on the
board or such other member of the board as the Building Authority shall
appoint.

(4) For the purposes of any inquiry under section 7. a disciplinary
board appointed under this section shall have all such powers as are
vested in the High Court in relation to

(a)enforcing the attendance of witnesses and examining them
upon oath or otherwise

(b) compelling the production of documents,

(c) ordering the inspection of premises: and

(d) entering upon and viewing premises.

(5) The members of any disciplinary board appointed under this
section, other than persons who are in full-time employment in any
office of emolument under the Crown, shall be remunerated at such rate
as the Governor may determine from time to time or in any particular
case.

(Replaced, 52 of1974, s. 4)

SA. (1) There shall be an Authorized Persons' and Registered
Structural Engineers' Disciplinary Board Panel. which shall be appointed
by the Governor.

(2) The Authorized Persons' and Registered Structural Engineers'
Disciplinary Board Panel shall consist of not more than 20 members, of
whom not more than (Amended, 55 of'1984, s. 3)

(a)5 shall be members of the Hong Kong Institute of Architects
whose names are included in list I;

(b)5 shall be members of the Hong Kong Institution of Engineers
whose names are included in list II:

(e)5 shall be members of the Hong Kong Institution of Engineers
who are registered structural engineers, Replaced, 55 of 1984,
s. 3)





(d)5 shall be members of the Royal Institution of Chartered
Surveyors (Hong Kong Branch) whose names are included in
list III.

(3) No person shall be appointed to be a member of the panel
unless he has been in practice in Hong Kong for a period of at least 10
years and have been recommended by the Building Authority after
consultation with the appropriate Institute or Institution. (Amended, 55
of 1984, s. 3)

(4) Members of the panel shall hold office for 3 years but shall be
eligible for reappointment.

(Added, 52 of 1974, s. 4)

6. (1) Upon an appeal under section 3(10). the disciplinary board
may either

(a) confirm the decision of the Building Authority; or

(b) direct that---

(i) the appellant's name be entered in the authorized
persons' register or structural engineers' register, as the case
may be; or

(ii) the appellant appear before the Building Authority at a
professional interview as required by regulations: or

(iii) the appellant pay the prescribed fee and pass an
examination as required by regulations.

Amended 52 of1974, s. 5)

(2) The decision of the disciplinary board shall be final.

7. (1) Where it appears to the Building Authority that an authorized
person or a registered structural engineer has been convicted by any
court of such offence or has been guilty of such negligence or
misconduct as

(a)renders such person unfit to be on the authorized persons'
register or on the structural engineers' register as the case may
be; or

(b)makes the further inclusion of such person on the authorized
persons' register or on the structural engineers 1 register, as the
case may be, prejudicial to the due administration of this
Ordinance; or

(c) renders such person deserving of censure.

the Building Authority may bring the matter to the notice of a
disciplinary board appointed under section 5.

(2) Where, after due inquiry, the disciplinary board is satisfied that
the authorized person or the registered structural engineer has been
convicted of such an offence or has been guilty of such negligence or
misconduct, such board may





(a) order that the name of such person be removed-

(1) from the authorized persons' or the structural engineers'
register, as the case may be; or

(ii) if his name appears in both registers. from both
registers,

either permanently or for such period as the board thinks fit;
or

(b) order that such person be reprimanded.; and

(e) order that its findings and order be published in the

Gazette.

(3) On an inquiry under this section, a disciplinary board may make
such order as it thinks fit with regard to the payment of the costs of the
inquiry and the costs of the Building Authority or of the authorized
person or registered structural engineer in respect of whom the inquiry is
held.

(4)(a) Any authorized person or registered structural engineer
aggrieved by any order made in respect of him under this
section may appeal to ajudge of the High Court and upon any
such appeal the judge may confirm, reverse or vary the order of
the disciplinary board:

Provided that the judge may, notwithstanding that he is
of the opinion that the point raised in the appeal might be
decided in favour of the appellant, dismiss the appeal if he
considers that no substantial miscarriage of justice has
actually occurred.

(b)The practice in relation to any such appeal shall be subject to
any rules of court made under the Supreme Court Ordinance.

(c)The decision of the judge on any such appeal shall be final.
(Amended, L.N. 137/81)

(Replaced, 52 of 1974, s. 6)

8. (1) The Building Authority shall keep the following registers,
namely

(a)a register (hereinafter referred to as the contractors' register) of
all persons who are qualified to perform the duties of a
registered contractor in accordance with the provisions of this
Ordinance;

(b) a register (hereinafter referred to as the register of lift
contractors) of all persons who are qualified to carry out
works in connexion with the installation. alteration, main-
tenance and repair of lifts and the machinery and equip-
ment connected therewith:

(c) a register (hereinafter referred to as the register of escalator
contractors) of all persons who are qualified to carry out

work in connexion with the installation. alteration,
maintenance and repair of escalators and the machinery and
equipment connected therewith; and

(d)a register (hereinafter referred to as the register of ventilation
contractors) of all persons who are qualified to carry out
inspections of ventilating systems and the machinery and
equipment connected therewith. (Added, 23 of 1971. s.3)

(2) Every applicant for inclusion in any of such registers shall
submit his application, in the prescribed form, to the Building Authority.

(3)(a) In respect of every such application, the Building Authority
shall within 3 months

(i) upon payment by the applicant of the prescribed fee,
publish in the Gazette and enter in the appropriate register the
name of the applicant. and issue to him a certificate of
registration in the prescribed form. or

(ii) inform the applicant that his application has been
deferred for a period not exceeding 6 months; or

(iii) refuse the application.

(b)In considering any application for inclusion in the register of lift
contractors or the register of escalator contractors or: the
register of ventilation contractors, the Building Authority shall
have regard to the qualifications and experience of the applicant
or of those persons employed by him who will supervise and
carry out lift works or escalator works or the inspection of ventilating
systems, as the case may be. (Amended, 23 of 1971. s. 3)

(4)(a) Any person whose application for inclusion in such
contractors' register is refused may appeal to a disciplinary
board appointed under section 11 (2).

(b) Any person whose application for inclusion in the register of
life contractors or register of escalator contractors or the register of
ventilation contractors is refused may appeal to a disciplinary
board appointed in accordance with the provisions of section
11(3). (Amended, 23 of 1971, s.3)

(5) The Building Authority shall publish annually in the Gazette a
list of the names of the persons in each such register.

(6) The Building Authority may remove from the relevant register
the name of any registered contractor, registered lift contractor, registered
escalator contractor or registered ventilation contractor who ceases, for
any reason, to engage in building works or street works, lift works or
escalator works or the inspection of
ventilating systems, respectively.(Amended, 23 of 1971, s. 3)





9. (1) Every person for whom building works or street works are to be
carried out shall appoint a registered contractor in respect thereof.

(2) If a registered contractor appointed in respect of building works or
street works becomes unwilling to act or unable, whether by reason of the
termination of his appointment or for any other reason, to act, the person for
whom the building works or street works, as the case may be, are to be or are
being carried out shall appoint another registered contractor in his stead.

(3) A registered contractor so appointed shall-

(a)give continuous supervision to the carrying out of the building works
or street works, as the case may be;

(b)notify the Building Authority of any contravention of the regulations
which would result from the carrying out of the work shown in any
plan approved by the Building Authority in respect of the building
works or street works; and

(c) comply generally with the provisions of this Ordinance.

10. (1) Every person for whom lift works or escalator works are to be
carried out shall appoint a registered lift contractor or registered escalator
contractor, as the case may be., in respect thereof

(2) If a registered lift contractor or registered escalator contractor so
appointed becomes unwilling to act or unable, whether by reason of the
termination of his appointment or for any other reason, to act, the person for
whom the lift works or escalator works are to be or are being carried out shall
appoint another registered lift contractor or registered escalator contractor. as
the case may be. in his stead.

(3) A registered lift contractor or registered escalator contractor so
appointed shall

(a)give continuous supervision to the carrying out of the lift works or
escalator works; and

(b) comply generally with the provisions of this Ordinance.

11. (1) For the purposes of section 8(4) and section 13, the Building
Authority may from time to time. appoint a disciplinary board.

(2) Every board appointed to hear an appeal under section 8(4)(a) or to
hear and determine any proceedings under section 13 against a registered
contractor shall consist of

(a)2 persons who are members of the Registered Contractors'
Disciplinary Board Panel appointed under section 1 IA;

(b)3 persons who are members of the Authorized Persons' and
Registered Structural Engineers' Disciplinary Board Panel appointed
under section 5A of whom





(i) 1 shall be a person referred to in section 5A(2)(a);

(ii) 1 shall be a person referred to in section 5A(2)(b): and

(iii) 1 shall be a person referred to in section 5A(2)(c);

(c) the Building Authority or his representative; and

(d) a legal adviser.

(3) Every board appointed to hear an appeal under section 8(4)(a) or to
hear and determine any proceedings under section 13 against a
registered lift contractor or a registered escalator contractor
or a registered ventilation contractor shall consist of

(a)1 person whose name is included in list 11 and who is a member
of the Authorized Persons' and Registered Structural
Engineers' Disciplinary Board Panel appointed under section
5A;

(h)3 engineers having such qualifications as the Building
Authority may consider sufficient, of '.horn at least 1 shall be
qualified as an electrical engineer and at least 1 as a mechanical
engineer;

(c) the Building Authority or his representative; and

(d) a legal adviser.

(4) The chairman of a disciplinary board appointed under
subsection (1) shall be the Building Authorit~ or his representative on
the board or such other member of the board as the Building Authority
shall appoint.

(5) For the purposes of any inquiry under section 13. a disciplinary
board appointed under this section shall have all such powers as are
vested in the High Court in relation to--

(a)enforcing the attendance of witnesses and examining them
upon oath or otherwise;

(b) compelling the production of documents;

(c) ordering the inspection of premises; and

(d) entering upon and viewing premises.

(6) The members of any disciplinary board appointed under this
section, other than persons who are in full-time employment in any
office of emolument under the Crown, shall be remunerated at such rate
as the Governor may determine from time to time or in any particular
case. (Added, 16 of 1966, s. 4)

(Amended, 52 o '1974, s. 7)

11A. (1) There shall be a Registered Contractors' Disciplinary
Board Panel, which shall be appointed by the Governor.

(2) The Registered Contractors' Disciplinary Board Panel shall
consist of not more than 16 persons who are registered contractors.





(3) The members of the Registered Contractors' Disciplinary
Board Panel shall hold office for 3 years but shall be eligible for
reappointment.
(Added, 52 of 1974, s. 8)

12. (1) Upon an appeal under section 8(4), the disciplinary
board may either-

(a) confirm the decision of the Building Authority; or

(b)direct that the appellant's name be entered in the appro-
priate register.

(2) The decision of the disciplinary board shall be final.

13. (1) Where it appears to the Building Authority that a
registered contractor, a registered lift contractor, a registered
escalator contractor or a registered ventilation contractor has been
convicted by any court of such an offence, or has in the carrying out
of any-

(a) building works or street works; C)v.

(b) life works;

(c) escalator works; or

(d) inspection of a ventilating system,

respectively, been guilty of such negligence or misconduct. as-
(i) renders such contractor unfit to be on the register,
(ii)makes the further inclusion of the contractor in the register
prejudicial to the due administration of this Ordinance, or
(iii) renders the contractor deserving of censure,

the Building Authority may bring the matter to the notice of a
disciplinary board appointed under section 11. (Replaced, 23 of'
1971,s.5)

(2) Where, after due inquiry, the disciplinary board is satisfied
that the contractor has been convicted of such an offence or has been
guilty of such negligence or misconduct, such board may-

(a) order that the name of the contractor be removed from the
contractors' register or the register of life contractors or the
register of escalator contractors or the register of ventila-
tion contractors, as the case may be, either permanently or
for such period as the board thinks fit; or (Amended, 23
of 1971, s. 5)

(b)order that the contractor be fined a sum not exceeding
550,000, which sum shall be recoverable under section 33
as though it were the cost of works carried out by the
Building Authority; or (Amended, 71 qf 1972, s. 2)

(c) order that the contractor be reprimanded; and

(d)order that its findings and order be published in the
Gazeffe.





(3) On an inquiry under this section, a disciplinary board may
make such order as the board thinks fit with regard to the payment
of the costs of the inquiry or with regard to the payment of the costs
of the Building Authority or of the contractor, lift
contractor escalator contractor or ventilation contractor in respect of whom the
inquiry is held. (Added, 16 of1966, s. 5. Amended, 23 of1971,
s.5)

(4)(a) Any registered contractor, registered lift contractor,
registered escalator contractor or registered ventilation
contractor aggrieved by any order made in respect of him
under this section may appeal to a judge of the High
Court and upon any such appeal the judge may confirm,
reverse or vary the order of the disciplinary board:
(Amended, 23 of 1971, s. 5)
Provided that the judge may. notwithstanding that he
is of opinion that the point raised in the appeal might be
decided in favour of the appellant, dismiss the appeal if he
considers that no substantial miscarriage of justice has
actually occurred.

(b)The practice in relation to any such appeal shall be subject
to any rules of court made under the Supreme Court
Ordinance.

(c) The decision of the judge shall be final.
(Part I replaced, 44 oJ'19-59, s. 3)

PART II

CONTROL OF BUILDING

14. (1) Save as otherwise provided, no person shall com-
mence or carry out any building works or street works without
having first obtained from the Building Authority-

(a)his approval in the prescribed form of documents sub-
mitted to him in accordance with the regulations; and

(b)his consent in the prescribed form for the commencement
of the building works or street works shown in the ap-
proved plan.

(2) Subject to section 28B(4), neither the approval of any
plans nor the consent to the commencement of any building works
or street works shall be deemed- (Amended, 41 of 1982, s. 3)
(a) to confer any title to land;

(b) to act as a waiver of any term in any lease or licence, or

(c) to grant any exemption from or to permit any contraven-
tion of any of the provisions of this Ordinance or of any
other enactment.
(Replaced, 44 of 1959, s. 4)





15. (1) Where an application is made in the prescribed form
for the Building Authority to approve plans or to consent to the
commencement of building works or street works, he shall be
deemed to have given his approval or consent, as the case may be,
unless within the period prescribed by the regulations he has notified
his refusal to give his approval or consent, as the case may be, in
writing setting out the grounds for such refusal, and where one of
such grounds is that further particulars and plans are required, he
shall specify such plans and particulars.

(2) The grounds set out for any refusal to approve plans shall
not be treated as being exhaustive, and no such refusal shall be
construed as implying any approval of any part of such plans.
(Added, 44 (?f 1959, s. 4)

16. (1) The Building Authority may refuse to give his ap-
proval of any plans of building works where-

(a)the plans are not such as are prescribed by regulations or
are not such as he may have required under this section,

(b)the plans are not endorsed with or accompanied by a
certificate from the Director of Fire Services certifying
either-
(i) that, having regard to the purpose to which the
building is intended to be put (which purpose shall be
stated in the certificate). no fire service installation or
equipment is necessary in connexion with the building that
will result from the carrying out of the building works
shown on the plans, or
(10 that the plans have been examined and are ap-
proved by him as showing all such fire service installations
and equipment as in his opinion, having regard to the
purpose to which the building is intended to be put (which
purpose shall be stated in the certificate), comprise the
minimum fire service installations and equipment neces-
sary for such building in accordance with a Code of
Practice published from time to time by the Director of
Fire Services; (Added, 3 of1964, s. 2)

(e)he has not received application for their approval in the
prescribed form or any such application does not contain
the particulars required therein.

(d)the carrying out of the building works shown thereon
would contravene the provisions of this Ordinance or of
any other enactment, or would contravene any approved
or draft plan prepared under the Town Planning Ordin-
ance;
edc~-)
(e)he has not received such other documents as are prescribed
by regulations,

(f)such fees as are prescribed by regulations have not been
paid,





(g)the carrying out of the building works shown thereon
would result in a building differing in height, design, type
or intended use from buildings ip the immediate neigh-
bourhood or previously existing on the same site;

(h)the building works consist of, or any part thereof involves,
the construction, formation or laying out of any means of
access or other opening, not being a street or access road,
to or from any street, and the place at or manner in which
such means of access or other opening opens on to the
street is, in his opinion, such as to be dangerous or likely to
be dangerous or prejudicial to the safety or convenience of
traffic using the street, or which may be expected to use the
same;

(i)in his opinion, it is necessary for him to have further
particulars of such plans or of the building works shown
thereon or. where all the plans prescribed by regulations
have not been submitted, to have one or more of the other
plans prescribed by regulations, to enable him fully to
consider such plans;

(J)any further particulars or other plans delivered to him.
upon his refusal, under paragraph (i), to give his approval
to any plans, are not to his satisfaction;

(k)such plans differ materially from those approved upon the
exemption from the provisions of Part 1 of the Landlord
and Tenant (Consolidation) Ordinance of the premises to
which they relate; (Amended, 73 oJ'1970, s. 2 and 29 of'
1983,s.47)

(1)it appears to him that the demolition of a building that
requires to be demolished before the building works shown
on such plans can be carried out-
(i) will cause, or will be likely to cause, a total or partial
collapse of any adjoining or other building. or
(ii) will render, or will be likely to render, any adjoin-
ing or other building so dangerous that it will collapse. or
be likely to collapse, either totally or partially,

and he is not satisfied that the collapse or the likelihood of
the collapse, or such danger or the likelihood of such
danger to the building, can be avoided; (Added, 27 qf
1964,s.2)

(m)in the case of plans showing site formation works. piling
works, excavation works or foundation works, it appears
to him that the carrying out of such works---
(i) will cause, or will be likely to cause, a total or partial
collapse of any adjoining or other building, street or
natural, formed or man-made land, or
(ii) will render, or will be likely to render, an adjoining
or other building, street or natural, formed or man-made





land so dangerous that it will collapse, or be likely to
collapse, either totally or partially,

and he is not satisfied that the collapse or the likelihood
of the collapse, or such danger or the likelihood of such
danger to the building, street or land, can be avoided;
(Added, 27 of 1964, s. 2. Amended, 72 of 1980, s. 4)

(n)it appears to him that the proposed user of the building to
which the plans relate would contravene the provisions of
regulation 49 of the Building (Planning) Regulations;
(Added, 23 of 1969, s. 3)

(o)the plans relate to building works to be carried out upon
land in respect of which a notice has been served under
section 4 of the Crown Lands Resumption Ordinance or
under the proviso for resumption contained in the Crown
lease of the land; (Added, 73 qf 1970, s. 2)

(p)in the case of building works to be carried out on a site
which in his opinion ought to be provided with streets
having adequate connexion to a public streets, he is not
satisfied that such streets are or will be provided;
(Added, 59 of 1973, s. 2)

(q)in the case of building works to be carried out in, the
scheduled area, the building is one which in his opinion
must be capable of resisting landslip debris and he is
not satisfied that the plans provide adequately for that
capability. (Added, 41 of 1982, s. 4)

(2) The Building Authority may refuse to give his approval of
any plans of street works where- -

(a) the plans are not such as are prescribed by regulations;

(b)he has not received application for their approval in the
prescribed form or any such application does not contain
the particulars required therein;

(c.)the carrying out of the street works shown thereon would
contravene the provisions of this Ordinance or of any
other enactment;

(d)in the case of an access road, the place at or manner in
which the access road opens on to a street is, in his opinion,
such as to be dangerous or likely to be dangerous or
prejudicial to the safety or convenience of traffic using the
street or access road, or which may be expected to use the
same;

(c)such fees as are prescribed by regulations have not been
paid;

in the opinion of the Building Authority, it is necessary for
him to have further particulars of such plans to enable him
fully to consider such plans;





(g)any further particulars delivered to him, upon his refusal
under paragraph (f) to give his approval to any plans, are
not to his satisfaction.

(3) The Building Authority may refuse to give his consent to
the commencement of any building works or street works where-

(a)he has not received and given his approval to all the plans
thereof prescribed by regulations;

(b)he has not received such other documents as may be
prescribed by regulations;

paid; or

(d)a period exceeding 2 years has elapsed since the approval
of any of the prescribed plans in respect of the building
works or street works. (Amended, 23 of 1969, s. 3)
(Added, 44 qf1959, s. 4)

(3A) In subsection (3)(d), the reference to plans does not
include such plans as are for the time being approved in connexion
with an order under Part 1 of the Landlord and Tenant (Consolida- (c
tion) Ordinance excluding the premises from the further application
of that Part. (Replaced, 73 of1970, s. 2. Aniended, 29 of1983,
s. 47)

(4) The Building Authority may refuse to give his consent to the
commencement of any building works where it appears to him that
the carrying out of the building works-

(a)will cause, or will be likely to cause, a total or partial
collapse of any adjoining or other building, street or
natural, formed or man-made land, or

(b)will render, or will be likely to render. any adjoining or
other building, street or natural, formed or man-made land
so dangerous that it will collapse, or be likely to collapse.
either totally or partially,

and he is not satisfied that the collapse or the likelihood of the
collapse, or such danger or the likelihood of such danger to the
building, street or land, can be avoided. (Added, 27 of 1964,
s. 2. Amended, 31 of 1964, s. 2 and 72 of1980, s. 4)

(5) Without prejudice to subsection (4), the Building Au-
thority may refuse to give his consent to the commencement of
demolition works until he is satisfied that adequate precautions
have been taken-

(a)to prevent a collapse. whether total or partial, or the
likelihood of such a collapse, of any adjoining or other
building, street or natural, formed or man-made land; or

(b)to prevent any adjoining or other building, street or
natural, formed or man-made land becoming so danger-
ous, or the likelihood of any such building, street or land
24 CAP. 1231 Buildings [1985 Ed.

becoming so dangerous, that it will collapse or be likely to collapse, either totally or partially. (Added, 27 of 1964, s. 2. Amended, 72 of 1980, s. 4)

Conditions may 17. (1) Where an application is made to the Building Au
be imposed in thority in respect of any of the building works or street works set
certain cases. out in Column A, he may take such action by way of imposing
conditions and requirements by orders in writing, and refusing his
approval of plans or his consent to commence the building works or
street works as is set out in Column B opposite the particular item
in Column A.

A B

1. Approval of plans of building 1. For the purpose of making such
works in connexion with an exist- new building comply with the
ing building which would result standard of structural stability and
in a new building. public health established from lime
to time by regulations

(a) require plans to be submitted showing additional building works. and refuse approval of the plans already submitted pending his approval of such plans together with the plans required to be submitted under this section,. and

(h) require to be carried out the building works shown on such approved additional plans or such other building works as he may consider necessary.

2. Approval of plans of building 2. For the purpose of making such
works for the erection of a new access road comply with the regula

building to which access is to he lions
obtained by means of an existing
access road which does not corn- (a) require plans to be submitted
ply with the regulations. showing the necessary street
works: and

(b) require street works to be carried out in accordance with an approved plan.

3. Approval of plans of street 3.Require such carriage-way to be

works where in the opinion of constructed in such manner as he
the Building Authority- may prescribe.

(a) the bearing capacity of the ground forming the foundation of the carriageway is such that the thicknesses of materials to be used in the surfacing thereof, as prescribed by regulations, are inadequate: or

(h) that the volume of traffic which may be expected to use such street is such that a carriage-way constructed in accordance with the regulalions will be inadequate.





A B

4. Approval of plans of building 4. Require such access or opening to
works or street works involving be constructed and sited in such
the construction, formation, lay- manner as in his opinion will
ing out or any alteration of any ensure the safety and convenience
access to or opening to or from of traffic and pedestrians using or
any street. expected to use such street.
5. Consent to commence building 5. For the purpose of making such
works to be carried out on private streets or access roads com-
land- ply with the regulations-
(a) abutting or fronting on a (a) require plans of street works to
new private street; or be submitted and may refuse
(b) to which access is to be his consent to the commence-
obtained by means of a new ment of the building works
access road or an access until he has approved such
road to which alterations plans; and
are to be made. (b) require street works to be
carried out in accordance with
an approved plan.
6. Approval of plans showing, or 6. Require and prescribe conditions
consent to commence. building for-
works involving- (a) maximum loads and stresses;
(a) the structural use of steel, (b) tests of materials;
concrets or timber, (c) the use of materials;
(b) site formation works; or (ca) instrumentation for checking
(c) ground investigation in the design assumptions and mon-
scheduled are (Replaced, itoring the efflect of the works:
41 of 1982, s. 5)
(d)standards of workmanship:
(e)qualified supen.ision;
(f)the sequence of works in res-
pect of works in the scheduled
area; and
(g)a performance review in res-
pect of works in the scheduled
area. Replaced, 41 of 1982.
s. 5)
7. Approval of plans showing, or 7. Prescribe conditions subject to
consent to commence. site which the works may be carried
formation works, piling works, out, being conditions that the
excavation works or foundation Building Authority considers
works. necessaryto prevent a collapse,
whether total or partial. or the like-
lihood of such a collapse. of any
adjoining or other building, street
or land or to prevent any adjoining
or other building, street or land
becoming so dangerous, or the like-
lihood of any such building. street
or land becoming so dangerous,
that it will collapse or be likely to
collapse, either totally or partially.
(Added, 27of' 1964, s. 3.
Amended, 40 qf' 1965, s. 2.. 23 qf
1969, s. 4 and 72 of 1980,.v. 5)
(Added, 44 of'1959, s. 4)

(2) Where the Building Authority approves plans of building
works, or gives his consent to the commencement of building works,
pursuant to the directions of a committee of review given under sub-
section (8) of section 50, he shall impose such conditions as the
committee of review may have required under that subsection.
(Added, 40 of 1965, s. 2)





18. (1) Without prejudice to any other provision of this
Ordinance and subject to subsection (2), where-
(a)for the purpose of satisfying the Building Authority that
such precautions as are referred to in section 16(5) have
been taken; or
(b)for the purpose of complying with a condition prescribed
by the Building Authority under section 17,
the erection of shoring for any building is necessary, the person
whose building works or proposed building works necessitate the
erection of the shoring is hereby authorized to erect, or cause to be
erected, such shoring as may be necessary, and the same may be
affixed-
(i) in or to or around the building for which it is erected, or
otherwise in relation to that building as the circumstances
require; or
(ii) with the permission of the Director of Building Development,
or an officer of the Building Development Depart-
ment authorized in that behalf by the Director of Building
Development either by name or by reference to an office,
granted under subsection (3) and in accordance with such
permission, in or over or upon any street, whether or not
the street is on land held under lease from the Crown.
and maintained for such time as may be necessary and thereafter
removed. (Amended, 46 qf1968, s. 2 and L.N. 76/82)
(2) Nothing in subsection (1) authorizes-
(a)the affixing of shoring in or over or upon any land, not
being a street, unless the land is owned by either the owner
of the building for which the shoring is erected or the
person whose building works or proposed building works
necessitate the erection of the shoring; or
(b)the affixing of shoring in or to or around, or otherwise in
relation to, any building other than the building for which
the shoring is erected.
(3) Whenever it is necessary, for either of the purposes speci-
fied in subsection (1), to erect shoring in or over or upon a street,
whether or not the street is on land held under lease from the Crown,
the Director of Building Development or an officer of the Building
Development Department authorized in that behalf by the Director
of Building Development, either by name or by reference to an
office, may, if he thinks fit. permit the erection of such shoring,
subject to such conditions as he considers necessary. (Amended,
L.N. 76182)

(4) Any damage to a building for which shoring is erected
pursuant to subsection (1) caused by or resulting from the erection,
maintenance or dismantling of the shoring shall be made good as
soon as practicable by the person whose building works or proposed
building works necessitated the erection, maintenance or dis-
mantling of the shoring.(Amended, 46 of 1968, s. 2)





(5)(a) Any occupier of a building for which shoring is erected
pursuant to subsection (1), and any other person whatso-
ever, who suffers any loss or damage by reason of the
erection, maintenance or dismantling of the shoring shall
be entitled to recover compensation from the person whose
building works or proposed building works necessitated
the erection, maintenance or dismantling of the shoring.
(Amended, 46 of 1968, s. 2)

(h) Where any dispute arises as to-
(i) whether compensation is payable under this subsec-
tion,
(ii) the amount of any such compensation. or
(iii) the person to whom it is payable,
the same shall be determined in accordance with the
provisions of section 18A. (Amended, 46 of1968, s. -1)

(6)(a) Any person authorized by the Building Authority in
the prescribed form may enter any building specified in
such authorization for the purpose of ascertaining what
shoring may be required for the building for either of the
purposes specified in subsection (1) or of ascertaining the
manner in which shoring for the building may be affixed or
for the purpose of erecting shoring for the building pur-
suant to subsection (1) or of maintaining such shoring in
good order or of inspecting the sarne.

(b)An authorization granted to any person under paragraph
(a) shall be deemed also to authorize any servant or agent
of that person, and such an agent's servants. to enter the
building for the like purpose.
(Added, 27 of 1964, s. 4)

(e)If a magistrate is satisfied by evidence on oath that the
entry to a building of any person authorized to enter the
same by or under paragraph (a) or (b) has been obstructed,
he may upon application by or on behalf of the person
authorized to enter such building under paragraph (a)
issue a warrant in the form in the Third Schedule
authorizing-
(i) each and every person authorized prior to the issue
of the warrant to enter such building by or under para-
graph (a) or (b); and
(ii) any police officer of or above the rank of inspector
and any other police officer acting under his direction,
to enter such building on such occasion or occasions, and
at such time or times, as may be necessary for the purpose
for which the authorization under paragraph (a) was
granted, and in the execution of such warrant any such
police officer may use such force as may be necessary.
(Added, 40 qf 1965, s. 3)
CAP. 1231 Buildings [1985 Ed.

(d) A copy. in the English language and in the Chinese language. of any warrant issued under paragraph (c) shall be posted in a conspicuous position on the building to which it relates. (Added, 40 qf 1965. s. 3)

18A. (1) Any occupier of a building for which shoring is erected pursuant to section 18(1), and any other person whatsoever, who has suffered loss or damage by reason of the erection. maintenance or dismantling of the shoring may, save where he and the person whose building works or proposed building works necessitated the erection, maintenance or dismantling of the shoring have entered into an agreement in writing for the payment of compensation, apply to the Lands Tribunal to hear and determine a dispute as to the matters referred to in section 18(5)(b).

(2) An application under subsection (1) may be made within 3 years of the date on which the loss or damage was suffered or within such extended time as the Chief Justice may in his discretion allow. (Added, 46 of 1968 s. 3. Amended 76 of 1981, s. 60)

19. (1) Where

(a) any accident or emergency renders it necessary to shore up. underpin, demolish or otherwise make safe any existing building. or any natural. formed or man-made land. or to carry out any street works immediately. and

(b) notice in writing in the prescribed form of such work and of the accident or emergency which necessitated the same is given to the Building Authority by the building owner. or the owner of the land or other person who under the terms of a Crown lease is under an obligation to maintain the land. or by the person for whom the street works are being. or are to be. carried out either before such work is authorized by him or within 48 hours after it has been commenced whichever is the earlier,

such work may be commenced without obtaining the Building Authority's consent.

(2) If the Building Authority considers that the emergency no longer exists he may by order in writing served on the building owner, or the owner of the land or other person referred to in subsection (1). or person for whom the street works are being carried out require that building works cease until consent is obtained.

Amended 44 of 1959, s. 5 and 72 of 1980, s. 6)

20. (1) Where any building works or street works for the commencement and carrying out of which the consent of the Building Authority has been obtained are not commenced within 3 months thereof, or if commenced are suspended for such period, such consent shall be deemed to be revoked.





(2) The Building Authority may, upon application being made
in the prescribed form, renew such consent and by order in writing
impose such conditions as in his opinion are made necessary by such
delay in commencement or by such suspension.
(Replaced, 44 oJ'1959, s. 6)

21. (1) No new building shall be occupied in any way except
by not more than 2 caretakers unless---

(a)in respect of such building the Building Authority has
issued an occupation permit in the prescribed form, or

(b)in respect of the whole or any part of the building which is
being occupied there is a temporary occupation permit, in
the prescribed form, issued by the Building Authority,
which temporary occupation permit has not expired and
has not been revoked by the Building Authoritv.
(Amended, 23 of 1969, s. 5)

(2) On receiving an application in the appropriate prescribed
form, the Building Authority may issue-

(a)an occupation permit in respect of the new building which
is the subject of such application; or

(b)a temporary occupation permit in respect of the whole or
any part of a new building which is completed and which is
the subject of the application. (Amended, 23 of' 1969,
S.5)

(3) On the issue of a temporary occupation permit. the Build-
ing Authority may impose such conditions as he may consider
necessary including a condition limiting the duration of the tempo-
rary occupation permit to such period as he may consider necessary
and may revoke a temporary occupation permit for breach of any
such condition by the service on the building owner of notice of
revocation in such form as may be prescribed.

(4) If an occupation permit is issued in respect of a building,
every temporary occupation permit issued in respect of the whole or
any part of the building shall thereupon be deemed to have been
revoked. (Amended, 23 of 1969, s. 5)

(5) If a temporary occupation permit in respect of the whole or
a part of a building has been revoked or has expired and an
occupation permit has not been issued in respect of the building, the
provisions of subsection (1) shall apply to the building or to such
part of the building, as the case may be, on the expiration of 7 days
from the expiry or revocation of the temporary occupation permit.
(Amended, 23 of 1969, s. 5)

(6) The Building Authority may refuse to issue a temporary,
occupation permit or an occupation permit under this section
where-

(a)any part of the building works has been carried out in
contravention of any of the provisions of this Ordinance;





(b)any street works required under the provisions of this
Ordinance in connexion with any new private street or any
access road, on to which the building abuts or fronts or by
which access is obtained, remain to be completed;

(c)in the case of a building in which a liftway is provided, a lift
has not yet been installed therein, unless the liftway has
been protected to the satisfaction of the Building Au-
thority in such manner as to avoid any danger to persons
using the building;

(d)in the case of a building the plans whereof were certified by
the Director of Fire Services in the terms indicated in
section 16(1)(b)(ii), the applicant for the permit fails to
produce to the Building Authority a certificate from the
Director of Fire Services in such form as may be prescribed
certifying that he is satisfied that the fire service installa-
tions and equipment shown on the plans aforesaid have
been provided and are in efficient working order and
satisfactory condition; (Added, 3 of 1964, s. 3)

(e)in the case of a building to which by regulations a supply of
water is required to be connected for any purpose, the
Building Authority is not satisfied that connexion of a
supply of water for every such purpose, which complies
in every respect with all the requirements of the regula-
tions, has been made to the building; or (Added, 16 of
1966,s.6)

(f) in the case of a building in the scheduled area any perform-
ance review in the opinion of the Building Authority fails
to state or justify that the building works have been
adequately inspected and monitored in the course of
construction or that the geotechnical design assumptions
upon which the building works have been based are
valid. (Added, 41 of1982, s. 6)

(7) Upon the expiration of 14 days from the date of receipt by
the Building Authority of an application in the appropriate pre-
scribed form, for a temporary occupation permit or for an occupa-
tion permit, such permit shall be deemed to have been granted unless
the Building Authority has by notice in writing served on the
building owner refused to issue such permit, specifying the ground
for such refusal.

(8) Where, in respect of a new building, an application under
this section for a temporary occupation permit or for an occupation
permit is submitted within 60 days of receipt by the Building
Authority of a performance review required under section 17 in
respect of building works for that building, the application shall.
for the purpose of subsection (7), be deemed to have been received
60 days after receipt of the performance review. (Added, 41 qf
1982,s.6)
(Replaced, 37 of 1961, s. 2)





22. (1) The Building ~uthority or any public officer author-
ized in writing by him in that behalf may at any time enter and where
necessary, in the presence of a police officer, break into any premises
or enter upon any land-

(a)to ascertain whether any building, structure, street or
natural, formed or man-made land is dangerous or liable
to become dangerous; (Amended, 72 o0980, s. 7)

(b)to inspect or test any groundwater drainage works, drain-
age works or drainage system; (Amended, 44 o0959, s. 8
and 41 of' 1982, s. 7)

(c)to ascertain whether the provisions of this Ordinance or of
any notice order or regulation hereunder are being com-
plied with,

(d)to carry out or cause to be carried out any work which he is
authorized to carry out under this Ordinance. (Amended,
44 qf 1959, s. 8)

(2) For the purposes of subsection (1)- --

(a)access to every part of any building works, street works. lift
works or escalator works shall be provided by the regis-
tered contractor. registered lift contractor. or registered
escalator contractor as the case may be; and (Replaced.
44 qf'1959, s. 8)

(b)the Building Authority or a public officer authorized under
this section may take such steps as he may deem necessary.
including the making of openings and ~he taking of rea-
sonable samples. (Amended, 44 of7959, s. 8)

(3) The Building Authority may by order in writing require an
authorized person to carry out such tests as may be specified in the
order. (Amended, 52 of 1974, s. 9)

23. Where in the opinion of the Building Authority-

(a)any building works, street works. lift works or escalator
works are being carried out in contravention of any of the
provisions of this Ordinance or are connected with any
building works that have been so carried out~ or

(b) any building works that are being carried out---
(i) will cause, or will be likely to cause. a total or partial
collapse of any adjoining or other building. street or
natural, formed or man-made land. or
(ii) will render. or will be likely to render, any adjoining
or other building, street or natural, formed or man-made
land so dangerous that it will collapse, or be likely to
collapse, either totally or partially, (Amended, 72 of
1980,s. 8)





he may by order in writing served on the registered contractor,
registered lift contractor, registered escalator contractor or other
person carrying out such works, as the case may be, require that
such works cease until the order is withdrawn.
(Replaced, 40 of 1965, s. 4)

24. (1) Where any building has been erected, or where any
building works, street works, lift works or escalator works have been
or are being carried out in contravention of any of the provisions of
this Ordinance the Building Authority may by order in writing
require-

(a)the demolition of the building, building works, or street
works;

(b) the removal of the lift or escalator; or

(c)such alteration of the building, building works, street
works, lift works or escalator works as may be necessary to
cause the same to comply with the provisions of this
Ordinance, or otherwise to put an end to the contraven-
tions thereof,

and in every case specify the time within which the demolition,
removal, alteration or work required by such order shall be com-
menced and the time within which the same shall be completed.
(Amended, 16 of'1966, s. 7)

(2) An order made under subsection (1) shall be served-

(a)where the building has been erected or the lift works or
escalator works have been completed on the owner of the
building, lift or escalator as the case may be;

(aa) where the building works, other than a building, have been
completed, upon the owner thereof, (Added, 72 of'1980,
S. 9)

(b)where the street works have been completed, upon the
frontagers, or

(c)where the building works, street works, lift works or
escalator works have not been completed, upon the person
for whom such works are being carried out or his agent.

(3) If an order made under subsection (1) is not complied with,
the Building Authority may demolish, remove or alter or cause to be
demolished, removed or altered such building works, street works,
lift works or escalator works.

(4) The cost of works carried out under subsection (3) may be
recovered from the persons upon whom orders had been served
under subsection (2); and where such an order had been served on
frontagers the Building Authority shall apportion such cost-

(a)in the case of private streets, according to the frontages of
the premises owned by such frontagers; or

(b) in the case of access roads, equally.





(5) For the purposes of this section. the owner of a lift or
escalator shall not include the supplier of such lift or escalator or the
agent of such supplier who has, under a contract for the sale or
installation of such lift or escalator. retained the o'nership of such
lift or escalator pending payment of the cost or balance of the cost
thereof or the giving of any other consideration.
( Replaced, 44 of'1959, s. 10)

24A. (1) Where any building works, street works. lift works
or escalator works have been or are being, carried out in such a
manner as, in the opinion of the Building Authority, 'ill cause. or
will be likely to cause. a risk of injury to any person or damage to
any property. the Building Authority may, by order in writing,
require that such work as he may specify therein be carried out, to
ensure that the works will cease to constitute such a risk.

(2) An order made under subsection (1)

(a) may specify
(i) the manner in which the work specified in the order
shall be carried out;
(ii) the time before which the work shall be commenced
and the time by which it shall be completed;
(iiii) that the work shall be carried out with due dili-
gence to the satisfaction of the Building Authority: and

(b) shall be addressed to and served on-
(i) in the case of completed works. the owner thereof.
and
(ii) in any other case, the person for 'horn the works
are being carried out or his agent.

(3) If a person fails to comply with an order s,-r.,ed on him
under subsection (1), the Building Authority may. without any,
further notice. carry out, or cause to be carri~d out. such work as
may be necessary to ensure that the order will be complied with.

(4) The cost of any work carried out, or caused to be carried
out, by the Building Authority under subsection (3) may be recovered
by the Building Authority from the person upon whom ihe order
was served under subsection (2).
(Added, 71 of 1972, s. 3 1

25. (1) One month's notice in writing in the prescribed form
shall be given to the Building Authority of any intended material
change in the use of a building by the person intending to carry out
or authorizing the carrying out of such change.
(2) Where in the opinion of the Building Authority any
building is not suitable by reason of its construction for its present or
intended use, he may by order in writing ser~,ed on the owner or
occupier
(a)within 1 month of the receipt of a notice under subsection
(1) prohibit such intended use: or





(b)require the owner or occupier to discontinue such present
use of the building within 1 month from the service of the
order:

Provided that the Building Authority may permit by notice in
writing such building works as he deems necessary for the purpose
of rendering the building suitable for its present or intended use.

(3) The use of a building shall be deemed to be materially
changed-

(a)where the carrying out of building works for the erection
of a building intended for such use would have contra-
vened the provisions of this Ordinance; or

(b)where the Building Authority could have refused to give
approval to plans of such building works under section
16(1)(g). (Replaced, 44 qf 1959, s. 11)

26. (1) Where in the opinion of the Building Authority any
building has been rendered dangerous or liable to become dangerous
by fire, wind, rain, dilapidation, use, lack of fire escapes or any other
cause, the Building Authority may by order in writing in the
prescribed form served on the owner declare such building to be
dangerous or liable to become dangerous.

(2) Such order may----

(a)require the demolition of the whole or part of such
building,

(b) require that the building be made safe generally;

(e) specify work that must be done to make such building safe;

(d)require that shoring shall be erected and may specify the
manner and location thereof,

(e) require a fence or hoarding for the protection of the public;

(f) require the closure of such building; and

(g)specify the time within which the demolition, shoring,
erection of fencing or hoarding, closure or other work or
thing required by such order shall be commenced and the
time within which the same shall be completed. (Amend-
ed, 16 (~f'7966, s. 8)

(3) Where the owner of a building which in the opinion of the
Building Authority has been rendered dangerous or liable to become
dangerous by fire, wind, rain, dilapidation, use, lack of fire escapes
or any other cause, cannot be found or fails to comply with the
requirements of an order served under this section, the Building
Authority may carry out or cause to be carried out the work
specified in such order or such other work as he considers to be
necessary and the cost thereof shall be recoverable from the owner.
(Amended, 16 of 1966, s. 8)





(4) In cases of emergency the Building Authority may carry
out or cause to be carried out such work as may appear to him to be
necessary either without notice to the owner, or before or after such
notice, and so far as it is in the opinion of the Building Authority
attributable to such emergency the cost thereof shall be recoverable
from the owner. The decision of the Building Authority that the
particular case is one of emergency shall be final and binding on all
persons.

(5) This section shall apply to any building works as it does to
any building with the following modifications---

(a)any reference in this section to the owner of any building
shall, in the case of building works, mean-
(i) in the case of completed works. the owner thereof,
and
(ii) in any other case, the person for whom the works
are being carried out or his agent;

(h)any order of the Building Authority under this section
may, where the building works are appurtenant to any
building, extend' to that building; and

(c)subsection (2)(J') shall be construed as relating to any
building to which the building works are appurtenant.
(Added, 59 of'1983, s. 2)

27. (1) Upon the application of-

(a) the Building Authority, where he is of the opinion that-
(i) any building is dangerous or liable to become
dangerous; or
(ii) any building should be closed in order to enable any
works, which he is empowered to carry out or cause to be
carried out under this Part, to be carried out without
danger to the occupiers or to the public, or (Replaced, 59
of'1983, s. 3)

(b) the owner-
(i) where a notice has been served upon him by the
Building Authority requiring closure of a building under
section 26; or
(ii) where the Building Authority has supplied a cer-
tificate to him showing that a building should be closed in
order to enable building works to be carried out without
danger to the occupiers or to the public.

the District Court shall on being satisfied that notice has been given
in accordance with the provisions of subsection (2) make a Closure
Order: (Amended, 35 of 1969, Schedule)

Provided that nothing in paragraph (b)(ii) shall entitle an owner
to carry out any building works which would result in a contraven-
tion of Part 1 of the Landlord and Tenant (Consolidation) Ordinance.





(2)(a) Not less than 7 days' notice of intention to apply for a
Closure Order shall be given by the person making such
application by posting a copy of such notice upon a
conspicuous part of the building to be affected. and upon
being so posted such notice shal~be deemed to be notice to
all persons of such intention: (Amended, 40 of 1965, s. 5)
Provided that in the case of an emergency such notice
shall be given as is practicable.

(b)The notice shall reproduce in clear and legible form
subsections (8), (10) and (11) in both the English and
Chinese languages. (Aniended, 23 of'1969, s. 6)
(3) [Deleted, 23 of1969, s. 61

(4) A Closure Order made under this section shall-

(a) specify the building to be closed. and

(b)order the closure thereof under the direction of a police
officer. (Amended, 23 of1969, s. 6)

(5)(a) Save with the permission in writing of the Building
Authority, no person. other than a public officer in the
course of his duty. shall enter or be in a building at any
time while a Closure Order is in force in respect of that
building.

(b)Where he thinks fit. the Building Authority may. subject to
such conditions as he thinks fit. by notice in writing permit
any person to enter and be in a building while a Closure
Order is in force in respect of that building.

(c)Any permission granted under paragraph (b) may be
cancelled by the Building Authority at any time and for
any reason.
(Replaced, 40 of 1965, s. 5)

(6) Where a Closure Order is in force in respect of a building-

(a)any police officer of or above the rank of inspector. with
such assistance as may be necessary, may remove there-
from any person who is in the building in contravention of
subsection (5)(a); and

(b)the Building Authority may seal, or cause to be sealed. all
or any of the entrances to or exits from the building.
(Added, 40 qf1965, s. 5)

(7) The Building Authority may recover from the owner of the
building the cost of any works that he carries out. or causes to be
carried out, under subsection (6)(b). (Added, 40 of1965, s. 5)

(8) A Closure Order shall remain in force in respect of a
building until the Building Authority has served a notice, to be
known as a notice of expiry of a Closure Order, by causing the same
to be posted upon a conspicuous part of the building to which it
relates and. subject to subsection (11 ). by serving a copy thereof
upon the owner.(Replaced, 23 of'1969, s. 6)





(9) Every notice of expiry of a Closure Order shall specify---

(a) the building to which it relates; and

(b) the date upon which the Closure Order expires.
(Replaced, 23 of 1969, s. 6)

(10) Where an owner has received a copy of a notice of expiry
of a Closure Order under subsection (8), such owner shall-

(a)cause copies thereof to be served upon all former occupiers
of the building who have notified him of their addresses;
and

(b)within 14 days of the date of such notice, serve upon the
Building Authority a certificate in such form as the Build-
ing Authority may specify, setting out-
(i) the names and addresses of such former occupiers of
the building as have notified him of their addresses, and
(ii) the date upon which each of such former occupiers
was served with a copy of the notice of expiry of the
Closure Order.
(Replaced, 23 of'1969. s. 6)

(11) Notwithstanding the provisions of subsection (8) as to
service of a copy of a notice of expiry of a Closure Order upon the
owner, where -

(a)the owner cannot be found or ascertained. or is absent
from the Colony, or is under a disability. or

(b)the notice of expiry of the Closure Order is served on the
completion of works by the Building Authority in accord-
ance with his powers in that behalf under section 26,

then the Building Authority shall cause copies of the notice of expiry
of the Closure Order to be-
(i) served upon all former occupiers of the building of whose
addresses he is aware; and
(ii) advertised in at least 1 English language newspaper and
1 Chinese language newspaper published in Hong Kong.
(Added, 23 of 1969, s. 6)

27A. (1) Where in the opinion of the Building Authority any
natural, formed or man-made land, or any earth-retaining structure.
has due to any cause been rendered so dangerous or liable to become
so dangerous that it will collapse. or be likely to collapse, either
totally or partially, and thereby will cause, or will be likely to cause,
a risk of injury to any person or damage to any property. the
Building Authority may by order in writing in the prescribed form
served on the owner of the land or structure. or on the person who
under the terms of a Crown lease is under an obligation to maintain
the land or structure, declare the land or structure to be dangerous
or liable to become dangerous.





(2) Such order may-

(a)require such investigation to be carried out as may be
specified therein,

(b)specify the work that must be done to make the land or
structure safe;

(c) require a fence or hoarding for the protection of the public;
and

(d)specify the time within which the work specified in the
order shall be commenced and the time within which it
shall be completed.

(3) Where the owner or person referred to in subsection (1)
cannot be found or fails to comply with the requirements of an order
served under this section, the Building Authority may carry out or
cause to be carried out the work specified in the order or such other work as he
considers to be necessary and the cost thereof shall be recoverable from
the owner or person.

(4) In cases of emergency the Building Authority may carry
out or cause to be carried out such work as may appert him to be
necessary either without notice to the owner or person referred to in
subsection (1 ), or before or after such notice, and so far as it is in the
opinion of the Building Authority attributable to such emergency
the cost thereof shall be recoverable from the owner or person. The
decision of the Building Authority that the particular case is one of
emergency shall be final and binding on all persons.
(Added, 72 of'1980, s. 10)

28. (1) All drainage works for any building shall, save as
provided by regulations, be carried out by the owner of such
building to the satisfaction of the Building Authority and in com-
pliance with regulations. (Amended, 44 (?1'1959, s. 12)

(2) Where in the opinion of the Building Authority any group
of buildings may be drained more advantageously in combination
than separately he may-

(a)by an order in writing served on the owners of such
buildings require to be carried out the necessary drainage
works under a combined plan approved by him., or

(b)carry out or cause to be carried out such works, and
recover the cost thereof from such owners.

(3) Where in the opinion of the Building Authority the drains
of any building are inadequate or in a defective or insanitary
condition he may-

(a)by an order in writing served on the owner of such building
require him to carry out such drainage works as the
Building Authority may deem necessary within such rea-
sonable time as may be specified in the order; or





carry out or cause to be carried out such works, and
recover the cost thereof from the owner.
(AnTended, 44 of'1959, s. 12)

28A. (1) For the purposes of this section and sections 28B,
28C and 28D---therelevant works- means the groundwater drainage
works considered necessary by the Building Authority under subsec-
tion (2), 'maintain' and 'maintenance- include respectively repair
and repairs, and 'successor', in relation to any person, means a
person who derives title under a disposition for valuable considera-
tion and any other successor in title.

(2) Where, in connexion with any building works in the
scheduled area, the Building Authority considers that groundwater
drainage works, whether or not extending beyond the boundaries of
the site upon which the building works are to be carried out, are
necessary, he may require plans prescribed by regulations to show
the relevant works notwithstanding that the relevant works extend
beyond those boundaries.

(3) Any approval by the Building Authority of plans showing
the relevant works shall include a requirement to maintain the
relevant works to the satisfaction of the Building Authority for any
period specified in the requirement; and section 28B shall apply in
relation to the maintenance of the relevant works as it applies in
relation to the carrying out of the works.
(A dded, 41 ol* 1982, s. 8)

28B. (1) Where the relevant works or any part thereof cannot
be carried out by reason of the objection or want of agreement
of any person whose property would be entered upon. cut through
or interfered with by or for the purpose of the works, the person
in connexion with whose building works any plans for the relevant
works have been approved or, as the case may be, any of his
successors may apply in the prescribed form to the Building Author-
ity for an order under this section authorizing him to carry out the
relevant works.

(2) Notice of the application, of the place where it can be
inspected and of the time, which shall be the period of 30 days
commencing with the date of service of the notice, within which
objections to the relevant works may be made to the Building
Authority shall be served by him in the prescribed form on every
person, not a party to the application, whose property is proposed to
be entered upon, cut through or interfered with:

Provided that, in the case of any such person who is not known,
it shall be sufficient notice to cause a copy of the notice to be
published under subsection (3).

(3) Without prejudice to section 35, the Building Authority
shall cause a copy of the notice required by subsection (2) to be
published once in the Gazette and once in 2 English language and
2 Chinese language daily newspapers.





(4) The Building Authority shall consider every objection to
the relevant works made to him within the lime specified in the
notice and not withdrawn and. by order in the prescribed form. may.
subject to such conditions as he considers necessary, authorize with
or without alteration the carrying out of the relevant works.

(5) Notice of any authorization under subsection (4) or of any,
refusal so to authorize shall be served by the Building Authority in
the prescribed form on every person required to be served wil a
notice under subsection (2).

(6) The person authorized under subsection (4) shall have
authority to carry out the relevant works and for that purpose to
enter upon any land specified in the authorization.

(7) An authorization granted under subsection (4) to any
person shall be deemed also to authorize any servant or agent of that
person. and the agent's servants.
(Added, 41 of1982, s. 8)

28C. ( 1 ) If a magistrate is satisfied by evidence on oath that
the entry upon any land or the carrying out or maintenance of
any groundwater drainage works by any person authorized under
section 2813(4) has been obstructed, he may upon application by or
on behalf of the person so authorized issue a warrant in the form in
the Sixth Schedule authorizin5,

(a)every person so authorized before the issue of the warrant
to enter upon the land on such occasions and at such times
as may be necessary for the purpose for which the authori-
zation under section 2813(4) was granted and to carry out
or maintain any such authorized works, and

(b)any police officer of or above the rank of inspector and any
otl:ier police officer acting under his direction to ente`r
upon the land in company with. and for the purpose of
preventing the obstruction of, any person authorized under
paragraph (a). and in the execution of the warrant any
such police officer may use such force as may be necessary.

(2) A copy, in the English language and in the Chinese
language, of any warrant issued under subsection (1) shall be posted
in a conspicuous position on the land to which it relates.
(Added, 41 of7982, s. 8)

28D. (1) Any damage to any land entered upon under section
2813(6) or 2SC(I) or to any property thereon. whether above or
below ground level, caused by or resulting from the carrying out or
maintenance of the relevant works shall be made good as soon as
practicable by the person authorized under section 2813(4).

(2) Any person who, by reason of the carrying out or main-
tenance of the relevant works, suftrs any loss or damage to any
land or property entered upon, cut through or interfered with shall
be entitled to recover compensation from the person in connexion





with those building works the relevant works are carried out or
maintained or, as the case may be. from any of his successors.

(3) Where any dispute arises as to---

(a) whether compensation is payable under this section:

(b) the amount of any such compensation~ or

(c) the person by or to whom it is payable,

any person who, by reason of the carrying ou t or maintenance of the
relevant works, has suffered any loss or darnage to any, land or
property entered upon. cut through or interfered with may apply, to
the Lands Tribunal to hear and determine the dispute. except where
he and the person in connexion with whose building works the
relevant works are carried out or maintained or. as the case mav be.
any of that person's successors have entered into an agreement in
writing for the payment of an ascertained amount of compensation.

(4) An application under subsection (3) max. be made ,klthin 3
years of the date on which the loss or darnage,,vas suffered or,,kithin
Z~
such extended time as the Lands Tribunal mav in its discretion
allow.

(5) The Lands Tribunal shall have jurisdiction to hear and
determine any application under subsection (3): and in the applica-
tion of the Lands Tribunal Ordinance to any such determination.
section 11(1)ofthat Ordinance shall h~ixectYeet as if forpara:graphs
(a) and (b) thereof there were substituted the words---anyapplication
under section 2SID(3) of the Buildings Ordinance---.
(Added, 41 ol'1982. s. 8)

29. (1) Every private street and access road shall be surfaced.
channelled. sewered and drained to the satisfaction of the Building
Authority and in compliance with regulations and lighted to the
satisfaction of the Building Authority. and shall be maintained in
good order to his satisfaction, by the frontagers.

(2) Where any private street or access road is not so surfaced.
channelled, sewered, drained, lighted or maintained in good order,
the Building Authority-

(a)may by order in writing served on the frontagers require
them to carry out. within such time as may be specified
therein, such work as he considers necessary,' or

(b)where. in the case of a private street, the public interest
would, in his opinion, be better served if such work 'ere
carried out by him or under his direction, may. subject to
the provisions of subsection (3), carry out such work
himself, notwithstanding that the frontagers may be xkill-
ing to carry out such work.

(3)(a) Where, pursuant to the provisions of subsection (2)(b)
the Building Authority intends to carry out any work. he
shall give notice of his intention to the frontagers.





(b)Any such frontager who wishes to object to the carrying
out of such work by the Building Authority shall give
notice of his objection, specifying the grounds thereof,
within a period of 14 days from the giving of the notice
required by paragraph (a).

(e)The Building Authority shall not commence or authorize
the commencement of such work until the expiration of the
said period of 14 days or. where he has received any
objection within such period, until he has considered and
made reply thereto, whichever is the later.

(4) If any order made under subsection (2)(a) is not complied
with, the Building Authority may carry out or cause to be carried
out the work required thereby to be carried out.

(5) Where in the opinion of the Building Authority a private
street or access road has been rendered dangerous or liable to
become dangerous and emergency has thereby arisen, he may carry
out or cause to be carried out such work as may appear to him to
be necessary, either without notice to the frontagers or before or
after such notice. The decision of the Building Authority that the
particular case is one of emergency shall be final and binding on all
persons. (Ackled, 40 (?f* 1965, s.6)

(6) The Building Authority may recover the cost of any work
carried out pursuant to the provisions of subsection (2)(b) or of
subsection (4), or the cost of any work carried out pursuant to the
provisions of subsection (5) so far as it is in his opinion attributable
to the emergency, from the frontagers; and the Building Authority
shall apportion such cost- (Aniended, 40 qf 1965, s. 6)

(a)in the case of private streets. according to the frontages of
the premises owned by such frontagers; or

(b)in the case of an access road, in proportion to the areas of
the lots to which the road provides access. (Replaced, 317
(?1'1961,,y. 4)

(7)(a) Upon the application of the frontager on a private
street or, where there are more than one of the greater part
in value of such frontagers, the Building Authority may,
where he considers that the use of the street by the public is
such as to justify its maintenance at the expense of the
Government, undertake the further maintenance of the
street.

(b)The Building Authority shall not undertake the further
maintenance of any private street until-
(i) the owner or owners of the land on which the street
is constructed have surrendered such land to the Govern-
ment free from all competing rights, titles, interests. trusts.
claims, liens, demands and restrictions of all kinds what-
soever; and
(ii) any order which he may have made under subsec-
tion (2)(a) has been complied with.





(8) The Building Authority may exempt from the application
of this section, either wholly or in part, any private street on which
no buildings front or abut.

(9) The cost of the supply of gas or electricity for the lighting
of any private street. and the cost of maintaining all apparatus
required for such purpose shall be borne by the Government.
(Amended, 37 qf'1961, s. 4)

(10) Where the Building Authority certifies that the lighting of
an access road is in the public interest on the grounds of public
safety, good order and security, the cost of the supply of gas or
electricity for the lighting of the access road and the cost of
maintaining all apparatus required for such purposes shall be borne
by the Government. (Add
(Replaced, 44 of* 1959, s. 13)

30. (1) Save where the Building Authority has given his
consent-

(a) under this section, or

(b)for the commencement of building works or street works
which include such works,

no person shall carry out works for the construction. formation,
laying out, or alteration of any means of access or opening to or
from any street.

(2) The Building Authority may refuse to give his consent for
such works where in his opinion the intended access or opening to or
from any street is such as to-

(a) be dangerous or likely to be dangerous; or

(b)be prejudicial to the safety or convenience of traffic or
pedestrians using or expected to use such street.

(3) In giving his consent the Building Authority may by order
in writing impose such conditions as he considers necessary for
securing the safety and convenience of traffic and pedestrians using
or expected to use the street.

(4) Works for the construction, formation, laying out or
alteration of any means of access or opening to or from any street
shall be deemed to be street works for the purposes of sections 22,
23. 24, 33, 35. 37, and Parts IV, V and VI.
(Added, 44 of1959, s. 13)

PART III

MISCELLANEOUS AND GENERAL

31. (1) Save where exempted by the Building Authority no
building or other structure shall be erected in. over or upon any
portion of any street whether or not on land held under lease from
the Crown.





(2) Where in the opinion of the Building Authority the public
interest so requires he may--

(a)by order in writing served on the owner of the building any
part of which projects, or attached to which is any projec-
tion, over any street or unleased Crown land require the
alteration or removal of such projection within 3 months
from the service of the order or within such lesser period as
the Building Authority may deem necessary in the circum-
stances, or

(b)carry out or cause to be carried out such alteration or
removal and, except in the case of a projection over a street
held on lease from the Crown, recover the cost thereof
from such owner.

(3) Where---

(a)no exemption is granted by the Building Authority under
section 42 for the re-erection over or upon any portion of a
street held on lease from the Crown of a building which
had been so built under the provisions of this or any earlier
enactment. or

(b)the Building Authority exercises his power under subsec-
tion (2) to require the alteration or removal of. or alters or
removes any projection built under the provisions of this
or any earlier enactment over any street or unleased Crown
land.

compensation shall be paid by the Government to the owner of such
building. (Aniended, 23 of'1969, s. 7)

(4) Any dispute as to whether any compensation is payable
or as to the amount of such compensation shall. in default of
agreement. be determined by arbitration in accordance with the
provisions of the Arbitration Ordinance.

32. (1) The Building Authority may affix to or paint or cause
to be affixed to or painted on any building which fronts or abuts on
any street the name of such street.

(2) The Building Authority orcompetent authority may by an
order in writing served on the owning which fronts
or abuts on ariv street require such building to be marked with
the number allocated by, and in such manner as may be prescribed
by the competent authority, for the purpose of distinguishing such
building. For the purposes of this subsection the competent au-
thority shall be- (Amended, 44 of 1959, s. 14)

(a) in the case of the island of Hong Kong, Ap Lei Chau.
Kowloon and New Kowloon. the Commissioner of Rating
and Valuation;

(b) in the case of the New Territories (not including New
Kowloon),the Director of Island. (Ametided, L.N. 94/74,)
L.N. 17 82 and L.N. 76'82)





(3) No person shall obscure or deface any street name or
building number.

33. (1) In any case where under this Ordinance the Building
Authority is authorized to recover the cost of works carried out by
him or caused to be carried out by himAbe may certify under his
hand the cost due and names of the persons liable therefor, and may
by such certificate apportion such cost among such persons.

(2) Such cost may include-

(a)the cost of materials supplied by the Building Authority
for the purpose of carrying out such works.. and

(b) supervision charges.

(3) A copy of the Building Authority's certificate shall be
served upon each person affected thereby.

(4) Interest at the rate of 10 per cent per annion from the expiry
of 1 month from the date of such service shall be recoverable as part
of such cost.

(5) The payment of such cost by any person shall be without
prejudice to his right to recover the same from any person liable to
pay the expenses of the repair of, or of other building works in
connexion with, any building or land. ( A mended, 72 of] 980. s. 11

(6) Without prejudice to any other remedy of the Building
Authority for the recovery of such cost, the same may be recovered
as a debt due to the Crown. (Replaced, 13 of1966, Schedule)

(7) The writ of summons in connexion with such action shall
be taken to have been duly served if it appears. to the satisfaction of
the Court, that the writ was left at the defendant's residence or place
of business, or in case the same is unknown, that it was left at the
building or on the land in respect of which the claim is made.
(Amended, 72 of 1980, s. 11)

(8) A certificate purporting to be under the hand of the
Building Authority, made under the provisions of subsection (1),
and setting forth that the cost claimed is due or payable to the
Building Authority and that the person sued is liable for the
payment thereof, and specifying the nature and particulars of the
claim shall be prima.f~cie evidence of the facts certified therein and
of the signature of the Building Authority thereto.

(9) At any time before such costs and any interest accrued
thereon has been wholly recovered, a memorial of the certificate
referred to in subsection (1) may be registered in the Land Office
against the title of any premises or land in respect of which such cost
arose, and upon such registration the cost and any interest accrued
or thereafter accruing shall-

(a)be recoverable by action in Court in accordance with the
provisions of this section from any person who from such





Land Office register then or thereafter appears to be the
owner of such premises or land:

Provided that-
(1) the amount recovered by virtue of this subsection
shall not exceed the value of that person's interest in the
premises or land charged; and
(ii) where the amount so recovered is equal to the value
of the premises or land the charge created under paragraph
(b) shall become void; and

(h)constitute a first charge on the said premises or land which
shall give the Building Authority the same powers and
remedies in respect thereof as if he were a mortgagee under
a mortgage by deed in common form having power of sale
and lease and of appointing a receiver: (Amended, 37 of
1961,s.5)

Provided that the charge shall be void and no liability shall
accrue under this subsection against a hona fide purchaser or
mortgagee of the premises or land for valuable consideration who,
subsequent to the completion of the works specified in the certificate
and before the registration of the memorial thereof, has acquired
and registered an interest in the premises or land to be charged.
(Replaced, 44 of1959, s. 15. Amended, 72 of'1980, s. 11)

(10) Upon the recovery of any sum under this section the
Building Authority shall lodge in the Land Office an appropriate
memorial of satisfaction against any memorial lodged there by him
under subsection (9).
(Amended, 13 qf 1966, Schedule)

34. Where the Building Authority has/arried out or caused to
be carried out works under section 24, 24A, 26 or 27A he may
dispose of any materials resulting from such work.
(Added, 23 of1969, s. 8. .4mended, 72 of1980, s. 12)

CS 35. Any notice. order or certificate required to be served under
this Ordinance may be served by serving a copy-

(a) personally; or

(b)by registered post addressed to the last known place of
business or residence of the person to be served, or

(c)by leaving the same with an adult occupier of the premises
or land to which the notice or order relates or by posting
the same upon a conspicuous part of such premises or
land: (Amended, 72 of1980, s. 13)

Provided that in addition to or in substitution for any such
method of service the publication in the Ga:ette of any such notice
or order together with the available particulars of the person to
whom it is addressed shall be deemed to be good service.





36. (1) A copy, certified by the Building Authority or any
public officer authorized by him in writing in that behalf as a true
copy, of any document made, issued or given under or for the
purposes of this Ordinance or the Buildings Ordinance 1935, shall be
admissible in evidence in any legal proceeding in every case in which
the original could have been received in evidence.

(2) Any such copy which purports to be certified by the
Building Authority or any such public officer shall be deemed to
have been so certified until the contrary is proved.

(3) The Building Authority or any public officer authorized by
him may, upon payment of the prescribed fee, certify and issue any
such copy to any person requiring the same.

(4) Nothing in this section shall be deemed to affect any claim
of the Crown to withhold any document on the ground that its
production would be contrary to the public interest.
(A dded, 44 of* 19-59, s. 17)

37. (1) No liability shall rest upon Government or upon any
public officer by reason of the fact that any building works are
carried out in accordance with the provisions of this Ordinance or
that such building works or the plans thereof or materials therefor
are subject to inspection or approval by a public officer, nor shall
anything in this Ordinance make it obligatory for the Building
Authority to inspect any building, building works or materials or the
site of any proposed building to ascertain that the provisions of this
Ordinance are complied with or that plans, certificates and notices
submitted to him are accurate.

(2) No matter or thing done by the Building Authority or by
any public officer acting under his direction shall if it were done bona
fide for the purpose of executing this Ordinance subject him or such
public officer personally to any action, liability, claim or demand
whatsoever.

(3) Nothing in this Ordinance contained shall exempt any
person from any proceeding by way of mandamus, injunction,
prohibition or other order unless it is expressly so enacted.
(Amended, 31 of'1966, s. 102)

38. (1) The Governor in Council may by regulation provide
for-

(a) registration and control of-
(i) authorized persons;
(ii) registered structural engineers,
(iii) registered contractors,
(iv) registered lift contractors;
(v) registered escalator contractors;
(vi) registered ventilation contractors; (Replaced, 52
of 1974, s. 10)





(b)the manner of making application for and granting of
approval of plans of building works or street works, and
the giving of consent to commence or carry on such works,
including cases where it is desired-
(1) to add to or alter building works or street works the
commencement of which has already been consented to, or
(ii) to commence certain parts of building works or
street works before other parts;
(ba) the planning, design and construction of site formation
works; (Added, 72 t~f 1980, s. 14)

(bb) the planning, design and carrying out of ground investiga-
tion in the scheduled area; (A dded, 41 of 1982, s. 9)

(c.) planning and design of buildings including-
(1) streets;
(ii) projections;
(Iii) heights, site coverage, plot ratio and open spaces
including service lanes; (Amended, 23 of 1969, s. 9)
(iv) lighting and ventilation;
(v) sanitation;
(vi) staircases and fire-escapes.
(vii) domestic buildings.
(viii) buildings for special uses including industrial
buildings, places of public entertainment and schools.,
(ix) any seawall, breakwater. jetty. mole. quay, wharf
or pier;
(x) exceptional structures;
(xi) timber yards and hoardings.. and (Amended, 23 qf'
1969,s. 9)
(xii) fire fighting equipment: (Added. 37 qf1961, s. 6)

(cl) the construction of buildings including-
(i) materials;
(ii) loads and stresses;
(iii) foundations, floors and sites;
(iv) walls and piers;
(v) roofs, flues and chimneys;
(vi) structural steel work, reinforced concrete, and
timber;
(vii) fire-resisting construction;
(viii) retaining walls,
(ix) plumbing and drainage,
(x) wells,
(xi) lifts and escalators; and
(xii) refuse chutes and refuse storage chambers;
(Amended, 32 qf1984, s. 2)





(e)the supply of water to buildings for all purposes. including
the connexion thereof to buildings and the arrangement.
size, construction and type of piping therefor and the
power of the Building Authority to require that the supply
of water be obtained from a particular source or to
prohibit or restrict the supply of water from any particular
sources; (Added, 16 o0966, s. 9)

lifts and escalators, including the carrying out of other
works in connexion with lift works;

(g)the construction, inspection. testing and safe working of
ventilating systems; (Added, 27 qf'1964, s. 5)

(h) the testing of drainage works and matters ancillary thereto;

(i)the demolition of buildings and the safety precautions to
be taken in respect thereof. ~.4dtieti, 37 of'1961, s. 6)

(ia)the design, construction, licensing. inspection, testing and
maintenance of oil storage installations and matters con-
nected therewith, including the imposition of restrictions
and conditions relating to the use of such installations for
the storage of oil and petroleum products.. prohibiting the
use of any oil storage installation. requiring any oil and
petroleum products to be removed from any oil storage
installation, the seizure. removal and detention of any oil
and petroleum products not removed from any oil storage
installation as required. the power of entry', inspection and
examination, and for the establishment of a Standing
Advisory Committee to advise the Building Authority on
such matters relating to oil storage installations as may be
specified in the regulations., (Added, 16 ol' 1978. s. 3.
Amended, 5 of'1983, s. 3)

the granting of permits for and control of buildings re-
quired for a limited time or constructed of short-lived
materials;

(k)plans, notices and certificates to be delivered to the Build-
ing Authority,

(1) fees;

(m) forms;

(n)the better carrying into effect of the provisions of this
Ordinance. (Replaced, 44 of 1959, s. 18i
(2) Such regulations may provide for the carrying out by the
Building Authority of all building works required to be carrie~ out
therein, and for the recovery of the costs thereof from the person
required to carry out such building works.

(3)(a) Such regulations may provide that where the Building
Authority issues permits thereunder he may-
(i) endorse conditions on such permits;
(ii) cancel such permits for breaches thereof, and





(iii) require the permittee to deposit a sum not exceed-
ing $500 as security for the due compliance with such
conditions.

(b)Upon the breach of any such condition, any deposit
required by this subsection shall upon application to a
magistrate be declared by him to be forfeited to the Crown.
(4) Regulations under this section may provide that a contra-
vention of any specified provision thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of 5100,000 and
imprisonment for 2 years. (Replaced, 24 of 1979, s. 2)
(5) Such regulations shall be published once in the Gazette at
least 3 weeks before coming into operation:

Provided that where the Governor in Council deems it expedi-
ent such publication may be dispensed with.
(Amended, 44 of 1959, s. 18)

39. (1) Any regulations made under this Ordinance may
provide that where plans of building works, street works, lift works
or escalator works are submitted to the Building Authority within
such period from the coming into operation of the regulations as
may be prescribed therein, he may approve any such plans which
comply with the provisions of the law before the coming into
operation of such regulations and may give consent to the com-
mencement of the works shown therein; and the provisions of
subsection (2) shall apply to such works and to any building which
may be erected, any street or access road which may be formed,
constructed or laid out or any lift or escalator installed in conse-
quence thereof.
(2) Where at the date of the coming into operation of any
regulations made under this Ordinance any building works, street
works, lift works or escalator works are being carried out or consent
to their commencement has been given the provisions of the law
prior to the coming into operation of such regulations shall apply to
such works:

Provided that in the exercise of his powers under section 20 the
Building Authority may require compliance with such regulations
coming into operation since the giving of his consent to the com-
mencement of the works in respect of which he is exercising such
powers.
(Added, 44 of 1959, s. 19)

PART IV

OFFENCES

40. (1) Any person who contravenes section 14(1) or 21(1)
shall be guilty of an offence and shall be liable on conviction-

(a)to a fine of 5100,000 and to imprisonment for 2 years;
and





(h) to a fine of $5.000 foreach day during which it is proved to
the satisfaction of the court that the offence has continued.
(Replaced, 24 qf 1979, s. 3) (i,-f )

(1A) Any person who contravenes section 22(2)(a),or 27(5)(a)
shall be guilty of an offence and shall be liable on conviction to a fine
of $5,000 and to imprisonment for 6 months. (Added, 24 of 1979,
s.3)

(1B) Any person who-

(a) contravenes section 30(1) or 31(1), or

(b)without reasonable excuse, falls to comply with an order
served on him under section 19(2), 20(2), 22(3). 23, 24(1),
25(2), 26(1), 27A(I), 28(2)(a) or (3)(a), 29(2)(a), 30(3) or
31(2)(a),
shall be guilty of an offence and shall be liable on conviction-
(1) to a fine of 550,000 and to imprisonment for 1 year: and
(ii)in the case of an offence consisting of a failure to comply
with an order served on him under section 23, 24(1). 25(2),
26(1) or 27A(I) to a further fine of 55,000 for each day
during which it is proved to the satisfaction of the court
that the failure to comply with the order has continued.
(Added, 24 of 1979, s. 3. Amended, 72 of1980, s. 15)

(1C) Any person who---

(a)without reasonable excuse, fails to comply with an order
served on him under ec ' on 32(2); or
(b) contravenes section 32(3),

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and to imprisonment for 6 months. (Added, 24 of1979,
s.3)

(ID) Anyownerwho-

(a)fails to serve upon all former occupiers who have notified
him of their addresses, the copies required to be served
under section 27(10)(a); or

(b)fails to serve upon the Building Authority the certificate
required to be served under section 27(10)(h),

shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000 and to imprisonment for 6 months. (Added,45 q/ 1985,
s. 2)

(2) Any person who-

(a)fails to give any notice required to be given under sec-
tion 25(1);
(b)contravenes any condition of a permit granted by the
Building Authority under section 42; or

(c)obstructs the Building Authority, any officer authorized by
him, any other public officer, a committee of review





appointed under section 50 or any member of such com-
mittee of review. in the exercise of his or its powers under
this Ordinance,

shall be guilty of an offence and shall. without prejudice to any other
penalty, be liable on conviction to a fine of SI 0,000 and to imprison-
ment for 6 months. (Replaced, 24 qf'1979, s. 3)

(2A) Any person for whom any building works, street works,
lift works or escalator works are being carried out and any author-
ized person, registered structural engineer, registered contractor,
registered lift contractor or registered escalator contractor directly
concerned with any such works who-

(a)permits or authorizes to be incorporated in or used in the
carrying out of any such works any materials which-
0) are defective or do not comply with the provisions of
this Ordinance;
(ii) have not been mixed, prepared, applied. used,
erected. constructed. placed or fixed in the manner required
for such materials under this Ordinance;

(b)diverges or deviates in any material way from any work
shown in a plan approved by the Building Authority under
this Ordinance. or

(c)knoxkingl~,' misrepresents a material fact in any plan, cer-
tificate, form or notice given to the Building Authority
under this Ordinance. (Replaced, 24 of'1979, s. 3)

shall be guilty of an ofTence and shall be liable on conviction to a fine
of S250,000 and to imprisonment for 3 years. (Amended, 24 of
1979, N. 3)

(2AA) Any authorized person or registered structural engineer
who contravenes section 4(3)(b). or any registered contractor who
contravenes section 9(3)(b), shall be guilty of an offence and shall be
liable on conviction to a fine of S250.000 and to imprisonment for 3
years:

Provided that it shall be a defence in any prosecution for a
contravention of any section referred to in this subsection for the
person charged to prove to the satisfaction of the court that he did
not know, nor could reasonably have discovered. the contravention
referred to in the charge. (Added, 24 of'1979, s. 3)

(2AB) Any person (whether or not an authorized person, a
registered structural engineer or a registered contractor) directly
concerned with any building works or street works set out in items
1. 2, 3. 4, 5 and 6 of Column A in the table to section 17(1) who
contravenes any condition imposed. or fails to comply with any
requirement of an order in writing, under that section in respect
of such building works or street works, or the plans thereof, shall
be guilty of an offence and shall be liable on conviction to a fine
of S50.000 and to imprisonment for 1 year. (Added, 72 of 1980,
s. 15)





(2AC) Any person (whether or not an authorized person, a
registered structural engineer or a registered contractor) directly
concerned with any site formation works, piling works. excavation
works or foundation works who contravenes any condition imposed
under item 7 in the table to section 17(1 ) in respect of such works, or
the plans thereof, shall be guilty of an offence and shall be liable on
conviction to a fine of $250,000 and to imprisonment for 3 years.
(Added. 72 qf 1980, s. 15)
(213) Any person (whether or not an authorized person. a
registered structural engineer or a registered contractor) directly
concerned with any site formation works, piling works, foundation
works or other form of building works who-
(a)carries out or has carried out such works. or authorizes or
permits or has authorized or permitted such works to be
carried out, in such manner that it causes injury to any
person or damage to any property; or
(b)carries out or has carried out such works. or authorizes or
permits or has authorized or permitted such works to be
carried out. in such manner as is likely to cause a risk of
injury to any person or damage to any property,
shall be guilty of an otTence and shall be liable on conviction to a fine
of $250,000 and to imprisonment for 3 years. (Replaced, 24 ol'
1979,s.3)
(2Q Any person who, without reasonable excuse. fails to
comply with an order served on him under section 24A, shall be
guilty of an offence and shall be liable on conviction-

(a)to a fine of 5250,000 and to imprisonment for 3 years;
and

(b)to a fine of $50,000 for each day during which it is proved
to the satisfaction of the court that the failure to comply
with the order has continued. (Added, 71 of' 1972, s. 5.
Amended, 24 qf 1979, s. 3)
(3) Any person who unlawfully and maliciously removes, pulls
down, demolishes or damages, or in any way whatsoever interferes
with, any shoring erected for a building pursuant to section 18(1) or
any groundwater drainage works carried out pursuant to section
28A shall be guilty of an offence and shall be liable to a fine of
$50,000 and to imprisonment for 1 year. (Added,'27 of 1964, s. 6.
Amended, 24 qf 1979, s. 3 and 41 qf 1982, s. 10)
(M) Any person who without reasonable excuse fails to
comply with a requirement imposed under section 28A to maintain
groundwater drainage works shall be guilty of an offence and shall
be liable to a fine of $50,000 and imprisonment for 1 year and to a
further fine of $5,000 for each day during which it is proved to the
satisfaction of the court that the failure to comply with the require-
ment has continued. (Added, 41 qf'1982, s. 10)
(4) Any person who, after a copy of a warrant issued under
section 18(6)(c) has been posted in accordance with section 18(6)(d),





obstructs the entry to the building specified in such warrant of any
police officer or other person authorized by such warrant to enter the
same shall be guilty of an offence and shall be liable to a fine of
550,000 and to imprisonment for 1 Year. (Added, 40 Qf 1965, s. 7.
Amended, 24 of 1979,s. 3)
(4A) Any person who, after a copy of warrant issued under
section 28C has been posted under subsection (2) of that section,
obstructs the entry upon the land specified in the warrant by any
police officer or other person authorized by the warrant to enter
upon the land or obstructs the carrying out or maintenance of any
groundwater drainage works by any person authorized by the
warrant to carry out or maintain the works shall be guilty of an
offence and shall be liable to a fine of $50,000 and to imprisonment
for 1 year. (Added, 41 of1982, s. 10)
(5) Any person. being a person directly concerned in or with
any building works, street works, lift works or escalator works, who
permits the commission of any offence specified in this section shall
be deemed to be guilty of such offence and shall be liable to the
penalty prescribed therefor. (Replaced, 44 qf 1959, s. 20)
(6) Where an offence under this Ordinance has been com-
mitted by a body corporate, a partnership or association of
persons unincorporated. any person who at the time of the com-
mission of the offence was a director. manager. partner, secretary
or other similar officer thereof. or was purporting to act in an~
such capacity, shall also be deemed guilty of such offence unless
he proves that the offence was committed without his consent or
connivance, and that he exercised all such diligence to prevent the
commission of the offence as he ought to have exercised having
regard to the nature of his functions in that capacity and to all the
circumstances.

(7) Where anything is required to be done by the owner of a
building. and by virtue of section 2 there is more than one owner of
such building. it shall be a defence to any charge of failing to do that
thing---
(a)that such thing was done by another owner of the building;
or
(b)that any notice or order in respect of such thing required
under this Ordinance to be served on the owner was served
on another owner of the building and not on the person
charged.

(7A) Where anything is required to be done by an owner of
land or by a person referred to in section 27A(I), it shall be a defence
to any charge of failing to do that thing that any notice or order in
respect of such thing required under this Ordinance to be served on
the owner or on such person was served on another owner of the
land or on another such person and not on the person charged.
(Added, 72 of'1980, s. 15)
(8) Any prosecution under the provisions of this Ordinance
may be commenced within 6 months of the commission of the





offence or within 6 months of the same being discovered by or
coming to the notice of the Building Authority. (Added, 44
1959,s.20)

PART V

EXEMPTIONS

41. (1) The following shall be exempt from the provisions of
this Ordinance-

(a) buildings belonging to the Crown or to the Government.

(aa) subject to section 18(2) and (3) of the Housing Ordinance.
buildings upon any land vested in the Housing Authority
or over which the Housing Authority has control and
management, (Added, 23 of'1973, s. 36. Amended, 33 of
1978,s. 13)

(b)buildings upon any land vested in any person on behalf of
Her Majesty's naval, military or air force services:

(ba) any land vested in the Housing Authority or in any person
on behalf of Her Majesty's naval. military or air force
services, and any unleased land within the meaning of the
Crown Land Ordinance other than such unleased land in
respect of which a person is, under the terms of a Crown
lease, under an obligation to maintain; (Added, 72 of'
1980,s. 16)

(c)any street or access road vested in and maintained by the
Crown or the Government: (Added, 44 of 1959,s. 21)

Provided that the provisions of this Ordinance relating to
projections over or upon any portion of any street whether or not on
land held under lease from the Crown and to hoardings shall apply
to all buildings. (Amended, 23 qf'1969, s. 10)

(2) Save as otherwise provided, no alteration shall be required
to any existing building, private street, access road or lift erected or
constructed in accordance with the laws of the Colony or to any
existing escalator. (Replaced, 44 qf 1959, s. 21)

(3) Building works other than drainage works, ground investi-
gation in the scheduled area3or site formation works not involving
the structure of any building may be carried out in any building
without application to or approval from the Building Authority:
(Amended, 44 qf 1959, s. 21 and 41 qf* 1982, s. 11)

Provided that nothing in this subsection shall permit any
building works to be carried out in contravention of any regulation.

(4) The provisions of this Ordinance shall not apply to any
temporary building to be kept or used as a place of public entertain-
ment. (Added, 7 of 1970, s. 7)





42. (1) Wherein the opinion of the Building Authority special
circumstances render it desirable he may, on receipt of an applica-
tion therefor and upon payment of the prescribed fee, permit by
notice in writing in the prescribed form modifications of the provi-
sions of this Ordinance. (Amended, 44 of 1959, s. 22)

(2) Every application for an exemption under this section shall
be in the prescribed form, and shall be considered on its own merits
by the Building Authority who shall not be required to take account
of exemptions granted in the past. (Amended, 44 qf 1959, s. 22)

(3) A permit granted under this section may contain such
conditions as the Building Authority shall deem necessary.

(4) No such permit shall be granted to the prejudice of the
standard of structural stability and public health established from
time to time by regulations.

(5) This section shall not apply to section 14. (Replaced, 44
(of'1959, s. 22)

(6) The breach of or failure to perform or to consent to any
condition attached to a modification or exemption granted under
this section shall render such modification or exemption invalid, and
thereupon the purported grant of such modification or exemption
shall be no defence to any proceedings for non-compliance with the
provisions of this Ordinance.

PART VI

APPEALS

43. (1) The Governor may appoint from time to time an
appeal tribunal (hereinafter referred to as the tribunal) for the
purpose of determining appeals by persons prejudiced by a decision
of the Building Authority in the exercise of his discretion in respect
of any act, matter or thing which is by this Ordinance made subject
to the exercise of such discretion (hereinafter referred to as an
appeal).

(2) The tribunal shall consist of not less than 3 members
appointed by the Governor. of whom one shall be nominated by the
Building Authority, one shall be an authorized person and one shall
be appointed to represent property owners. (Amended, 44 qf 1959,
s. 23, and 52 of l974, s. 12)

(3) Members of the tribunal shall be remunerated at a rate
according to the amount of work, time occupied and magnitude of
the interests involved, and such remuneration shall be determined in
each case by the Governor;

Provided that nothing in this subsection shall authorize the
payment of remuneration to any person employed full time in any
office of emolument under the Crown.





44. (1) Subject to section 47, any person prejudiced in the
manner set out in section 43(1) mav institute an appeal and such
appeal shall be determined by the tribunal by a majority vote
in the manner provided in the First Schedule; (Amended 44 of 1959, s. 24
and 40 of 1965, s. 8)

Provided that no appeal shall lie where the same Aould in~ol~c
interference with building works already commenced at the time of
lodging such appeal.

(2) For the purposes of such determination the tribunal shall
have all such powers as are vested in the High Court in respect
of

(a) enforcing the attendance of witnesses and examining them
upon oath or otherwise;

(b) compelling the production of documents.

(c) ordering an inspection of prernises; and

(d) entering upon and viewing premises.

45. Where the Building Authority is given notice of appeal in
the manner prescribed in the First Schedile lie shall not carry out
nor permit the carrying out of the decision to xxhich such appeal
relates until such appeil has been determined:

Provided that this section shall riot apply where after receipt of
the notice of appeal the Building Authority by a counter-notice in
writing served on the person appealing certifies that an emergency,
requires the doing of the acts or other things specified in the
counter-notice.

46. (1) The determination of the tribunal shall be final and
not liable to be set aside for irregularity or error in matter of form.
except where the Building Authority certifies in writing that in his
opinion such determination involves a matter of Government policy
and gives notice to the Chief Secretary and the parties concerne~
within 14 days of such determination.

(2) Where a notice has been received by, the Chief Secretary
under subsection (1) the Governor in Council may, review the
determination to which such notice relates and for that purpose may
call for the record of proceedings before the tribunal and for the
written representations of such parties as he may require.

(3) Upon the review of such determination the Governor in
Council may confirm or set aside the same. and may give such
direction to the Building Authority as he may see fit. The decision
of the Governor in Council shall be final.

(4) Where a notice has been given under subsection (1). no
building works may be carried out in respect of the building which is
the subject matter of the determination of the tribunal. until the
Governor in Council has-





(a) reviewed such determination; or

(b) decided not to review such determination.
1 A dded, 23 of 196 9, s. 11

47. A person shall not be entitled to appeal to the tribunal
from a decision of the Building Authority-

(a)if there has been an appeal from the decision to the panel
under section 50; or

(b)if the decision was made in compliance with directions of a
committee of review given under section 50(8).
(Added, 40 ol'1965, s. 9)

48. Nothing in this Part shall authorize the award or payment
of compensation to any person.

PART VII

REVIEW OF: CERTAP, DECISIONS ov BuiLD1-,(; At THORITY

49. (1) The Governor may appoint such authorized persons
as he thinks fit to be members of a panel (hereinafter referred to as
the panel) from which committees of revie~k may be appointed as
necessar\ for the purposes of section 50.

(2) A member of the panel may resign at any time by giving 1
month's notice in writing to the Building Authority of his intention
to resign. and the Governor may at any time an~ for any. reason
whatsoever terminate the appointment of any. authorized person to
be a member of the panel.
1,4dded, 40 ol 196~, s. 10. Aniended. 52 of 1974, s. 13

50. (1) Subject to section 51. any, person prejudiced by. the
refusal of the Building Authority. in exercise of the powers conferred
by section 16(])(/) or (m) or section 16(4) or (5). to approve plans of
building works or to consent to the commencement of building
works, or prejudiced by conditions prescribed by the Building
Authority in exercise of the power conferred by item 7 in the table to
section 17, may appeal to the panel. by notice in writing to the
Building Authority stating the substance of the matter to which the
appeal relates. within 14 days of the decision of the Building
Authority.

(2) Whenever an appeal is duly made under subsection (1). the
Chief Secretary shall, at the request of the Building Authority.
appoint a committee of review consisting of 3 members of the panel
(hereinafter referred to as a committee of review) to consider and
determine the appeal. and may appoint one of the members of the
committee of revic~k to be the chairman thereof.

(3) The Building Authority shall serve upon the owner of
every building and the owner of any land that he considers may be





affected by the determination of a committee of revieA upon an
appeal a notice informing him that the appeal has been made and
calling upon him to notify the Building Authority. within 3 days. if
he wishes to make representations to the committee of review.
(Amended, 72 qf'1980, s. 17)

(4) Subject to the provisions of this section, the procedure of a
committee of review upon an appeal shall be such as the committee
of review may determine, and neither the appellant nor the Building
Authority nor any other person shall be represented in any proceed-
ings of or before a committee of review by counsel or a solicitor.

(5) A committee of review shall afford to the appellant and the
Building Authority and any other person who has duly notified the
Building Authority that he wishes to make representations to the
committee of review (each of whom is hereinafter referred to in this
subsection as a party) an opportunity of making representations and
of calling witnesses, and any party may Put to a 'Itness called b,,
any other party such questions as the committee of re~.~ickk thinks fit,
but no party shall be entitled to put questions to any witness
examined by the committee of review. or any member of the
committee of review, but not called by a party.

(6) Any question coming before a committee of review shall he
determined by the vote of the majority of the members of the
committee.

(7) For the purpose of exercising its functions under this
section, a committee of review, and any member of a committee of
review, may enter and inspect any premises or land that the
committee of review considers necessary and may make such open-
ings or take such reasonable samples as the committee of review or
such member considers necessary, and any public officer acting on
the directions of a committee of review, or a member of a committee
of review, may remove anything in or about such premises or land
that may obstruct the inspection by the committee of review or such
member of the premises or land or any part thereof and may make
such openings or take such reasonable samples as the committee of
review or such member considers necessary. and for any of those
purposes may enter such premises or land or any part thereof.
(Amended, 72 qf* 1980, s. 17)

(8) A committee of review may confirm the decision of the
Building Authority from which an appeal is made or in any of the
cases specified in subsection (10) may-

(a)give such directions to the Building Authority as to the
exercise of his powers under this Ordinance as may be
necessary to give effect to its determination~ and

(b)require the imposition by the Building Authority under
section 17(2) of such conditions as it considers necessary.

(9) Subject to subsection (12)(d), it shall be the duty of the
Building Authority to comply with directions given to him by a
committee of review under subsection (8)(ci) so far as the powers





conferred on him by this Ordinance enable him to do so, notwith-
standing that he may not agree with the determination of the
committee of review.

(10) A committee of review may exercise the powers conferred
by subsection (8)(a) and (b) in any of the following cases, that is to
say---

(a)if, in the case of an appeal from a decision of the Building
Authority in exercise of the power conferred by section
16(1)(1) or (m) or section 16(4), the committee of review is
satisfied that the demolition of the building or the carrying
out of the site formation works, piling works, excavation
works or foundation works or the carrying out of the
building works, as the case may be-
(i) will not cause, and will not be likely to cause, a total
or partial collapse of any adjoining or other building. street
or natural, formed or man-made land; and
(ii) will not render, and will not be likely to render, any
adjoining or other building, street or natural, formed or
man-made land so dangerous that it will collapse or be
likely to collapse, either totally or partially; or

(b)if. in the case of any such appeal as aforesaid, the commit-
tee of review is satisfied that -
(i) the collapse, whether total or partial. of any adjoin-
ing or other building. street or natural, formed or man-
made land and the likelihood of such a collapse. and
(ii) any danger that any adjoining or other building,
street or natural, formed or man-made land will be
rendered, or will be likely to be rendered, so dangerous
that it will collapse or be likely to collapse. either totally or
partially,

will be avoided; or

(c.)if, in the case of an appeal from a decision of the Building
Authority in exercise of the power conferred by section
16(5) or item 7 in the table to section 17, the committee of
review is satisfied, as the case may be, that adequate
precautions have been or will be taken, or that the condi-
tions prescribed by the Building Authority exceed what is
necessary---
(i) to prevent a collapse, whether total or partial, of any
adjoining or other building, street or natural, formed or
man-made land and the likelihood of such a collapse., and
(ii) to prevent any adjoining or other building, street or
natural. formed or man-made land becoming so danger-
ous, and the likelihood of any such building, street or land
becoming so dangerous, that it will collapse or be likely to
collapse. either totally or partially. (Amended, 72 of
1980,s. 17)





(11) The determination of a committee of review upon an
appeal shall be final and shall not be liable to be set aside for
irregularity or error in matter of form.
(12)(a) The members of a committee of review shall be
remunerated at such rate as the Governor may determine,
and the remuneration payable to the members of any
committee of review shall be paid by the appellant in
accordance with paragraphs (b) and (c).
(b)At the time an appeal is made under subsection (1), the
appellant shall deposit with the Building Authority the
sum of 54,000, and an appeal shall not be duly made under
subsection (1) unless such sum is so deposited with the
Building Authority.
(c)When, after the determination of an appeal, the Building
Authority has ascertained the amount of the remuneration
payable under this subsection to the members of the
committee of review, he shall-
(i) refund to the appellant the amount by which the
sum deposited in accordance with paragraph (b) exceeds
the amount of such remuneration; or
(ii) recover from the appellant the amount by which the
amount of such remuneration exceeds the sum deposited in
accordance with paragraph (b),
and shall thereupon pay to each member of the committee
of review the remuneration payable to him under this
subsection.
(d)Where the amount of the remuneration payable under this
subsection to the members of a committee of review
exceeds the sum deposited in accordance with paragraph
(b), the Building Authority shall not be obliged to comply
with the directions, if any, given by the committee of
review under subsection (8) until the appellant has paid to
the Building Authority the amount to be recovered from
him under paragraph (c)(ii).
(13) For the avoidance of doubt, it is hereby declared that
neither the determination of a committee of review upon an appeal
nor compliance by the Building Authority with directions given by a
committee of review under subsection (8) shall affect or prejudice in
any way the subsequent exercise by the Building Authority of the
powers vested in him by section 23.
(Added, 40 qf 1965, s. 10)
51. A person shall not be entitled to appeal to the panel from a
decision of the Building Authority if he has instituted an appeal
from the decision to the tribunal under section 44 by giving notice in
writing to the Building Authority.
(Added, 40 of'1965, s. 10)

52. Nothing in this Part shall authorize the award or payment
of compensation to any person.
(Added, 40 qf 1965, s. 10)





53. (1) Without prejudice to section 37(1) or (2), no matter or
thing done by all or any of the members of a committee of review. or
by any public officer acting on the directions of a committee of
review or any member of a committee of review, shall if it were done
bona fide for the purpose of executing this Part of this Ordinance
subject any member of the committee of review, or any such public
officer, personally to any liability or to any claim, demand or action
whatsoever. and any liability which would but for this section have
been a liability personally of any member of the committee of review
or any such public officer shall be a liability of the Crown.

(2) Nothing in this section shall affect in any way any liability
of the Crown which exists apart from this section.
(Added, 40 of 1965, s. 10)

PART VIII

SAVING AND VALIDATION

54. Notwithstanding the repeal of the Buildings Ordinance
1935, the provisions of sections 110 to 126 of that Ordinance set out
in the Second Schedule hereto shall continue in operation until such
time as they are replaced by regulations enacted under section 38 or
by any other enactment expressed to be in substitution for the
provisions of the said sections: (,4i?ieiiticti, 16 of1966, s. 11)

Provided that any reference to an architect in the said sections
110 to 126 shall be taken as references to an authorized person.
(Added, 52 of1974, s. 14)

55. Any public officer whom the Director of Building Devel-
opment purported to authorize for the purposes of section 2(2)
of this Ordinance at any time before the commencement* of the
Buildings (Amendment) (No. 2) Ordinance 1985 shall be deemed to
have been validly authorized, notwithstanding that the public officer
was not an officer of the Building Development Department.
73 of 1985, s. 4 incorporated)

FIRST SCHEDULE [s. 44]

PRO( FIX RF ov APPEAL TRIBL \AL

1 . (1) A person appealing from a decision of the Building Authority under
Part VI of this Ordinance (hereinafter referred to as the appellant) shall, within 3
weeks of such decision give notice in writing to the Building Authority stating the
substance of the matter relating to his appeal.
(2) Upon receipt ofsuch notice the Building Authority shall convene a meeting
of the tribunal.
2. If it appears to the tribunal. after due consideration of any appeal, that no
good cause has been shown why an inquiry should be held, it may refuse to hold an
inquiry, and shall inform the appellant accordingly.
3. (1) The tribunal shall permit the appellant and such other persons as it
considers to be prejudiced by the decision. which is the subject of the appeal. to
appear and to he heard at the inquiry. to be assisted in the presentation of their cases
by other persons and to take such part in the proceedings as the tribunal may think
proper:





Provided that no person shall he entitled as of right in the capacity of counsel,
solicitor or other paid advocate to conduct the case for the appellant or such other
persons by addressing the tribunal or examining or cross-examining witnesses.
(2) For the purposes of sub-paragraph ( 1). the tribunal may cause such notice
to be given to any person or to the public at large as it may think proper.
(3) The inquiry shall be held at such place and time as the tribunal may
determine and shall be a private inquiry.

SECOND SCHEDULE [s. 54.]

PROVISIONS OF BUILDINGS ORDINANCE 1935 TO CONTINUE IN OPERATION

Rights of Building and Adjoining Owners

110. (1) In this section and in sections 111 to 126-
'adjoining owner- means an owner, and---adjoiningoccupier- means an occupier. of
land, buildings. storeys or rooms adjoining those ofa building owner.
'building owner- means such one of the owners of adjoininR )and who is desirous of
building, or such one of the owners of buildings. storeys or rooms. separated
from one another by a party wall or party struiture mho' does or is desirous of
doing a work affecting thal party wall or party structure.
(2) Where lands held under lease from the Crown by different owners adjoin
and are unbuilt-on at the line ofjunction. and either om ner is about to build on any
part of the linejunction, the following provisions shall ha\c efl'ect.
(3) If the building owner desires to build a party mall on the line ol`junction. he
shall serve notice thereof on the adjoining owner des~ribing the intended mall.
(4) If the adjoining owner consents to the building of aparty mall. the mall shall
be built halfon the land ofeach of the 2 omners, or in such other position as ma~ he
agreed between them.
(5) The expenses of the building of the party mall shall from lime to time be
defrayed by the 2 owners in due proportion. regaid being had to the use made and
which may be made ofthe wall by them respectively.
(6) If the adjoining owner does not consent to the building of a party mall. the
building owner shall not build the wall otherwise than as an external wall placed
wholly on his own land.
(7) If the building owner does not desire to build a party 1 ',all on the line of
junction but desires to build an external wall placed whoIR on his own land. he Shafl
serve notice thereof on the adjoining owner describing the intended wall.
(8) Wherein any of the cases aforesaid the building o' ner proceeds to build an
external wall on -his own land, he shall have a right at his own expense. at any time
after the expiration of 1 month from the service of the notice, to place on the Ia'nd of
the adjoining owner below the level of the lowest floor. the projecting footings of the
external wall with concrete or other solid substructure thereunder. miking compensa-
tion to the adjoining owner or occupier for any damage occasioned thereby. The
amount of such compensation. if any difference arises. shall be determined in the
manner in which differences between building owners and adjoining owners are
hereinafter directed to be determined.
(9) Where an external wall is built against another external wa)) or against a
party wall, it shall be lawful for the Building Authority to allo\& the footing oCthe side
next such other external or party wall to be omitted.

111. The building owner shall have the following rights in relation to party
structures and adjoining structures-
(a)to make good, underpin. or repair any party structure which is defective
or out of repair;
(b)to pull down and rebuild any party structure which is so far dcf'ecti~.e or out
of repair as to make it necessary or desirable to pull it down~
(c)to pull down any timber or other partition which divides any buildings.
and is not conformable to the provisions of this Ordinance. and to bAd
instead thereof a party wall conformable thereto:





(d)in the case of buildings having rooms or storeys the property of different
owners intermixed. to pull down such of the said rooms or storeys, or any
part thereof as are not built in conformity with this Ordinance. and to
rebuild the same in conformity therewith~
(e)in the case of buildings connected by arches or communications over streets
belonging to other persons. to pull down such of the said buildings. arches
or communications or such parts thereof as are not built in conformity with
this Ordinance, and to rebuild the same in conformity therewith;
to raise and underpin any party structure permitted by this Ordinance to be
raised or underpinned or any external wall built against such party struc-
ture, upon condition of making good all damage occasioned thereby to the
adjoining premises or to the iniernal finishings. and decorations thereof, and
of carrying up to the requisite height all flues and chimney stacks belonging
to the adjoining owner on or against such party structure or external walL
(g)to pull down any party structure which is of insufficient strength for
any building intended to be built. and to rebuild the same of sufficient
strength for the above purposes, upon condition of making good all damage
occasioned thereby to the adjoining premises or to the internal finishings
and decorations thereof:
(h)to cut into any party structure upon condition of making good all damage
occasioned to the adjoining premises by such operation~
(i)to cut away any footing or any, chimney-breasi, jamb or flue projecting, or
other projection from any party wall or external wall in order to erect an
external wall against such party wall. or for any other purpose. upon
condition of making good all damage occasioned to the adjoining premises
by such operation;
to cut away or take down such parts of any wall or building of an adjoining
owner as may he necessary, in consequence of such wall or building
overhanging the ground of the building owner. in order to erect an upright
,Aall against the same, on condition of making good any damage sustained
by the wall or building by such operation~
(k)to raise a party fence wall. or to pull the same down and rebuild it as a
party wall;
(1)to perform any other necessary works incident to the connexion of a party
structure with the premises adjoining thereto:
Provided that these rights shall he subject to this qualification, that any building
which has been erected prior to 21 February 1903 shall be deemed to be conformable
to the provisions hereof if it he conformable to the provisions of the Ordinances
regulating buildings before that date.

112. (1) Where a building owner proposes to exercise any of the foregoing rights
with respect to party structures. the adjoining owner may by notice require the
building owner to build on any such party structure such chimney copings. jambs, or
breasts, or flues, or such piers or recesses, or any other like works as may fairly be
required for the convenience of such adjoining owner. and may he specified in the
notice; and it shall be the duty of the building owner to comply with such requisition
in all cases where the execution of the required works will not be injurious to the
building owner, or cause to him unnecessary inconvenience or unnecessary delay in
the exercise of his right.

(2) Any difference that arises between a building owner and an adjoining owner
in respect of the execution of any such works shall be determined in the manner in
which differences between building owners and adjoining owners are hereinafter
directed to be determined.

113. (1) A building owner shall not, except with the consent in writing of the
adjoining owner, and of the adjoining occupiers. or in cases where any wall or party
structure is dangerous (in which cases the appropriate provisions of this Ordinance
shall apply), exercise any of his rights under this Ordinance in respect of any party
fence wall unless at least 1 month. or exercise any of his rights under this Ordinance in
relation to any party wall or party structure other than a party fence wall, unless at
least 2 months before doing so he has served on the adjoining owner of the party fence
wall, the party wall or party structure, as the case may be, notice stating the nature
and particulars of the proposed work and the time at which the work is proposed to
be commenced.











(2) When a building owner in the exercise of any, of his rights under this
Ordinance lays open any part of the adjoining land or building. he shall at his own
expense make and maintain for a proper time a proper hoarding and shoring or
temporary construction for protection of the adjoining land or building and the
security of the adjoining occupier.
(3) A building owner shall not exercise any right given to him by this Ordinance
in such manner or at such time as to cause unnecessary Trtconyernence to the adjoining
owner or to the adjoining occupier.
(4) A party wall or structure notice shall not be a,, ailable for the exercise of any
right, unless the work to which the notice relates is begun within 6 months after the
service thereof, and is prosecuted with due diligence.
(5) Within 1 month after receipt of such notice the adjoining owner may serve
on the building owner a notice requiring him to build on any such party structure any
works to the construction of which he is hereinbefore declared to be entitled.
(6) The last-mentioned notice shall specify the works required by the adjoining
owner for his convenience, and shall, if necessary. be accompanied by explanatory
plans and drawings.
(7) If either owner does not, within 14 days after the service on him of any,
notice, express his consent thereto, he shall be considered as having dissented
therefrom, and thereupon a difference shall be deemed to have arisen between the
building owner and the adjoining owner.

114.(1) In all cases not specially provided for by this, Ordinance, where a
difference arises between a building owner and an adjoining owner in respect of any
matter arising with reference to any work to which any notice given under this
Ordinance relates, unless both parties concur in the appointment or 1 architect they
shall each appoint an architect, and the 2 architects so appointed shall select a thier
architect, and such 1 architect, or 3 architects, or any 2 of them. shall settle any matter
from lime to time during the continuance of any. work to which the notice relates in
dispute between such building owner and adjoining with owner by his or their
award to determine the right to do. and the time and manner of'doing any A ork. and
generally any other matter arising out of or incidental to such difference: but any time
so appointed for doing any work shall not, unless otherwise agreed. commence until
after the expiration of the period by this Ordinance prescribed for the notice in the
particular case.
(2) Any award given by such 1 architect, or by such 3 architects, or by any 2 of
them, shall be conclusive, and shall not be questioned in any court: with this
exception, that either of the parties to the difference may within 14 days from the date
of the delivery of the award, appeal therefrom to a judge in chambers, who may,
subject as hereafter in this section mentioned, rescind the award or modify it in such
manner as he thinks just.
(3) If either party to the difference makes default in appointing an architect for
10 days after notice has been served on him by the other party to make such
appointment, the party giving the notice may make the appointme~t in the place of
the party so making default.
(4) The costs incurred in making or obtaining the award shall be paid by such
party as the architect or architects determine.
(5) If the appellant on appearing before the judge declares his unwillingness to
have the matter decided by him, and proves to his satisfaction that in the event of the
matter being decided against him he will be liable to pay a sum, exclusive of costs,
exceeding $500, and gives security, to be approved by the judge. duly to prosecutean
action in the High Court and to abide the event thereof. all proceedings in Chambers
shall thereupon be stayed, and the appellant may bring an action in the High Court
against the other party to the difference.
(6) The plaintiff in such action shall deliver to the defendants an issue whereby
the matters in difference between them may be tried. and the form of such issue in case
of dispute or of the non-appearance of the defendant shall be settled by the court. and
the action shall be prosecuted and the issue tried in all respects as if it were an
ordinary action or issue in the High Court, or as near thereto as circumstances admit.
(7) If the parties agree as to the facts a special ease maybe stated for the opinion
of the court, and such case shall be heard and decided in all respects as if it were an
ordinary case stated for the opinion of the court, or as near thereto as circumstances
admit; and any costs that may have been incurred before the judge in chambers shall
be deemed to be costs incurred in the action and be payable accordingly.





(8) Where both parties have concurred in the appointment of 1 architect, then.
if he refuses, or for 7 days neglects to act, or if he dies or becomes incapable of acting
before he has made his award. the matters in dispute shall be determined in the same
manner as if he had not been appointed.
(9) Where each party has appointed an architect and a third architect has been
selected. then. if he refuses. or for 7 days neglects to act, or before such difference is
settled. dies. or becomes incapable of acting. the 2 architects shall forthwith select
another architect in his place A ho shall have the same powei s and authorities as were
vested in his predecessor.
(10) Where each party has appointed an architect then if the 2 architects refuse.
or. for 7 days after request of either party neglect to select a third architect. or
another third architect as aforesaid the overnor may, on the application of either
party, appoint the Director of Building Development or some other fit person to act
as third architect who shall have the same powers and authorities as if he had been
selected by the 2 architects appointed by the parties. (Aniended, L.N. 76/82)

(11) Where each party has appointed an architect. then, if before the difference is
settled either architect dies. or becomes incapable of acting. the party by whom he was
appointed may appoint some other architect to act in his place. and if for the space of
7 days after notice served on him by the other party for that purpose, he fails to do so.
the other architect may proceed ex parie, and his decision shall be as effectual as if he
had been a single architect in whose appointment both parties had concurred: an
architect so substituted as aforesaid shall have the same powers and authorities as
were vested in the former architect at the time of his death or disability.
( 12) Where each party has appointed an architect, then. if either of the architects
refuses, or for 7 days neglects to act the other may proceed ex parie, and his decision
shall be as effectual as if he had been a single architect in whose appointment both
parties had concurred.
( 13) In this section.---architect---means---authorizedarchitect---.

115. A building owner. his servants. agents and workmen. at all usual times of
working, may enter and remain on any. pr~miscs for the purpose of executing. and
may execute any work which he has become entitled or is required in pursuance of this
Ordinance to execute, re~ ing any furniture or doing any other thing which may be
necessary: and if the premises are closed. he and they, may. accompanied by a police
officer. break open any fences or doors in order to effect such entry: Provided that
before entering on any premises for the purpose of this section the building owner
shall give 14 days' notice of,his intention so to do to the owner and occupier. In case
of emergency, he shall give such notice only as may, he reasonably practicable.

116. Where a buildine owner intends to erect within 3 metres of a building
belonging to an adjoining o' ner a building any part of which within such 3 metres
extends to a lower level than the foundations of the building belonging to the
adjoining owner. he may., and. if' required by the adjoining owner. shall (subject as
hereinafter provided) underpin or otherwise strengthen the foundations of the said
building so far as may be necessary. and the following provisions shall have
effect- (Amended, L.N. 294 76)
(
the adjoining owner stating his intention to build. and whether he proposes
to underpin or otherwise strengthen the foundations of the said building,
and such notice shall be accompanied by a plan and sections. showing the
site of the proposed building, and the depth to which he proposes to
excavate;
(b)if the adjoining owner shall. within 14 days after being served with such
notice, give a counternotice in writing that he disputes the necessity of such
underpinning or strengthening. or that he requires such underpinning or
strengthening. then. if such counternotice is not acquiesced in. a difference
shall be deemed to have arisen between the building owner and the
d /,
'ar rc~
- rn e'
,e ne

adjoining owner:
(c)the building owner shall he liable to compensate the adjoining owner and






occupier for any inconvenience. loss or damage which may result to them by
reason of the exercise of the powers conferred by this section:
(d)nothing in this section contained shall relieve the building owner from any
liability to which he would otherwise be subject in case of injury caused by
his building operations to the adjoining owner.





117. (1) An adjoining owner may, if he thinks fit. by notice in writing. require
the building owner (before commencing any work which he may be authorized by this
Ordinance to execute) to give such security as may be agreed upon, or in case of
difference as may be settled by a judge in chambers. for the payment of all such
expenses. costs and compensation in respect of the work as may he payable by the
building owner.

(2) The building owner may, at any time after service on him of a party wall or
party structure requisition by the adjoining owner, and before beginning a work to
which the requisition relates, but not afterwards, serve a counter requisition on the
adjoining owner, requiring him to give such security for payment of the expenses.
costs, and compensation for which he is or will be liable, as may be agreed upon, or, in
case of difference, as may be settled as aforesaid.

(3) If the adjoining owner does not within 1 month after service of the counter
requisition give security accordingly. he shall at the end of that month be deemed to
have ceased to be entitled to compliance with his party wall or party structure
requisition, and the building owner may proceed as if no party wall or party structure
requisition had been served on him by the adjoining owner.

118. (1) As to expenses to be borne jointly by the building oykner and adjoining
owner the following provisions shall apply.

(2) If any party structure is defective or out of repair, the expenses of making
good, underpinning. or repairing the same shall be borne by. the building owner aria
adjoining owner in due proportion. regard being had to the use that each owner
makes or may make of the structure.

(3) If any party structure is pulled down and rebuilt by reason of its being so far
defective or out of repair as to make it necessary or desirable to pull it do~kn. the
expense of such pulling down and rebuilding shall he borne by. the building owner and
adjoining owner in due proportion. regard being had to the use that cach owner may
make of the structure.

(4) If any timber or other partition dividing a building is pulled doi~n in exercise
of the right by this Ordinance vested in a building owner. and a party structure is built
instead thereof, the expense of building such party structure and also of building any
additional party structures that may be required by reason of the partition having
been pulled down, shall be borne by the building owner and adjoining owner in due
proportion, regard being had to the use that each owner may make of the party
structure and to the thickness required for the support of the respective buildings
parted thereby.

(5) If any rooms or storeys or any parts thereof, the property of different
owners, and intermixed in any building, are pulled down in pursuance of the right by
this Ordinance vested in a building owner, and are rebuilt in conformity with this
Ordinance. the expense of such pulling down and rebuilding shall be borne by the
building owner and adjoining owner in due proportion. regard being had to the use
that each owner may make of such rooms or storeys.

(6) If any arches or communications over public ways or over passages
belonging to other persons than the owners of the buildings connected by such arches
or communications, or any part thereof. are pulled down in pursuance of the right by
this Ordinance vested in a building owner, and are rebuilt in conformity with this
Ordinance, the expense of such pulling down and rebuilding shall be borne by the
building owner and adjoining owner in due proportion, regard being had to the use
that each owner makes of such arches or communications.

119. (1) As to expenses to be borne by the building o'ner the following
provisions shall apply.

(2) If any party structure or any external wall built against another external
wall is raised or underpinned in pursuance of the power by this Ordinance vested in a
building owner, the expense of raising or underpinning the same and of making good
all damage occasioned thereby, and of carrying up to the requisite height all such flues






and chimney-stacks belonging to the adjoining owner on or against any, such party
structure or external wall as are by this Ordinance required to he made good and
carried up, shall be borne by the building owner.

(3) If any party structure, which is of proper materials and sound or not so far
defective or out of repair as to make it necessary or desirable to pull it down. is pulled





down and rebuilt by the building owner. the expense of pulling down and rebuilding
the same and of making good any damage by this Ordinance required to be made
good. and a fair allowance in respect of the disturbance and inconvenience caused to
the adjoining owner shall be borne by the building owner.
(4) If any party structure is cut into by the building owner, the expense of
cutting into the same, and of making good any damage by this Ordinance required to
be made good shall be borne by such building o' ner.

(5) If any footing, chirnney-hreasi. jamb or floor is cutaway in pursuance of the
powers by this Ordinance vested in a building owner. the expense of such cutting
away and making good any damage by this Ordinance required to be made good shall
be borne by the building owner.
(6) If any party fence wall is raised for a building, the expense of such raising
shall be borne by the building owner.
(7) If any party fence wall is pulled down and built as a party wall the expense
thereof shall be borne by the building owner.

120. If at any time the adjoining owner makes use of any party structure or
external wall (or any part thereof) raised or underpinned as aforesaid. or of any party
fence wall pulled down and built as a party wall (or any part thereof) beyond the use
thereof made by him before the alteration, there shall be borne by the adjoining
owner from tim~ to time a due proportion of the expenses (having regard to the use
that the adjoining owner may make thereof)-

(a)of raising or underpinning such party structure or external wall, and of
making good all such damage occasioned thereby to the adjoining owner.
and of carrying up to the requisite height all such flues and chimney-stacks
belonging to the adjoining owner on or against any such party structure or
external wall as are by this Ordinance required to be made good and carried
up;
(h) of pulling down and building such party fence wall as a party wall.

121. Within 1 month after the completion of any work which a building owner is
by this Ordinance authorized or required to execute. and the expense of which is in
whole or in part to be borne by anadjoining owner. the building owner shall deliver to
the adjoining owner an account in writing of the particulars and expense of the work.
specifying any deduction to which such adjoining owner may be entitled in respect of
old materials. or in other respects. and every such work shall he estimated and valued
at fair average rates and prices according to the nature of the work. and the locality
and the market price of materials and 1a6our at the time.

122. At any time within 1 month after the delivery of the said account the
adjoining owner, if dissatisfied therewith. may declare his dissatisfaction to the
building owner by notice in writing served by himself or his agent. and specifying his
objections thereto. and thereupon a difference shall be deemed to have arisen between
the parties, and shall be determined in manner hereinbefore provided for the
settlement of differences between building and adjoining owners.

123. If within the said period of 1 month the adjoining owner does not declare in
the said manner his dissatisfaction with the account. he shall he deemed to have
accepted the same, and shall pay the same on demand to the party delivering the
account. and. if he fails to do so, the amount so due may be recovered as a debt.

124. Where the adjoining owner is liable to contribute to the expenses of building
any party structure, then. until such contribution is paid. the building owner at whose
expense the same was built shall stand possessed of the sole property in the structure.

125. The adjoining owner shall be liable for all expenses incurred on his
requisition by the building owner. and in default of payment the same may be
recovered from him as a debt.

126. Nothing in this Ordinance shall authorize any interference with any other
casements in or relating to a party wall. or take away. abridge. or prejudicially affect
any right of any person to preserve or restore any other thing in or connected with a
party wall in case of the party wall being pulled down or rebuilt.











THIRD SCHEDULE [s. 18(6)(c).]
FOR'M OF WARRANT

HONG KONG.

IN THE MAGISTRATE'S COURT AT

WHEREAS 1, a magistrate of the Colony of Hong Kong. am satisfied by evidence on
oath that ............................................ ........

(here specify name(s) of person(s) autborized to enter the building under section
18(6)(a) of the Buildings Ordinance) has have been authorized by the Building
Authority to enter ................................... .................

(address of building) under section 18(6)(a) of the Buildings Ordinance:

AND WHEREAS I am also satisfied by exidence on oath that the entry to such
building of a person authorized to enter the same by, or under the said sectiort 18(6)(a)
of the Buildings Ordinance has been obstructed:

THESE are, therefore, to authorize the said ...............................................................

and his their servants or agents and his their agent's agents' servants (being, persons
authorized prior to the issue of this warrant to enter the building aforesaid by or
under section 18(6)(a) or (b) of the Buildines Ordinance) and any police officer of or
above the rank of inspector and any other police officer acting under his direction to
enter the building aforesaid on such occasion or occasions and at such lime or times
as may be necessary for the purpose for which the said ................................
. --- ..............................................................................................................................
.
was were authorized to enter the said building under section 18(6)(a) of the Buildings,
Ordinance.

[L.S.]

(Signed) ..........
Magistrate.

(Added, 40 of 1965. s. 11. Amended, 16 of 1966. s. 12]

FOURTH SCHEDULE
[s 2(2).]


1. Building Development Department

2. Engineering Developent Department
3. Lands Department

4. New Territories Development Department

[Added 73 of 1985 s. 3]

FIFTH SCHEDULE
[s.2]
SCHEDULED AREA


Mid-levels area being the area deineated and shown edged black on a plan
numbered GCB1, dated 28 April 1982, signed by the Secretary, for Lands and Works
and deposited in the Land Office.
(Added, 41 of 1982.s. 12)





SIXTH SCHEDULE [s. 2SC(I).]

FORM OF WARRANT

HONG KONG.

IN THE MAGISTRATES COURT AT

WHEREAS I, a magistrate of the Colony of Hong Kong, am satisfied by evidence on
oath that .......................................................................

(here specify name(s) of person(s) authorized to enter upon the land and carry out
and~maintain* groundwater drainage works under section 28B of the Buildings
Ordinance) has/have* been authorized by the Building Authority to enter upon .......
(address of land) and there carry out and maintain* groundwater drainage works
under section 28B of the Buildings Ordinance:
AND WHEREAS 1 am also satisfied by evidence on oath that the entry upon that
land/ and/the/carrying out/maintenance* of those works by one or more of the
persons so authorized has been obstructed:

THESE are, therefore. to authorize the said ...............................................................
........................................................
and his,their* servants or agents and his their* agent's/agents* servants (being
persons so authorized before the issue of this warrant) to enter upon that land on such
occasions and at such times as may be necessary for the purpose ofearrying out those
works and to carry, out and maintain* those works.

AND ALSO to authorize any police officer of or above the rank ofinspector and any
other police officer acting under his direction to enter upon that land in company
with, and for the purpose of preventing the obstruction of. the said ..........................
his/their* servants or his their* agent's/agents'* servants.

(Signed) .......

.............. ....................
Magistrate
( Added, 41 of 1982,s. 12)

*Delete whichever is inapplicable. Originally 68 of 1955. 44 of 1959. 27 of 1960. 37 of 1961. 3 of 1964. 27 of 1964. 31 of 1964. 40 of 1965. 13 of 1966. 16 of 1966. 31 of 1966. 46 of 1968. 23 of 1969. 35 of 1969. 7 of 1970. 73 of 1970. 23 of 1971. 44 of 1972. L.N. 185/72. 71 of 1972. 23 of 1973. 59 of 1973. L.N. 94/74. 52 of 1974. 19 of 1976. L.N. 294/76. 75 of 1976. 16 of 1978. 33 of 1978. 24 of 1979. 72 of 1980. L.N. 137/81. 76 of 1981. L.N. 17/82. L.N. 76/82. 41 of 1982. 5 of 1983. 59 of 1983. 73 of 1983. 32 of 1984. 55 of 1984. 45 of 1985. 73 of 1985. G.N.A. 45/56. Short title. (Cap. 322.) Interpretation. Fifth Schedule. Fourth Schedule. Registers of authorized persons and structural engineers. Appointment and duties of authorized person or registered structural engineer. Appointment and powers of disciplinary board. Authorized Person's and Registered Structural Engineers' Disciplinary Board Panel. Appeals under section 3(10). Disciplinary proceedings in respect of an authorized person or registered structural engineer. (Cap. 4.) Registers of registered contractors, registered lift contractors, registered escalator contractors and registered ventilation contractors, etc. Forms 2, 4 and 6. Forms 3, 5 and 7. Appointment and duties of registered contractors. Appointment and duties of registered lift contractors and escalator contractors. Appointment and powers of disciplinary board. Contractors' Disciplinary Board Panel. Appeals under section 8(4). Disciplinary proceedings in respect of registered contractors, etc. (Cap. 4.) Approval and consent required for commencement of building works, etc. Forms 12 and 14. Approval and consent deemed to be given unless refusal notified. Forms 9 and 13. Grounds on which approval or consent may be refused. (Cap. 131.) (Cap. 7.) (Cap. 123, sub. leg.) (Cap. 124.) (Cap. 7.) Conditions may be imposed in certain cases. Authority to erect shoring in certain cases. Form 8. Third Schedule. Claims for compensation. Provision for urgent work. Form 26. Resumption of work suspended. Form 15. Occupation of new building. Form 22. Form 24. Forms 19 and 20. Form 25. Powers of Building Authority. Building works, etc. to cease on order of Building Authority. Order for demolition, removal, or alteration of building, building works, street works, lift works or escalator works. Order to cease or remedy dangerous works. Change in use of buildings. Form 28. Dangerous buildings. Form 27. Closure Order. (Cap. 7.) Dangerous hillsides, etc. Drainage. Groundwater drainage works in scheduled area. Authorization to carry out relevant works in case of objection etc. by persons whose property is affected. Form 39. Form 40. Form 41. Form 42. Magistrate's warrant. Sixth Schedule. Obligation to make good, and compensation for, damage. (Cap. 17.) (Cap. 123.) Construction and maintenance of private streets and access roads. Openings to or from streets. Projections on or over streets. (Cap. 341.) Naming of streets and numbering of buildings. Recovery of costs of works by Building Authority. Disposal of materials resulting from works carried out by Building Authority. Service of notices and orders. Admissibility in evidence of certified copies of documents, etc. (18 of 1935.) Limitation of public liability. Regulations. Application of new regulations. Offences. Exemptions. (Cap. 283.) (Cap. 28.) Building Authority's powers of exemption. Form 30. Form 29. Establishment of appeal tribunal. Tribunal to bear appeals. First Schedule. Stay of exercise of powers. Governor in Council may review. Certain restrictions on right to appeal to tribunal. No compensation to be awarded. Appointment of panel. Appeal to panel against certain decisions of Building Authority. Appeal to tribunal to be a bar to appeal to panel. No compensation to be awarded. Limitation on liability of members of committee of review. Saving. (18 of 1935.) Second Schedule. Validation. (73 of 1985.) [*22.11.85.] Definitions 'adjoining owner' and 'building owner'; provisions for buildings adjoining unbuilt-on land. Rights of building owner in relation to party structures, etc.; existing prior buildings. Requirements of adjoining owner in relation to party structures. differences between building owner and adjoining owner. Notice to be given by building owner before work commences. Differences between building owner and adjoining owner. Right of entry of building owner. Underpinning or strengthening of foundations of adjoining building. Adjoining owner may require security to be given for payment of expenses and counter requisition by building owner. Expenses to be borne jointly by building owner and adjoining owner. Expenses to be borne by the building owner. Proportion of expenses which may be borne by adjoining owner. Statement of expenses to be submitted by building owner. Difference between building owner and adjoining owner as to expenses. Failure by adjoining owner to express dissatisfaction to be deemed acceptance. Adjoining owner failing to contribute, building owner to become sole owner. Adjoining owner liable for expenses incurred on his requisition. Other easements and rights in regard to party structures preserved.

Originally 68 of 1955. 44 of 1959. 27 of 1960. 37 of 1961. 3 of 1964. 27 of 1964. 31 of 1964. 40 of 1965. 13 of 1966. 16 of 1966. 31 of 1966. 46 of 1968. 23 of 1969. 35 of 1969. 7 of 1970. 73 of 1970. 23 of 1971. 44 of 1972. L.N. 185/72. 71 of 1972. 23 of 1973. 59 of 1973. L.N. 94/74. 52 of 1974. 19 of 1976. L.N. 294/76. 75 of 1976. 16 of 1978. 33 of 1978. 24 of 1979. 72 of 1980. L.N. 137/81. 76 of 1981. L.N. 17/82. L.N. 76/82. 41 of 1982. 5 of 1983. 59 of 1983. 73 of 1983. 32 of 1984. 55 of 1984. 45 of 1985. 73 of 1985. G.N.A. 45/56. Short title. (Cap. 322.) Interpretation. Fifth Schedule. Fourth Schedule. Registers of authorized persons and structural engineers. Appointment and duties of authorized person or registered structural engineer. Appointment and powers of disciplinary board. Authorized Person's and Registered Structural Engineers' Disciplinary Board Panel. Appeals under section 3(10). Disciplinary proceedings in respect of an authorized person or registered structural engineer. (Cap. 4.) Registers of registered contractors, registered lift contractors, registered escalator contractors and registered ventilation contractors, etc. Forms 2, 4 and 6. Forms 3, 5 and 7. Appointment and duties of registered contractors. Appointment and duties of registered lift contractors and escalator contractors. Appointment and powers of disciplinary board. Contractors' Disciplinary Board Panel. Appeals under section 8(4). Disciplinary proceedings in respect of registered contractors, etc. (Cap. 4.) Approval and consent required for commencement of building works, etc. Forms 12 and 14. Approval and consent deemed to be given unless refusal notified. Forms 9 and 13. Grounds on which approval or consent may be refused. (Cap. 131.) (Cap. 7.) (Cap. 123, sub. leg.) (Cap. 124.) (Cap. 7.) Conditions may be imposed in certain cases. Authority to erect shoring in certain cases. Form 8. Third Schedule. Claims for compensation. Provision for urgent work. Form 26. Resumption of work suspended. Form 15. Occupation of new building. Form 22. Form 24. Forms 19 and 20. Form 25. Powers of Building Authority. Building works, etc. to cease on order of Building Authority. Order for demolition, removal, or alteration of building, building works, street works, lift works or escalator works. Order to cease or remedy dangerous works. Change in use of buildings. Form 28. Dangerous buildings. Form 27. Closure Order. (Cap. 7.) Dangerous hillsides, etc. Drainage. Groundwater drainage works in scheduled area. Authorization to carry out relevant works in case of objection etc. by persons whose property is affected. Form 39. Form 40. Form 41. Form 42. Magistrate's warrant. Sixth Schedule. Obligation to make good, and compensation for, damage. (Cap. 17.) (Cap. 123.) Construction and maintenance of private streets and access roads. Openings to or from streets. Projections on or over streets. (Cap. 341.) Naming of streets and numbering of buildings. Recovery of costs of works by Building Authority. Disposal of materials resulting from works carried out by Building Authority. Service of notices and orders. Admissibility in evidence of certified copies of documents, etc. (18 of 1935.) Limitation of public liability. Regulations. Application of new regulations. Offences. Exemptions. (Cap. 283.) (Cap. 28.) Building Authority's powers of exemption. Form 30. Form 29. Establishment of appeal tribunal. Tribunal to bear appeals. First Schedule. Stay of exercise of powers. Governor in Council may review. Certain restrictions on right to appeal to tribunal. No compensation to be awarded. Appointment of panel. Appeal to panel against certain decisions of Building Authority. Appeal to tribunal to be a bar to appeal to panel. No compensation to be awarded. Limitation on liability of members of committee of review. Saving. (18 of 1935.) Second Schedule. Validation. (73 of 1985.) [*22.11.85.] Definitions 'adjoining owner' and 'building owner'; provisions for buildings adjoining unbuilt-on land. Rights of building owner in relation to party structures, etc.; existing prior buildings. Requirements of adjoining owner in relation to party structures. differences between building owner and adjoining owner. Notice to be given by building owner before work commences. Differences between building owner and adjoining owner. Right of entry of building owner. Underpinning or strengthening of foundations of adjoining building. Adjoining owner may require security to be given for payment of expenses and counter requisition by building owner. Expenses to be borne jointly by building owner and adjoining owner. Expenses to be borne by the building owner. Proportion of expenses which may be borne by adjoining owner. Statement of expenses to be submitted by building owner. Difference between building owner and adjoining owner as to expenses. Failure by adjoining owner to express dissatisfaction to be deemed acceptance. Adjoining owner failing to contribute, building owner to become sole owner. Adjoining owner liable for expenses incurred on his requisition. Other easements and rights in regard to party structures preserved.

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