Building (Minor Works) Regulation
(Enacting provision omitted—E.R. 2 of 2012)
[30 December 2009] L.N. 248 of 2009
(Format changes—E.R. 2 of 2012)
(Omitted as spent—E.R. 2 of 2012)
In this Regulation—
authorized signatory (獲授權簽署人), in relation to any type of minor works under any class, means a person— (a)whose name is entered in the register as an authorized signatory of a registered minor works contractor for that type of minor works under section 12(7)(a)(ii), 19(4)(a)(ii), 23(7)(a)(ii) or 25(7); or (b)whose name is entered in the provisional register as an authorized signatory of a registered minor works contractor for that type of minor works under section 65(5)(a)(ii); designated exempted works (指定豁免工程)—see sections 5 and 72; (L.N. 60 of 2020) designated trade division (指定工種分項) has the meaning given by section 2(1) of the Construction Workers Registration Ordinance (Cap. 583); (22 of 2014 s. 42) disciplinary order (紀律制裁命令) means an order made under section 13(4) of the Ordinance; prescribed fee (訂明費用), in relation to a matter, means a fee imposed in respect of that matter by the regulation made under section 38(1A) of the Ordinance; prescribed plans and details (訂明圖則及詳圖) means the plans and details prescribed in regulation 8 of the Building (Administration) Regulations (Cap. 123 sub. leg. A); provisional register (臨時名冊) means the provisional register of minor works contractors kept under section 8A(1)(c) of the Ordinance; register (名冊) means the register of minor works contractors kept under section 8A(1)(c) of the Ordinance; Registration Committee (註冊事務委員會) means a Minor Works Contractors Registration Committee appointed under section 6(1); technical memorandum (技術備忘錄) means a technical memorandum issued under section 39A of the Ordinance.Subject to subsection (5), in this Regulation— (L.N. 60 of 2020)
and a reference to class, class I, class II or class III is to be construed accordingly.
Subject to subsection (5), in this Regulation— (L.N. 60 of 2020)
a reference to an item of minor works is a reference to the building works specified in column 2 of Part 3 of Schedule 1 opposite the item number in column 1 of that Part; and
a reference to item is to be construed accordingly.
Subject to subsection (5), in this Regulation— (L.N. 60 of 2020)
a reference to a type of minor works is a reference to the item or items of minor works under different classes specified in Part 2 of Schedule 1 under a Division heading referring to that type of minor works; and
a reference to type is to be construed accordingly.
For any building works to which Part 11 applies, subsections (2), (3) and (4) have effect subject to that Part. (L.N. 60 of 2020)
For the purposes of the definition of minor works in section 2(1) of the Ordinance, class I minor works, class II minor works and class III minor works are designated as minor works.
For the purposes of the definition of simplified requirements in section 2(1) of the Ordinance, the requirements in Part 6 are prescribed as simplified requirements.
For the purposes of section 41(3B) of the Ordinance, the building works specified in Part 2 of Schedule 2 are prescribed as designated exempted works.
The Building Authority must establish a panel from which the Authority is to appoint committees to be known as the Minor Works Contractors Registration Committees.
There may be more than one Registration Committee in action at any one time.
A Registration Committee must consist of the following members—
1 person nominated by the Building Authority who, in the opinion of the Authority, has knowledge and experience in minor works; (L.N. 113 of 2009)
1 authorized person or registered structural engineer selected by the Building Authority from among persons nominated by the Architects Registration Board, the Engineers Registration Board or the Surveyors Registration Board; and
1 person selected by the Building Authority from among persons nominated by such bodies as the Authority thinks fit.
A person who is a member of the following panel is not eligible for appointment to the Registration Committee—
the Authorized Persons’, Registered Structural Engineers’ and Registered Geotechnical Engineers’ Disciplinary Board Panel appointed under section 5A of the Ordinance; or
the Registered Contractors’ Disciplinary Board Panel appointed under section 11A of the Ordinance.
The members of the Registration Committee must elect from among themselves a member to act as the chairperson of the Committee.
The Building Authority must appoint an officer of the Buildings Department as the secretary of the Registration Committee.
The secretary of the Registration Committee is not a member of the Committee.
The function of a Registration Committee is to assist the Building Authority in considering applications under Parts 4 and 10 by— (L.N. 113 of 2009)
examining the qualifications of the applicants;
making necessary inquiry to ascertain whether the applicants have the experience required of them for the purposes of their applications;
conducting interviews with the applicants;
making recommendations to the Authority to allow or refuse, either in whole or in part, the applications or defer the determination of the applications; and
reviewing the decisions of the Authority or recommendations of other Registration Committees under section 26. (L.N. 113 of 2009)
A Registration Committee is to meet as often as the Building Authority directs.
No meeting of the Registration Committee may proceed in the absence of any of its members.
A person may apply to the Building Authority for registration as a registered minor works contractor for—
if the person is a natural person, one or more items of class III minor works; or
if the person is not a natural person, one or more types of minor works under one or more classes.
The application must—
be in the specified form; and
be accompanied by the prescribed fee.
In the case of an application under subsection (1)(b), the applicant must, in respect of each type of minor works under each class to which the application relates, nominate in the application form at least one individual who is proposed to be an authorized signatory of the applicant to act for it for the purposes of the Ordinance on its registration as a registered minor works contractor.
The Building Authority may—
require the applicant to provide any information and documentary proof that the Authority considers necessary for determining the application; and
refuse the application if the information or proof is not provided.
The Building Authority must, within 3 months from receiving an application under section 10(1)(a)—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
The Building Authority must not allow an application under subsection (1)(a) or (b) unless the Authority is satisfied that—
the applicant—
is registered under the Construction Workers Registration Ordinance (Cap. 583) as a registered skilled worker for a designated trade division which is relevant to the item or items of class III minor works to which the application relates; or (22 of 2014 s. 43)
has the qualifications and experience specified by the Authority;
the applicant has the ability and skills to personally carry out the item or items of class III minor works to which the application relates;
the applicant has completed a training course on class III minor works that is recognized by the Authority; and
the applicant is suitable for registration in the register.
In deciding whether the applicant is suitable for registration in the register for the purposes of subsection (2)(d), the Building Authority must take into account—
whether the applicant has any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
whether any disciplinary order has been made against the applicant.
If the Building Authority allows an application under subsection (1)(a) or (b), the Authority must—
enter the applicant’s name in the register together with information identifying the item or items of class III minor works for which the applicant is registered;
publish the applicant’s name in the Gazette together with information identifying the item or items of class III minor works for which the applicant is registered; and
issue a certificate of registration to the applicant endorsed with information identifying the item or items of class III minor works for which the applicant is registered. (L.N. 60 of 2020)
If the Building Authority refuses an application under subsection (1)(b) or (c), the Authority must give reasons for the decision in writing to the applicant.
The Building Authority may refer, either in whole or in part, an application under section 10(1)(b) to a Registration Committee for recommendation if the Authority considers it appropriate to do so after taking into account—
the nature of the type or types of minor works under one or more classes to which the application relates; or
any matter that is relevant for determining whether the applicant complies with the requirements set out in subsections (5) and (6). (L.N. 113 of 2009)
If the Building Authority does not refer the application to a Registration Committee, the Authority must, within 3 months from receiving the application—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
If the Building Authority considers it appropriate to refer the application to a Registration Committee, the Authority must direct the Committee to meet, within 3 months from receiving the application, to consider the application. (L.N. 113 of 2009)
If the Building Authority refers an application to a Registration Committee, the Authority must, within 3 months from the meeting of the Committee at which the application is considered— (L.N. 113 of 2009)
allow the application;
allow the application in part and refuse the remaining part;
refuse the application; or
defer the determination of the application for a period not exceeding 6 months, and—
refer the application again to a Registration Committee for recommendation after that period on the request of the applicant; and
direct the Committee to meet, within 3 months from receiving the request, to consider the application. (L.N. 113 of 2009)
The Building Authority must not allow an application under subsection (3)(a) or (b) unless the Registration Committee so recommends.
The Building Authority must not allow an application under subsection (2)(a) or (b) or (3)(a) or (b) unless the Authority is satisfied that—
in respect of each type of minor works under each class to which the application relates, at least one individual nominated under section 10(3) for that type of minor works—
has the qualifications and experience specified by the Authority; and
has the ability to understand that type of minor works through relevant experience and a general knowledge of the basic statutory requirements;
the applicant has access to plants and resources;
if the applicant is a corporation—
its management structure is adequate; and
at least one of its directors has the qualifications and experience specified by the Authority; and
the applicant is suitable for registration in the register.
In deciding whether the applicant is suitable for registration in the register for the purposes of subsection (5)(d), the Building Authority must take into account—
whether the applicant and the individual nominated under section 10(3) have any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
whether any disciplinary order has been made against the applicant or the individual.
If the Building Authority allows an application under subsection (2)(a) or (b) or (3)(a) or (b), the Authority must, on payment by the applicant of the prescribed fee—
enter the applicant’s name in the register together with—
information identifying the type or types of minor works under one or more classes for which the applicant is registered; and
the name of the authorized signatory of the applicant for each type of minor works under each class for which the applicant is registered;
publish the applicant’s name in the Gazette together with information identifying the type or types of minor works under one or more classes for which the applicant is registered; and
issue a certificate of registration to the applicant endorsed with information identifying the type or types of minor works under one or more classes for which the applicant is registered. (L.N. 60 of 2020)
If the Building Authority—
refuses an application under subsection (2)(b) or (c) or (3)(b) or (c); or
defers the determination of an application under subsection (3)(d),
the Authority must give reasons for the decision in writing to the applicant.
Subject to section 14(3) and any relevant disciplinary order, the registration of a person under section 11 or 12 expires on the third anniversary of the date of the entry of the person’s name in the register under section 11(4) or 12(7).
A registered minor works contractor may apply to the Building Authority for the renewal of the contractor’s registration.
The application must—
be in the specified form;
be accompanied by the prescribed fee; and
be submitted to the Building Authority not more than 4 months but not less than 28 days prior to the expiry of the registration.
If a registered minor works contractor makes an application for the renewal of the contractor’s registration under subsection (1) and—
the application or any part of the application is allowed under section 15(2)(a) or (b) or (2B)(a) or (b) after the expiry of the registration; or (L.N. 113 of 2009)
the registration expires before the date specified in the notice under section 15(5)(b) on which the registration or any part of the registration ceases to be valid,
subject to any relevant disciplinary order, the registration or part of the registration continues to be in force after its expiry until the date on which it is allowed or ceases to be valid.
The Building Authority may—
require the applicant to provide any information and documentary proof that the Authority considers necessary for determining the application; and
refuse the application if the information or proof is not provided.
The Building Authority may refer, either in whole or in part, an application under section 14(1) to a Registration Committee for recommendation if the Authority considers it appropriate to do so after taking into account—
the nature of the type or types of minor works under one or more classes to which the application relates; or
any matter that is relevant for determining whether the applicant complies with the requirements set out in subsection (3). (L.N. 113 of 2009)
If the Building Authority does not refer the application to a Registration Committee, the Authority must, within 3 months from receiving the application—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application. (L.N. 113 of 2009)
If the Building Authority considers it appropriate to refer the application to a Registration Committee, the Authority must direct the Committee to meet, within 3 months from receiving the application, to consider the application. (L.N. 113 of 2009)
If the Building Authority refers an application to a Registration Committee, the Authority must, within 3 months from the meeting of the Committee at which the application is considered—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application. (L.N. 113 of 2009)
The Building Authority must not allow an application under subsection (2)(a) or (b) or (2B)(a) or (b) unless the Authority is satisfied that the applicant complies with the applicable requirements for registration set out in section 11(2) and (3) or 12(5) and (6). (L.N. 113 of 2009)
If the Building Authority allows an application under subsection (2)(a) or (b) or (2B)(a) or (b), the Authority must— (L.N. 113 of 2009)
amend the entry in respect of the applicant in the register to reflect the renewal; and
issue a certificate of registration to the applicant endorsed with information identifying the item or items of class III minor works, or the type or types of minor works under one or more classes, for which the applicant is registered. (L.N. 60 of 2020)
If the Building Authority refuses an application under subsection (2)(b) or (c) or (2B)(b) or (c), the Authority must— (L.N. 113 of 2009)
give reasons for the decision in writing to the applicant; and
specify in the written notice the date, which must not be earlier than the expiry of the existing registration, on which the registration or part of the registration will cease to be valid.
Subject to section 14(3) and any relevant disciplinary order, a registration renewed under section 15 expires on the third anniversary of the expiry date of the previous registration.
The Building Authority must remove the name of a registered minor works contractor from the register if the Authority—
does not receive an application by the contractor for the renewal of registration in accordance with section 14; or
has refused an application for the renewal of the registration concerned under section 15(2)(c) or (2B)(c) and given a notice under section 15(5) to the contractor. (L.N. 113 of 2009)
The removal of a name under subsection (1)(a) is effective immediately after the expiry of the registration.
The removal of a name under subsection (1)(b) is effective on the date specified in the notice under section 15(5)(b).
A person whose name is removed under section 17(1) may, within 2 years from the expiry of the registration concerned, apply to the Building Authority for the restoration of the person’s name to the register.
The application must—
be in the specified form; and
be accompanied by the prescribed fee.
The Building Authority may—
require the applicant to provide any information and documentary proof that the Authority considers necessary for determining the application; and
refuse the application if the information or proof is not provided.
The Building Authority may refer, either in whole or in part, an application under section 18(1) to a Registration Committee for recommendation if the Authority considers it appropriate to do so after taking into account—
the nature of the type or types of minor works under one or more classes to which the application relates; or
any matter that is relevant for determining whether the applicant complies with the requirements set out in subsection (3). (L.N. 113 of 2009)
If the Building Authority does not refer the application to a Registration Committee, the Authority must, within 3 months from receiving the application—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application. (L.N. 113 of 2009)
If the Building Authority considers it appropriate to refer the application to a Registration Committee, the Authority must direct the Committee to meet, within 3 months from receiving the application, to consider the application. (L.N. 113 of 2009)
If the Building Authority refers an application to a Registration Committee, the Authority must, within 3 months from the meeting of the Committee at which the application is considered—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application. (L.N. 113 of 2009)
The Building Authority must not allow an application under subsection (2)(a) or (b) or (2B)(a) or (b) unless the Authority is satisfied that the applicant complies with the applicable requirements for registration set out in section 11(2) and (3) or 12(5) and (6). (L.N. 113 of 2009)
If the Building Authority allows an application under subsection (2)(a) or (b) or (2B)(a) or (b), the Authority must— (L.N. 113 of 2009)
enter the applicant’s name in the register together with—
information identifying the item or items of class III minor works, or the type or types of minor works under one or more classes, for which the applicant is registered; and
if the applicant is registered for one or more types of minor works under one or more classes, the name of the authorized signatory of the applicant for each type of minor works under each class for which the applicant is registered; and
issue a certificate of registration to the applicant endorsed with information identifying the item or items of class III minor works, or the type or types of minor works under one or more classes, for which the applicant is registered. (L.N. 60 of 2020)
If the Building Authority refuses an application under subsection (2)(b) or (c) or (2B)(b) or (c), the Authority must give reasons for the decision in writing to the applicant. (L.N. 113 of 2009)
Subject to section 14(3) and any relevant disciplinary order, the registration of a person whose name is restored under section 19 to the register expires on the third anniversary of the date of restoration.
A registered minor works contractor who is registered under section 11 may apply to the Building Authority for the addition to the contractor’s registration of one or more additional items of class III minor works.
A registered minor works contractor who is registered under section 12 may apply to the Building Authority for the addition to the contractor’s registration of—
one or more additional types of minor works under one or more classes; or
one or more additional classes of minor works of the type or types for which the contractor is registered.
An application under subsection (1) or (2) must—
be in the specified form; and
be accompanied by the prescribed fee.
In the case of an application under subsection (2), the applicant must, in respect of each type of minor works under each class to which the application relates, nominate in the application form at least one individual who is proposed to be an authorized signatory of the applicant to act for it for the purposes of the Ordinance on the addition of that type or class of minor works to its registration.
The Building Authority may—
require the applicant to provide any information and documentary proof that the Authority considers necessary for determining the application; and
refuse the application if the information or proof is not provided.
The Building Authority must, within 3 months from receiving an application under section 21(1)—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
The Building Authority must not allow an application under subsection (1)(a) or (b) unless the Authority is satisfied that—
the applicant—
is registered under the Construction Workers Registration Ordinance (Cap. 583) as a registered skilled worker for a designated trade division which is relevant to the item or items of class III minor works to which the application relates; or (22 of 2014 s. 44)
has the qualifications and experience specified by the Authority;
the applicant has the ability and skills to personally carry out the item or items of class III minor works to which the application relates; and
the applicant is suitable for registration in the register for the item or items of class III minor works to which the application relates.
In deciding whether the applicant is suitable for registration in the register for the purposes of subsection (2)(c), the Building Authority must take into account—
whether the applicant has any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
whether any disciplinary order has been made against the applicant.
If the Building Authority allows an application under subsection (1)(a) or (b), the Authority must—
amend the entry in respect of the applicant in the register by adding information identifying the additional item or items of class III minor works for which the applicant is registered;
issue a new certificate of registration to the applicant to replace the applicant’s existing certificate of registration; and
endorse on the new certificate of registration information identifying the items of class III minor works for which the applicant is registered. (L.N. 60 of 2020)
If the Building Authority refuses an application under subsection (1)(b) or (c), the Authority must give reasons for the decision in writing to the applicant.
The Building Authority may refer, either in whole or in part, an application under section 21(2) to a Registration Committee for recommendation if the Authority considers it appropriate to do so after taking into account—
the nature of the type or types of minor works under one or more classes to which the application relates; or
any matter that is relevant for determining whether the applicant complies with the requirements set out in subsections (5) and (6). (L.N. 113 of 2009)
If the Building Authority does not refer the application to a Registration Committee, the Authority must, within 3 months from receiving the application—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
If the Building Authority considers it appropriate to refer the application to a Registration Committee, the Authority must direct the Committee to meet, within 3 months from receiving the application, to consider the application. (L.N. 113 of 2009)
If the Building Authority refers an application to a Registration Committee, the Authority must, within 3 months from the meeting of the Committee at which the application is considered— (L.N. 113 of 2009)
allow the application;
allow the application in part and refuse the remaining part;
refuse the application; or
defer the determination of the application for a period not exceeding 6 months, and—
refer the application again to a Registration Committee for recommendation after that period on the request of the applicant; and
direct the Committee to meet, within 3 months from receiving the request, to consider the application. (L.N. 113 of 2009)
The Building Authority must not allow an application under subsection (3)(a) or (b) unless the Registration Committee so recommends.
The Building Authority must not allow an application under subsection (2)(a) or (b) or (3)(a) or (b) unless the Authority is satisfied that—
in respect of each type of minor works under each class to which the application relates, at least one individual nominated under section 21(4) for that type of minor works—
has the qualifications and experience specified by the Authority; and
has the ability to understand that type of minor works through relevant experience and a general knowledge of the basic statutory requirements;
the applicant has access to plants and resources;
if the applicant is a corporation—
its management structure is adequate; and
at least one of its directors has the qualifications and experience specified by the Authority; and
the applicant is suitable for registration in the register for the type or types of minor works under one or more classes to which the application relates.
In deciding whether the applicant is suitable for registration in the register for the purposes of subsection (5)(d), the Building Authority must take into account—
whether the applicant and the individual nominated under section 21(4) have any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
whether any disciplinary order has been made against the applicant or the individual.
If the Building Authority allows an application under subsection (2)(a) or (b) or (3)(a) or (b), the Authority must—
amend the entry in respect of the applicant in the register by—
adding information identifying the additional type or types of minor works under one or more classes for which the applicant is registered; and
entering the name of the authorized signatory of the applicant for each additional type of minor works under each class for which the applicant is registered;
issue a new certificate of registration to the applicant to replace the applicant’s existing certificate of registration; and
endorse on the new certificate of registration information identifying the type or types of minor works under one or more classes for which the applicant is registered. (L.N. 60 of 2020)
If the Building Authority—
refuses an application under subsection (2)(b) or (c) or (3)(b) or (c); or
defers the determination of an application under subsection (3)(d),
the Authority must give reasons for the decision in writing to the applicant.
A registered minor works contractor who is registered under section 12 may apply to the Building Authority for approval of the nomination of an additional individual as its authorized signatory to act for it for the purposes of the Ordinance for one or more types of minor works under one or more classes for which the contractor is registered.
The application must—
be in the specified form; and
be accompanied by the prescribed fee.
The Building Authority may—
require the applicant to provide any information and documentary proof that the Authority considers necessary for determining the application; and
refuse the application if the information or proof is not provided.
The Building Authority may refer, either in whole or in part, an application under section 24(1) to a Registration Committee for recommendation if the Authority considers it appropriate to do so after taking into account—
the nature of the type or types of minor works under one or more classes to which the application relates; or
any matter that is relevant for determining whether the applicant complies with the requirements set out in subsections (5) and (6). (L.N. 113 of 2009)
If the Building Authority does not refer the application to a Registration Committee, the Authority must, within 3 months from receiving the application—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
If the Building Authority considers it appropriate to refer the application to a Registration Committee, the Authority must direct the Committee to meet, within 3 months from receiving the application, to consider the application. (L.N. 113 of 2009)
If the Building Authority refers an application to a Registration Committee, the Authority must, within 3 months from the meeting of the Committee at which the application is considered— (L.N. 113 of 2009)
allow the application;
allow the application in part and refuse the remaining part;
refuse the application; or
defer the determination of the application for a period not exceeding 6 months, and—
refer the application again to a Registration Committee for recommendation after that period on the request of the applicant; and
direct the Committee to meet, within 3 months from receiving the request, to consider the application. (L.N. 113 of 2009)
The Building Authority must not allow an application under subsection (3)(a) or (b) unless the Registration Committee so recommends.
The Building Authority must not allow an application under subsection (2)(a) or (b) or (3)(a) or (b) unless the Authority is satisfied that, in respect of the type or types of minor works under one or more classes for which the individual concerned is nominated, the individual—
has the qualifications and experience specified by the Authority;
has the ability to understand the type or types of minor works through relevant experience and a general knowledge of the basic statutory requirements; and
is suitable to act for the applicant for the purposes of the Ordinance as its authorized signatory.
In deciding whether the individual concerned is suitable to act for the applicant for the purposes of subsection (5)(c), the Building Authority must take into account—
whether the individual has any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
whether any disciplinary order has been made against the individual.
If the Building Authority allows an application under subsection (2)(a) or (b) or (3)(a) or (b), the Authority must enter in the register the name of the individual concerned as an authorized signatory of the applicant for the type or types of minor works under one or more classes for which the nomination is approved.
If the Building Authority—
refuses an application under subsection (2)(b) or (c) or (3)(b) or (c); or
defers the determination of an application under subsection (3)(d),
the Authority must give reasons for the decision in writing to the applicant.
A person who is aggrieved by—
a decision of the Building Authority to refuse the person’s application under section 11, 12, 15, 19, 22, 23, 25 or 65;
a decision of the Building Authority to defer the determination of the person’s application under section 12, 23 or 25; or
a recommendation of a Registration Committee made in respect of the person’s application for the purposes of section 12, 15, 19, 23 or 25,
may request a Registration Committee to review the decision or recommendation.
The request must—
be in the specified form;
be accompanied by the prescribed fee;
state the substance of the matter and reasons for requesting the review; and
be submitted to the Building Authority within 28 days from the date on which the reasons for the decision, or the decision to which the recommendation relates, were given to the person under section 11(5), 12(8), 15(5)(a), 19(5), 22(5), 23(8), 25(8) or 65(6).
The request does not affect the operation of the decision or the effect of the recommendation.
On receiving the request, the Building Authority must direct a Registration Committee to meet, within 3 months from receiving the request, to review the decision or recommendation.
The Registration Committee must not consist of any member who has considered the application to which the decision or recommendation relates.
In reviewing the decision or recommendation, the Registration Committee may consider any information or documentary proof that was not provided to the Building Authority or the Registration Committee concerned when the decision or recommendation was made.
The Registration Committee may advise the Building Authority to—
confirm the decision, or the decision to which the recommendation relates; or
substitute the decision, or the decision to which the recommendation relates, with such other decision as the Committee thinks fit.
Within 3 months from receiving the advice of the Registration Committee in respect of the request, the Building Authority must—
having regard to the advice—
confirm the decision; or
subject to subsection (9), substitute the decision with such other decision as the Authority thinks fit; and
notify the person making the request in writing of—
the advice of the Committee and the reasons for the advice; and
the decision of the Authority under paragraph (a) and the reasons for the decision.
The Building Authority may make a decision to allow the application to which the request relates only if the Registration Committee so advises.
A person who is aggrieved by any advice of a Registration Committee, or a decision of the Building Authority, made in respect of the person’s request under section 26 may appeal to the Court of First Instance.
The practice for the appeal is subject to any rules of court made under the High Court Ordinance (Cap. 4).
(Division 6 replaced L.N. 113 of 2009)
(Division 7 added L.N. 60 of 2020)
Subject to sections 11(4)(a), 12(7)(a), 15(4)(a), 17(1), 19(4)(a), 22(4)(a), 23(7)(a) and 25(7), the Building Authority may amend the register—
in circumstances that necessitate an amendment to the register; and
in any way the Authority considers appropriate.
Subject to sections 11(4)(c), 12(7)(c), 15(4)(b), 19(4)(b), 22(4)(b) and (c) and 23(7)(b) and (c), the Building Authority may—
issue a new certificate of registration to a registered minor works contractor to replace the contractor’s existing certificate of registration in circumstances that necessitate a replacement; and
issue the new certificate in any way the Authority considers appropriate.
For the purposes of section 4A of the Ordinance, the following prescribed building professionals are required to be appointed in respect of class I minor works—
an authorized person, or, if the works are a prescribed repair or any associated demolition works, a registered inspector assuming the role of an authorized person in respect of the works; (L.N. 148 of 2011)
if the works involve any structural elements, a registered structural engineer; and
if the works involve any geotechnical elements, a registered geotechnical engineer.
For the purposes of section 9AA of the Ordinance, the following prescribed registered contractor is required to be appointed in respect of class I minor works, class II minor works or class III minor works—
a registered general building contractor;
if the works fall within the description of item 1.2, 1.5, 1.9, 1.10, 1.24, 1.30, 1.32, 1.33, 1.34, 1.37, 1.38, 1.39, 1.40, 2.1, 2.2, 2.4, 2.9, 2.12, 2.24, 2.25, 2.26, 2.27, 2.31, 2.32, 2.37, 2.38, 2.39, 2.40, 2.63, 2.64, 2.65, 2.66, 2.67, 3.1, 3.2, 3.4, 3.5, 3.7, 3.8, 3.18, 3.19, 3.20, 3.21, 3.22, 3.24, 3.26, 3.30, 3.32, 3.33, 3.43, 3.49, 3.63, 3.64, 3.65 or 3.66 of Part 3 of Schedule 1, a registered specialist contractor whose name is entered in the demolition works category in the specialist contractors sub-register;
if the works fall within the description of item 1.11, 1.12, 2.10, 2.11 or 3.53 of Part 3 of Schedule 1, a registered specialist contractor whose name is entered in the site formation works category in the specialist contractors sub-register;
if the works fall within the description of item 1.11, 1.12, 2.10 or 2.11 of Part 3 of Schedule 1, a registered specialist contractor whose name is entered in the foundation works category in the specialist contractors sub-register;
if the works fall within the description of item 1.12 or 2.11 of Part 3 of Schedule 1, a registered specialist contractor whose name is entered in the ground investigation field works category in the specialist contractors sub-register;
if the works fall within the description of item 1.46, 1.51, 2.42 or 2.46 of Part 3 of Schedule 1, a registered specialist contractor whose name is entered in the ventilation works category in the specialist contractors sub-register; or (L.N. 60 of 2020)
a registered minor works contractor who is registered for the type or item of minor works to be carried out. (L.N. 60 of 2020)
In this Part, a reference to a prescribed building professional appointed under section 27 includes a prescribed building professional nominated to act in the place of another prescribed building professional under section 4A(5) of the Ordinance.
Not less than 7 days before the commencement of any class I minor works, the authorized person or registered inspector appointed under section 27 in respect of the works must submit to the Building Authority— (L.N. 148 of 2011)
a notification in the specified form, in which—
the person who arranged for the works to be carried out has specified the name of each person appointed as a prescribed building professional under section 27 and as a prescribed registered contractor under section 28 (appointed person) in respect of the works;
each appointed person has confirmed the appointment;
the authorized person or registered inspector has confirmed the date on which the works are to be commenced; (L.N. 148 of 2011)
if the works comprise repairs, alterations or additions to any building, the authorized person or registered inspector and registered structural engineer (if any) appointed under section 27 in respect of the works have certified that, after inspecting the building, they are of the opinion that the building is capable of bearing the loads and stresses which may be increased or altered in any way as a result of the works; and (L.N. 148 of 2011)
if the works involve the erection of a signboard, the person for whom the signboard is to be erected has provided the particulars of the person as required by the Authority;
photographs showing the physical condition of the premises where the works are to be carried out;
prescribed plans and details of the works; and
if required by the technical memorandum, a supervision plan.
Within 14 days after the date of completion of any class I minor works other than demolition works, the authorized person or registered inspector appointed under section 27 in respect of the works must submit to the Building Authority— (L.N. 148 of 2011)
if the works as completed are different from those shown in the prescribed plans and details referred to in section 30(c), the revised prescribed plans and details showing the works as completed;
photographs showing the works as completed; and
a certificate in the specified form, in which—
each prescribed building professional appointed under section 27 and the prescribed registered contractor appointed under section 28 in respect of the works have certified that the works have been carried out in accordance with the Ordinance and the prescribed plans and details referred to in paragraph (a) or section 30(c);
the authorized person or registered inspector has confirmed the date on which the works were completed; (L.N. 148 of 2011)
the authorized person or registered inspector has certified that the works are, in the opinion of the person or inspector, structurally safe; (L.N. 148 of 2011; L.N. 182 of 2011)
if a registered structural engineer has been appointed under section 27 in respect of the works, the engineer has certified that the works are structurally safe in the opinion of the engineer; and
if a registered geotechnical engineer has been appointed under section 27 in respect of the works, the engineer has certified that the works are geotechnically safe in the opinion of the engineer.
Within 14 days after the date of completion of any class I minor works that are demolition works, the authorized person or registered inspector appointed under section 27 in respect of the works must submit to the Building Authority— (L.N. 148 of 2011)
if the works as completed are different from those shown in the prescribed plans and details referred to in section 30(c), the revised prescribed plans and details showing the works as completed;
photographs showing the works as completed; and
a certificate in the specified form, in which—
each prescribed building professional appointed under section 27 and the prescribed registered contractor appointed under section 28 in respect of the works have certified that the works have been carried out in accordance with the Ordinance and the prescribed plans and details referred to in paragraph (a) or section 30(c);
the authorized person or registered inspector has confirmed the date on which the works were completed; (L.N. 148 of 2011)
the authorized person or registered inspector has certified that any land or street affected by the works has an adequate margin of safety and any structure remaining on the premises is, in the opinion of the person or inspector, structurally safe; (L.N. 148 of 2011; L.N. 182 of 2011)
if a registered structural engineer has been appointed under section 27 in respect of the works, the engineer has certified that any land or street affected by the works has an adequate margin of safety and any structure remaining on the premises is structurally safe in the opinion of the engineer; and
if a registered geotechnical engineer has been appointed under section 27 in respect of the works, the engineer has certified that any land or street affected by the works has an adequate margin of safety and any structure remaining on the premises is geotechnically safe in the opinion of the engineer.
Not less than 7 days before the commencement of any class II minor works, the prescribed registered contractor appointed under section 28 in respect of the works must submit to the Building Authority—
a notification in the specified form, in which—
the person who arranged for the works to be carried out has specified the contractor as the prescribed registered contractor appointed under section 28 in respect of the works;
the contractor has confirmed the appointment and the date on which the works are to be commenced;
if the works comprise repairs, alterations or additions to any building, the contractor has certified that, after inspecting the building, the contractor is of the opinion that the building is capable of bearing the loads and stresses which may be increased or altered in any way as a result of the works; and
if the works involve the erection of a signboard, the person for whom the signboard is to be erected has provided the particulars of the person as required by the Authority;
photographs showing the physical condition of the premises where the works are to be carried out; and
prescribed plans and details of the works.
Within 14 days after the date of completion of any class II minor works other than demolition works, the prescribed registered contractor appointed under section 28 in respect of the works must submit to the Building Authority—
if the works as completed are different from those shown in the prescribed plans and details referred to in section 33(c), the revised prescribed plans and details showing the works as completed;
photographs showing the works as completed; and
a certificate in the specified form, in which the contractor—
has certified that the works have been carried out in accordance with the Ordinance and the prescribed plans and details referred to in paragraph (a) or section 33(c);
has confirmed the date on which the works were completed; and
has certified that the works are structurally safe in the opinion of the contractor.
Within 14 days after the date of completion of any class II minor works that are demolition works, the prescribed registered contractor appointed under section 28 in respect of the works must submit to the Building Authority—
if the works as completed are different from those shown in the prescribed plans and details referred to in section 33(c), the revised prescribed plans and details showing the works as completed;
photographs showing the works as completed; and
a certificate in the specified form, in which the contractor—
has certified that the works have been carried out in accordance with the Ordinance and the prescribed plans and details referred to in paragraph (a) or section 33(c);
has confirmed the date on which the works were completed; and
has certified that any land or street affected by the works has an adequate margin of safety and any structure remaining on the premises is structurally safe in the opinion of the contractor.
Within 14 days after the date of completion of any class III minor works, the prescribed registered contractor appointed under section 28 in respect of the works must submit to the Building Authority—
a notification in the specified form, in which—
the person who arranged for the works to be carried out has specified the contractor as the prescribed registered contractor appointed under section 28 in respect of the works;
the contractor has confirmed the appointment and the dates on which the works were commenced and completed;
the contractor has certified that the works have been carried out in accordance with the Ordinance and the plans or description of works referred to in paragraph (b);
if the contractor is a registered minor works contractor registered under section 11, the contractor has certified that the contractor has personally carried out the works; and
if the works involve the erection of a signboard, the person for whom the signboard is to be erected has provided the particulars of the person as required by the Authority;
the plans or description of works showing the works as completed; and
photographs showing the physical condition of the premises immediately before the commencement and after the completion of the works.
All prescribed plans and details of class I minor works required to be submitted under this Part must be prepared and signed by—
in the case of foundation plans, structural details or calculations for—
any class I minor works specified in subsection (4), the authorized person or registered structural engineer appointed under section 27 in respect of the works;
any class I minor works other than those specified in subsection (4), the registered structural engineer appointed under section 27 in respect of the works;
in the case of geotechnical plans, geotechnical assessment, geotechnical details or calculations and geotechnical reports, the registered geotechnical engineer appointed under section 27 in respect of the works;
in any other case, the authorized person or registered inspector appointed under section 27 in respect of the works. (L.N. 148 of 2011)
All prescribed plans and details of class II minor works and plans of class III minor works required to be submitted under this Part must be prepared and signed by the prescribed registered contractor appointed under section 28 in respect of the works.
The person who has signed the prescribed plans and details or plans under subsection (1) or (2) is regarded as having agreed to assume all responsibilities under the Ordinance regarding the prescribed plans and details or plans.
Class I minor works that satisfy the following criteria are specified for the purposes of subsection (1)(a)—
the height of the construction does not exceed 10 m;
the span of any structural element of the construction does not exceed 6 m;
the structural elements are constructed of timber, masonry, steel, plain concrete or reinforced concrete;
the foundations of the construction are of the spread footing type with a ground bearing pressure not exceeding 300 kPa and founded at not more than 2 m below existing ground level; and
there is no structural alteration to any existing structural elements designed by a registered structural engineer.
Every plan and section of minor works required to be submitted under this Part must be drawn to a ratio of not less than 1:100.
Every block plan of minor works required to be submitted under this Part must be drawn to a ratio of not less than 1:500.
Every plan of minor works required to be submitted under this Part must be drawn or reproduced— (L.N. 223 of 2021)
in a clear and intelligible manner; and
if submitted in hard copy form—on a suitable and durable material. (L.N. 223 of 2021)
Every plan of minor works required to be submitted under this Part must be so coloured as to clearly differentiate—
existing works from new works; and
one part of any new works from the other parts of the new works.
In this section—
hard copy form (印本形式) means a paper form or similar form capable of being read without the aid of any equipment. (L.N. 223 of 2021)This Part applies only to minor works commenced or carried out under the simplified requirements.
In this Division, a reference to a prescribed building professional appointed under section 27 includes a prescribed building professional nominated to act in the place of another prescribed building professional under section 4A(5) of the Ordinance.
An authorized person or registered inspector appointed under section 27 in respect of any class I minor works must give such periodical supervision and make such inspections as may be necessary to ensure that— (L.N. 148 of 2011)
the works are carried out in general accordance with—
the Ordinance; and
any order made or condition imposed in relation to the works by the Building Authority under the Ordinance; and
there is no material divergence or deviation from the prescribed plans and details submitted in respect of the works under section 30(c).
A registered structural engineer appointed under section 27 in respect of any class I minor works must give such periodical supervision and make such inspections as may be necessary to ensure that—
the structural works are carried out in general accordance with—
the Ordinance; and
any order made or condition imposed in relation to the minor works by the Building Authority under the Ordinance; and
there is no material divergence or deviation from the prescribed plans and details submitted in respect of the structural works under section 30(c).
A registered geotechnical engineer appointed under section 27 in respect of any class I minor works must give such periodical supervision and make such inspections as may be necessary to ensure that—
the geotechnical works are carried out in general accordance with—
the Ordinance; and
any order made or condition imposed in relation to the minor works by the Building Authority under the Ordinance; and
there is no material divergence or deviation from the prescribed plans and details submitted in respect of the geotechnical works under section 30(c).
This section does not apply to a registered minor works contractor who is registered under section 11.
A prescribed registered contractor appointed under section 28 in respect of any minor works must, during the carrying out of the works, give continuous supervision to the carrying out of the works to ensure that—
the works are carried out in accordance with—
the Ordinance; and
any order made or condition imposed in relation to the works by the Building Authority under the Ordinance; and
in the case of class I minor works or class II minor works, there is no material divergence or deviation from the prescribed plans and details submitted in respect of the works under section 30(c) or 33(c).
A prescribed registered contractor appointed under section 28 in respect of any minor works must—
keep records of activities and information relevant to the supervision of the works; and
retain the records and information for at least 12 months after the completion of the works.
A registered minor works contractor registered under section 11 who is appointed under section 28 in respect of any class III minor works must—
carry out the works personally; and
ensure that the works are carried out in accordance with—
the Ordinance; and
any order made or condition imposed in relation to the works by the Building Authority under the Ordinance.
If the technical memorandum requires a prescribed building professional appointed under section 27 or a prescribed registered contractor appointed under section 28 in respect of any class I minor works to appoint any technically competent persons to supervise the carrying out of the works, the professional or contractor must—
appoint an appropriate number of technically competent persons to give such supervision as may be required under the supervision plan submitted under section 30(d) or 48(2)(b) or (3)(b) on each site for which the professional or contractor is appointed;
not less than 7 days before the commencement of the works, notify the Building Authority in writing of the appointment under paragraph (a); and
provide the Building Authority with the particulars, qualifications and experience of the persons appointed under paragraph (a) as required by the Authority.
If there is any change in an appointment made under subsection (1)(a), the person who made the appointment must—
within 7 days after the date of the change, notify the Building Authority in writing of that fact; and
if the change involves the appointment of another technically competent person under subsection (1)(a), provide the Building Authority with the particulars, qualifications and experience of the person as required by the Authority.
The Building Authority may reject the appointment of any technically competent person under section 45(1)(a) if the Authority is not satisfied that the qualifications or experience of the person is sufficient for performing the duties required of the person under the supervision plan submitted under section 30(d) or 48(2)(b) or (3)(b).
If an appointment is rejected under subsection (1), the Building Authority must—
notify the person who made the appointment of the rejection by sending a notice by registered post to the last known address of the person; and
specify the date of rejection in the notice.
An appointment rejected under subsection (1) ceases to have effect from the date specified under subsection (2)(b).
If the appointment of any technically competent person under section 45(1)(a) is terminated or ceases to have effect under section 46(3), the person who made the appointment must not commence or, if the works have already commenced, must cease the carrying out of any part of the minor works that is under the supervision of the technically competent person until another technically competent person is appointed under section 45(1)(a) in respect of the part.
This section applies if—
a notification of the appointment of a prescribed building professional or prescribed registered contractor (original appointed person) has been submitted under section 30(a) or 33(a);
the original appointed person—
is unable to act, whether by reason of the termination of the appointment or for any other reason; or
is unwilling to act; and
another person (new appointed person) is appointed under section 27 or 28 in the place of the original appointed person.
If the minor works concerned are class I minor works and the new appointed person is not an authorized person or registered inspector appointed under section 27 in respect of the works, the authorized person or registered inspector appointed under section 27 in respect of the works must, within 7 days after the date of the appointment, submit to the Building Authority— (L.N. 148 of 2011)
a notification in the specified form, in which—
the person who arranged for the works to be carried out has specified the new appointed person as a person appointed under section 27 or 28 in the place of the original appointed person; and
the new appointed person has confirmed the appointment; and
if required by the technical memorandum, a revised supervision plan.
If the minor works concerned are class I minor works and the new appointed person is an authorized person or registered inspector appointed under section 27 in respect of the works, the new appointed person must, within 7 days after the date of the appointment, submit to the Building Authority— (L.N. 148 of 2011)
a notification in the specified form, in which—
the person who arranged for the works to be carried out has specified the new appointed person as a person appointed under section 27 in the place of the original appointed person; and
the new appointed person has confirmed the appointment; and
if required by the technical memorandum, a revised supervision plan.
If the minor works concerned are class II minor works, the prescribed registered contractor appointed as the new appointed person must, within 7 days after the date of the appointment, submit to the Building Authority a notification in the specified form, in which—
the person who arranged for the works to be carried out has specified the contractor as a person appointed under section 28 in the place of the original appointed person; and
the contractor has confirmed the appointment.
If a prescribed building professional (nominator) appointed under section 27 in respect of any class I minor works has nominated another prescribed building professional (nominee) under section 4A(5) of the Ordinance to act in the place of the nominator, the nominator must, within 7 days after the date of the nomination, submit to the Building Authority a notification in the specified form, in which—
the nominator has specified the nominee as a person nominated under section 4A(5) of the Ordinance; and
both the nominator and the nominee have confirmed the nomination.
If a prescribed building professional appointed under section 27 or nominated under section 4A(5) of the Ordinance in respect of any class I minor works ceases to be appointed or nominated, the professional must, within 7 days after the date of the cessation, notify the Building Authority in writing of that fact.
If a prescribed registered contractor appointed under section 28 in respect of any class I minor works ceases to be appointed, the contractor must, within 7 days after the date of the cessation—
deliver to the authorized person or registered inspector appointed under section 27 or nominated under section 4A(5) of the Ordinance in respect of the works a notice, in the specified form, of that fact; and (L.N. 148 of 2011)
certify in the notice that the works carried out by the contractor have been carried out in accordance with the Ordinance.
If a prescribed registered contractor appointed under section 28 in respect of any class II minor works ceases to be appointed, the contractor must, within 7 days after the date of the cessation—
submit to the Building Authority a notice, in the specified form, of that fact; and
certify in the notice that the works carried out by the contractor have been carried out in accordance with the Ordinance.
Any authorized person or registered inspector appointed under section 27 or nominated under section 4A(5) of the Ordinance in respect of any class I minor works must, within 7 days after the date of receipt of any notice delivered to the authorized person or registered inspector under section 51(1), submit the notice to the Building Authority.
If—
a prescribed building professional appointed under section 27 in respect of any class I minor works has, during the carrying out of the works, become unable or unwilling to act; and
no one is nominated to act in the place of the professional,
the prescribed registered contractor appointed under section 28 in respect of the works must cease the carrying out of the works until another prescribed building professional is appointed under section 27 in respect of the works.
If a prescribed registered contractor appointed under section 28 in respect of any class I minor works has, during the carrying out of the works, become unable or unwilling to act, the prescribed building professional appointed under section 27 in respect of the works must cease the carrying out of the works until another prescribed registered contractor is appointed under section 28 in respect of the works.
In this Division, a reference to a prescribed building professional appointed under section 27 includes a prescribed building professional nominated to act in the place of another prescribed building professional under section 4A(5) of the Ordinance.
An authorized person or registered inspector appointed under section 27 in respect of any class I minor works must deliver to a prescribed registered contractor appointed under section 28 in respect of the works— (L.N. 148 of 2011)
a copy of the prescribed plans and details submitted under section 30(c); and
if required by the technical memorandum, a copy of the supervision plan submitted under section 30(d) or 48(2)(b) or (3)(b).
If a prescribed building professional appointed under section 27 or a prescribed registered contractor appointed under section 28 in respect of any minor works has prepared any plans or documents which have been submitted to the Building Authority under this Part or Part 6, the professional or contractor must provide to the Authority such information as the Authority may require with regard to the works.
A prescribed registered contractor appointed under section 28 in respect of any class I minor works or class II minor works must—
keep on the site on which the works are carried out copies of all prescribed plans and details submitted under section 30(c) or 33(c) and all supervision plans (if any) submitted under section 30(d) or 48(2)(b) or (3)(b); and
produce the copies to the Building Authority at such time as the Authority may require.
Any person who, without reasonable excuse, contravenes section 30, 31, 32, 33, 34, 35 or 36 commits an offence and is liable on conviction to a fine at level 5.
The Building Authority may at any reasonable time inspect the records and information required to be kept under section 43(3).
The imposition of duties by this Regulation on—
any prescribed building professional—
appointed under section 27; or
nominated under section 4A(5) of the Ordinance; or
any prescribed registered contractor appointed under section 28,
is without prejudice to any duties imposed on the professional or contractor by any other provision of the Ordinance or any other enactment.
An acknowledgment of receipt of any plan or other documents in respect of any minor works by the Building Authority does not—
confer any title to land;
constitute a waiver of any term in any lease or licence; or
grant any exemption from, or permit any contravention of, any provision of the Ordinance or any other enactment.
For the purposes of the definition of prescribed building or building works given by section 39C(6)(b)(i) of the Ordinance in relation to section 39C(1) of the Ordinance, the building or building works specified in Part 2 of Schedule 3 are prescribed as prescribed building or building works. (24 of 2012 s. 10)
For the purposes of section 39C(2) of the Ordinance, in relation to any building or building works prescribed under subsection (1), the following person is to be appointed to inspect the building or building works—
an authorized person;
a registered structural engineer;
a registered inspector; (L.N. 148 of 2011)
a registered general building contractor; or
a registered minor works contractor who is registered for—
type A minor works under class I, class II or class III;
type E minor works under class I, class II or class III; or
item 3.25, 3.27, 3.29, 3.34, 3.35, 3.36, 3.37, 3.38 or 3.50 of class III minor works.
For the purposes of section 39C(3) of the Ordinance, the person appointed under section 39C(2) of the Ordinance and subsection (2) (appointed person) must, within 14 days after the completion of the inspection, submit to the Building Authority— (L.N. 93 of 2021)
a notification in the specified form, in which—
the person who arranged for the inspection to be carried out has specified the appointed person as the person appointed under section 39C(2) of the Ordinance and subsection (2) in respect of the inspection; (L.N. 93 of 2021)
the appointed person has confirmed the appointment and the date on which the building or building works were inspected; and
the appointed person has certified that the building or building works are structurally safe in the opinion of the person and comply with the Ordinance (except section 14(1) of the Ordinance and regulation 25 of the Building (Administration) Regulations (Cap. 123 sub. leg. A)); and
photographs and description showing the physical condition of the building or building works as inspected.
For the purposes of the definition of prescribed building or building works in section 39C(6)(b)(ii) of the Ordinance (which relates to section 39C(1A) of the Ordinance (relevant provision)), if any building or building works are of a type specified in Part 3 or 4 of Schedule 3, the building or building works are prescribed building or building works to which the relevant provision applies (relevant construction). (L.N. 93 of 2021)
The date prescribed for the purposes of section 39C(1A)(a) of the Ordinance is—
for any relevant construction that is of a type specified in Part 3 of Schedule 3—2 September 2013; and
for any relevant construction that is of a type specified in Part 4 of Schedule 3—1 September 2020. (L.N. 93 of 2021)
For the purposes of section 39C(2) of the Ordinance—
for a relevant construction falling within the description of an item of minor works under class I—
if the construction is a specified construction, an authorized person is to be appointed to inspect the construction; and
if the construction is not a specified construction, an authorized person and a registered structural engineer are to be appointed to inspect the construction; and
for a relevant construction falling within the description of an item of minor works under class II or class III—one of the following persons is to be appointed to inspect the construction—
an authorized person;
a registered structural engineer;
a registered inspector;
a registered general building contractor;
a registered minor works contractor who is registered for the item;
a registered minor works contractor who is registered for the type of minor works under the class that are the minor works described in the item. (L.N. 93 of 2021)
For section 39C(3) of the Ordinance, the person appointed under section 39C(2) of the Ordinance and subsection (3) (appointed person) must, within 14 days after the completion of the inspection, submit to the Building Authority— (L.N. 93 of 2021)
a notification in the specified form—
(if the relevant construction is a signboard) that contains the personal particulars and contact information of the person for whom the construction was erected, as provided by that person;
in which the person who arranged for the inspection to be carried out has specified the appointed person as the person appointed under section 39C(2) of the Ordinance and subsection (3) for the inspection;
in which the appointed person has confirmed the appointment and the date on which the relevant construction was inspected; and
in which the appointed person has certified that the relevant construction was structurally safe in the person’s opinion and complied with the Ordinance (except section 14(1) of the Ordinance and regulation 25 of the Building (Administration) Regulations (Cap. 123 sub. leg. A)); and
a photograph and description showing the physical condition of the relevant construction. (L.N. 93 of 2021)
For section 39C(1A)(c) of the Ordinance, if the relevant construction is a signboard and the requirements in section 39C(2), (3) and (4) of the Ordinance have been complied with in relation to it, the requirements must, within 5 years after the date of the compliance, be complied with in relation to the construction again. (L.N. 93 of 2021)
In subsection (3)(a)—
specified construction (指明建築結構) means a construction that satisfies all the criteria under section 37(4).In this Part, registered minor works contractor (provisional) (臨時註冊小型工程承建商) means a person whose name is for the time being on the provisional register of minor works contractors maintained under section 8A of the Ordinance.
Within 2 years after the commencement of this section, a person (other than a natural person) may apply to the Building Authority for registration as a registered minor works contractor (provisional) for one or more types of minor works under one or more classes.
The application must—
be in the specified form; and
be accompanied by the prescribed fee.
The applicant must, in respect of each type of minor works under each class to which the application relates, nominate in the application form at least one individual who is proposed to be an authorized signatory of the applicant to act for it for the purposes of the Ordinance on its registration as a registered minor works contractor (provisional).
The Building Authority may—
require the applicant to provide any information and documentary proof that the Authority considers necessary for determining the application; and
refuse the application if the information or proof is not provided.
Subject to subsection (2), the Building Authority must, within 30 days from receiving an application under section 64(1)—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
If the application under section 64(1) is for the registration as a registered minor works contractor (provisional) for any type or types of minor works under one or more classes including class I, the Building Authority must, within 60 days from receiving the application—
allow the application;
allow the application in part and refuse the remaining part; or
refuse the application.
The Building Authority must not allow an application under subsection (1)(a) or (b) or (2)(a) or (b) unless the Authority is satisfied that—
in respect of each type of minor works under each class to which the application relates, at least one individual nominated under section 64(3) for that type of minor works—
has the experience specified by the Authority; and
has the ability to understand that type of minor works through relevant experience and a general knowledge of the basic statutory requirements;
if the applicant is a corporation—
its management structure is adequate; and
at least one of its directors has the qualifications and experience specified by the Authority; and
the applicant is suitable for registration in the provisional register.
In deciding whether the applicant is suitable for registration in the provisional register for the purposes of subsection (3)(c), the Building Authority must take into account—
whether the applicant and the individual nominated under section 64(3) have any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
whether any disciplinary order has been made against the applicant or the individual.
If the Building Authority allows an application under subsection (1)(a) or (b) or (2)(a) or (b), the Authority must, on payment by the applicant of the prescribed fee—
enter the applicant’s name in the provisional register together with—
the particulars of the type or types of minor works under one or more classes for which the applicant is registered; and
the name of the authorized signatory of the applicant for each type of minor works under each class for which the applicant is registered;
publish the applicant’s name in the Gazette together with the particulars of the type or types of minor works under one or more classes for which the applicant is registered; and
issue a certificate of provisional registration to the applicant endorsed with the particulars of the type or types of minor works under one or more classes for which the applicant is registered.
If the Building Authority refuses an application under subsection (1)(b) or (c) or (2)(b) or (c), the Authority must give reasons for the decision in writing to the applicant.
The provisional registration of a person under section 65 expires—
subject to subsection (2) and any relevant disciplinary order, on the expiry of 2 years after the commencement of section 28;
on the date on which the person is registered as a registered minor works contractor under section 12,
whichever is the earliest.
If a registered minor works contractor (provisional) makes an application for registration under section 10(1)(b) 3 months prior to the expiry date of the provisional registration under section 65 and the validity of the provisional registration expires before the application is determined under section 12, the provisional registration continues to be in force after its expiry until the application is determined by the Building Authority under section 12.
(Part 11 added L.N. 60 of 2020)
In this Part—
2020 Amendment Regulation (《2020年修訂規例》) means the Building (Minor Works) (Amendment) Regulation 2020 (L.N. 60 of 2020); (E.R. 7 of 2020) amended item (經修訂項目)—see section 68(2); amended Regulation (《經修訂規例》) means this Regulation as amended by the 2020 Amendment Regulation; amended type of minor works (經修訂小型工程類型)—see section 79(2)(b); amendment date (修例日期) means 1 September 2020; amendment provision (修訂條文) means section 14 of the 2020 Amendment Regulation; covering item (更替項目)—see section 70(2); new class III item (新增第III級項目)—see section 69; pre-amended item (原有項目)—see section 68(1); pre-amended Regulation (《原有規例》) means this Regulation as in force immediately before the amendment date; pre-amended Schedule 1 (原有附表1) means Schedule 1 as in force immediately before the amendment date; pre-amended type of minor works (原有小型工程類型)—see section 79(2)(a); pre-existing registration (既有註冊) means a registration under the pre-amended Regulation that—(a)was in force before the amendment date; and(b)but for the amendment provision, would have been in force on or after that date; remaining period (尚餘有效期), in relation to a pre-existing registration, means the part of the validity period of the registration that falls on or after the amendment date; removal order (除名命令) means an order made under section 13(4)(a) of the Ordinance; repealed item (已廢除項目)—see section 70(1).An item of minor works in Part 3 of the pre-amended Schedule 1 that is specified in column 2 of Table A below is a pre-amended item.
A pre-amended item as amended by the amendment provision is, in relation to the pre-amended item, an amended item.
Table A
| Column 1 | Column 2 |
| Class I items | 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.15, 1.17, 1.25, 1.26, 1.27, 1.28, 1.30 and 1.36 |
| Class II items | 2.2, 2.4, 2.6, 2.7, 2.8, 2.10, 2.11, 2.13, 2.14, 2.15, 2.17, 2.22, 2.23, 2.28, 2.29, 2.31, 2.34 and 2.36 |
| Class III items | 3.2, 3.4, 3.5, 3.6, 3.8, 3.11, 3.12, 3.16, 3.17, 3.18, 3.19, 3.25, 3.26, 3.27, 3.29, 3.31, 3.32, 3.34, 3.35, 3.38, 3.41 and 3.42 |
An item of minor works added to Division 3 of Part 3 of Schedule 1 by the amendment provision, which is specified in column 2 of Table B below, is a new class III item.
Table B
| Column 1 | Column 2 |
| New class III items | 3.43, 3.44, 3.45, 3.46, 3.47, 3.48, 3.49, 3.50, 3.51, 3.52, 3.53, 3.54, 3.55, 3.56, 3.57, 3.58, 3.59, 3.60, 3.61, 3.62, 3.63, 3.64, 3.65 and 3.66 |
An item of minor works in Part 3 of the pre-amended Schedule 1 that is specified in column 1 of Table C below is a repealed item.
An item of minor works in Part 3 of Schedule 1 (as amended by the amendment provision) that is specified in column 2 of Table C below opposite a repealed item is a covering item for that repealed item to the extent specified in that column.
Table C
| Column 1 | Column 2 |
| Repealed item | Covering item |
| 1.13 | 1.50 |
| 1.18 | 1.50 |
| 1.19 | 1.50 |
| 1.29 | 1.50 |
| 3.9 | (a)3.2 (to the extent that the repealed item relates to removal works) (b)3.50 (to the extent that the repealed item relates to erection and alteration works) |
| 3.10 | 3.2 |
| 3.14 | (a)3.2 (to the extent that the repealed item relates to removal works) (b)3.50 (to the extent that the repealed item relates to erection and alteration works) |
| 3.15 | (a)3.2 (to the extent that the repealed item relates to removal works) (b)3.50 (to the extent that the repealed item relates to erection and alteration works) |
| 3.28 | (a)3.2 (to the extent that the repealed item relates to removal works) (b)3.50 (to the extent that the repealed item relates to erection and alteration works) |
This section applies to any building works that—
were carried out in accordance with the Ordinance before the amendment date;
were exempt from section 14(1) of the Ordinance by virtue of section 41(3) of the Ordinance immediately before the amendment date;
were still in progress on the amendment date; and
but for this section, would have become minor works because of the amendments made to Schedule 1 by the 2020 Amendment Regulation.
On and after the amendment date, the building works are not regarded as minor works.
This section applies to any building works that—
were carried out in accordance with the Ordinance before the amendment date;
were designated exempted works within the meaning of the pre-amended Regulation immediately before the amendment date;
were still in progress on the amendment date; and
but for this section, would have ceased to be designated exempted works because of the amendments made to Schedule 2 by the 2020 Amendment Regulation.
On and after the amendment date, the building works are regarded as designated exempted works.
This section applies to any building works that—
were commenced or carried out in accordance with the Ordinance before the amendment date;
were minor works falling within the description of a pre-amended item immediately before the amendment date; and
but for the amendment provision, would have continued to be regulated under the Ordinance as minor works falling within the description of that item.
On and after the amendment date, the building works are regarded as minor works falling within the description of the amended item.
This section applies to any building works that—
were commenced or carried out in accordance with the Ordinance before the amendment date;
were minor works falling within the description of a repealed item immediately before the amendment date; and
but for the amendment provision, would have continued to be regulated under the Ordinance as minor works falling within the description of that item.
On and after the amendment date, the building works are regarded as minor works falling within the description of the covering item.
This section applies to any building works that—
were commenced or carried out in accordance with the Ordinance before the amendment date; and
were minor works falling within the description of item 1.36 of Part 3 of the pre-amended Schedule 1 immediately before the amendment date.
Despite the amendment of section 28(1)(b) by the 2020 Amendment Regulation, for the purposes of section 9AA of the Ordinance, the requirement under this Regulation to appoint a prescribed registered contractor in respect of the building works is complied with if a specified contractor is appointed in respect of the works.
In this section—
specified contractor (指明承建商) means a registered specialist contractor whose name is entered in the demolition works category in a sub-register in the register of specialist contractors maintained under section 8A(2) of the Ordinance.Subject to a removal order, a pre-existing registration as a registered minor works contractor for a pre-amended item has effect for its remaining period as a registration as a registered minor works contractor for the amended item.
Subject to a removal order, a pre-existing registration as a registered minor works contractor for a repealed item has effect for its remaining period as a registration as a registered minor works contractor for the covering item.
This section applies if Condition 1 or Condition 2 is satisfied in relation to a pre-existing registration of a person as a registered minor works contractor for an item of minor works in Part 3 of the pre-amended Schedule 1 (relevant pre-existing registration).
Condition 1 is that—
the relevant pre-existing registration was allowed or renewed under the pre-amended Regulation on the basis that the person was registered under the Construction Workers Registration Ordinance (Cap. 583) as a registered skilled worker for a designated trade division that was relevant to the item; and
that trade division is also relevant to a new class III item.
Condition 2 is that—
the relevant pre-existing registration was allowed or renewed under the pre-amended Regulation on the basis that the person had the qualifications and experience specified by the Building Authority under section 11(2)(a)(ii) of the pre-amended Regulation for the item; and
the qualifications and experience are also specified by the Building Authority under section 11(2)(a)(ii) for a new class III item.
The person is regarded as having been registered as a registered minor works contractor for the new class III item.
The registration for the new class III item—
takes effect at the time from which the relevant pre-existing registration continues to have effect after the commencement of the amendment provision; and
subject to a removal order, has effect for the remaining period of that pre-existing registration.
Subject to a removal order, a pre-existing registration as a registered minor works contractor for a pre-amended type of minor works has effect for its remaining period as a registration as a registered minor works contractor for the amended type of minor works.
For the purposes of subsection (1)—
each of the following types of minor works is a pre-amended type of minor works—
type A, type B, type D, type E, type F or type G minor works under any class specified in Part 2 of the pre-amended Schedule 1;
type C minor works under class II or class III specified in Part 2 of the pre-amended Schedule 1; and
the type as amended by the amendment provision is, in relation to the type, the amended type of minor works.
This section applies if—
the name of a person (relevant person) appeared in the register immediately before the amendment date as an authorized signatory of a registered minor works contractor for a pre-amended type of minor works;
had there been no 2020 Amendment Regulation, the relevant person would have continued to be the authorized signatory of the contractor for that type of minor works on the amendment date; and
the registration of the contractor is a pre-existing registration having effect under section 79(1) on the amendment date.
The name of the relevant person is regarded as having been entered in the register on the amendment date as the authorized signatory of the contractor for the amended type of minor works.
A pre-existing registration having effect under section 76, 77 or 79(1) expires on the date on which it would have expired if there had been no 2020 Amendment Regulation.
Any other pre-existing registration as a registered minor works contractor expires on the date on which it is to expire under this Regulation.
In this Division—
affected item (受影響項目) means—(a)a pre-amended item; or(b)a repealed item; applicable item (適用項目)—(a)in relation to a pre-amended item—means the amended item;(b)in relation to a repealed item—means the covering item.This section applies if an application for registration as a registered minor works contractor made under section 10(1)(a) was pending immediately before the amendment date.
The application is regarded as an application made under section 10(1)(a) of the amended Regulation.
If the application is for registration as a registered minor works contractor for an affected item, the application is regarded as an application for registration as a registered minor works contractor for the applicable item.
If the application is eventually allowed, section 78 applies as if the registration to which the application relates were a pre-existing registration.
This section applies if an application for registration as a registered minor works contractor made under section 10(1)(b) was pending immediately before the amendment date.
The application is regarded as an application made under section 10(1)(b) of the amended Regulation.
If the application is for registration as a registered minor works contractor for a pre-amended type of minor works, the application is regarded as an application for registration as a registered minor works contractor for the amended type of minor works.
This section applies if an application made by a registered minor works contractor for the renewal of the contractor’s registration under section 14(1) was pending immediately before the amendment date.
The application is regarded as an application made under section 14(1) of the amended Regulation.
If the registration to which the application relates is a registration having effect under section 76, 77 or 79(1) (latter), the application is regarded as an application for the renewal of the latter.
This section applies if—
an application made by a registered minor works contractor for the renewal of the contractor’s registration under section 14(1) was pending immediately before the amendment date; and
because of that registration, the contractor is regarded under section 78 as having been registered as a registered minor works contractor for a new class III item.
The application is regarded as having also been made for the renewal of the registration for the new class III item.
This section applies if an application for the restoration of a person’s name to the register made under section 18(1) was pending immediately before the amendment date.
The application is regarded as an application made under section 18(1) of the amended Regulation.
If the registration to which the application relates is a registration for an affected item—
the registration is regarded as a registration for the applicable item (specified registration); and
the application is regarded as an application relating to the specified registration.
If the registration to which the application relates is a registration for a pre-amended type of minor works—
the registration is regarded as a registration for the amended type of minor works (relevant registration); and
the application is regarded as an application relating to the relevant registration.
This section applies if—
an application for the restoration of a person’s name to the register made under section 18(1) (restoration application) was pending immediately before the amendment date; and
the person (applicant) would have been allowed for registration as a registered minor works contractor for a new class III item under section 78 had the registration to which the restoration application relates been a pre-existing registration.
If the restoration application is allowed under section 19 of the amended Regulation, the applicant is regarded as having also been registered as a registered minor works contractor for the new class III item.
Subsection (2) applies if—
the name of a registered minor works contractor for a pre-amended item was removed from the register under section 17(1) and was not restored to the register before the amendment date in relation to that item under section 19; and
an application is made, on or after the amendment date, by the contractor under section 18(1) of the amended Regulation in relation to the registration.
The registration is regarded as a registration for the amended item, and the application is regarded as an application relating to that registration.
Subsection (4) applies if—
the name of a registered minor works contractor for a pre-amended type of minor works was removed from the register under section 17(1) and was not restored to the register before the amendment date in relation to that type of minor works under section 19; and
an application is made, on or after the amendment date, by the contractor under section 18(1) of the amended Regulation in relation to the registration.
The registration is regarded as a registration for the amended type of minor works, and the application is regarded as an application relating to that registration.
This section applies if—
an application made by a registered minor works contractor for the addition to the contractor’s registration of one or more additional items of class III minor works (additional item) under section 21(1) was pending immediately before the amendment date; and
had there been no 2020 Amendment Regulation, the registration to which the application relates would have continued to be in force on the amendment date.
The application is regarded as an application made under section 21(1) of the amended Regulation.
If the additional item is an affected item, the application is regarded as an application for the addition of the applicable item.
If the application is eventually allowed, section 78 applies as if the registration to which the application relates were a pre-existing registration.
This section applies if—
an application made by a registered minor works contractor for the addition to the contractor’s registration of one or more additional types or classes of minor works under section 21(2) was pending immediately before the amendment date; and
had there been no 2020 Amendment Regulation, the registration to which the application relates would have continued to be in force on the amendment date.
The application is regarded as an application made under section 21(2) of the amended Regulation.
If the application relates to the addition of a specified type and class that is amended by the amendment provision—
the application is regarded as an application for the addition of the specified type and class as amended by that provision (amended type and class); and
the individual who is nominated under section 21(4) of the pre-amended Regulation in respect of the specified type and class is regarded as having been nominated under section 21(4) of the amended Regulation in respect of the amended type and class.
In this section—
specified type and class (指明類型及級別) means—(a)a type of minor works under a class as specified in Part 2 of the pre-amended Schedule 1; or(b)a class of minor works of a type as specified in that Part.This section applies if—
an application made by a registered minor works contractor for the approval of a nomination of additional authorized signatory under section 24(1) was pending immediately before the amendment date; and
had there been no 2020 Amendment Regulation, the registration to which the application relates would have continued to be in force on the amendment date.
The application is regarded as an application made under section 24(1) of the amended Regulation.
If the application relates to a specified type and class within the meaning of section 91, the application is regarded as an application relating to the amended type and class within the meaning of that section.
If a request for review under section 26 was pending immediately before the amendment date, subject to subsection (2), the pre-amended Regulation applies to the request.
The power of the Building Authority to substitute the decision to which the request under subsection (1) relates is a power under section 26(8)(a)(ii) of the amended Regulation.
In this Schedule—
aggregate length of any additional wall (加建牆壁總長度)—(a)in relation to works carried out in a flat, means the difference between—(i)the total length of the non-load bearing walls (excluding the width of any door openings on the walls) in the flat (flat wall length) as shown on the approved plan; and(ii)the flat wall length as measured at the completion of the works; and(b)in relation to works carried out on a roof, means the difference between—(i)the total length of the non-load bearing walls (excluding the width of any door openings on the walls) on the roof (roof wall length) as shown on the approved plan; and(ii)the roof wall length as measured at the completion of the works; (L.N. 60 of 2020) building services installation (屋宇裝備裝置)—(a)includes—(i)any solar water heating system, photovoltaic system, antenna, transceiver, air-conditioning unit, water cooling tower, light fitting and pump set (installations); and(ii)any duct associated with any of the installations; and(b)excludes any water tank, lift, stairlift, lifting platform, ventilation duct and radio base station; (L.N. 60 of 2020) cross-sectional dimension (橫切面尺寸)—see section 1A of this Part; (L.N. 60 of 2020) display area (展示面積), in relation to a signboard, means the area of the largest planar surface of a virtual rectangular prism containing all parts of the signboard (including its supporting structure) except— (a)if the signboard is supported by a single post of a diameter of not more than 100 mm, the post; or (b)in any other case, any structural elements of the signboard solely for preventing the lateral movement of the signboard; flat (樓宇單位) means any premises as shown on the approved plan of a building (whether domestic or non-domestic) of which the premises form part and delineated as a separate unit; (L.N. 74 of 2012) inaccessible roof (非開放屋頂) means a roof that—(a)is not intended to be used for human occupation; and(b)is intended to be only accessible to personnel for maintenance or repair works; (L.N. 60 of 2020) non-private garden (非私人花園) means a garden, or a part of a garden, that is not a private garden; (L.N. 60 of 2020) planter (花槽) includes—(a)any fixed planter wall; and(b)any fixed feature for containing soil (other than the soil of a slope); (L.N. 60 of 2020) private garden (私人花園) means a garden or a part of a garden—(a)that is not a common part, or part of a common part, of a building; or(b)that is for the exclusive use, occupation or enjoyment of an owner; (L.N. 60 of 2020) projecting signboard (伸出式招牌) means a signboard— (a)that is fixed to the external wall of a building; and (b)that projects more than 600 mm from the wall; roof finishes (屋頂飾面), in relation to a roof, includes any tile layer, screeding layer and associated waterproofing layer on the roof; (L.N. 60 of 2020) thickness (厚度), in relation to a signboard, means the smallest dimension of a virtual rectangular prism containing all parts of the signboard (including its supporting structure) except any structural elements of the signboard solely for preventing the lateral movement of the signboard; trellis (花棚) means a structure with an overhead frame for the growing of flowers or other plants; (L.N. 60 of 2020) unauthorized (違例)— (a)when used to describe any structure, means the structure is erected in contravention of any provision of the Ordinance; or (b)when used to describe any building works, means the building works are carried out in contravention of any provision of the Ordinance; wall signboard (靠牆招牌) means a signboard— (a)that is fixed to the external wall of a building; and (b)no part of which projects more than 600 mm from the wall.(Division 8 added L.N. 60 of 2020)
| Item | Description of building works | ||
|---|---|---|---|
| 1.1. | Erection or alteration of any internal staircase that is not used as a means of escape or a means of access for firefighting and rescue, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; and | ||
| (b) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | ||
| (i) | is not of pre-stressed construction; and | ||
| (ii) | is not used to support any column, flat slab or ribbed beam. | ||
| 1.2. | Formation of any opening in a slab, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | ||
| (i) | is not of pre-stressed construction; and | ||
| (ii) | is not used to support any column, flat slab or ribbed beam; and | ||
| (c) | the area of the opening is more than 1 m2 but not more than 4.5 m2. | ||
| 1.3. | Building works associated with the installation or alteration of any service lift, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | ||
| (i) | is not of pre-stressed construction; and | ||
| (ii) | is not used to support any column, flat slab or ribbed beam; | ||
| (c) | the rated load of the lift is not more than 250 kg; | ||
| (d) | the internal floor area of the lift car is not more than 1 m2; and | ||
| (e) | the internal height of the lift car is not more than 1.2 m. | ||
| 1.4. | Building works associated with the installation or alteration of any stairlift or lifting platform, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; and | ||
| (b) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | ||
| (i) | is not of pre-stressed construction; and | ||
| (ii) | is not used to support any column, flat slab or ribbed beam. | ||
| 1.5. | Removal of— | ||
| (a) | any supporting structure for a building services installation, or any metal casing for such an installation, located on a cantilevered slab with a span of more than 1 m; or | ||
| (b) | any ventilation duct or associated supporting frame located on, or hung underneath the soffit of, a cantilevered slab with a span of more than 1 m. (L.N. 60 of 2020) | ||
| 1.6. | Erection, alteration or removal of any protective barrier (other than an external reinforced concrete wall or block wall), provided that the works do not result in any additional load to any cantilevered slab. (L.N. 60 of 2020) | ||
| 1.7. | Erection or alteration of any solid fence wall on-grade, but only if— | ||
| (a) | the height of the wall is not more than 5 m; and | ||
| (b) | the works do not fall within the description of item 5 of Part 2 of Schedule 2 or item 2.6. (L.N. 60 of 2020) | ||
| 1.8. | Erection or alteration of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— | ||
| (a) | the height of the structure, including any feature at its top, is not more than 10 m; | ||
| (b) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 3 m; and | ||
| (c) | the works do not fall within the description of item 16 of Part 2 of Schedule 2 or item 2.7. (L.N. 60 of 2020) | ||
| 1.9. | Removal of any solid fence wall on-grade, but only if the works do not fall within the description of item 5 of Part 2 of Schedule 2 or item 3.4. (L.N. 60 of 2020) | ||
| 1.10. | Removal of any external mesh fence (with or without a solid fence wall as its lower part), metal railing (with or without a solid fence wall as its lower part) or pole on-grade, but only if the works do not fall within the description of item 6 or 17 of Part 2 of Schedule 2 or item 2.66, 2.67, 3.5 or 3.66. (L.N. 60 of 2020) | ||
| 1.11. | Construction or alteration of any spread footing associated with the carrying out of any other minor works or designated exempted works, provided that— | ||
| (a) | the works involve an excavation of a depth of not more than 3 m; | ||
| (b) | the overall gradient of the area bounded by lines 10 m away from the location of the footing in the downhill direction is not more than 15 degrees; | ||
| (c) | there is no slope steeper than 15 degrees within the area mentioned in paragraph (b); | ||
| (d) | there is no retaining wall or terrace wall higher than 1.5 m, or below a line drawn down from the base of the footing that is 45 degrees to the horizontal, within the area mentioned in paragraph (b); | ||
| (e) | the allowable pressure imposed by the footing on the ground is not more than 100 kPa or (if the footing is located below the ground water level) 50 kPa; | ||
| (f) | the footing is not founded on soft clay or mud; and (L.N. 60 of 2020) | ||
| (g) | (Repealed L.N. 60 of 2020) | ||
| (h) | the works do not fall within the description of item 2.10. | ||
| 1.12. | Excavation works associated with the carrying out of any other minor works or designated exempted works, but only if the depth of the excavation is more than 1.5 m but not more than 3 m. (L.N. 60 of 2020) | ||
| 1.13. | (Repealed L.N. 60 of 2020) | ||
| 1.14. | Erection or alteration of any supporting structure for a radio base station solely for telecommunications services in the form of an equipment cabinet on the roof of a building, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the length of the cabinet is not more than 1.5 m; | ||
| (c) | the width of the cabinet is not more than 1 m; and | ||
| (d) | the height of the cabinet is not more than 2.3 m. | ||
| 1.15. | Erection or alteration of any external non-load bearing reinforced concrete wall of a building; or repair or removal of such a wall, including any concrete projection from it, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the height of the wall is more than 1.1 m but not more than 3.5 m; and | ||
| (d) | the works do not fall within the description of item 2.15, 3.45 or 3.46. (L.N. 60 of 2020) | ||
| 1.16. | Erection, alteration or repair of any metal gate at a fence wall or at an entrance to a building, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the weight of at least one leaf of the gate is more than 300 kg; and | ||
| (d) | the height of the gate is not more than 3.2 m. | ||
| 1.17. | Repair (in accordance with the original design) of any structural elements (including any flat slab, cantilevered slab, ribbed slab, waffle slab, pre-stressed beam, post-tensioned beam, cantilevered beam, transfer plate, transfer beam or earth retaining structure), or of any concrete projection from the structural elements (concrete projection), but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | for works that involve the removal of core from any structural elements or concrete projection—the removal is carried out only for testing and ascertaining the condition of the concrete that forms the structural elements; and | ||
| (c) | the works do not fall within the description of item 2.17. (L.N. 60 of 2020) | ||
| 1.18. | (Repealed L.N. 60 of 2020) | ||
| 1.19. | (Repealed L.N. 60 of 2020) | ||
| 1.20. | Erection or alteration of any projecting signboard, provided that— | ||
| (a) | the signboard does not consist of stone; | ||
| (b) | the works do not result in any additional load to any cantilevered slab; | ||
| (c) | the works do not involve the alteration of any other structural elements; | ||
| (d) | the display area of the signboard is more than 10 m2 but not more than 20 m2; | ||
| (e) | no part of the signboard projects more than 4.2 m from the external wall to which it is fixed; and | ||
| (f) | the thickness of the signboard is not more than 600 mm. | ||
| 1.21. | Erection or alteration of any signboard on the roof of a building, provided that— | ||
| (a) | the signboard does not consist of stone; | ||
| (b) | the works do not result in any additional load to any cantilevered slab; | ||
| (c) | the works do not involve the alteration of any other structural elements; | ||
| (d) | the display area of the signboard is not more than 20 m2; | ||
| (e) | no part of the signboard projects beyond the external wall of the building; | ||
| (f) | the thickness of the signboard is not more than 600 mm; and | ||
| (g) | the distance between any part of the signboard and the level of the roof is not more than 6 m. | ||
| 1.22. | Erection or alteration of any wall signboard, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | if the signboard comprises a display system consisting of light emitting diodes, the display area of the signboard is more than 5 m2 but not more than 20 m2; | ||
| (d) | if the signboard does not comprise any display system consisting of light emitting diodes, the display area of the signboard is more than 10 m2 but not more than 40 m2; and | ||
| (e) | if the distance between any part of the signboard and the ground is more than 6 m, the signboard does not consist of stone. | ||
| 1.23. | Erection or alteration of any outdoor signboard fixed on-grade (other than the construction of a spread footing), provided that— | ||
| (a) | the display area of the signboard is not more than 20 m2; | ||
| (b) | the thickness of the signboard is not more than 600 mm; | ||
| (c) | the distance between any part of the signboard and the ground is not more than 6 m; and | ||
| (d) | the works do not fall within the description of item 2.21. | ||
| 1.24. | Removal of any signboard (other than the removal of the spread footing of any outdoor signboard), provided that the works do not fall within the description of item 11 of Part 2 of Schedule 2 or item 2.24, 2.25, 2.26, 2.27, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21 or 3.22. | ||
| 1.25. | Repair of any underground drain, provided that— | ||
| (a) | the works involve an excavation of a depth of more than 1.5 m but not more than 3 m; | ||
| (b) | the distance between any point of the excavation and the bottom of any retaining wall is at least equal to the depth of the excavation; (L.N. 60 of 2020) | ||
| (c) | the distance between any point of the excavation and the toe of any slope with a gradient of more than 15 degrees is at least equal to the depth of the excavation; (L.N. 60 of 2020) | ||
| (d) | the works do not involve the last manhole; | ||
| (e) | if the works are carried out beside the crest of a slope with a gradient of not more than 30 degrees, the distance between any point of the excavation and the outer edge of the crest is at least equal to the height of the slope; | ||
| (f) | if the works are carried out beside the crest of a slope with a gradient of more than 30 degrees— | ||
| (i) | the height of the slope is not more than 3 m; and | ||
| (ii) | the distance between any point of the excavation and the outer edge of the crest is at least equal to 1.5 times the height of the slope; and | ||
| (g) | if the works are carried out beside the top of a retaining wall— | ||
| (i) | the height of the wall is not more than 3 m; and | ||
| (ii) | the distance between any point of the excavation and the wall is at least equal to 1.5 times the height of the wall. | ||
| 1.26. | Addition or alteration of any underground drain, provided that— | ||
| (a) | the works involve an excavation of a depth of more than 1.5 m but not more than 3 m; | ||
| (b) | the distance between any point of the excavation and the bottom of any retaining wall is at least equal to the depth of the excavation; (L.N. 60 of 2020) | ||
| (c) | the distance between any point of the excavation and the toe of any slope with a gradient of more than 15 degrees is at least equal to the depth of the excavation; (L.N. 60 of 2020) | ||
| (d) | the works do not involve the last manhole; (L.N. 60 of 2020) | ||
| (e) | if the works are carried out beside the crest of a slope— | ||
| (i) | the gradient of the slope is not more than 15 degrees; | ||
| (ii) | the height of the slope is not more than 3 m; and | ||
| (iii) | the distance between any point of the excavation and the outer edge of the crest is at least equal to the height of the slope; and (L.N. 60 of 2020) | ||
| (f) | if the works are carried out beside the top of a retaining wall— | ||
| (i) | the height of the wall is not more than 3 m; and | ||
| (ii) | the distance between any point of the excavation and the wall is at least equal to 1.5 times the height of the wall. (L.N. 60 of 2020) | ||
| 1.27. | Erection, alteration or removal of any canopy projecting from the external wall of a building over an entrance to the building, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | no part of the canopy projects more than 2 m from the wall; (L.N. 60 of 2020) | ||
| (c) | the canopy is not constructed of concrete; and | ||
| (d) | the works do not fall within the description of item 14 of Part 2 of Schedule 2 or item 3.25. (L.N. 60 of 2020) | ||
| 1.28. | Erection, alteration or removal of any supporting frame projecting from an external wall of a building, but only if— (L.N. 60 of 2020) | ||
| (aa) | the frame is for supporting an air-conditioning unit, light fitting, or antenna or transceiver for public telecommunications services; (L.N. 60 of 2020) | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | no part of the frame projects more than 750 mm from the wall; and (L.N. 60 of 2020) | ||
| (c)-(d) | (Repealed L.N. 60 of 2020) | ||
| (e) | the works do not fall within the description of item 13 of Part 2 of Schedule 2 or item 2.49 or 3.27. (L.N. 60 of 2020) | ||
| 1.29. | (Repealed L.N. 60 of 2020) | ||
| 1.30. | Removal of any unauthorized structure (other than an architectural projection, canopy, frame or rack) projecting from an external wall of a building, but only if the works do not fall within the description of item 2.32. (L.N. 60 of 2020) | ||
| 1.31. | Erection, repair or removal of any panel fixed by metal dowels and fixings onto a wall inside a building, provided that the distance between the highest point of the panel and the adjoining floor is more than 10 m. | ||
| 1.32. | Removal of any internal staircase that is not used as a means of escape or a means of access for firefighting and rescue, provided that— | ||
| (a) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | ||
| (i) | is not of pre-stressed construction; and | ||
| (ii) | is not used to support any column, flat slab or ribbed beam; and | ||
| (b) | the works do not fall within the description of item 3.1. | ||
| 1.33. | Building works associated with the removal of any service lift, provided that— | ||
| (a) | the rated load of the lift is not more than 250 kg; | ||
| (b) | the internal floor area of the lift car is not more than 1 m2; and | ||
| (c) | the internal height of the lift car is not more than 1.2 m. | ||
| 1.34. | Building works associated with the removal of any stairlift or lifting platform. | ||
| 1.35. | Reinstatement in accordance with the original design of a slab in respect of which an opening has been formed, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; and | ||
| (c) | the area of the opening is more than 1 m2 but not more than 4.5 m2. | ||
| 1.36. | Removal of any underground drain, provided that— | ||
| (a) | the works involve an excavation of a depth of more than 1.5 m but not more than 3 m; | ||
| (b) | the distance between any point of the excavation and the bottom of any retaining wall is at least equal to the depth of the excavation; (L.N. 60 of 2020) | ||
| (c) | the distance between any point of the excavation and the toe of any slope with a gradient of more than 15 degrees is at least equal to the depth of the excavation; (L.N. 60 of 2020) | ||
| (d) | the works do not involve the last manhole; | ||
| (e) | if the works are carried out beside the crest of a slope with a gradient of not more than 30 degrees, the distance between any point of the excavation and the outer edge of the crest is at least equal to the height of the slope; | ||
| (f) | if the works are carried out beside the crest of a slope with a gradient of more than 30 degrees— | ||
| (i) | the height of the slope is not more than 3 m; and | ||
| (ii) | the distance between any point of the excavation and the outer edge of the crest is at least equal to 1.5 times the height of the slope; and | ||
| (g) | if the works are carried out beside the top of a retaining wall— | ||
| (i) | the height of the wall is not more than 3 m; and | ||
| (ii) | the distance between any point of the excavation and the wall is at least equal to 1.5 times the height of the wall. | ||
| 1.37. | Removal of any chimney attached to the external wall of a building or located on the roof of a building, provided that— | ||
| (a) | the distance between the highest point of the chimney and the level of the adjoining roof is not more than 10 m; and | ||
| (b) | the works do not fall within the description of item 2.37. | ||
| 1.38. | Removal of any unauthorized structure located on-grade or on a slab (other than a cantilevered slab), provided that— | ||
| (a) | the works do not involve the alteration of any other structural elements; | ||
| (b) | the height of the structure is more than 5 m but not more than 10 m; | ||
| (c) | the structure has not more than 2 storeys; | ||
| (d) | the structure is not a flat slab, pre-stressed concrete construction, transfer girder, hanger, cantilevered structure with a span of more than 1.2 m or earth retaining structure; and | ||
| (e) | no structural element of the structure has a span of more than 6 m. | ||
| 1.39. | Removal of any unauthorized floor slab. | ||
| 1.40. | Removal of any metal gate at a fence wall or at an entrance to a building, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the weight of at least one leaf of the gate is more than 300 kg; and | ||
| (d) | the height of the gate is not more than 3.2 m. | ||
| 1.41. | Erection of any non-load bearing block wall, laying of any solid floor screeding, or erection or alteration of any aboveground drain in a domestic flat— | ||
| (a) | that is subdivided into, or that as a result of the works will be subdivided into, 3 or more rooms at least 3 of which— | ||
| (i) | are resulted from, or are affected by, an alteration of the layout of the flat; | ||
| (ii) | are provided with a lavatory basin, sink, water-closet fitment, shower or bath; and | ||
| (iii) | are intended as, or having regard to the size and layout of the rooms, are likely to be adapted as, places for sleeping; and | ||
| (b) | in which the number of rooms falling within the description of paragraph (a)(ii) and (iii) is, or as a result of the works will be, greater than that as shown on the approved plan, | ||
| provided that the works do not result in any additional load to any cantilevered slab. (L.N. 74 of 2012) | |||
| 1.42. | Formation or alteration of any opening to the enclosure (other than a load bearing wall) of any staircase that is used as a means of escape or a means of access for firefighting and rescue or its protected lobby, provided that the works do not involve the alteration of any other structural elements. (L.N. 74 of 2012) | ||
| 1.43. | Erection of any non-load bearing block wall in a flat, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the aggregate length of any additional wall per m2 of the floor area of the flat is— | ||
| (i) | more than 0.1 m for a domestic flat; or | ||
| (ii) | more than 0.2 m for a non-domestic flat; and | ||
| (d) | the works do not fall within the description of item 3.39 or 3.40. (L.N. 74 of 2012) | ||
| 1.44. | Thickening of any floor slab in a flat by laying solid screeding, provided that— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the thickness of the screeding is more than 25 mm measured from the structural floor level; and | ||
| (c) | the works do not fall within the description of item 3.41 or 3.42. (L.N. 74 of 2012) | ||
| 1.45. | Erection or alteration of any trellis on a roof of a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the height of the trellis is not more than 2.5 m; | ||
| (d) | the length and width of every opening of the overhead frame of the trellis are respectively not less than 200 mm; | ||
| (e) | the horizontal clearance of the trellis from any other structure is not less than 500 mm; | ||
| (f) | for works carried out in a common part of the building, at the completion of the works— | ||
| (i) | each trellis located in that common part covers an area of not more than 20 m2; and | ||
| (ii) | the aggregate of the area covered by each trellis located in that common part is not more than 5% of the total area of that part; | ||
| (g) | for works carried out in a part that is not a common part of the building (non-common part), at the completion of the works, the aggregate of the area covered by each trellis located in that non-common part is— | ||
| (i) | not more than 20 m2; and | ||
| (ii) | not more than 5% of the total area of that part; and | ||
| (h) | the works do not fall within the description of item 2.45. (L.N. 60 of 2020) | ||
| 1.46. | Erection or alteration of any metal ventilation duct or associated supporting frame inside a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the smallest cross-sectional dimension of the duct is more than 900 mm; and | ||
| (c) | the largest cross-sectional dimension of the duct is more than 1.8 m. (L.N. 60 of 2020) | ||
| 1.47. | Erection or alteration of any external metal ventilation duct or associated supporting frame, but only if the works do not result in any additional load to any cantilevered slab, and— | ||
| (a) | the duct or frame is located on-grade or on a roof of a building, and the works do not fall within the description of item 22 of Part 2 of Schedule 2 or item 2.47 or 3.47; | ||
| (b) | the duct or frame projects from an external wall of a building or from a fence wall on-grade, and— | ||
| (i) | no part of the duct or frame projects more than 750 mm from the wall; and | ||
| (ii) | the works do not fall within the description of item 23 of Part 2 of Schedule 2 or item 3.48; or | ||
| (c) | the duct or frame is located on, or hung underneath the soffit of, a balcony, verandah or canopy (other than a cantilevered slab) of a building, and— | ||
| (i) | the largest cross-sectional dimension of the duct, or the duct with which the frame is associated, is not more than 750 mm; and | ||
| (ii) | the works do not fall within the description of item 23 of Part 2 of Schedule 2 or item 3.48. (L.N. 60 of 2020) | ||
| 1.48. | Repair, replacement or removal of any external cladding, but only if— | ||
| (a) | for repair or replacement works—the works are carried out in accordance with the original design of the cladding; and | ||
| (b) | the works do not fall within the description of item 2.48 or 3.31. (L.N. 60 of 2020) | ||
| 1.49. | Erection or alteration of any glass reinforced polyester water tank on-grade or on a slab (other than a cantilevered slab), but only if— | ||
| (a) | the works do not involve the alteration of any other structural elements; | ||
| (b) | the capacity of the tank is not more than 4.5 m3; and | ||
| (c) | the works do not fall within the description of item 3 of Part 2 of Schedule 2 or item 2.3. (L.N. 60 of 2020) | ||
| 1.50. | Erection or alteration of any supporting structure for a building services installation (supporting structure), or any metal casing for such an installation (casing), on-grade, on a canopy (other than a cantilevered slab) or on a roof (other than a cantilevered slab) of a building, but only if— | ||
| (a) | the works do not involve the alteration of any other structural elements; | ||
| (b) | for a supporting structure—the height of the structure is— | ||
| (i) | if it is designed for an antenna or transceiver—not more than 2.5 m; or | ||
| (ii) | if it is designed for any other building services installation—not more than 1.5 m; | ||
| (c) | for a casing— | ||
| (i) | the weight of the casing is not more than 10% of the weight of the building services installation; and | ||
| (ii) | the inner surface of the casing and the installation are not more than 200 mm apart in all directions; and | ||
| (d) | the works do not fall within the description of item 3.50. (L.N. 60 of 2020) | ||
| 1.51. | Erection or alteration of any supporting frame for suspending an air-conditioning plant or mechanical ventilation plant inside a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; and | ||
| (c) | the frame is designed for an air-conditioning plant, or a mechanical ventilation plant, of more than 150 kg in weight. (L.N. 60 of 2020) | ||
| 1.52. | Erection or alteration of any planter on a roof of a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the height of the planter is not more than 600 mm; and | ||
| (d) | if the roof is an inaccessible roof—no structural element of the roof has a span of more than 12 m. (L.N. 60 of 2020) | ||
| 1.53. | Erection or alteration of any external pole on-grade, but only if— | ||
| (a) | the height of the pole, including any feature at its top, is not more than 10 m; and | ||
| (b) | the works do not fall within the description of item 17 of Part 2 of Schedule 2 or item 2.53. (L.N. 60 of 2020) | ||
| 1.54. | Erection or alteration of any pole on a roof of a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the height of the pole, including any feature at its top, is not more than 5 m; and | ||
| (d) | the works do not fall within the description of item 19 of Part 2 of Schedule 2 or item 2.54 or 3.54. (L.N. 60 of 2020) | ||
| 1.55. | Erection or alteration of any solid fence wall on a roof of a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the height of the wall is not more than 2 m; and | ||
| (d) | the works do not fall within the description of item 20 of Part 2 of Schedule 2 or item 2.55 or 3.55. (L.N. 60 of 2020) | ||
| 1.56. | Erection or alteration of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— | ||
| (a) | the works do not result in any additional load to any cantilevered slab; | ||
| (b) | the works do not involve the alteration of any other structural elements; | ||
| (c) | the height of the structure, including any feature at its top, is not more than 5 m; | ||
| (d) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.5 m; and | ||
| (e) | the works do not fall within the description of item 18 of Part 2 of Schedule 2 or item 2.56 or 3.56. (L.N. 60 of 2020) | ||
| 1.57. | Repair of any solid fence wall on-grade, but only if the works do not fall within the description of item 5 of Part 2 of Schedule 2 or item 3.57. (L.N. 60 of 2020) | ||
| 1.58. | Repair of any external mesh fence (with or without a solid fence wall as its lower part), metal railing (with or without a solid fence wall as its lower part) or pole on-grade, but only if the works do not fall within the description of item 6 or 17 of Part 2 of Schedule 2 or item 2.58, 2.59, 3.58 or 3.59. (L.N. 60 of 2020) | ||
| 1.59. | Erection of any mesh fence, metal railing or pole on top of a solid fence wall (other than an unauthorized solid fence wall) (wall) on-grade, but only if— | ||
| (a) | the height of the wall alone is not more than 2.5 m; | ||
| (b) | the aggregate height of the wall and the fence, railing or pole, including any feature at its top, is not more than 10 m; and | ||
| (c) | the works do not fall within the description of item 21 of Part 2 of Schedule 2 or item 2.57. (L.N. 60 of 2020) | ||
| 1.60. | Repair or replacement of any window or window wall in accordance with the original design, but only if the works do not fall within the description of item 2.8 or 3.6. (L.N. 60 of 2020) | ||
| 1.61. | Repair or replacement of any curtain wall, but only if— | ||
| (a) | the works are carried out in accordance with the original design; and | ||
| (b) | the works do not involve the replacement of any supporting structure, or any structural element, that connects the wall to its parent structure. (L.N. 60 of 2020) | ||
| 1.62. | Laying or repair of any roof finishes of a building, but only if— | ||
| (a) | the works do not involve the alteration of any other structural elements; and | ||
| (b) | the works do not fall within the description of item 7 of Part 2 of Schedule 2 or item 2.34. (L.N. 60 of 2020) | ||
| Item | Description of building works | |||
|---|---|---|---|---|
| 2.1. | Formation of any opening in a slab, provided that— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | |||
| (i) | is not of pre-stressed construction; and | |||
| (ii) | is not used to support any column, flat slab or ribbed beam; | |||
| (c) | the area of the opening is not more than 1 m2; and | |||
| (d) | the works do not fall within the description of item 1 of Part 2 of Schedule 2. | |||
| 2.2. | Removal of— | |||
| (a) | any supporting structure for a building services installation (supporting structure), or any metal casing for such an installation (casing), but only if— | |||
| (i) | the supporting structure or casing is located— | |||
| (A) | on-grade; | |||
| (B) | on a canopy; or | |||
| (C) | on a roof of a building; | |||
| (ii) | for a supporting structure or casing located on a cantilevered slab—the span of the slab is not more than 1 m; and | |||
| (iii) | the works do not fall within the description of item 12 of Part 2 of Schedule 2 or item 3.2; or | |||
| (b) | any ventilation duct (duct) or associated supporting frame (frame), but only if— | |||
| (i) | the duct or frame— | |||
| (A) | is located on-grade; | |||
| (B) | is located on a roof of a building; or | |||
| (C) | is located on, or hung underneath the soffit of, a balcony, verandah or canopy; | |||
| (ii) | for a duct or frame located on, or hung underneath the soffit of, a cantilevered slab—the span of the slab is not more than 1 m; and | |||
| (iii) | the works do not fall within the description of item 12 or 23 of Part 2 of Schedule 2 or item 3.2 or 3.49. (L.N. 60 of 2020) | |||
| 2.3. | Replacement of any glass reinforced polyester water tank located on the roof of a building in accordance with the original design, provided that— | |||
| (a) | the capacity of the tank is not more than 9 m3 and the water head of the tank is not more than 2 m; and | |||
| (b) | the distance between the tank and the edge of the roof is not more than 1.5 m. | |||
| 2.4. | Removal of any water tank on-grade or on a slab of a building, but only if— (L.N. 60 of 2020) | |||
| (a) | the capacity of the tank is not more than 9 m3; (L.N. 60 of 2020) | |||
| (b) | if the tank is located on a roof of a building—the distance between the tank and the edge of the roof is not more than 1.5 m; (L.N. 60 of 2020) | |||
| (c) | the works do not involve the alteration of any other structural elements; and (L.N. 60 of 2020) | |||
| (d) | the works do not fall within the description of item 4 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.5. | Repair or replacement of any protective barrier (other than an external reinforced concrete wall or block wall) in accordance with the original design, provided that— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; and | |||
| (b) | the difference in height between the level on which the protective barrier is located and its adjacent level is more than 2 m. | |||
| 2.6. | Erection or alteration of any solid fence wall on-grade, but only if— | |||
| (a) | the height of the wall is not more than 3 m; and | |||
| (b) | the works do not fall within the description of item 5 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.7. | Erection or alteration of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— | |||
| (a) | the height of the structure, including any feature at its top, is not more than 5 m; | |||
| (b) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 2.5 m; | |||
| (c) | the fence or railing is not used as a protective barrier; and | |||
| (d) | the works do not fall within the description of item 16 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.8. | Construction, alteration, repair or replacement of any window or window wall, but only if— (L.N. 60 of 2020) | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | no structural element of the window or window wall has a span of more than 6 m; | |||
| (c) | the distance between the highest point of the window or window wall and the ground is more than 3.5 m; | |||
| (d) | if the distance between the highest point of the window or window wall and the ground is not more than 100 m— | |||
| (i) | the works involve the main frame of the window or window wall; or | |||
| (ii) | the works involve the sub-frame of the window or window wall, and the length of the sub-frame is more than 1.2 m; | |||
| (e) | if the distance between the highest point of the window or window wall and the ground is more than 100 m— | |||
| (i) | for construction or alteration works— | |||
| (A) | the area of the external wall opening for the window or window wall is not more than 6 m2; and | |||
| (B) | the length or width (whichever is shorter) of the opening is not more than 1.8 m; and (L.N. 60 of 2020) | |||
| (ii) | for repair or replacement works— | |||
| (A) | the works are carried out in accordance with the original design of the window or window wall; or | |||
| (B) | the works fall within the description of subparagraph (i)(A) and (B); and (L.N. 60 of 2020) | |||
| (f) | the works do not involve the alteration of any other structural elements, except a simply supported beam that— | |||
| (i) | is not of pre-stressed construction; and | |||
| (ii) | is not used to support any column, flat slab or ribbed beam. | |||
| 2.9. | Removal of any window or window wall, provided that— | |||
| (a) | the height of the window or window wall is not more than 6 m; | |||
| (b) | the works do not involve the alteration of any other structural elements; and | |||
| (c) | the works do not fall within the description of item 3.7. | |||
| 2.10. | Construction or alteration of any spread footing associated with the carrying out of any other minor works or designated exempted works, provided that— | |||
| (a) | the works involve an excavation of a depth of not more than 1.5 m; | |||
| (b) | the overall gradient of the area bounded by lines 10 m away from the location of the footing in the downhill direction is not more than 5 degrees; | |||
| (c) | there is no slope steeper than 15 degrees within the area mentioned in paragraph (b); | |||
| (d) | there is no retaining wall or terrace wall higher than 1.5 m, or below a line drawn down from the base of the footing that is 45 degrees to the horizontal, within the area mentioned in paragraph (b); | |||
| (e) | the allowable pressure imposed by the footing on the ground is not more than 100 kPa or (if the footing is located below the ground water level) 50 kPa; and (L.N. 60 of 2020) | |||
| (f) | the footing is not founded on soft clay or mud. (L.N. 60 of 2020) | |||
| (g) | (Repealed L.N. 60 of 2020) | |||
| 2.11. | Excavation works associated with the carrying out of any other minor works or designated exempted works, but only if the depth of the excavation is more than 300 mm but not more than 1.5 m. (L.N. 60 of 2020) | |||
| 2.12. | Removal of any radio base station for telecommunications services in the form of an enclosure or equipment cabinet together with its supporting structure located on the roof of a building, provided that— | |||
| (a) | the length of the station is not more than 4.5 m; | |||
| (b) | the width of the station is not more than 4.5 m; | |||
| (c) | the height of the station is not more than 2.3 m; and | |||
| (d) | the works do not fall within the description of item 3.8. | |||
| 2.13. | Erection, alteration or removal of any external non-load bearing reinforced concrete wall of a building, but only if— (L.N. 60 of 2020) | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; (L.N. 60 of 2020) | |||
| (c) | the height of the wall is not more than 1.1 m; and (L.N. 60 of 2020) | |||
| (d) | the works do not fall within the description of item 3.45 or 3.46. (L.N. 60 of 2020) | |||
| 2.14. | Erection, alteration or removal of any external non-load bearing block wall of a building, but only if— (L.N. 60 of 2020) | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; (L.N. 60 of 2020) | |||
| (c) | the height of the wall is more than 1.1 m but not more than 3.5 m; and (L.N. 60 of 2020) | |||
| (d) | the works do not fall within the description of item 3.45 or 3.46. (L.N. 60 of 2020) | |||
| 2.15. | Repair of any external non-load bearing reinforced concrete wall of a building, including any concrete projection from the wall, but only if— (L.N. 60 of 2020) | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; (L.N. 60 of 2020) | |||
| (c) | the height of the wall is not more than 3.5 m; and (L.N. 60 of 2020) | |||
| (d) | for works that involve a concrete projection— | |||
| (i) | the thickness of the projection is not more than 125 mm; and | |||
| (ii) | the projection does not project more than 150 mm from the wall. (L.N. 60 of 2020) | |||
| 2.16. | Erection, alteration or repair of any metal gate at a fence wall or at an entrance to a building, provided that— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the weight of each leaf of the gate is not more than 300 kg; | |||
| (d) | the weight of at least one leaf of the gate is more than 200 kg; and | |||
| (e) | the height of the gate is not more than 3.2 m. | |||
| 2.17. | Repair (in accordance with the original design) of any column, load bearing wall, slab or beam (other than a flat slab, cantilevered slab, ribbed slab, waffle slab, pre-stressed beam, post-tensioned beam, cantilevered beam, transfer plate, transfer beam or earth retaining structure) (structural member), or of any concrete projection from the structural member (concrete projection), but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve any recasting or replacement of any structural elements; | |||
| (c) | the works do not involve the dismantling of the whole of the floor or roof; | |||
| (d) | the works do not involve the removal of core from the structural member or concrete projection by drilling; and | |||
| (e) | for works that involve a concrete projection— | |||
| (i) | the thickness of the projection is not more than 125 mm; and | |||
| (ii) | the projection does not project more than 150 mm from the structural member. (L.N. 60 of 2020) | |||
| 2.18. | Erection or alteration of any projecting signboard, provided that— | |||
| (a) | the signboard does not consist of stone; | |||
| (b) | the works do not result in any additional load to any cantilevered slab; | |||
| (c) | the works do not involve the alteration of any other structural elements; | |||
| (d) | the display area of the signboard is not more than 10 m2; | |||
| (e) | no part of the signboard projects more than 4.2 m from the external wall to which it is fixed; | |||
| (f) | the thickness of the signboard is not more than 600 mm; and | |||
| (g) | the works do not fall within the description of item 3.16. | |||
| 2.19. | Erection or alteration of any wall signboard, provided that— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | if the signboard comprises a display system consisting of light emitting diodes, the display area of the signboard is not more than 5 m2; | |||
| (d) | if the signboard does not comprise any display system consisting of light emitting diodes, the display area of the signboard is not more than 10 m2; | |||
| (e) | if the distance between any part of the signboard and the ground is more than 6 m, the signboard does not consist of stone; and | |||
| (f) | the works do not fall within the description of item 10 of Part 2 of Schedule 2 or item 3.17. | |||
| 2.20. | Erection or alteration of any signboard on or hung underneath the soffit of a balcony or canopy (other than a cantilevered slab), provided that— | |||
| (a) | the signboard does not consist of stone; | |||
| (b) | the display area of the signboard is not more than 2 m2; | |||
| (c) | no part of the signboard projects beyond the balcony or canopy; | |||
| (d) | the height of the signboard is not more than 600 mm; and | |||
| (e) | the thickness of the signboard is not more than 100 mm. | |||
| 2.21. | Erection or alteration of any outdoor signboard fixed on-grade (other than the construction of a spread footing), provided that— | |||
| (a) | the display area of the signboard is not more than 10 m2; | |||
| (b) | the thickness of the signboard is not more than 600 mm; and | |||
| (c) | the distance between any part of the signboard and the ground is not more than 2 m. | |||
| 2.22. | Erection or alteration of any outdoor signboard together with a spread footing, provided that— | |||
| (a) | the display area of the signboard is not more than 1 m2; | |||
| (b) | the thickness of the signboard is not more than 300 mm; | |||
| (c) | the distance between any part of the signboard and the ground is not more than 3 m; and (L.N. 60 of 2020) | |||
| (d) | the works involve an excavation of a depth of not more than 500 mm for construction of the footing. (L.N. 60 of 2020) | |||
| (e) | (Repealed L.N. 60 of 2020) | |||
| 2.23. | Replacement of the display surface of any signboard referred to in item 1.22, 1.23, 2.19 or 2.21, but only if the display surface consists of stone. (L.N. 60 of 2020) | |||
| 2.24. | Removal of any projecting signboard, provided that— | |||
| (a) | the display area of the signboard is not more than 20 m2; and | |||
| (b) | the works do not fall within the description of item 3.18. | |||
| 2.25. | Removal of any signboard located on the roof of a building, or any outdoor signboard fixed on-grade (other than the removal of the spread footing of any outdoor signboard), provided that— | |||
| (a) | the display area of the signboard is not more than 20 m2; and | |||
| (b) | the works do not fall within the description of item 3.19 or 3.22. | |||
| 2.26. | Removal of any wall signboard, provided that— | |||
| (a) | if the signboard comprises a display system consisting of light emitting diodes, the display area of the signboard is not more than 20 m2; | |||
| (b) | if the signboard does not comprise any display system consisting of light emitting diodes, the display area of the signboard is not more than 40 m2; and | |||
| (c) | the works do not fall within the description of item 11 of Part 2 of Schedule 2 or item 3.20. | |||
| 2.27. | Removal of any signboard located on or hung underneath the soffit of a balcony or canopy (other than a cantilevered slab), provided that the works do not fall within the description of item 3.21. | |||
| 2.28. | Repair of any underground drain, provided that— | |||
| (a) | the works involve an excavation of a depth of not more than 1.5 m; | |||
| (b) | the distance between any point of the excavation and the bottom of any retaining wall is at least equal to the depth of the excavation; (L.N. 60 of 2020) | |||
| (c) | the distance between any point of the excavation and the toe of any slope with a gradient of more than 15 degrees is at least equal to the depth of the excavation; (L.N. 60 of 2020) | |||
| (d) | the works do not involve the last manhole; | |||
| (e) | if the works are carried out beside the crest of a slope with a gradient of not more than 30 degrees, the distance between any point of the excavation and the outer edge of the crest is at least equal to the height of the slope; | |||
| (f) | if the works are carried out beside the crest of a slope with a gradient of more than 30 degrees— | |||
| (i) | the height of the slope is not more than 3 m; and | |||
| (ii) | the distance between any point of the excavation and the outer edge of the crest is at least equal to 1.5 times the height of the slope; and | |||
| (g) | if the works are carried out beside the top of a retaining wall— | |||
| (i) | the height of the wall is not more than 3 m; and | |||
| (ii) | (the distance between any point of the excavation and the wall is at least equal to 1.5 times the height of the wall. | |||
| 2.29. | Addition or alteration of any underground drain, provided that— | |||
| (a) | the works involve an excavation of a depth of not more than 1.5 m; | |||
| (b) | the distance between any point of the excavation and the bottom of any retaining wall is at least equal to the depth of the excavation; (L.N. 60 of 2020) | |||
| (c) | the distance between any point of the excavation and the toe of any slope with a gradient of more than 15 degrees is at least equal to the depth of the excavation; (L.N. 60 of 2020) | |||
| (d) | the works do not involve the last manhole; (L.N. 60 of 2020) | |||
| (e) | if the works are carried out beside the crest of a slope— | |||
| (i) | the gradient of the slope is not more than 15 degrees; | |||
| (ii) | the height of the slope is not more than 3 m; and | |||
| (iii) | the distance between any point of the excavation and the outer edge of the crest is at least equal to the height of the slope; and (L.N. 60 of 2020) | |||
| (f) | if the works are carried out beside the top of a retaining wall— | |||
| (i) | the height of the wall is not more than 3 m; and | |||
| (ii) | the distance between any point of the excavation and the wall is at least equal to 1.5 times the height of the wall. (L.N. 60 of 2020) | |||
| 2.30. | Erection, repair, alteration or removal of any aboveground drain, provided that— (L.N. 148 of 2011) | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not fall within the description of item 3.23; and | |||
| (c) | the works do not involve any repair or replacement of an internal branch pipe or sanitary fitment. (L.N. 148 of 2011)(L.N. 148 of 2011) | |||
| 2.31. | Removal of— | |||
| (a) | any architectural projection, any canopy, any supporting frame for an air-conditioning unit, light fitting or antenna or transceiver for public telecommunications services, or any rack (other than a drying rack) (rack), projecting from an external wall of a building or from a fence wall, but only if the projection, canopy, frame or rack— | |||
| (i) | projects more than 750 mm from the wall; and | |||
| (ii) | is not constructed of concrete; or | |||
| (b) | any ventilation duct or associated supporting frame projecting from an external wall of a building or from a fence wall on-grade, but only if the duct or frame projects more than 750 mm from the wall. (L.N. 60 of 2020) | |||
| 2.32. | Removal of any unauthorized structure (other than an architectural projection, canopy, frame or rack) projecting not more than 2 m from the external wall of a building, provided that, if the structure is fixed to a balcony or canopy that is a cantilevered slab, the span of the balcony or canopy is not more than 1 m. | |||
| 2.33. | Erection, repair or removal of any panel fixed by metal dowels and fixings onto a wall inside a building, provided that the distance between the highest point of the panel and the adjoining floor is more than 3 m but not more than 10 m. | |||
| 2.34. | Laying, repair or removal of any external rendering, external wall tile or roof finishes of a building, but only if— (L.N. 60 of 2020) | |||
| (a) | for works that involve the laying or repair of roof finishes—at the completion of the works, the thickness of the finishes is not more than that in the original design of the finishes; and | |||
| (b) | the works do not fall within the description of item 7 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.35. | Reinstatement in accordance with the original design of a slab in respect of which an opening has been formed, provided that— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the distance between the 2 points that are farthest away from each other within the area of the opening is more than 150 mm; and | |||
| (d) | the area of the opening is not more than 1 m2. | |||
| 2.36. | Removal of any underground drain, provided that— | |||
| (a) | the works involve an excavation of a depth of not more than 1.5 m; | |||
| (b) | the distance between any point of the excavation and the bottom of any retaining wall is at least equal to the depth of the excavation; (L.N. 60 of 2020) | |||
| (c) | the distance between any point of the excavation and the toe of any slope with a gradient of more than 15 degrees is at least equal to the depth of the excavation; (L.N. 60 of 2020) | |||
| (d) | the works do not involve the last manhole; | |||
| (e) | if the works are carried out beside the crest of a slope with a gradient of not more than 30 degrees, the distance between any point of the excavation and the outer edge of the crest is at least equal to the height of the slope; | |||
| (f) | if the works are carried out beside the crest of a slope with a gradient of more than 30 degrees— | |||
| (i) | the height of the slope is not more than 3 m; and | |||
| (ii) | the distance between any point of the excavation and the outer edge of the crest is at least equal to 1.5 times the height of the slope; and | |||
| (g) | if the works are carried out beside the top of a retaining wall— | |||
| (i) | the height of the wall is not more than 3 m; and | |||
| (ii) | the distance between any point of the excavation and the wall is at least equal to 1.5 times the height of the wall. | |||
| 2.37. | Removal of any chimney attached to the external wall of a building or located on the roof of a building, provided that— | |||
| (a) | the smallest cross-sectional dimension of the chimney is not more than 500 mm; and | |||
| (b) | the distance between the highest point of the chimney and the level of the adjoining roof is not more than 5 m. | |||
| 2.38. | Removal of any unauthorized structure hung underneath the soffit of a balcony or canopy (other than a cantilevered slab) or fixed to a balcony or canopy (other than a cantilevered slab). | |||
| 2.39. | Removal of any unauthorized single storey structure located on-grade or on a slab (other than a cantilevered slab), provided that— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the structure is not more than 5 m; | |||
| (c) | the structure is not a flat slab, pre-stressed concrete construction, transfer girder, hanger, cantilevered structure with a span of more than 1.2 m or earth retaining structure; | |||
| (d) | no structural element of the structure has a span of more than 6 m; and | |||
| (e) | the works do not fall within the description of item 3.32. | |||
| 2.40. | Removal of any metal gate at a fence wall or at an entrance to a building, provided that— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the weight of each leaf of the gate is not more than 300 kg; | |||
| (d) | the weight of at least one leaf of the gate is more than 200 kg; and | |||
| (e) | the height of the gate is not more than 3.2 m. | |||
| 2.41. | Erection, alteration, repair or removal of any metal wind guard for an opening on an external wall of a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | no part of the guard projects more than 300 mm from the wall; | |||
| (c) | the distance between the highest point of the guard and— | |||
| (i) | if the guard is above a roof—the roof; or | |||
| (ii) | in any other case—the ground, | |||
| is more than 3 m; and | ||||
| (d) | for a metal wind guard that is larger than the opening—when projecting an image of the guard onto the wall, the width of the border (not including the corners) between the projected image and the opening is not more than 300 mm. (L.N. 60 of 2020) | |||
| 2.42. | Erection or alteration of any fire damper in a ventilation system. (L.N. 60 of 2020) | |||
| 2.43. | Erection, alteration or repair of any retractable awning for an opening on an external wall of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the opening is— | |||
| (i) | a door opening (other than a door opening that serves as an exit for an escape staircase or that leads to a balcony or verandah); or | |||
| (ii) | a window opening (other than a window opening for a plant room, lavatory, bathroom or kitchen); | |||
| (c) | the awning is not fixed to any cantilevered slab; | |||
| (d) | no part of the awning is above the ceiling of the storey on which the opening is located; | |||
| (e) | the distance between the highest point of the awning and— | |||
| (i) | if the awning is above a roof—the roof; or | |||
| (ii) | in any other case—the ground, | |||
| is not more than 5.5 m; | ||||
| (f) | the awning projects— | |||
| (i) | when retracted—not more than 500 mm from the external wall; and | |||
| (ii) | when fully extended— | |||
| (A) | if the awning projects over a roof—not more than 2 m from the external wall; or | |||
| (B) | in any other case—not more than 2.5 m from the external wall; and | |||
| (g) | the awning is at most 500 mm wider than the opening on both the left-hand side and the right-hand side of the opening. (L.N. 60 of 2020) | |||
| 2.44. | Erection, alteration or removal of any trellis in a garden on-grade, but only if— | |||
| (a) | the height of the trellis is not more than 2.5 m; | |||
| (b) | for erection or alteration works— | |||
| (i) | the length and width of every opening of the overhead frame of the trellis are respectively not less than 200 mm; | |||
| (ii) | the horizontal clearance of the trellis from any other structure is not less than 500 mm; | |||
| (iii) | for works carried out in a private garden, at the completion of the works, the aggregate of the area covered by each trellis located in the garden is— | |||
| (A) | not more than 20 m2; and | |||
| (B) | not more than 5% of the total area of the garden; and | |||
| (iv) | for works carried out in a non-private garden, at the completion of the works— | |||
| (A) | each trellis located in the garden covers an area of not more than 20 m2; and | |||
| (B) | the aggregate of the area covered by each trellis located in the garden is not more than 10% of the total area of the garden; and | |||
| (c) | for removal works—the area covered by the trellis is not more than 20 m2. (L.N. 60 of 2020) | |||
| 2.45. | Erection, alteration or removal of any trellis on a roof of a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the height of the trellis is not more than 2.5 m; | |||
| (d) | for erection or alteration works— | |||
| (i) | the length and width of every opening of the overhead frame of the trellis are respectively not less than 200 mm; | |||
| (ii) | the horizontal clearance of the trellis from any other structure is not less than 500 mm; | |||
| (iii) | for works carried out in a common part of the building, at the completion of the works— | |||
| (A) | each trellis located in that common part covers an area of not more than 5 m2; and | |||
| (B) | the aggregate of the area covered by each trellis located in that common part is not more than 5% of the total area of that part; and | |||
| (iv) | for works carried out in a part that is not a common part of the building (non-common part), at the completion of the works— | |||
| (A) | each trellis located in that non-common part covers an area of not more than 5 m2; and | |||
| (B) | the aggregate of the area covered by each trellis located in that non-common part is not more than 20 m2 and not more than 5% of the total area of that part; and | |||
| (e) | for removal works—the area covered by the trellis is not more than 20 m2. (L.N. 60 of 2020) | |||
| 2.46. | Erection or alteration of any metal ventilation duct or associated supporting frame inside a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the smallest cross-sectional dimension of the duct is more than 900 mm; and | |||
| (c) | the largest cross-sectional dimension of the duct is not more than 1.8 m. (L.N. 60 of 2020) | |||
| 2.47. | Erection or alteration of any external metal ventilation duct, or associated supporting frame, on-grade or on a roof of a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the distance between the highest point of the duct or frame and the adjoining ground or adjoining roof (as the case requires) is not more than 2.5 m; and | |||
| (c) | the works do not fall within the description of item 22 of Part 2 of Schedule 2 or item 3.47. (L.N. 60 of 2020) | |||
| 2.48. | Repair, replacement or removal of any external metal cladding, but only if— | |||
| (a) | for repair or replacement works—the works are carried out in accordance with the original design of the cladding; and | |||
| (b) | the works do not fall within the description of item 3.31. (L.N. 60 of 2020) | |||
| 2.49. | Erection or alteration of any supporting frame projecting from an external wall of a building, but only if— | |||
| (a) | the frame is for supporting an air-conditioning unit, light fitting, or antenna or transceiver for public telecommunications services; | |||
| (b) | the works do not result in any additional load to any cantilevered slab; | |||
| (c) | no part of the frame projects more than 600 mm from the wall; | |||
| (d) | the distance between the highest point of the frame and— | |||
| (i) | if the frame is above a roof—the roof; or | |||
| (ii) | in any other case—the ground, | |||
| is more than 3 m; | ||||
| (e) | the frame is designed for an air-conditioning unit, light fitting, or antenna or transceiver for public telecommunications services (as the case requires) of not more than 150 kg in weight; and | |||
| (f) | the works do not fall within the description of item 3.27. (L.N. 60 of 2020) | |||
| 2.50. | Repair or replacement (in accordance with the original design) of any external metal structure providing access for maintenance; or removal of such a structure. (L.N. 60 of 2020) | |||
| 2.51. | Erection or alteration of any external cat-ladder, but only if the works do not fall within the description of item 28 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.52. | Erection, alteration, repair or removal of any outdoor planter, pond or fountain on-grade, but only if— | |||
| (a) | the vertical distance between the highest point and the lowest point of the planter, pond or fountain is not more than 1.5 m; and | |||
| (b) | the works do not fall within the description of item 24 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.53. | Erection or alteration of any external pole on-grade, but only if— | |||
| (a) | the height of the pole, including any feature at its top, is not more than 5 m; | |||
| (b) | the weight of the pole, including any feature at its top but excluding any pedestal, is not more than 150 kg; and | |||
| (c) | the works do not fall within the description of item 17 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.54. | Erection or alteration of any pole on a roof of a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the height of the pole, including any feature at its top, is not more than 2.5 m; | |||
| (d) | the weight of the pole, including any feature at its top but excluding any pedestal, is not more than 100 kg; | |||
| (e) | if there is more than one pole on the roof—the poles are at least 2.5 m away from each other; | |||
| (f) | the thickness of the roof slab supporting the pole is not less than 150 mm; and | |||
| (g) | the works do not fall within the description of item 19 of Part 2 of Schedule 2 or item 3.54. (L.N. 60 of 2020) | |||
| 2.55. | Erection or alteration of any solid fence wall (the wall) on a roof of a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the aggregate length of any additional wall per m2 of the roof area is not more than 0.3 m; | |||
| (d) | the thickness of the roof slab supporting the wall is not less than 150 mm; | |||
| (e) | the height of the wall is not more than 1.5 m; | |||
| (f) | the thickness of the wall is not more than 100 mm; | |||
| (g) | the density of the wall is not more than 650 kg per m3; and | |||
| (h) | the works do not fall within the description of item 20 of Part 2 of Schedule 2 or item 3.55. (L.N. 60 of 2020) | |||
| 2.56. | Erection or alteration of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any other structural elements; | |||
| (c) | the height of the structure, including any feature at its top, is not more than 2.5 m; | |||
| (d) | the thickness of the roof slab supporting the structure is not less than 150 mm; | |||
| (e) | the fence or railing is not used as a protective barrier; | |||
| (f) | if the lower part of the structure is a solid fence wall— | |||
| (i) | the height of the wall alone is not more than 1.1 m; | |||
| (ii) | the thickness of the wall is not more than 100 mm; | |||
| (iii) | the density of the wall is not more than 650 kg per m3; and | |||
| (iv) | the aggregate length of any additional wall per m2 of the roof area is not more than 0.3 m; and | |||
| (g) | the works do not fall within the description of item 18 of Part 2 of Schedule 2 or item 3.56. (L.N. 60 of 2020) | |||
| 2.57. | Erection of any mesh fence, metal railing or pole on top of a solid fence wall (other than an unauthorized solid fence wall and a solid fence wall falling within the description of item 5 of Part 2 of Schedule 2 that was erected, altered or repaired without the approval and consent of the Building Authority under section 14(1) of the Ordinance) (wall) on-grade, but only if— | |||
| (a) | the height of the wall alone is not more than 2.5 m; | |||
| (b) | the aggregate height of the wall and the fence, railing or pole, including any feature at its top, is not more than 5 m; | |||
| (c) | for a mesh fence or metal railing—the fence or railing is not used as a protective barrier; and | |||
| (d) | the works do not fall within the description of item 21 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |||
| 2.58. | Repair of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— | |||
| (a) | the height of the structure, including any feature at its top, is not more than 10 m; | |||
| (b) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 3 m; | |||
| (c) | the fence or railing is not used as a protective barrier; and | |||
| (d) | the works do not fall within the description of item 6 of Part 2 of Schedule 2 or item 3.58. (L.N. 60 of 2020) | |||
| 2.59. | Repair of any external pole on-grade, but only if— | |||
| (a) | the height of the pole, including any feature at its top, is not more than 10 m; and | |||
| (b) | the works do not fall within the description of item 17 of Part 2 of Schedule 2 or item 3.59. (L.N. 60 of 2020) | |||
| 2.60. | Repair of any pole on a roof of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the pole, including any feature at its top, is not more than 5 m; and | |||
| (c) | the works do not fall within the description of item 19 of Part 2 of Schedule 2 or item 3.60. (L.N. 60 of 2020) | |||
| 2.61. | Repair of any solid fence wall on a roof of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the wall is not more than 2 m; and | |||
| (c) | the works do not fall within the description of item 20 of Part 2 of Schedule 2 or item 3.61. (L.N. 60 of 2020) | |||
| 2.62. | Repair of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the structure, including any feature at its top, is not more than 5 m; | |||
| (c) | the fence or railing is not used as a protective barrier; | |||
| (d) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.5 m; and | |||
| (e) | the works do not fall within the description of item 18 of Part 2 of Schedule 2 or item 3.62. (L.N. 60 of 2020) | |||
| 2.63. | Removal of any pole on a roof of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the pole, including any feature at its top, is not more than 5 m; and | |||
| (c) | the works do not fall within the description of item 19 of Part 2 of Schedule 2 or item 3.63. (L.N. 60 of 2020) | |||
| 2.64. | Removal of any solid fence wall on a roof of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the wall is not more than 2 m; and | |||
| (c) | the works do not fall within the description of item 20 of Part 2 of Schedule 2 or item 3.64. (L.N. 60 of 2020) | |||
| 2.65. | Removal of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— | |||
| (a) | the works do not involve the alteration of any other structural elements; | |||
| (b) | the height of the structure, including any feature at its top, is not more than 5 m; | |||
| (c) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.5 m; and | |||
| (d) | the works do not fall within the description of item 18 of Part 2 of Schedule 2 or item 3.65. (L.N. 60 of 2020) | |||
| 2.66. | Removal of any external pole on-grade, but only if— | |||
| (a) | the height of the pole, including any feature at its top, is not more than 10 m; and | |||
| (b) | the works do not fall within the description of item 17 of Part 2 of Schedule 2 or item 3.66. (L.N. 60 of 2020) | |||
| 2.67. | Removal of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— | |||
| (a) | the height of the structure, including any feature at its top, is not more than 10 m; | |||
| (b) | if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 3 m; and | |||
| (c) | the works do not fall within the description of item 6 of Part 2 of Schedule 2 or item 3.5. (L.N. 60 of 2020) | |||
| 2.68. | Installation, alteration, replacement or removal of the display surface of any signboard, but only if— | |||
| (a) | the works do not result in any additional load to any cantilevered slab; | |||
| (b) | the works do not involve the alteration of any structural elements; | |||
| (c) | the display surface does not consist of stone; | |||
| (d) | for replacement works—the size and coverage of the display surface are the same as those of the display surface to be replaced; and | |||
| (e) | the works do not fall within the description of item 10 or 30 of Part 2 of Schedule 2 or item 3.16 or 3.17. (L.N. 60 of 2020) | |||
| Item | Description of building works |
| 3.1. | Removal of the whole of any internal staircase on the lowest storey of a building that is not used as a means of escape or a means of access for firefighting and rescue, provided that— |
| (a)the height of the staircase is not more than 1.5 m; and (b)the works do not involve the alteration of any other structural elements, except a simply supported beam that—(i)is not of pre-stressed construction; and(ii)is not used to support any column, flat slab or ribbed beam. | |
| 3.2. | Removal of— |
| (a)any supporting structure for a building services installation (supporting structure), or any metal casing for such an installation (casing), but only if—(i)the supporting structure or casing is located—(A)on-grade;(B)on a canopy (other than a cantilevered slab); or(C)on a roof (other than a cantilevered slab) of a building;(ii)for a supporting structure for an antenna or transceiver—the height of the structure is not more than 2.5 m;(iii)for a supporting structure for any other building services installation—the height of the structure is not more than 2 m; and(iv)the works do not fall within the description of item 12 of Part 2 of Schedule 2; or | |
| (b)any ventilation duct or associated supporting frame, but only if—(i)the duct or frame is located—(A)on-grade; or(B)on a roof (other than a cantilevered slab) of a building;(ii)the height of the duct or frame is not more than 2 m; and(iii)the works do not fall within the description of item 12 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.3. | Repair or replacement of any protective barrier (other than an external reinforced concrete wall or block wall) in accordance with the original design, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; and (b)the difference in height between the level on which the protective barrier is located and its adjacent level is not more than 2 m. | |
| 3.4. | Removal of any solid fence wall on-grade, but only if— |
| (a)the height of the wall is not more than 3 m; and (b)the works do not fall within the description of item 5 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.5. | Removal of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— |
| (a)the height of the structure, including any feature at its top, is not more than 5 m; (b)if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 2.5 m; and (c)the works do not fall within the description of item 6 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.6. | Construction, alteration, repair or replacement of any window or window wall, but only if— (L.N. 60 of 2020) |
| (a)the works do not result in any additional load to any cantilevered slab; (ab)the distance between the highest point of the window or window wall and the ground is not more than 100 m; (L.N. 60 of 2020) (b)if the distance between the highest point of the window or window wall and the ground is more than 3.5 m but not more than 100 m—(i)the works involve the sub-frame of the window or window wall only; and(ii)the length of the sub-frame is not more than 1.2 m; (c)if the distance between the highest point of the window or window wall and the ground is not more than 3.5 m, no structural element of the window or window wall has a span of more than 6 m; and | |
| (d)the works do not involve the alteration of any other structural elements, except a simply supported beam that—(i)is not of pre-stressed construction; and(ii)is not used to support any column, flat slab or ribbed beam. | |
| 3.7. | Removal of any window or window wall, provided that— |
| (a)the works do not involve the alteration of any other structural elements; and (b)the distance between the highest point of the window or window wall and the ground is not more than 3.5 m. | |
| 3.8. | Removal of any radio base station for telecommunications services in the form of an enclosure or equipment cabinet together with its supporting structure located on the roof of a building, provided that— |
| (a)(Repealed L.N. 60 of 2020) (b)the works do not involve any structural elements constructed of concrete; (c)the length of the station is not more than 4.5 m; (d)the width of the station is not more than 4.5 m; and (e)the height of the station is not more than 2 m. | |
| 3.9. | (Repealed L.N. 60 of 2020) |
| 3.10. | (Repealed L.N. 60 of 2020) |
| 3.11. | Erection, alteration or removal of any external non-load bearing block wall of a building, but only if— (L.N. 60 of 2020) |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (L.N. 60 of 2020) (c)the height of the wall is not more than 1.1 m; and (L.N. 60 of 2020) (d)the works do not fall within the description of item 3.45 or 3.46. (L.N. 60 of 2020) | |
| 3.12. | Repair of any external non-load bearing block wall of a building, but only if— (L.N. 60 of 2020) |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; and (c)the height of the wall is not more than 3.5 m. | |
| 3.13. | Erection, alteration, repair or removal of any metal gate at a fence wall or at an entrance to a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the weight of each leaf of the gate is not more than 200 kg; (d)the height of the gate is not more than 3.2 m; and (e)the works do not fall within the description of item 8 of Part 2 of Schedule 2. | |
| 3.14. | (Repealed L.N. 60 of 2020) |
| 3.15. | (Repealed L.N. 60 of 2020) |
| 3.16. | Erection, alteration or removal of any projecting signboard (including the replacement of the display surface of any signboard), provided that— |
| (a)the signboard does not consist of stone; (b)the works do not result in any additional load to any cantilevered slab; (c)the works do not involve the alteration of any other structural elements; (d)the display area of the signboard is not more than 1 m2; (e)no part of the signboard projects more than 1 m from the external wall to which it is fixed; (f)the thickness of the signboard is not more than 300 mm; (L.N. 60 of 2020) (g)the distance between any part of the signboard and the ground is not more than 6 m; and (L.N. 60 of 2020) (h)the works do not fall within the description of item 30 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.17. | Erection, alteration or removal of any wall signboard (including the replacement of the display surface of any signboard), provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the display area of the signboard is not more than 5 m2; (d)the distance between any part of the signboard and the ground is not more than 6 m; and (e)the works do not fall within the description of item 10, 11 or 30 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.18. | Removal of— |
| (a)any projecting signboard, but only if—(i)the display area of the signboard is not more than 2 m2;(ii)no part of the signboard projects more than 2 m from the external wall to which it is fixed; and(iii)the distance between any part of the signboard and the ground is not more than 6 m; or | |
| (b)any signboard fixed to a fence wall on-grade. (L.N. 60 of 2020) | |
| 3.19. | Removal of any signboard located on the roof of a building, provided that— |
| (a)the display area of the signboard is not more than 5 m2; and (L.N. 60 of 2020) (b)the height of the signboard is not more than 2 m. (L.N. 60 of 2020) (c)(Repealed L.N. 60 of 2020) | |
| 3.20. | Removal of any wall signboard, provided that— |
| (a)the display area of the signboard is not more than 10 m2; (b)the distance between any part of the signboard and the ground is not more than 6 m; and | |
| (c)the works do not fall within the description of item 11 of Part 2 of Schedule 2. | |
| 3.21. | Removal of any signboard located on or hung underneath the soffit of a balcony or canopy (other than a cantilevered slab), provided that— |
| (a)if the signboard is located on a balcony or canopy, the display area of the signboard is not more than 5 m2; (b)if the signboard is hung underneath the soffit of a balcony or canopy, the display area of the signboard is not more than 2 m2; and (c)the height of the signboard is not more than 1 m. | |
| 3.22. | Removal of any outdoor signboard fixed on-grade (other than the removal of the spread footing of any outdoor signboard), provided that— |
| (a)the display area of the signboard is not more than 1 m2; and (b)the distance between any part of the signboard and the ground is not more than 3 m. | |
| 3.23. | Erection, repair, alteration or removal of any aboveground drain, provided that— (L.N. 148 of 2011) |
| (a)the works do not result in any additional load to any cantilevered slab;(b)the works do not involve any main pipe, other than the replacement of components at existing junctions;(c)the works do not involve any embedded pipe, other than a pipe that passes through a wall or slab; and(d)the works do not involve any repair or replacement of an internal branch pipe or sanitary fitment. (L.N. 148 of 2011)(L.N. 148 of 2011) | |
| 3.24. | Removal of any aboveground drain the erection of which was unauthorized. |
| 3.25. | Erection, alteration or removal of any canopy projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b) for erection or alteration works—no part of the canopy projects more than 500 mm from the wall; (L.N. 60 of 2020) (ba)for removal works—no part of the canopy projects more than 750 mm from the wall; (L.N. 60 of 2020) (c)the canopy is not constructed of concrete; and (d)the distance between the highest point of the canopy and— (L.N. 60 of 2020)(i)if the canopy is above a roof—the roof; or(ii)in any other case—the ground,is more than 3 m. (L.N. 60 of 2020) | |
| 3.26. | Removal of any architectural projection, canopy, supporting frame for an air-conditioning unit, light fitting or antenna or transceiver for public telecommunications services, or rack (other than a drying rack) (rack), projecting from an external wall of a building or from a fence wall, but only if— (L.N. 60 of 2020) |
| (a)no part of the projection, canopy, frame or rack projects more than 750 mm from the wall; | |
| (b)the projection, canopy, frame or rack is not constructed of concrete; and (c)the works do not fall within the description of item 13 or 14 of Part 2 of Schedule 2. | |
| 3.27. | Erection, alteration or removal of any supporting frame projecting from an external wall of a building, but only if— (L.N. 60 of 2020) |
| (aa)the frame is for supporting an air-conditioning unit, light fitting, or antenna or transceiver for public telecommunications services; (L.N. 60 of 2020) (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the frame projects more than 600 mm from the wall; | |
| (c)the distance between the highest point of the frame and— (L.N. 60 of 2020)(i)if the frame is above a roof—the roof; or(ii)in any other case—the ground,is more than 3 m; and (L.N. 60 of 2020) | |
| (d)the frame is designed for an air-conditioning unit, light fitting, or antenna or transceiver for public telecommunications services (as the case requires) of not more than 100 kg in weight. (L.N. 60 of 2020) | |
| 3.28. | (Repealed L.N. 60 of 2020) |
| 3.29. | Erection, alteration or removal of any drying rack projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the rack projects more than 750 mm from the wall; and (c)the distance between the highest point of the rack and— (L.N. 60 of 2020)(i)if the rack is above a roof—the roof; or(ii)in any other case—the ground,is more than 3 m. (L.N. 60 of 2020) | |
| 3.30. | Removal of any drying rack projecting from the external wall of a building, provided that the works do not fall within the description of item 15 of Part 2 of Schedule 2. |
| 3.31. | Erection, repair or removal of any external cladding, but only if— |
| (a)the distance between any part of the cladding and the adjoining ground or adjoining roof (as the case requires) is not more than 6 m; and (b)for an external cladding that is not fixed to any external wall of a building—(i)the cladding is metal cladding;(ii)the cladding is not fixed to any cantilevered slab; and(iii)if the cladding is above a roof—(A)the setback distance of the cladding from the edge of the roof is more than 600 mm; and(B)the roof is not more than 20 m above the ground. (L.N. 60 of 2020) | |
| 3.32. | Removal of any unauthorized single storey structure located on-grade or on a slab (other than a cantilevered slab), provided that— |
| (a)the works do not involve the alteration of any other structural elements; (b)the height of the structure is not more than 2.5 m; (c)the structure is not a flat slab, pre-stressed concrete construction, transfer girder, hanger, cantilevered structure with a span of more than 1.2 m or earth retaining structure; (d)no structural element of the structure has a span of more than 4.5 m; and (L.N. 60 of 2020) | |
| (e)the structure has a roofed over area of not more than 20 m2. (L.N. 60 of 2020) (f)(Repealed L.N. 60 of 2020) | |
| 3.33. | Removal of any metal gate at a fence wall or at an entrance to a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the weight of each leaf of the gate is not more than 200 kg; (d)the height of the gate is not more than 3.2 m; and (e)the works do not fall within the description of item 8 of Part 2 of Schedule 2. | |
| 3.34. | Strengthening of any unauthorized supporting structure for an air-conditioning unit, water cooling tower or any associated ducts located on-grade or on a slab (other than a cantilevered slab), provided that the structure is designed for an air-conditioning unit or water cooling tower, of not more than 100 kg in weight. (L.N. 60 of 2020) |
| 3.35. | Strengthening of any unauthorized metal supporting frame for an air-conditioning unit or any associated ducts projecting from the external wall of a building, provided that— (L.N. 60 of 2020) |
| (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the frame projects more than 600 mm from the wall; (c)the frame is designed for an air-conditioning unit of not more than 100 kg in weight; and | |
| (d)if the distance between the highest point of the frame and the ground is not more than 3 m, the frame does not project over any street or common part of the building. | |
| 3.36. | Strengthening of any unauthorized drying rack projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the rack projects more than 750 mm from the wall; and (c)if the distance between the highest point of the rack and the ground is not more than 3m, the rack does not project over any street or common part of the building. | |
| 3.37. | Strengthening of any unauthorized canopy projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the canopy projects more than 500 mm from the wall; (c)the canopy is not constructed of concrete; and (d)if the distance between the highest point of the canopy and the ground is not more than 3 m, the canopy does not project over any street or common part of the building. | |
| 3.38. | Alteration of any unauthorized canopy projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the canopy is not constructed of concrete; (c)immediately before the alteration, the canopy projects more than 500 mm from the wall, but no part of the canopy projects more than 750 mm from the wall; (d)immediately after the alteration, no part of the canopy projects more than 500 mm from the wall; and (e)if the distance between the highest point of the canopy and— (L.N. 60 of 2020)(i)in the case that the canopy is above a roof—the roof; or | |
| (ii)in any other case—the ground, is not more than 3 m—the canopy does not project over any street or common part of the building. (L.N. 60 of 2020) | |
| 3.39. | Erection of any non-load bearing block wall in a domestic flat, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the density of the wall is not more than 650 kg per m3; (d)the height of the wall is not more than 3 m; (e)the thickness of the wall is not more than 75 mm; | |
| (f)the thickness of the floor slab supporting the wall is not less than 125 mm; (g)the thickness of the floor screeding of the floor slab supporting the wall is not more than 25 mm measured from the structural floor level; and (h)the aggregate length of any additional wall per m2 of the floor area of the flat is more than 0.1 m but not more than 0.3 m. (L.N. 74 of 2012) | |
| 3.40. | Erection of any non-load bearing block wall in a non-domestic flat, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; | |
| (b)the works do not involve the alteration of any other structural elements; (c)the density of the wall is not more than 650 kg per m3; (d)the height of the wall is not more than 3.5 m; (e)the thickness of the wall is not more than 100 mm; (f)the thickness of the floor screeding of the floor slab supporting the wall is not more than 25 mm measured from the structural floor level; and (g)the aggregate length of any additional wall per m2 of the floor area of the flat is more than 0.2 m but not more than 0.4 m. (L.N. 74 of 2012) | |
| 3.41. | Thickening of any floor slab of a domestic flat by laying solid screeding, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; | |
| (b)if any non-load bearing block wall is erected in the flat— | |
| (i)the aggregate length of any additional wall per m2 of the floor area of the flat is less than 0.1 m; and (ii)the conditions in item 3.39(a), (b), (c), (d), (e) and (f) are complied with; | |
| (c)the thickness of the floor slab is not less than 125 mm; (d)the density of the screeding is not more than 1 200 kg per m3; and (L.N. 60 of 2020) | |
| (e)the thickness of the screeding is—(i)if the density of the screeding is not more than 650 kg per m3—(A)in the case that the aggregate area of the screeding is not more than 1.5 m2 within a floor area of 10 m2 of the flat and the nearest horizontal distance between each of the area of screeding is not less than 2 m—more than 25 mm but not more than 150 mm measured from the structural floor level; or(B)in any other case—more than 25 mm but not more than 75 mm measured from the structural floor level; and (L.N. 60 of 2020) | |
| (ii)if the density of the screeding is more than 650 kg per m3—(A)in the case that the aggregate area of the screeding is not more than 1 m2 within a floor area of 10 m2 of the flat and the nearest horizontal distance between each of the area of screeding is not less than 2 m—more than 25 mm but not more than 100 mm measured from the structural floor level; or(B)in any other case—more than 25 mm but not more than 45 mm measured from the structural floor level. (L.N. 60 of 2020) | |
| 3.42. | Thickening of any floor slab of a non-domestic flat by laying solid screeding, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)if any non-load bearing block wall is erected in the flat—(i)the aggregate length of any additional wall per m2 of the floor area of the flat is less than 0.2 m; and(ii)the conditions in item 3.40(a), (b), (c), (d) and (e) are complied with; (c)the density of the screeding is not more than 1 200 kg per m3; and (L.N. 60 of 2020) | |
| (d)the thickness of the screeding is—(i)if the density of the screeding is not more than 650 kg per m3—(A)in the case that the aggregate area of the screeding is not more than 2.5 m2 within a floor area of 10 m2 of the flat and the nearest horizontal distance between each of the area of screeding is not less than 2 m—more than 25 mm but not more than 200 mm measured from the structural floor level; or (B)in any other case—more than 25 mm but not more than 125 mm measured from the structural floor level; and (L.N. 60 of 2020) | |
| (ii)if the density of the screeding is more than 650 kg per m3—(A)in the case that the aggregate area of the screeding is not more than 2 m2 within a floor area of 10 m2 of the flat and the nearest horizontal distance between each of the area of screeding is not less than 2 m—more than 25 mm but not more than 150 mm measured from the structural floor level; or(B)in any other case—more than 25 mm but not more than 75 mm measured from the structural floor level. (L.N. 60 of 2020) | |
| 3.43. | Removal of any retractable awning projecting from an external wall of a building or from a fence wall. (L.N. 60 of 2020) |
| 3.44. | Repair of any trellis on a roof of a building or in a garden on-grade, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the height of the trellis is not more than 2.5 m; and (d)the area covered by the trellis is not more than 20 m2. (L.N. 60 of 2020) | |
| 3.45. | Formation of any opening on an external non-load bearing reinforced concrete or block wall, but only if— |
| (a)the distance between the 2 points that are farthest away from each other within the area of the opening is not more than 150 mm; (b)for a wall that has 2 or more openings (whether before or after the formation works)—the distance between each of the openings is not less than 150 mm; and (c)at the completion of the formation works, there are not more than 3 openings in total within a wall area of 1 m2. (L.N. 60 of 2020) | |
| 3.46. | Reinstatement of an external non-load bearing reinforced concrete or block wall in respect of which an opening has been formed, but only if the distance between the 2 points that are farthest away from each other within the area of the opening is not more than 150 mm. (L.N. 60 of 2020) |
| 3.47. | Erection or alteration of any external metal ventilation duct, or associated supporting frame, on-grade or on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the distance between the highest point of the duct or frame and the adjoining ground or adjoining roof (as the case requires) is not more than 1.5 m; and (c)the works do not fall within the description of item 22 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.48. | Erection or alteration of any external metal ventilation duct or associated supporting frame, but only if the works do not result in any additional load to any cantilevered slab, and— |
| (a)the duct or frame projects from an external wall of a building, and—(i)no part of the duct or frame projects more than 600 mm from the wall; and(ii)the distance between the highest point of the duct or frame and—(A)if the duct or frame is above a roof—the roof; or(B)in any other case—the ground,is more than 3 m; | |
| (b)the duct or frame is located on a balcony, verandah or canopy (other than a cantilevered slab) of a building, and—(i)the largest cross-sectional dimension of the duct, or the duct with which the frame is associated, is not more than 600 mm;(ii)the distance between the highest point of the duct or frame and—(A)if the duct or frame is above a roof—the roof; or(B)in any other case—the ground,is more than 3 m; and(iii)the distance between the highest point of the duct or frame and the balcony, verandah or canopy is not more than 1.5 m; or (c)the duct or frame is hung underneath the soffit of a balcony, verandah or canopy (other than a cantilevered slab) of a building, and— | |
| (i)the largest cross-sectional dimension of the duct, or the duct with which the frame is associated, is not more than 600 mm; and (ii)the distance between the highest point of the duct or frame and—(A)if the duct or frame is above a roof—the roof; or(B)in any other case—the ground,is more than 3 m. (L.N. 60 of 2020) | |
| 3.49. | Removal of any ventilation duct (duct) or associated supporting frame (frame), but only if— |
| (a)the duct or frame—(i)projects from an external wall of a building;(ii)projects from a fence wall on-grade;(iii)is located on a balcony, verandah or canopy (other than a cantilevered slab) of a building; or(iv)is hung underneath the soffit of a balcony, verandah or canopy (other than a cantilevered slab) of a building; | |
| (b)for a duct or frame projecting from an external wall of a building or from a fence wall on-grade—no part of the duct or frame projects more than 750 mm from the wall; | |
| (c)for a duct or frame located on a balcony, verandah or canopy (other than a cantilevered slab) of a building—the distance between the highest point of the duct or frame and the balcony, verandah or canopy is not more than 2 m; and | |
| (d)the works do not fall within the description of item 23 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.50. | Erection or alteration of any supporting structure for a building services installation (supporting structure), or any metal casing for such an installation (casing), on-grade or on a roof (other than a cantilevered slab and an inaccessible roof) of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; | |
| (b)for a supporting structure—(i)the structure is designed for a building services installation—(A)of not more than 200 kg in weight; and(B)the average weight of which is not more than 100 kg per m2 of the ground area (if the structure is located on-grade) or slab area (if the structure is located on a roof); and(ii)the height of the structure is—(A)if it is designed for an antenna or transceiver—not more than 2.5 m; or(B)if it is designed for any other building services installation—not more than 1.5 m; and | |
| (c)for a casing—(i)the weight of the casing is not more than 10% of the weight of the building services installation; and(ii)the inner surface of the casing and the installation are not more than 200 mm apart in all directions. (L.N. 60 of 2020) | |
| 3.51. | Repair or removal of any external cat-ladder, but only if the works do not fall within the description of item 28 of Part 2 of Schedule 2. (L.N. 60 of 2020) |
| 3.52. | Repair or removal of any planter on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; and (c)the height of the planter is not more than 1.1 m. (L.N. 60 of 2020) | |
| 3.53. | Repair of any of the following items, but only if the works do not involve any excavation of a depth of more than 300 mm or any replacement or removal of masonry blocks— |
| (a)any pointing in a masonry retaining wall; (b)the hard cover of any natural, formed or man-made slope; (c)any surface drainage channel, catch-pit or sand-trap connected to a natural, formed or man-made slope; (d)any surface drainage channel, catch-pit or sand-trap connected to a retaining wall. (L.N. 60 of 2020) | |
| 3.54. | Erection or alteration of any pole on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; | |
| (c)the height of the pole, including any feature at its top, is not more than 1.5 m; (d)the weight of the pole, including any feature at its top but excluding any pedestal, is not more than 100 kg; (e)if there is more than one pole on the roof—the poles are at least 2.5 m away from each other; | |
| (f)the thickness of the roof slab supporting the pole is not less than 150 mm; and (g)the works do not fall within the description of item 19 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.55. | Erection or alteration of any solid fence wall (the wall) on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; | |
| (c)the aggregate length of any additional wall per m2 of the roof area is not more than 0.3 m; (d)the thickness of the roof slab supporting the wall is not less than 150 mm; | |
| (e)the height of the wall is not more than 1.1 m; (f)the thickness of the wall is not more than 100 mm; | |
| (g)the density of the wall is not more than 650 kg per m3; and (h)the works do not fall within the description of item 20 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.56. | Erection or alteration of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; | |
| (c)the height of the structure, including any feature at its top, is not more than 1.5 m; (d)the thickness of the roof slab supporting the structure is not less than 150 mm; (e)the fence or railing is not used as a protective barrier; | |
| (f)if the lower part of the structure is a solid fence wall—(i)the height of the wall alone is not more than 300 mm;(ii)the thickness of the wall is not more than 100 mm;(iii)the density of the wall is not more than 650 kg per m3; and(iv)the aggregate length of any additional wall per m2 of the roof area is not more than 0.3 m; and | |
| (g)the works do not fall within the description of item 18 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.57. | Repair of any solid fence wall on-grade, but only if— |
| (a)the height of the wall is not more than 3 m; and (b)the works do not fall within the description of item 5 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.58. | Repair of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— |
| (a)the height of the structure, including any feature at its top, is not more than 5 m; (b)if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 2.5 m; (c)the fence or railing is not used as a protective barrier; and (d)the works do not fall within the description of item 6 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.59. | Repair of any external pole on-grade, but only if— |
| (a)the height of the pole, including any feature at its top, is not more than 5 m; and (b)the works do not fall within the description of item 17 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.60. | Repair of any pole on a roof of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; (b)the height of the pole, including any feature at its top, is not more than 2.5 m; and | |
| (c)the works do not fall within the description of item 19 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.61. | Repair of any solid fence wall on a roof of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; (b)the height of the wall is not more than 1.5 m; and (c)the works do not fall within the description of item 20 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.62. | Repair of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; (b)the height of the structure, including any feature at its top, is not more than 2.5 m; (c)the fence or railing is not used as a protective barrier; | |
| (d)if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.1 m; and (e)the works do not fall within the description of item 18 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.63. | Removal of any pole on a roof of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; | |
| (b)the height of the pole, including any feature at its top, is not more than 2.5 m; and (c)the works do not fall within the description of item 19 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.64. | Removal of any solid fence wall on a roof of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; (b)the height of the wall is not more than 1.5 m; and (c)the works do not fall within the description of item 20 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.65. | Removal of any mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— |
| (a)the works do not involve the alteration of any other structural elements; (b)the height of the structure, including any feature at its top, is not more than 2.5 m; | |
| (c)if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.1 m; and (d)the works do not fall within the description of item 18 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
| 3.66. | Removal of any external pole on-grade, but only if— |
| (a)the height of the pole, including any feature at its top, is not more than 5 m; and (b)the works do not fall within the description of item 17 of Part 2 of Schedule 2. (L.N. 60 of 2020) | |
In this Schedule—
aggregate length of any additional wall (加建牆壁總長度), in relation to works carried out on a roof, means the difference between—(a)the total length of the non-load bearing walls (excluding the width of any door openings on the walls) on the roof (wall length) as shown on the approved plan; and(b)the wall length as measured at the completion of the works; building services installation (屋宇裝備裝置) has the meaning given by section 1 of Part 1 of Schedule 1; cross-sectional dimension (橫切面尺寸) has the meaning given by section 1A of Part 1 of Schedule 1; display area (展示面積), in relation to a signboard, means the area of the largest planar surface of a virtual rectangular prism containing all parts of the signboard (including its supporting structure) except any structural elements of the signboard solely for preventing the lateral movement of the signboard; inaccessible roof (非開放屋頂) has the meaning given by section 1 of Part 1 of Schedule 1; planter (花槽) has the meaning given by section 1 of Part 1 of Schedule 1; roof finishes (屋頂飾面) has the meaning given by section 1 of Part 1 of Schedule 1; unauthorized (違例) has the meaning given by section 1 of Part 1 of Schedule 1.A description of an item of designated exempted works specified in Part 2 of this Schedule that involves any alteration works must be read as including any strengthening works for that item.
A description of an item of designated exempted works specified in Part 2 of this Schedule that involves any erection works must be read as including any replacement of that item.
A description of an item of designated exempted works specified in Part 2 of this Schedule that involves any removal works must be read as including any removal works for any structure that falls within the description of that item and is an unauthorized structure.
| Item | Description of building works |
| 1. | Formation of any opening in a slab, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; | |
| (b)the works do not involve the alteration of any other structural elements; (c)the distance between the 2 points that are farthest away from each other within the area of the opening is not more than 150 mm; and (d)if there is already an opening in the slab, the distance between the centre of the opening to be formed and any other opening in the slab is not less than 450 mm. | |
| 2. | Reinstatement in accordance with the original design of a slab in respect of which an opening has been formed, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; and (c)the distance between the 2 points that are farthest away from each other within the area of the opening is not more than 150 mm. | |
| 3. | Replacement of any glass reinforced polyester water tank in accordance with the original design, provided that— |
| (a)the capacity of the tank is not more than 9 m3 and the water head of the tank is not more than 2 m; and (b)if the tank is located on the roof of a building, the distance between the tank and the edge of the roof is more than 1.5 m. | |
| 4. | Removal of any glass reinforced polyester water tank, provided that— |
| (a)the capacity of the tank is not more than 9 m3; and (b)if the tank is located on the roof of a building, the distance between the tank and the edge of the roof is more than 1.5 m. | |
| 5. | Erection, alteration, repair or removal of any solid fence wall on-grade, but only if— |
| (a)the height of the wall is not more than 1.1 m; and (b)the wall is not used as a protective barrier. (L.N. 60 of 2020) | |
| 6. | Repair or removal of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— |
| (a)the height of the structure, including any feature at its top, is not more than 3 m; (b)if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.1 m; and (c)the structure is not used as a protective barrier. (L.N. 60 of 2020) | |
| 7. | Laying, repair or removal of any external rendering, external wall tile or roof finishes of a building, but only if— |
| (a)for external rendering and external wall tile—the distance between the highest point of the rendering or tile and the adjoining ground or adjoining roof (as the case requires) is not more than 3 m; (b)for roof finishes—(i)the gradient of the roof is not more than 1 in 4; and(ii)the roof is not an inaccessible roof; and (c)for works that involve the laying or repair of roof finishes—at the completion of the works, the thickness of the finishes is not more than that in the original design of the finishes. (L.N. 60 of 2020) | |
| 8. | Erection, alteration, repair or removal of any metal gate at a fence wall or at an entrance to a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the weight of each leaf of the gate is not more than 100 kg; (d)the width of each leaf of the gate is not more than 1.2 m; and (e)the height of the gate is not more than 2.2 m. | |
| 9. | Excavation works of a depth of not more than 300 mm. (L.N. 60 of 2020) |
| 10. | Erection or alteration of any signboard (including the replacement of the display surface of any signboard) fixed to the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the display area of the signboard is not more than 1 m2; (d)the signboard does not comprise any display system consisting of light emitting diodes; (e)no part of the signboard projects more than 150 mm from the wall; and (f)the distance between any part of the signboard and the ground is not more than 3 m. | |
| 11. | Removal of any signboard fixed to the external wall of a building, provided that— |
| (a)the display area of the signboard is not more than 1 m2; | |
| (b)the signboard does not comprise any display system consisting of light emitting diodes; (c)no part of the signboard projects more than 600 mm from the wall; and (d)the distance between any part of the signboard and the ground is not more than 3 m. | |
| 12. | Removal of— |
| (a)any supporting structure for a building services installation (supporting structure), or any metal casing for such an installation (casing), but only if—(i)the supporting structure or casing is located—(A)on-grade;(B)on a canopy (other than a cantilevered slab); or(C)on a roof (other than a cantilevered slab) of a building;(ii)for a supporting structure—the height of the structure is not more than 1 m; and(iii)for a supporting structure or casing located on a roof of a building—(A)the distance between any part of the structure or casing and the edge of the roof is more than 1.5 m; or(B)there is a protective barrier of a height of not less than 1.1 m at the edge of the roof; or | |
| (b)any ventilation duct (duct) or associated supporting frame (frame), but only if—(i)the duct or frame is located—(A)on-grade; or(B)on a roof (other than a cantilevered slab) of a building; | |
| (ii)the height of the duct or frame is not more than 1 m; and(iii)for a duct or frame located on a roof of a building—(A)the distance between any part of the duct or frame and the edge of the roof is more than 1.5 m; or(B)there is a protective barrier of a height of not less than 1.1 m at the edge of the roof.(L.N. 60 of 2020) | |
| 13. | Erection, alteration or removal of any supporting frame projecting from an external wall of a building, but only if— (L.N. 60 of 2020) |
| (aa)the frame is for supporting an air-conditioning unit or light fitting; (L.N. 60 of 2020) | |
| (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the frame projects more than 600 mm from the wall; | |
| (c)the distance between the highest point of the frame and— (L.N. 60 of 2020)(i)if the frame is above a roof—the roof; or(ii)in any other case—the ground,is not more than 3 m; (L.N. 60 of 2020) | |
| (d)the frame is designed for an air-conditioning unit or light fitting (as the case requires) of not more than 100 kg in weight; and (L.N. 60 of 2020) (e)the frame does not project over any street or common part of the building. | |
| 14. | Erection, alteration or removal of any canopy projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the canopy is not constructed of concrete; (c)no part of the canopy projects more than 500 mm from the wall; (d)the distance between the highest point of the canopy and— (L.N. 60 of 2020)(i)if the canopy is above a roof—the roof; or(ii)in any other case—the ground,is not more than 3 m; and (L.N. 60 of 2020) (e)the canopy does not project over any street or common part of the building. | |
| 15. | Erection, alteration or removal of any drying rack projecting from the external wall of a building, provided that— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)no part of the rack projects more than 750 mm from the wall; | |
| (c)the distance between the highest point of the rack and— (L.N. 60 of 2020)(i)if the rack is above a roof—the roof; or(ii)in any other case—the ground,is not more than 3 m; and (L.N. 60 of 2020) (d)the rack does not project over any street or common part of the building. | |
| 16. | Erection or alteration of any external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if— |
| (a)the height of the structure, including any feature at its top, is not more than 3 m; (b)if the lower part of the structure is a solid fence wall—the height of the wall alone is not more than 1.1 m; and (c)the structure is not used as a protective barrier. (L.N. 60 of 2020) | |
| 17. | Erection, alteration, repair or removal of any external pole on-grade, but only if— |
| (a)the height of the pole, including any feature at its top, is not more than 3 m; and (b)for erection or alteration works—the weight of the pole, including any feature at its top but excluding any pedestal, is not more than 100 kg. (L.N. 60 of 2020) | |
| 18. | Erection, alteration, repair or removal of any mesh fence or metal railing on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the height of the fence or railing, including any feature at its top, is not more than 1.1 m; | |
| (d)the lower part of the fence or railing, excluding any pedestal, is not a solid fence wall; (e)the fence or railing is not used as a protective barrier; and (f)if there is no protective barrier of a height of not less than 1.1 m at any edge of the roof—the distance between any part of the fence or railing and that edge is more than 1.5 m. (L.N. 60 of 2020) | |
| 19. | Erection, alteration, repair or removal of any pole on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)the height of the pole, including any feature at its top, is not more than 1.1 m; | |
| (d)if there is no protective barrier of a height of not less than 1.1 m at any edge of the roof—the distance between any part of the pole and that edge is more than 1.5 m; and (e)for erection or alteration works—if there is more than one pole on the roof, the poles are at least 2.5 m away from each other. (L.N. 60 of 2020) | |
| 20. | Erection, alteration, repair or removal of any solid fence wall (the wall) on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the works do not involve the alteration of any other structural elements; (c)for erection or alteration works—the aggregate length of any additional wall per m2 of the roof area is not more than 0.3 m; | |
| (d)the height of the wall is not more than 500 mm; (e)the thickness of the wall is not more than 100 mm; (f)the density of the wall is not more than 650 kg per m3; and (g)if there is no protective barrier of a height of not less than 1.1 m at any edge of the roof—the distance between any part of the wall and that edge is more than 1.5 m. (L.N. 60 of 2020) | |
| 21. | Erection of any mesh fence, metal railing or pole on top of a solid fence wall (other than an unauthorized solid fence wall) (wall) on-grade, but only if— |
| (a)the height of the wall alone is not more than 2.5 m; (b)the aggregate height of the wall and the fence, railing or pole, including any feature at its top, is not more than 3 m; and (c)for a mesh fence or metal railing—the fence or railing is not used as a protective barrier. (L.N. 60 of 2020) | |
| 22. | Erection, alteration or removal of any external metal ventilation duct (duct), or associated supporting frame (frame), on-grade or on a roof of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the distance between the highest point of the duct or frame and the adjoining ground or adjoining roof (as the case requires) is not more than 900 mm; and (c)for a duct or frame located on a roof—if there is no protective barrier of a height of not less than 1.1 m at any edge of the roof, the distance between any part of the duct or frame and that edge is more than 1.5 m. (L.N. 60 of 2020) | |
| 23. | Erection, alteration or removal of any external metal ventilation duct or associated supporting frame, but only if the works do not result in any additional load to any cantilevered slab, and— |
| (a)the duct or frame projects from an external wall of a building, and—(i)no part of the duct or frame projects more than 750 mm from the wall;(ii)the distance between the highest point of the duct or frame and—(A)if the duct or frame is above a roof—the roof; or(B)in any other case—the ground,is not more than 3 m; and(iii)for erection or alteration works—the duct or frame does not project over any street or common part of the building; | |
| (b)the duct or frame is located on a balcony, verandah or canopy (other than a cantilevered slab) of a building, and—(i)the largest cross-sectional dimension of the duct, or the duct with which the frame is associated, is not more than 750 mm;(ii)the distance between the highest point of the duct or frame and—(A)if the duct or frame is above a roof—the roof; or(B)in any other case—the ground,is not more than 3 m; | |
| (iii)the distance between the highest point of the duct or frame and the balcony, verandah or canopy is not more than 900 mm; and(iv)for erection or alteration works—the balcony, verandah or canopy does not project over any street or common part of the building; or (c)the duct or frame is hung underneath the soffit of a balcony, verandah or canopy (other than a cantilevered slab) of a building, and—(i)the largest cross-sectional dimension of the duct, or the duct with which the frame is associated, is not more than 750 mm; | |
| (ii)the distance between the highest point of the duct or frame and—(A)if the duct or frame is above a roof—the roof; or(B)in any other case—the ground,is not more than 3 m; and(iii)for erection or alteration works—the balcony, verandah or canopy does not project over any street or common part of the building. (L.N. 60 of 2020) | |
| 24. | Erection, alteration, repair or removal of any outdoor planter, pond or fountain on-grade, but only if— |
| (a)the works do not involve any excavation of a depth of more than 300 mm; (b)for erection or alteration works—the distance between the highest point of the planter, pond or fountain and the adjoining ground is not more than 600 mm; and (c)for repair or removal works—the distance between the highest point of the planter, pond or fountain and the adjoining ground is not more than 1.1 m. (L.N. 60 of 2020) | |
| 25. | Addition, alteration, repair or removal of any surface drainage channel on-grade, but only if— |
| (a)the depth of the channel is not more than 300 mm; and (b)the channel is not for any natural, formed or man-made slope or any retaining wall. (L.N. 60 of 2020) | |
| 26. | Erection, alteration, repair or removal of any metal supporting frame for the growing of plants that is fixed to an external wall of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the maximum loading that the frame, together with any plants growing on it, adds to the wall is not more than 100 kg per m2 of the wall area; (c)the frame does not project over any street or common part of the building; | |
| (d)no part of the frame projects more than 300 mm from the wall; and (e)the distance between the highest point of the frame and—(i)if the frame is above a roof—the roof; or(ii)in any other case—the ground,is not more than 3 m. (L.N. 60 of 2020) | |
| 27. | Erection, alteration, repair or removal of any metal window security grille, or metal wind guard, for an opening on an external wall of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the grille or guard does not project over any street or common part of the building; (c)no part of the grille or guard projects more than 300 mm from the wall; | |
| (d)the distance between the highest point of the grille or guard and—(i)if the grille or guard is above a roof—the roof; or(ii)in any other case—the ground,is not more than 3 m; and (e)for a security grille or wind guard that is larger than the opening—when projecting an image of the grille or guard onto the wall, the width of the border (not including the corners) between the projected image and the opening is not more than 300 mm. (L.N. 60 of 2020) | |
| 28. | Erection, alteration, repair or removal of any cat-ladder projecting from an external wall of a building, but only if— |
| (a)the works do not result in any additional load to any cantilevered slab; (b)the distance between the highest point of the cat-ladder and—(i)if the cat-ladder is above a roof—the roof; or(ii)in any other case—the ground,is not more than 3 m; (c)no part of the rungs of the cat-ladder projects more than 300 mm from the wall; | |
| (d)the rungs of the cat-ladder are not wider than 500 mm; and (e)the cat-ladder does not project over any street. (L.N. 60 of 2020) | |
| 29. | Laying or replacement of any waterproofing layer on any roof surface of a building, but only if— |
| (a)the waterproofing layer is a liquid-applied or membrane-applied type; and (b)the works do not involve the laying or removal of any tile layer or screeding layer. (L.N. 60 of 2020) | |
| 30. | Installation, alteration, replacement or removal of the display surface of any signboard, but only if— |
| (a)the material used for the display surface is fabric sheeting or plastic; and (b)the works do not involve the alteration of any structural elements. (L.N. 60 of 2020) |
In this Schedule—
building services installation (屋宇裝備裝置) has the meaning given by section 1 of Part 1 of Schedule 1; inaccessible roof (非開放屋頂) has the meaning given by section 1 of Part 1 of Schedule 1; non-private garden (非私人花園) has the meaning given by section 1 of Part 1 of Schedule 1; private garden (私人花園) has the meaning given by section 1 of Part 1 of Schedule 1; projecting signboard (伸出式招牌) has the meaning given by section 1 of Part 1 of Schedule 1; total length of additional wall (新建牆壁總長度), in relation to a structure on a roof, means the difference between—(a)the total length of the non-load bearing walls (excluding the width of any door openings on the walls) on the roof (roof wall length) as shown on the approved plan; and(b)the roof wall length as measured when the structure is inspected; trellis (花棚) has the meaning given by section 1 of Part 1 of Schedule 1; unauthorized (違例), when used to describe any structure, means the structure is erected in contravention of any provision of the Ordinance; wall signboard (靠牆招牌) has the meaning given by section 1 of Part 1 of Schedule 1.| Item | Description | |
| 1. | Unauthorized supporting structure for an air-conditioning unit, water cooling tower or any associated air ducts located on-grade or on a slab (other than a cantilevered slab), provided that the structure is designed for an air-conditioning unit or water cooling tower, of not more than 100 kg in weight. | |
| 2. | Unauthorized metal supporting frame for an air-conditioning unit or any associated air ducts projecting from the external wall of a building, provided that— | |
| (a) | no part of the frame projects more than 600 mm from the wall; | |
| (b) | the frame is designed for an air-conditioning unit of not more than 100 kg in weight; and | |
| (c) | if the distance between the highest point of the frame and the ground is not more than 3 m, the frame does not project over any street or common part of the building. | |
| 3. | Unauthorized drying rack projecting from the external wall of a building, provided that— | |
| (a) | no part of the rack projects more than 750 mm from the wall; and | |
| (b) | if the distance between the highest point of the rack and the ground is not more than 3 m, the rack does not project over any street or common part of the building. | |
| 4. | Unauthorized canopy projecting from the external wall of a building, provided that— | |
| (a) | no part of the canopy projects more than 500 mm from the wall; | |
| (b) | the canopy is not constructed of concrete; and | |
| (c) | if the distance between the highest point of the canopy and the ground is not more than 3 m, the canopy does not project over any street or common part of the building. | |
| Item | Description | |
| 1. | An unauthorized projecting signboard falling within the description of— | |
| (a) | paragraphs (a), (d), (e) and (f) of item 1.20 of Part 3 of Schedule 1; | |
| (b) | paragraphs (a), (d), (e) and (f) of item 2.18 of Part 3 of Schedule 1; or | |
| (c) | paragraphs (a), (d), (e), (f) and (g) of item 3.16 of Part 3 of Schedule 1. | |
| 2. | An unauthorized wall signboard falling within the description of— | |
| (a) | paragraphs (c), (d) and (e) of item 1.22 of Part 3 of Schedule 1; | |
| (b) | paragraphs (c), (d) and (e) of item 2.19 of Part 3 of Schedule 1; or | |
| (c) | paragraphs (c) and (d) of item 3.17 of Part 3 of Schedule 1. | |
| 3. | An unauthorized signboard on the roof of a building falling within the description of paragraphs (a), (d), (e), (f) and (g) of item 1.21 of Part 3 of Schedule 1. | |
| 4. | An unauthorized outdoor signboard fixed on-grade falling within the description of— | |
| (a) | paragraphs (a), (b) and (c) of item 1.23 of Part 3 of Schedule 1; or | |
| (b) | paragraphs (a), (b) and (c) of item 2.21 of Part 3 of Schedule 1. | |
| 5. | An unauthorized outdoor signboard together with a spread footing falling within the description of paragraphs (a), (b), (c) and (d) of item 2.22 of Part 3 of Schedule 1. | |
| 6. | An unauthorized signboard on or hung underneath the soffit of a balcony or canopy (other than a cantilevered slab) falling within the description of paragraphs (a), (b), (c), (d) and (e) of item 2.20 of Part 3 of Schedule 1. | |
| Item | Description |
| 1. | An unauthorized supporting structure for a building services installation (supporting structure), or an unauthorized metal casing for such an installation (casing), on-grade, on a canopy (other than a cantilevered slab) or on a roof (other than a cantilevered slab) of a building, but only if— (a)for a supporting structure—the structure— (i)falls within the description of paragraph (b) of item 1.50 of Part 3 of Schedule 1 (item 1.50); and (ii)does not fall within the description of item 2; and (b)for a casing—the casing— (i)falls within the description of paragraph (c) of item 1.50; and (ii)does not fall within the description of item 2. |
| 2. | An unauthorized supporting structure for a building services installation (supporting structure), or an unauthorized metal casing for such an installation (casing), on-grade or on a roof (other than a cantilevered slab and an inaccessible roof) of a building, but only if— (a)for a supporting structure—the structure falls within the description of paragraph (b) of item 3.50 of Part 3 of Schedule 1; and (b)for a casing—the casing falls within the description of paragraph (c) of that item. |
| 3. | An unauthorized supporting structure for a radio base station solely for telecommunications services in the form of an equipment cabinet, on a roof of a building, but only if the structure falls within the description of paragraphs (b), (c) and (d) of item 1.14 of Part 3 of Schedule 1. |
| 4. | An unauthorized supporting frame for an air-conditioning unit projecting from an external wall of a building, but only if— (a)the frame— (i)is designed for an air-conditioning unit of more than 100 kg but not more than 150 kg in weight; and (ii)falls within the description of paragraphs (c) and (d) of item 2.49 of Part 3 of Schedule 1; or (b)the frame— (i)is designed for an air-conditioning unit of not more than 100 kg in weight; and (ii)falls within the description of paragraphs (b) and (c) of item 3.27 of Part 3 of Schedule 1. |
| 5. | An unauthorized supporting frame for a light fitting projecting from an external wall of a building, but only if— (a)the frame— (i)is designed for a light fitting of more than 100 kg but not more than 150 kg in weight; and (ii)falls within the description of paragraphs (c) and (d) of item 2.49 of Part 3 of Schedule 1; or (b)the frame— (i)is designed for a light fitting of not more than 100 kg in weight; and (ii)falls within the description of paragraphs (b) and (c) of item 3.27 of Part 3 of Schedule 1. |
| 6. | An unauthorized solid fence wall on-grade, but only if the wall— (a)falls within the description of paragraph (a) of item 2.6 of Part 3 of Schedule 1; and (b)is not a wall falling within the description of paragraphs (a) and (b) of item 5 of Part 2 of Schedule 2. |
| 7. | An unauthorized solid fence wall on a roof of a building, but only if— (a)the wall falls within the description of paragraphs (e), (f) and (g) of item 3.55 of Part 3 of Schedule 1; (b)the requirement in paragraph (d) of that item is complied with; (c)the total length of additional wall per m2 of the roof area is not more than 0.3 m; and (d)the wall is not a wall falling within the description of paragraphs (d) and (g) of item 20 of Part 2 of Schedule 2. |
| 8. | An unauthorized external mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on-grade, but only if the structure— (a)falls within the description of paragraphs (a), (b) and (c) of item 2.7 of Part 3 of Schedule 1; and (b)does not fall within the description of item 16 of Part 2 of Schedule 2. |
| 9. | An unauthorized mesh fence or metal railing (with or without a solid fence wall as its lower part) (structure) on a roof of a building, but only if— (a)the structure falls within the description of paragraphs (c) and (e) of item 2.56 of Part 3 of Schedule 1 and— (i)the requirement in paragraph (d) of that item is complied with; (ii)if the lower part of the structure is a solid fence wall— (A)the wall falls within the description of paragraph (f)(i), (ii) and (iii) of that item; and (B)the total length of additional wall per m2 of the roof area is not more than 0.3 m; and (iii)the structure is not a structure falling within the description of paragraphs (c), (d) and (f) of item 18 of Part 2 of Schedule 2 or paragraph (b); or (b)the structure falls within the description of paragraphs (c) and (e) of item 3.56 of Part 3 of Schedule 1 and— (i)the requirement in paragraph (d) of that item is complied with; (ii)if the lower part of the structure is a solid fence wall— (A)the wall falls within the description of paragraph (f)(i), (ii) and (iii) of that item; and (B)the total length of additional wall per m2 of the roof area is not more than 0.3 m; and (iii)the structure is not a structure falling within the description of paragraphs (c), (d) and (f) of item 18 of Part 2 of Schedule 2. |
| 10. | An unauthorized mesh fence or metal railing on top of a solid fence wall (other than an unauthorized solid fence wall) (construction) on-grade, but only if the construction— (a)falls within the description of paragraphs (a) and (b) of item 1.59 of Part 3 of Schedule 1; and (b)is not a construction falling within the description of paragraphs (b) and (c) of item 21 of Part 2 of Schedule 2 or item 11. |
| 11. | An unauthorized mesh fence or metal railing on top of a solid fence wall (other than an unauthorized solid fence wall and a solid fence wall falling within the description of item 5 of Part 2 of Schedule 2 that was erected, altered or repaired without the approval and consent of the Building Authority under section 14(1) of the Ordinance) (construction) on-grade, but only if the construction— (a)falls within the description of paragraphs (a), (b) and (c) of item 2.57 of Part 3 of Schedule 1; and (b)does not fall within the description of paragraph (b) of item 21 of Part 2 of Schedule 2. |
| 12. | An unauthorized external pole on-grade, but only if— (a)the pole falls within the description of paragraphs (a) and (b) of item 2.53 of Part 3 of Schedule 1; and (b)either of the following— (i)the height of the pole, including any feature at its top, is more than 3 m; (ii)the weight of the pole, including any feature at its top but excluding any pedestal, is more than 100 kg. |
| 13. | An unauthorized pole on a roof of a building, but only if— (a)the height of the pole, including any feature at its top, is more than 1.5 m but not more than 2.5 m and— (i)the pole falls within the description of paragraph (d) of item 2.54 of Part 3 of Schedule 1; and (ii)the requirements in paragraphs (e) and (f) of that item are complied with; or (b)the height of the pole, including any feature at its top, is not more than 1.5 m and— (i)the pole falls within the description of paragraph (d) of item 3.54 of Part 3 of Schedule 1; (ii)the requirements in paragraphs (e) and (f) of that item are complied with; and (iii)the pole is not a pole falling within the description of paragraphs (c) and (d) of item 19 of Part 2 of Schedule 2. |
| 14. | An unauthorized metal gate at a fence wall, but only if— (a)the gate falls within the description of paragraphs (c) and (d) of item 1.16 of Part 3 of Schedule 1; (b)the gate falls within the description of paragraphs (c), (d) and (e) of item 2.16 of Part 3 of Schedule 1; or (c)the gate— (i)falls within the description of paragraphs (c) and (d) of item 3.13 of Part 3 of Schedule 1; and (ii)is not a metal gate falling within the description of paragraphs (c), (d) and (e) of item 8 of Part 2 of Schedule 2. |
| 15. | An unauthorized canopy projecting from an external wall of a building over an entrance to the building, but only if the canopy— (a)falls within the description of paragraphs (b) and (c) of item 1.27 of Part 3 of Schedule 1; and (b)is not a canopy falling within the description of paragraphs (c), (d) and (e) of item 14 of Part 2 of Schedule 2 or item 16. |
| 16. | An unauthorized canopy projecting from an external wall of a building, but only if— (a)the canopy falls within the description of paragraphs (c) and (d) of item 3.25 of Part 3 of Schedule 1; and (b)no part of the canopy projects more than 500 mm from the wall. |
| 17. | An unauthorized retractable awning for an opening on an external wall of a building, but only if— (a)the opening falls within the description of paragraph (b) of item 2.43 of Part 3 of Schedule 1; and (b)the awning falls within the description of paragraphs (c), (d), (e), (f) and (g) of that item. |
| 18. | An unauthorized trellis in a garden on-grade, but only if— (a)the trellis falls within the description of paragraphs (a) and (b)(i) and (ii) of item 2.44 of Part 3 of Schedule 1; (b)if the trellis is located in a private garden—the aggregate of the area covered by each trellis located in the garden is— (i)not more than 20 m2; and (ii)not more than 5% of the total area of the garden; and (c)if the trellis is located in a non-private garden—the requirements in paragraph (b)(iv)(A) and (B) of that item are complied with. |
| 19. | An unauthorized trellis on a roof of a building, but only if— (a)the trellis falls within the description of paragraphs (c), (d) and (e) of item 1.45 of Part 3 of Schedule 1 and— (i)if the trellis is located in a common part of the building—the requirements in paragraph (f)(i) and (ii) of that item are complied with; (ii)if the trellis is located in a part that is not a common part of the building (non-common part)—the aggregate of the area covered by each trellis located in the non-common part is— (A)not more than 20 m2; and (B)not more than 5% of the total area of that part; and (iii)the trellis does not fall within the description of paragraph (b); or (b)the trellis falls within the description of paragraphs (c) and (d)(i) and (ii) of item 2.45 of Part 3 of Schedule 1 and— (i)if the trellis is located in a common part of the building—the requirements in paragraph (d)(iii)(A) and (B) of that item are complied with; and (ii)if the trellis is located in a part that is not a common part of the building—the requirements in paragraph (d)(iv)(A) and (B) of that item are complied with. |
| 20. | An unauthorized external metal ventilation duct, or an unauthorized supporting frame associated with an external metal ventilation duct, on-grade or on a roof of a building, but only if— (a)the duct or frame— (i)falls within the description of paragraph (b) of item 2.47 of Part 3 of Schedule 1; and (ii)does not fall within the description of paragraph (b) of item 3.47 of Part 3 of Schedule 1 (item 3.47); or (b)the duct or frame— (i)falls within the description of paragraph (b) of item 3.47; and (ii)is not a duct or frame falling within the description of paragraphs (b) and (c) of item 22 of Part 2 of Schedule 2. |
| 21. | An unauthorized external metal ventilation duct, or an unauthorized supporting frame associated with an external metal ventilation duct, but only if the duct or frame falls within the description of paragraph (a), (b) or (c) of item 3.48 of Part 3 of Schedule 1. |
(Part 4 added L.N. 93 of 2021)