Hong Kong Regulations

BUILDING (ADMINISTRATION) REGULATIONS - REGULATION 41

Duty of registered contractor to supervise

(Past version on 22/12/1997).
(Past version on 07/11/1997).
(Past version on 30/06/1997).

1. The amendment to this regulation made by L.N. 514 of 1997 has come into
operation on 22 December 1997 only as it relates to the addition of new
regulation 41(2), (3), (4), (5) and (6) except provisions in such regulation
relating to registered specialist contractors - see L.N. 620 of 1997. 2.
Remaining amendments to this regulation have commenced operation since 1 April
1998.

(1) The registered general building contractor and the registered specialist
contractor appointed in respect of building works or street works shall,
during the carrying out thereof, give continuous supervision thereto to ensure
that the building works or street works, as the case may be, are carried out
in accordance with the provisions of the Ordinance and regulations and with
the plans approved in respect thereof and with any order made or condition
imposed, pursuant to any provision of the Ordinance or regulations in that
behalf, by the Building Authority and the supervision plan prepared in
compliance with the technical memorandum issued under section 39A of the
Ordinance (if required). (L.N. 514 of 1997)

(2) Where a supervision plan is required, the registered general building
contractor and the registered specialist contractor are each required to
appoint such number of technically competent persons as appropriate to give
such supervision as may be required under the supervision plan on each site
for which the registered general building contractor and the registered
specialist contractor are appointed under section 9 of the Ordinance. (L.N.
514 of 1997)

(3) The Building Authority has the power to reject or revoke the appointment
of any person as a technically competent person appointed under paragraph (2)
if the Building Authority is not satisfied that the qualifications or
experience of the person appointed are sufficient for him to carry out the
duties required of him. (L.N. 514 of 1997)

(4) A registered general building contractor and a registered specialist
contractor are required to keep records of activities and information relevant
to the supervision of the building works or street works of any site for which
they are appointed. (L.N. 514 of 1997)

(5) The Building Authority may inspect the records and information required to
be kept under paragraph (4) at any reasonable time. (L.N. 514 of 1997)

(6) The registered general building contractor and the registered specialist
contractor are required to retain the records and information required to be
kept under paragraph (4) for at least 12 months after the submission of the
certificate on completion of the final stage of the building works or street
works of the site. (L.N. 514 of 1997)