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Short title.
Interpretation.
(Cap. 123, sub. leg.)
(Cap. 123.)
(Cap. 123, sub. leg.)
(Cap. 366.)
A BILL
To
Apply the Buildings Ordinance to the New Territories, to provide for certificates of exemption from certain provisions of the Buildings Ordinance for building works, site formation works and drainage works for certain buildings in the New Territories and to make necessary consequential amendments.
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
PART I
PRELIMINARY
1. This Ordinance may be cited as the Buildings Ordinance (Application to the New Territories) Ordinance 1986.
2. (1) In this Ordinance, unless the context otherwise requires— "balcony" has the meaning assigned to it by regulation 2 of the Building (Planning)
Regulations;
"building works" has the meaning assigned to it by section 2 of the Buildings Ordinance save that it shall not include site formation works, drainage works, or the construction of seawalls or retaining walls;
"canopy" has the meaning assigned to it by regulation 2 of the Building (Planning)
Regulations;
"certificate of exemption” means a certificate of exemption issued under this Ordinance; "certificate of exemption in respect of agricultural use" means a certificate of
exemption issued under section 5(c);
"certificate of exemption in respect of community use" means a certificate of
exemption issued under section 5(b);
"certificate of exemption in respect of replacement housing" means a certificate of
exemption issued under section 5(d);
"certificate of exemption in respect of village housing" means a certificate of
exemption issued under section 5(a);
"Director" means the Director of Buildings and Lands and any person authorized by
him under section 12;
"District" has the meaning assigned to it in the District Boards Ordinance; "established village" means a village established in the New Territories before 1898; "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;
"indigenous villager" means—
(a) a person over the age of 18 years who is descended through the male line from a person who was, in 1898, a resident of an established village; or
(b) such other person as the Director may treat as an indigenous villager under
section 6(1);
"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;
"recognized village" means a village listed in the list of recognized villages kept by the
Director under section 6(2);
"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 (Cap. 123.) 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.
Buildings
Ordinance to the New Territories. (Cap. 123.)
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