Hong Kong Ordinances

BUILDINGS ORDINANCE - SECT 21

Occupation of new building

(Past version on 30/06/1997).

(1) No new building shall be occupied in any way except by not more than 2
caretakers unless-

   (a)  in respect of such building the Building Authority has issued an
        occupation permit; or

   (b)  in respect of the whole or any part of the building which is being
        occupied there is a temporary occupation permit, issued by the
        Building Authority, which temporary occupation permit has not expired
        and has not been revoked by the Building Authority. (Amended 23 of
        1969 s. 5; 68 of 1993 s. 12)

(2) On receiving an application in the appropriate specified form, the
Building Authority may issue- (Amended 68 of 1993 s. 12)

   (a)  an occupation permit in respect of the new building which is the
        subject of such application; or

   (b)  a temporary occupation permit in respect of the whole or any part of a
        new building which is completed and which is the subject of the
        application. (Amended 23 of 1969 s. 5)

(3) On the issue of a temporary occupation permit, the Building  Authority may
impose such conditions as he may consider necessary including a condition
limiting the duration of the temporary occupation permit to such period as he
may consider necessary and may revoke a temporary occupation permit for breach
of any such condition by the service on the building owner of notice of
revocation in writing. (Amended 68 of 1993 s. 12)

(4) If an occupation permit is issued in respect of a building, every
temporary occupation permit issued in respect of the whole or any part of the
building shall thereupon be deemed to have been revoked. (Amended 23 of 1969
s. 5)

(5) If a temporary occupation permit in respect of the whole or a part of a
building has been revoked or has expired and an occupation permit has not been
issued in respect of the building, the provisions of subsection (1) shall
apply to the building or to such part of the building, as the case may be, on
the expiration of 7 days from the expiry or revocation of the temporary
occupation permit. (Amended 23 of 1969 s. 5)

(6) The Building Authority may refuse to issue a temporary occupation permit
or an occupation permit under this section where-

   (a)  any part of the building works has been carried out in contravention
        of any of the provisions of this Ordinance;

   (b)  any street works required under the provisions of this Ordinance in
        connexion with any new private street or any access road, on to which
        the building abuts or fronts or by which access is obtained, remain to
        be completed;

   (c)  in the case of a building in which a liftway is provided, a lift has
        not yet been installed therein, unless the liftway has been protected
        to the satisfaction of the Building Authority in such manner as to
        avoid any danger to persons using the building;

   (d)  in the case of a building the plans whereof were certified by the
        Director of Fire Services in the terms indicated in section  16
        (1)(b)(ii), the applicant for the permit fails to produce to the
        Building Authority a certificate from the Director of Fire Services in
        such form as may be prescribed certifying that he is satisfied that
        the fire service installations and equipment shown on the plans
        aforesaid have been provided and are in efficient working order and
        satisfactory condition; (Added 3 of 1964 s. 3)

   (e)  in the case of a building to which by regulations a supply of water is
        required to be connected for any purpose, the Building Authority is
        not satisfied that connexion of a supply of water for every such
        purpose, which complies in every respect with all the requirements of
        the regulations, has been made to the building; or (Added 16 of 1966
        s. 6)

   (f)  any performance review as required under item 6(g) in Column B of
        section 17(1) in the opinion of the Building Authority fails to state
        or justify that the building works have been adequately inspected and
        monitored in the course of construction or that the geotechnical
        design  assumptions upon which the building works have been based are
        valid. (Added 41 of 1982 s. 6. Amended 52 of 1990 s. 5; 39 of 2000 s.
        4)

(7) Upon the expiration of 14 days from the date of receipt by the
Building Authority of an application in the appropriate specified form, for a
temporary occupation permit or for an occupation permit, such permit shall be
deemed to have been granted unless the Building Authority has by notice in
writing served on the building owner refused to issue such permit, specifying
the ground for such refusal. (Amended 68 of 1993 s. 12)

(8) Where, in respect of a new building, an application under this section for
a temporary occupation permit or for an occupation permit is submitted within
60 days of receipt by the Building Authority of a performance review required
under section 17 in respect of building works for that building, the
application shall, for the purpose of subsection

(7), be deemed to have been received 60 days after receipt of the
performance review. (Added 41 of 1982 s. 6) (Replaced 37 of 1961 s. 2)