20
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. 123]
Buildings
[1985 Ed.
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 of 1959, s. 4)
16. (1) The Building Authority may refuse to give his approval 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
(ii) that the plans have been examined and are approved 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 necessary for such building in accordance with a Code of Practice published from time to time by the Director of Fire Services; (Added, 3 of 1964, s. 2)
(c) 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 Ordinance:
(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: