Hong Kong Ordinances

BUILDINGS ORDINANCE - SECT 16

Grounds on which approval or consent may be refused

(Past version on 01/04/1998).
(Past version on 22/12/1997).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Building Authority may refuse to give his approval of any plans of
building works where-

   (a)  the plans are not such as are prescribed by regulations or are not
        such as he may have required under this section;

   (b)  the plans are not endorsed with or accompanied by a certificate from
        the Director of Fire Services certifying either-

        (i)    that, having regard to the purpose to which the building is
               intended to be put (which purpose shall be stated in the
               certificate), no fire service installation or equipment is
               necessary in connexion with the building that will result from
               the carrying out of the building works shown on the plans; or

        (ii)   that the plans have been examined and are approved by him as
               showing all such fire service installations and equipment as in
               his opinion, having regard to the purpose to which the building
               is intended to be put (which purpose shall be stated in the
               certificate), comprise the minimum fire service installations
               and equipment necessary for such building in accordance with a
               Code of Practice published from time to time by the Director of
               Fire Services; (Added 3 of 1964 s. 2)

   (c)  he has not received application for their approval in the specified
        form or any such application does not contain the particulars required
        therein; (Amended 68 of 1993 s. 8)

   (d)  the carrying out of the building works shown thereon would contravene
        the provisions of this Ordinance or of any other enactment, or would
        contravene any approved or draft plan prepared under the Town 
        Planning Ordinance ( Cap 131);

   (da) the building works are within a comprehensive development area of an
        approved or draft plan prepared under the Town Planning Ordinance (
        Cap 131) and the works contravene a master lay-out plan approved by
        the Town Planning Board under section 4A(2) of the
        Town Planning Ordinance ( Cap 131); (Added 2 of 1988 s. 8(1))

   (e)  he has not received such other documents as are prescribed by
        regulations;

   (f)  such fees as are prescribed by regulations have not been paid;

   (g)  the carrying out of the building works shown thereon would result in a
        building differing in height, design, type or intended use from
        buildings in the immediate neighbourhood or previously existing on the
        same site;

   (h)  the building works consist of, or any part thereof involves, the
        construction, formation or laying out of any means of access or other
        opening, not being a street or access road, to or from any street, and
        the place at or manner in which such means of access or other opening
        opens on to the street is, in his opinion, such as to be dangerous or
        likely to be dangerous or prejudicial to the safety or convenience of
        traffic using the street, or which may be expected to use the same;

   (i)  in his opinion, it is necessary for him to have further particulars of
        such plans or of the building works shown thereon or, where all the
        plans prescribed by regulations have not been submitted, to have one
        or more of the other plans prescribed by regulations, to enable him
        fully to consider such plans;

   (j)  any further particulars or other plans delivered to him, upon his
        refusal, under paragraph (i), to give his approval to any plans, are
        not to his satisfaction;

   (k)  such plans differ materially from those approved upon the exemption
        from the provisions of Part I of the Landlord and Tenant 
        (Consolidation) Ordinance ( Cap 7) of the premises to which they
        relate; (Amended 73 of 1970 s. 2; 29 of 1983 s. 47)

   (l)  it appears to him that the demolition of a building that requires to
        be demolished before the building works shown on such plans can be
        carried out-

        (i)    will cause, or will be likely to cause, a total or partial
               collapse of any adjoining or other building, or

        (ii)   will render, or will be likely to render, any adjoining or
               other building so dangerous that it will collapse, or be likely
               to collapse, either totally or partially, and he is not
               satisfied that the collapse or the likelihood of the collapse,
               or such danger or the likelihood of such danger to the
               building, can be avoided; (Added 27 of 1964 s. 2)

   (m)  in the case of plans showing site formation works, piling works,
        excavation works or foundation works, it appears to him that the
        carrying out of such works-

        (i)    will cause, or will be likely to cause, a total or partial
               collapse of any adjoining or other building, street or natural,
               formed or man-made land, or

        (ii)   will render, or will be likely to render, an adjoining or other
               building, street or natural, formed or man-made land so
               dangerous that it will collapse, or be likely to collapse,
               either totally or partially, and he is not satisfied that the
               collapse or the likelihood of the collapse, or such danger or
               the likelihood of such danger to the building, street or land,
               can be avoided; (Added 27 of 1964 s. 2. Amended 72 of 1980 s.
               4)

   (n)  it appears to him that the proposed user of the building to which the
        plans relate would contravene the provisions of regulation 49 of the
        Building (Planning) Regulations ( Cap 123 sub. leg. F); (Added 23 of
        1969 s . 3)

   (o)  the plans relate to building works to be carried out upon land in
        respect of which a notice has been served under section 4 of the
        Lands  Resumption Ordinance ( Cap 124) or under the proviso for
        resumption contained in the Government lease of the land; (Added 73 of
        1970 s. 2. Amended 29 of 1998 s. 25)

   (p)  in the case of building works to be carried out on a site which in his
        opinion ought to be provided with streets having adequate connexion to
        a public street, he is not satisfied that such streets are or will be
        provided; (Added 59 of 1973 s. 2. Amended L.N. 159 of 1990)

   (q)  in the case of building works to be carried out in area number 1 of
        the scheduled areas the building is one which in his opinion must be
        capable of resisting landslip debris and he is not satisfied that the
        plans provide adequately for that capability. (Added 41 of 1982 s. 4.
        Amended 52 of 1990 s. 3)

(1A) Without prejudice to any other power of the Building Authority under this
section, the Building Authority shall refuse to give his approval to any plans
of building works where the building works proposed include the construction
of a hand-dug caisson unless he is satisfied that any of the following
circumstances exists-

   (a)  the depth of the hand-dug caisson does not exceed 3 metres and the
        diameter of the inscribed circle of the hand-dug caisson is not less
        than 1.5 metres;

   (b)  for the site concerned-

        (i)    the use of a hand-dug caisson is the only practical
               construction method; or

        (ii)   there is no other safe engineering alternative. (Added 6 of
               1995 s. 3)

(2) The Building Authority may refuse to give his approval of any plans of
street works where-

   (a)  the plans are not such as are prescribed by regulations;

   (b)  he has not received application for their approval in the specified
        form or any such application does not contain the particulars required
        therein; (Amended 68 of 1993 s. 8)

   (c)  the carrying out of the street works shown thereon would contravene
        the provisions of this Ordinance or of any other enactment;

   (d)  in the case of an access road, the place at or manner in which the
        access road opens on to a street is, in his opinion, such as to be
        dangerous or likely to be dangerous or prejudicial to the safety or
        convenience of traffic using the street or access road, or which may
        be expected to use the same;

   (e)  such fees as are prescribed by regulations have not been paid;

   (f)  in the opinion of the Building Authority, it is necessary for him to
        have further particulars of such plans to enable him fully to consider
        such plans;

   (g)  any further particulars delivered to him, upon his refusal under
        paragraph (f) to give his approval to any plans, are not to his
        satisfaction.

(3) The Building Authority may refuse to give his consent to the commencement
of any building works or street works where-

   (a)  he has not received and given his approval to all the plans thereof
        prescribed by regulations;

   (b)  he has not received such other documents as may be prescribed by
        regulations;

   (ba) any condition or requirement imposed by him under section  17 (1) in
        respect of the building works or street works has not been complied
        with to his satisfaction; (Added 52 of 1990 s. 3)

   (bb) he is not satisfied that the authorized person, registered 
        structural engineer, registered geotechnical engineer,
        registered general  building contractor or
        registered specialist contractor has adequately provided precautionary
        and other protective measures for demolition works; (Added 54 of 1996
        s. 16. Amended 15 of 2004 s. 18)

   (bc) the authorized person has not lodged a supervision plan for the works;
        (Added 54 of 1996 s. 16)

   (c)  such fees as are prescribed by regulations have not been paid; or

   (d)  a period exceeding 2 years has elapsed since the approval of any of
        the prescribed plans in respect of the building works or street 
        works. (Amended 23 of 1969 s. 3)

(3A) In subsection (3)(d), the reference to plans does not include such plans
as are for the time being approved in connexion with an order under Part I of
the Landlord and Tenant (Consolidation) Ordinance ( Cap 7) excluding the
premises from the further application of that Part. (Replaced 73 of 1970 s. 2.
Amended 29 of 1983 s. 47)

(4) The Building Authority may refuse to give his consent to the commencement
of any building works where it appears to him that the carrying out of the
building works-

   (a)  will cause, or will be likely to cause, a total or partial collapse of
        any adjoining or other building, street or natural, formed or man-made
        land, or

   (b)  will render, or will be likely to render, any adjoining or other
        building, street or natural, formed or man-made land so dangerous that
        it will collapse, or be likely to collapse, either totally or
        partially, and he is not satisfied that the collapse or the likelihood
        of the collapse, or such danger or the likelihood of such danger to
        the building, street or land, can be avoided. (Added 27 of 1964 s. 2.
        Amended 31 of 1964 s. 2; 72 of 1980 s. 4)

(5) Without prejudice to subsection (4), the Building Authority may refuse to
give his consent to the commencement of demolition works until he is satisfied
that adequate precautions have been taken-

   (a)  to prevent a collapse, whether total or partial, or the likelihood of
        such a collapse, of any adjoining or other building, street or
        natural, formed or man-made land; or

   (b)  to prevent any adjoining or other building, street or natural, formed
        or man-made land becoming so dangerous, or the likelihood of any such
        building, street or land becoming so dangerous, that it will collapse
        or be likely to collapse, either totally or partially. (Added 27 of
        1964 s. 2. Amended 72 of 1980 s. 4) (Added 44 of 1959 s. 4)