Hong Kong Ordinances

BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE - SECT 2

Interpretation

(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"balcony" (露台) has the meaning assigned to it by regulation 2 of the
Building (Planning) Regulations ( Cap 123 sub. leg.);

"building works" (建築工程) has the meaning assigned to it by section 2 of
the Buildings Ordinance ( Cap 123) save that it shall not include site
formation works, drainage works, or the construction of seawalls;

"canopy" (簷篷) has the meaning assigned to it by regulation 2 of the
Building (Planning) Regulations ( Cap 123 sub. leg.);

"certificate of exemption" (豁免證明書) means a certificate of exemption
issued under this Ordinance;

"certificate of exemption in respect of agricultural use"
(關於農業用途的豁免證明書) means a certificate of exemption issued
under section 5(c);

"certificate of exemption in respect of community use"
(關於社區用途的豁免證明書) means a certificate of exemption issued
under section 5(b);

"certificate of exemption in respect of new housing"
(關於新房屋的豁免證明書) means a certificate of exemption issued
under section 5(a);

"certificate of exemption in respect of replacement housing"
(關於重建臨時房屋的豁免證明 書) means a certificate of exemption
issued under section 5(d);

"Director" (署長) means the Director of Lands and any person authorized by
him under section 11; (Amended L.N. 291 of 1993)

"District" (地方行政區) has the meaning assigned to it by the
District Councils  Ordinance ( Cap 547); (Replaced 8 of 1999 s. 89)

"height" (高度) in relation to any building means the perpendicular height
of the building measured from the level of its lowest point at ground level
to, subject to subsection (4), the level of the highest point of its roof;

"New Territories" (新界) does not include New Kowloon;

"party wall" (共用牆) means a load-bearing wall-

   (a)  forming part of a building used or constructed to be used for the
        purpose of separating adjoining buildings; and

   (b)  which extends continuously-

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

        (ii)   from an external wall to the external wall opposite; and

   (c)  which has no door, doorway, arch, archway, window or other opening
        constructed in it;

"roofed-over area" (有蓋面積) means the area of a building enclosed within
the external faces of the main structural walls (which includes any party 
wall) of that building together with, subject to subsection (5), the area of
any balcony, stairway, verandah, porch, canopy or any other projection from
the building.

(2) For the purposes of this Ordinance any word or phrase not defined in
subsection (1) and which has a meaning assigned to it by section 2 of the
Buildings Ordinance ( Cap 123) shall have that meaning.

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

   (a)  where that building is of a height of not more than 7.62 m, is a
        load-bearing brick wall of not less than 225 mm thick;

   (b)  where that building is of a height of more than 7.62 m but not more
        than 8.23 m-

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

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

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

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

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

   (b)  any parapet on the roof if the height is not more than 1.22 m; or

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

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

   (a)  they all project from the same side of the building for a distance of
        not more than 1.22 m; and

   (b)  they are not enclosed. (Enacted 1987)

"balcony" (露台)

"building works" (建築工程)

"canopy" (簷篷)

"certificate of exemption" (豁免證明書)

"certificate of exemption in respect of agricultural use"
(關於農業用途的豁免證明書)

"certificate of exemption in respect of community use"
(關於社區用途的豁免證明書)

"certificate of exemption in respect of new housing"
(關於新房屋的豁免證明書)

"certificate of exemption in respect of replacement housing"
(關於重建臨時房屋的豁免證明 書)

"Director" (署長)

"District" (地方行政區)

"height" (高度)

"New Territories" (新界)

"party wall" (共用牆)

"roofed-over area" (有蓋面積)