1960-HKRS29-8-27_Part02 — Page 29

(Cap. 229).

(69 of 1955).

Application

of principal Ordinance 1Ọ

New Terri

torics.

Power of Building Authority to Excmpt village-type houses, etc. from certain sections of principal Ordinance.

Schedule.

2

**permitted building" means any building erected under a permit granted under the Summary Offences Ordinanes, and also means any building erected, with the consent of the Crown, on land leased for agricultural or similar use only:

"principal Ordinance" means the Buildings Ordinance, 1955; and

(b) any word or phrase which has a meaning assigned to it by section 2 of the principal Ordinance shall have the meaning so assigned to it.

3. On the commencement of this Ordinance, the principal Ordinance shall apply, subject to the provisions of this Ordinance, to the New Territories.

4. (1) Without prejudice to the provisions of section 29 of the principal Ordinance, the Building Authority may, where he thinks fit. exempt from the provisions of sections 4, 7, 9, 9A, 98, 9C. 12. 14 15, 19 and 20A of the principal Ordinance, and from the provisions of the regulations made under that Ordinance, building works for the erection, alteration or demolition of, or otherwise in connexion with. a village-type house or a permitted building situated or to be situated in the New Territories.

(2) (a) Where an application for exemption is made under the provisions of subsection (1) in respect of a village-type house, The application shall be made to the Building Authority through the District Commissioner, who shall determine whether the building is, or, when erected or altered, will bx. a village-type house.

(b) Where the District Commissioner determines that the building is, or, when erected or altered, will be, a village-type houst. he shall forward the application for exemption to the Building Authority certifying accordingly.

(c) The determination of the District Commissioner as to whether or not any building is, or, when erected or altered, will be, a village-type house shall be final.

(3) For the purpose of enabling him to consider any application for exemption under the provisions of subsection (1), the Building Authority or the District Commissioner may require the production of such plans or particulars of the building or building works as he may consider necessary.

(4) Every application for exemption under the provisions of sub- section (1) shall be made in the form prescribed in the Schedule.

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(5) It any building works in respect of which exemption has been granted under the provisions of subsection (1) are carried out otherwise than in accordance with any plan or particulars thereof produced to the Building Authority or the District Commissioner, the Building Authority may withdraw such exemption, and thereupon the principal Ordinance shall apply to such building works as if such exemption had never been granted.

$. No alteration to any building in existence at the commence- Effect in mem of this Ordinance shall be required by reason of the application relation Lo of the principal Ordinance to the New Territories.

existing buildings of applicatoo of principal Ordinance to New Terrl- tories.

6. (1) (a) The provisions of sections 4. 7. 9. 9A, 9B. 9C. 11. Transitional

12. 19 and 20A and of subsection (1) of section 21 of the provisions. principal Ordinance and the provisions of the regulations made under the principal Ordinance, other than the provisions of regulation 3 of the Building (Construction) Regulations, 1956, (G.NA. shall not apply to-

38/56).

() any building works which are in the course of being carried out in the New Territories at the commencement of this Ordinance;

() any building works carried out in the New Territories the plans of which were approved after the 1st day of January, 1960, and before the commencement of this Ordin- ance, and which are completed within two years from the commencement of this Ordinance or within such further period as the Building Authority may allow.

(b) In relation to any such building works, the provisions of sections 14 and 15 of the principal Ordinance shall apply as if there were substituted for the reference to the provisions of the principal Ordinance a reference to the provisions of regulation 3 of the Building (Construction) Regulations, 1956, but not otherwise.

(2) The provisions of sections 4, 7, 9, 9A. 9B. 90, 11, 14, 15 and 20A of the principal Ordinance and the provisions of the regula- tions made under the principal Ordinance shall not apply to any street works which are in the course of being carried out in the New Territories at the commencement of this Ordinance.

(3) The provisions of sections 7A, 14 and 15 of the principal Ordinance and the provisions of the regulations made under the principal Ordinance shall not apply to any lift works or escalator works which are in the course of being carried out in the New Territories at the commencement of this Ordinance.