TNAG-1698-FCO40-2367-Hong-Kong-courts-and-legal-system-Supreme-Court-(Amendment)-1987 — Page 28

A450

Ord. No. 60/87

BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES)

BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES)

Ord. No. 60/87

A451

(Cap. 123, sub. leg.)

(Cap. 366.)

(Cap. 123.)

"canopy" has the meaning assigned to it by regulation 2 of the Build

(Planning) Regulations;

"certificate of exemption” means a certificate of exemption issued under this

Ordinance;

"certificate of exemption in respect of agricultural use” means a certificate of

exemption issued under section 5(c);

"certificate of exemption in respect of community use" means a certificate of

exemption issued under section 5(b);

"certificate of exemption in respect of new housing" means a certificate of

exemption issued under section 5(a);

"certificate of exemption in respect of replacement housing" means a

certificate of exemption issued under section 5(d);

"Director" means the Director of Buildings and Lands and any person

authorized by him under section 11;

"District" has the meaning assigned to it in the District Boards Ordinance; "height" in relation to any building means the perpendicular height of the building measured from the level of its lowest point at ground level to, subject to subsection (4), the level of the highest point of its roof; "New Territories" does not include New Kowloon;

"party wall" means a load-bearing wall-

(a) forming part of a building used or constructed to be used for the

purpose of separating adjoining buildings; and

(b) which extends continuously—

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

(ii) from an external wall to the external wall opposite; and (c) which has no door, doorway, arch, archway, window or other

opening constructed in it;

"roofed-over area” means the area of a building enclosed within the external

faces of the main structural walls (which includes any party wall) of that building together with, subject to subsection (5), the area of any balcony, stairway, verandah, porch, canopy or any other projection from the building.

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

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

(a) where that building is of a height of not more than 7.62 m, is a

load-bearing brick wall of not less than 225 mm thick;

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

more than 8.23 m-

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

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

(c) is a load-bearing reinforced concrete wall not less than 175 mm

thick.

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

(a) one stairhood if it has a roof area of not more than 7.44 m2, a height of not more than 2.14 m and is erected and used solely to provide protection from rain and sun for a stairway used to gain access to the roof of the building;

(b) any parapet on the roof if the height is not more than 1.22 m; or (c) one water storage tank if it has a roof area of not more than 2 m2, a height of not more than 1.22 m and is installed at any point on the roof other than on a stairhood.

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

(a) they all project from the same side of the building for a distance of

not more than 1.22 m; and

(b) they are not enclosed.

PART II

APPLICATION

3. Subject to Part III, the Buildings Ordinance shall apply to the New Application of Territories.

PART III

CERTIFICATES OF EXEMPTION

Buildings Ordinance to the New Territories. (Cap. 123.)

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

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

to issue certificates of

exemption in respect of building works.

Special power to issue

certificates of exemption in

(a) for a building to be built by any person and to be used for respect of

non-industrial purposes;

building works.

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

of the community;