BUILDING (PLANNING) REGULATIONS - CHAPTER 123F BUILDING (PLANNING) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 123, section 38) [1 June 1956] (G.N.A. 37 of 1956) BUILDING (PLANNING) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I GENERAL These regulations may be cited as the Building (Planning) Regulations. BUILDING (PLANNING) REGULATIONS - REGULATION 2 Interpretation VerDate:31/12/2005 (1) In these regulations, unless the context otherwise requires, words and expression have the meaning attributed to them by the Buildings Ordinance (Cap 123), and- "access facilities" (接達設施) means facilities for access of telecommunications and broadcasting services, including a room, duct or riser used for the installation of cables, wires and other ancillary equipment for telecommunications and broadcasting purposes; (39 of 2000 s. 7) "balcony" (露台) means any structure projecting from any wall of any building to carry a floor or roof load either cantilevered or supported by brackets; "broadcasting" (廣播) means transmission of sound or television programmes by satellite or terrestrial telecommunications intended for general reception; (39 of 2000 s. 7) "canopy" (簷篷) means any structure which projects more than 500 mm from any wall of any building and at a height of not more than 7.5 m above the level of the ground to provide protection from rain or sun, not carrying any floor load, either cantilevered or supported by brackets; (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 79 of 1992) "cinema" (電影院) means any building or part of a building which is designed for, and contains facilities (including a projection room) and projection or other apparatus or equipment for use in connection with or otherwise for the purposes of cinematographic displays; (L.N. 194 of 1996) "commercial building" (商業建築物) has the same meaning assigned to it in section 2 of the Building (Energy Efficiency) Regulation (Cap 123 sub. leg. M); (39 of 2000 s. 7) "detached building" (獨立建築物) means any building which is not connected to any other building and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "disability" (殘疾), in relation to a person, means impairment in vision, hearing or locomotion because of injury, disease or congenital deformity; (L.N. 239 of 1997) "external wall" (外牆) means an outer wall of a building not being a party wall, even though adjoining a wall of another building; "factory" (工廠) means any building or place in which any machinery, other than machinery worked entirely by hand, is used in aid of any industrial undertaking carried on in such building or place; "floor" (樓面) means any structure forming the base of any storey and every joist, board, timber, brick, concrete or other substance connected with and forming part of such structure; "hotel building" (旅館建築物) means a building which is constructed or intended to be used as a hotel; (39 of 2000 s. 7) "industrial building" (工業建築物) has the same meaning assigned to it in regulation 2 of the Building (Refuse Storage and Material Recovery Chambers and Refuse Chutes) Regulations (Cap 123 sub. leg. H); (39 of 2000 s. 7) "latrine" (廁所) means a privy, commode or earth closet but does not include a water closet or a water flushed urinal; "open air" (露天地方) means a space which- (a) is vertically uncovered and unobstructed; (b) is not less, in any horizontal dimension, than 1.5 m; and (c) where such space is enclosed on 4 sides, has a horizontal area of not less than 1 m2 for every 6 m of the mean height of the walls enclosing the space; (G.N.A. 83 of 1959; L.N. 294 of 1976) "Ordinance" (本條例) means the Buildings Ordinance (Cap 123); "permitted plot ratio" (准許地積比率) means the maximum plot ratio permitted under paragraph (1) or (2), as the case may be, of regulation 21; (G.N.A. 97 of 1962) "prescribed" (訂明) means prescribed by or under the Ordinance; (G.N.A. 83 of 1959) "residential building" (住宅建築物) has the same meaning assigned to it in regulation 3 of the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg. I); (39 of 2000 s. 7) "road" (道路) means a street not including any footpath; "room" (房間) means any portion of a building which has been subdivided by the erection of partition walls from floor to ceiling; "semi-detached building" (半獨立建築物) means any one of a pair of buildings connected to each other by a party wall and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "site coverage" (上蓋面積) means the area of the site that is covered by the building that is erected thereon and, when used in relation to a part of a composite building, means the area of the site on which the building is erected that is covered by that part of the building; (G.N.A. 97 of 1962) "storey" (樓層) means the space between the upper surface of every floor and the upper surface of the floor next above it where such a floor exists and in the case of a top storey the space between the upper surface of that floor and the mean height of the ceiling or roof; "street" (街道) includes any footpath and private and public street; "telecommunications" (電訊) has the meaning assigned to it in section 2 of the Telecommunications Ordinance (Cap 106); (39 of 2000 s. 7) "usable floor space" (實用樓面空間) means any floor space other than staircases, staircase halls, lift landings, the space used in providing water-closet fitments, urinals and lavatory basins and the space occupied by machinery for any lift, air-conditioning system or similar service; (G.N.A. 97 of 1962) "verandah" (外廊) means any structure projecting from any wall of any building and supported by piers or columns. (L.N. 194 of 1996; L.N. 239 of 1997; L.N. 110 of 2005) (2) (Repealed L.N. 110 of 2005) (73 of 1983 s. 3) "access facilities" (接達設施) "balcony" (露台) "broadcasting" (廣播) "canopy" (簷篷) "cinema" (電影院) "commercial building" (商業建築物) "detached building" (獨立建築物) "disability" (殘疾) "external wall" (外牆) "factory" (工廠) "floor" (樓面) "hotel building" (旅館建築物) "industrial building" (工業建築物) "latrine" (廁所) "open air" (露天地方) "Ordinance" (本條例) "permitted plot ratio" (准許地積比率) "prescribed" (訂明) "residential building" (住宅建築物) "road" (道路) "room" (房間) "semi-detached building" (半獨立建築物) "site coverage" (上蓋面積) "storey" (樓層) "street" (街道) "telecommunications" (電訊) "usable floor space" (實用樓面空間) "verandah" (外廊) BUILDING (PLANNING) REGULATIONS - REGULATION 2 Interpretation VerDate:01/11/2000 (1) In these regulations, unless the context otherwise requires, words and expression have the meaning attributed to them by the Buildings Ordinance (Cap 123), and- "access facilities" (接達設施) means facilities for access of telecommunications and broadcasting services, including a room, duct or riser used for the installation of cables, wires and other ancillary equipment for telecommunications and broadcasting purposes; (39 of 2000 s. 7) "balcony" (露台) means any structure projecting from any wall of any building to carry a floor or roof load either cantilevered or supported by brackets; "broadcasting" (廣播) means transmission of sound or television programmes by satellite or terrestrial telecommunications intended for general reception; (39 of 2000 s. 7) "canopy" (簷篷) means any structure which projects more than 500 mm from any wall of any building and at a height of not more than 7.5 m above the level of the ground to provide protection from rain or sun, not carrying any floor load, either cantilevered or supported by brackets; (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 79 of 1992) "cinema" (電影院) means any building or part of a building which is designed for, and contains facilities (including a projection room) and projection or other apparatus or equipment for use in connection with or otherwise for the purposes of cinematographic displays; (L.N. 194 of 1996) "class A site" (甲類地盤) means a site, not being a class B site or class C site, that abuts on one street not less than 4.5 m wide or on more than one such street; (L.N. 249 of 1979) "class B site" (乙類地盤) means a corner site that abuts on 2 streets neither of which is less than 4.5 m wide; (L.N. 249 of 1979) "class C site" (丙類地盤) means a corner site that abuts on 3 streets none of which is less than 4.5 m wide; (L.N. 249 of 1979) "commercial building" (商業建築物) has the same meaning assigned to it in section 2 of the Building (Energy Efficiency) Regulation (Cap 123 sub. leg.); (39 of 2000 s. 7) "detached building" (獨立建築物) means any building which is not connected to any other building and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "disability" (殘疾), in relation to a person, means impairment in vision, hearing or locomotion because of injury, disease or congenital deformity; (L.N. 239 of 1997) "external wall" (外牆) means an outer wall of a building not being a party wall, even though adjoining a wall of another building; "factory" (工廠) means any building or place in which any machinery, other than machinery worked entirely by hand, is used in aid of any industrial undertaking carried on in such building or place; "floor" (樓面) means any structure forming the base of any storey and every joist, board, timber, brick, concrete or other substance connected with and forming part of such structure; "hotel building" (旅館建築物) means a building which is constructed or intended to be used as a hotel; (39 of 2000 s. 7) "industrial building" (工業建築物) has the same meaning assigned to it in regulation 2 of the Building (Refuse Storage and Material Recovery Chambers and Refuse Chutes) Regulations (Cap 123 sub. leg.); (39 of 2000 s. 7) "latrine" (廁所) means a privy, commode or earth closet but does not include a water closet or a water flushed urinal; "open air" (露天地方) means a space which- (a) is vertically uncovered and unobstructed; (b) is not less, in any horizontal dimension, than 1.5 m; and (c) where such space is enclosed on 4 sides, has a horizontal area of not less than 1 m2 for every 6 m of the mean height of the walls enclosing the space; (G.N.A. 83 of 1959; L.N. 294 of 1976) "Ordinance" (本條例) means the Buildings Ordinance (Cap 123); "permitted plot ratio" (准許地積比率) means the maximum plot ratio permitted under paragraph (1) or (2), as the case may be, of regulation 21; (G.N.A. 97 of 1962) "prescribed" (訂明) means prescribed by or under the Ordinance; (G.N.A. 83 of 1959) "residential building" (住宅建築物) has the same meaning assigned to it in regulation 3 of the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg.); (39 of 2000 s. 7) "road" (道路) means a street not including any footpath; "room" (房間) means any portion of a building which has been subdivided by the erection of partition walls from floor to ceiling; "semi-detached building" (半獨立建築物) means any one of a pair of buildings connected to each other by a party wall and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "site coverage" (上蓋面積) means the area of the site that is covered by the building that is erected thereon and, when used in relation to a part of a composite building, means the area of the site on which the building is erected that is covered by that part of the building; (G.N.A. 97 of 1962) "storey" (樓層) means the space between the upper surface of every floor and the upper surface of the floor next above it where such a floor exists and in the case of a top storey the space between the upper surface of that floor and the mean height of the ceiling or roof; "street" (街道) includes any footpath and private and public street; "telecommunications" (電訊) has the meaning assigned to it in section 2 of the Telecommunications Ordinance (Cap 106); (39 of 2000 s. 7) "usable floor space" (實用樓面空間) means any floor space other than staircases, staircase halls, lift landings, the space used in providing water-closet fitments, urinals and lavatory basins and the space occupied by machinery for any lift, air-conditioning system or similar service; (G.N.A. 97 of 1962) "verandah" (外廊) means any structure projecting from any wall of any building and supported by piers or columns. (L.N. 194 of 1996; L.N. 239 of 1997) (2) For the purposes of these regulations- (a) a corner site shall not be regarded as abutting on 2 streets unless at least 40 per centum of the boundary of the site abuts on the streets; and (b) a corner site shall not be regarded as abutting on 3 streets unless at least 60 per centum of the boundary of the site abuts on the streets. (G.N.A. 97 of 1962) (73 of 1983 s. 3) "access facilities" (接達設施) "balcony" (露台) "broadcasting" (廣播) "canopy" (簷篷) "cinema" (電影院) "class A site" (甲類地盤) "class B site" (乙類地盤) "class C site" (丙類地盤) "commercial building" (商業建築物) "detached building" (獨立建築物) "disability" (殘疾) "external wall" (外牆) "factory" (工廠) "floor" (樓面) "hotel building" (旅館建築物) "industrial building" (工業建築物) "latrine" (廁所) "open air" (露天地方) "Ordinance" (本條例) "permitted plot ratio" (准許地積比率) "prescribed" (訂明) "residential building" (住宅建築物) "road" (道路) "room" (房間) "semi-detached building" (半獨立建築物) "site coverage" (上蓋面積) "storey" (樓層) "street" (街道) "telecommunications" (電訊) "usable floor space" (實用樓面空間) "verandah" (外廊) BUILDING (PLANNING) REGULATIONS - REGULATION 2 Interpretation VerDate:20/09/1997 (1) In these regulations, unless the context otherwise requires, words and expression have the meaning attributed to them by the Buildings Ordinance (Cap 123), and- "balcony" (露台) means any structure projecting from any wall of any building to carry a floor or roof load either cantilevered or supported by brackets; "canopy" (簷篷) means any structure which projects more than 500 mm from any wall of any building and at a height of not more than 7.5 m above the level of the ground to provide protection from rain or sun, not carrying any floor load, either cantilevered or supported by brackets; (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 79 of 1992) "cinema" (電影院) means any building or part of a building which is designed for, and contains facilities (including a projection room) and projection or other apparatus or equipment for use in connection with or otherwise for the purposes of cinematographic displays; (L.N. 194 of 1996) "class A site" (甲類地盤) means a site, not being a class B site or class C site, that abuts on one street not less than 4.5 m wide or on more than one such street; (L.N. 249 of 1979) "class B site" (乙類地盤) means a corner site that abuts on 2 streets neither of which is less than 4.5 m wide; (L.N. 249 of 1979) "class C site" (丙類地盤) means a corner site that abuts on 3 streets none of which is less than 4.5 m wide; (L.N. 249 of 1979) "detached building" (獨立建築物) means any building which is not connected to any other building and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "disability" (殘疾), in relation to a person, means impairment in vision, hearing or locomotion because of injury, disease or congenital deformity; (L.N. 239 of 1997) "external wall" (外牆) means an outer wall of a building not being a party wall, even though adjoining a wall of another building; "factory" (工廠) means any building or place in which any machinery, other than machinery worked entirely by hand, is used in aid of any industrial undertaking carried on in such building or place; "floor" (樓面) means any structure forming the base of any storey and every joist, board, timber, brick, concrete or other substance connected with and forming part of such structure; "latrine" (廁所) means a privy, commode or earth closet but does not include a water closet or a water flushed urinal; "open air" (露天地方) means a space which- (a) is vertically uncovered and unobstructed; (b) is not less, in any horizontal dimension, than 1.5 m; and (c) where such space is enclosed on 4 sides, has a horizontal area of not less than 1 m2 for every 6 m of the mean height of the walls enclosing the space; (G.N.A. 83 of 1959; L.N. 294 of 1976) "Ordinance" (本條例) means the Buildings Ordinance (Cap 123); "permitted plot ratio" (准許地積比率) means the maximum plot ratio permitted under paragraph (1) or (2), as the case may be, of regulation 21; (G.N.A. 97 of 1962) "prescribed" (訂明) means prescribed by or under the Ordinance; (G.N.A. 83 of 1959) "road" (道路) means a street not including any footpath; "room" (房間) means any portion of a building which has been subdivided by the erection of partition walls from floor to ceiling; "semi-detached building" (半獨立建築物) means any one of a pair of buildings connected to each other by a party wall and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "site coverage" (上蓋面積) means the area of the site that is covered by the building that is erected thereon and, when used in relation to a part of a composite building, means the area of the site on which the building is erected that is covered by that part of the building; (G.N.A. 97 of 1962) "storey" (樓層) means the space between the upper surface of every floor and the upper surface of the floor next above it where such a floor exists and in the case of a top storey the space between the upper surface of that floor and the mean height of the ceiling or roof; "street" (街道) includes any footpath and private and public street; "usable floor space" (實用樓面空間) means any floor space other than staircases, staircase halls, lift landings, the space used in providing water-closet fitments, urinals and lavatory basins and the space occupied by machinery for any lift, air-conditioning system or similar service; (G.N.A. 97 of 1962) "verandah" (外廊) means any structure projecting from any wall of any building and supported by piers or columns. (L.N. 194 of 1996; L.N. 239 of 1997) (2) For the purposes of these regulations- (a) a corner site shall not be regarded as abutting on 2 streets unless at least 40 per centum of the boundary of the site abuts on the streets; and (b) a corner site shall not be regarded as abutting on 3 streets unless at least 60 per centum of the boundary of the site abuts on the streets. (G.N.A. 97 of 1962) (73 of 1983 s. 3) "balcony" (露台) "canopy" (簷篷) "cinema" (電影院) "class A site" (甲類地盤) "class B site" (乙類地盤) "class C site" (丙類地盤) "detached building" (獨立建築物) "disability" (殘疾) "external wall" (外牆) "factory" (工廠) "floor" (樓面) "latrine" (廁所) "open air" (露天地方) "Ordinance" (本條例) "permitted plot ratio" (准許地積比率) "prescribed" (訂明) "road" (道路) "room" (房間) "semi-detached building" (半獨立建築物) "site coverage" (上蓋面積) "storey" (樓層) "street" (街道) "usable floor space" (實用樓面空間) "verandah" (外廊) BUILDING (PLANNING) REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 (1) In these regulations, unless the context otherwise requires, words and expression have the meaning attributed to them by the Buildings Ordinance (Cap 123), and- "balcony" (露台) means any structure projecting from any wall of any building to carry a floor or roof load either cantilevered or supported by brackets; "canopy" (簷篷) means any structure which projects more than 500 mm from any wall of any building and at a height of not more than 7.5 m above the level of the ground to provide protection from rain or sun, not carrying any floor load, either cantilevered or supported by brackets; (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 79 of 1992) "cinema" (電影院) means any building or part of a building which is designed for, and contains facilities (including a projection room) and projection or other apparatus or equipment for use in connection with or otherwise for the purposes of cinematographic displays; (L.N. 194 of 1996) "class A site" (甲類地盤) means a site, not being a class B site or class C site, that abuts on one street not less than 4.5 m wide or on more than one such street; (L.N. 249 of 1979) "class B site" (乙類地盤) means a corner site that abuts on 2 streets neither of which is less than 4.5 m wide; (L.N. 249 of 1979) "class C site" (丙類地盤) means a corner site that abuts on 3 streets none of which is less than 4.5 m wide; (L.N. 249 of 1979) "detached building" (獨立建築物) means any building which is not connected to any other building and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "disabled persons" (殘疾人士) means persons who, on account of injury, disease, or congenital deformity, are substantially handicapped in walking; (L.N. 365 of 1984) "external wall" (外牆) means an outer wall of a building not being a party wall, even though adjoining a wall of another building; "factory" (工廠) means any building or place in which any machinery, other than machinery worked entirely by hand, is used in aid of any industrial undertaking carried on in such building or place; "floor" (樓面) means any structure forming the base of any storey and every joist, board, timber, brick, concrete or other substance connected with and forming part of such structure; "latrine" (廁所) means a privy, commode or earth closet but does not include a water closet or a water flushed urinal; "open air" (露天地方) means a space which- (a) is vertically uncovered and unobstructed; (b) is not less, in any horizontal dimension, than 1.5 m; and (c) where such space is enclosed on 4 sides, has a horizontal area of not less than 1 m2 for every 6 m of the mean height of the walls enclosing the space; (G.N.A. 83 of 1959; L.N. 294 of 1976) "Ordinance" (本條例) means the Buildings Ordinance (Cap 123); "permitted plot ratio" (准許地積比率) means the maximum plot ratio permitted under paragraph (1) or (2), as the case may be, of regulation 21; (G.N.A. 97 of 1962) "prescribed" (訂明) means prescribed by or under the Ordinance; (G.N.A. 83 of 1959) "road" (道路) means a street not including any footpath; "room" (房間) means any portion of a building which has been subdivided by the erection of partition walls from floor to ceiling; "semi-detached building" (半獨立建築物) means any one of a pair of buildings connected to each other by a party wall and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976) "site coverage" (上蓋面積) means the area of the site that is covered by the building that is erected thereon and, when used in relation to a part of a composite building, means the area of the site on which the building is erected that is covered by that part of the building; (G.N.A. 97 of 1962) "storey" (樓層) means the space between the upper surface of every floor and the upper surface of the floor next above it where such a floor exists and in the case of a top storey the space between the upper surface of that floor and the mean height of the ceiling or roof; "street" (街道) includes any footpath and private and public street; "usable floor space" (實用樓面空間) means any floor space other than staircases, staircase halls, lift landings, the space used in providing water-closet fitments, urinals and lavatory basins and the space occupied by machinery for any lift, air-conditioning system or similar service; (G.N.A. 97 of 1962) "verandah" (外廊) means any structure projecting from any wall of any building and supported by piers or columns. (2) For the purposes of these regulations- (a) a corner site shall not be regarded as abutting on 2 streets unless at least 40 per centum of the boundary of the site abuts on the streets; and (b) a corner site shall not be regarded as abutting on 3 streets unless at least 60 per centum of the boundary of the site abuts on the streets. (G.N.A. 97 of 1962) (73 of 1983 s. 3; L.N. 194 of 1996) "balcony" (露台) "canopy" (簷篷) "cinema" (電影院) "class A site" (甲類地盤) "class B site" (乙類地盤) "class C site" (丙類地盤) "detached building" (獨立建築物) "disabled persons" (殘疾人士) "external wall" (外牆) "factory" (工廠) "floor" (樓面) "latrine" (廁所) "open air" (露天地方) "Ordinance" (本條例) "permitted plot ratio" (准許地積比率) "prescribed" (訂明) "road" (道路) "room" (房間) "semi-detached building" (半獨立建築物) "site coverage" (上蓋面積) "storey" (樓層) "street" (街道) "usable floor space" (實用樓面空間) "verandah" (外廊) BUILDING (PLANNING) REGULATIONS - REGULATION 3 Protection of balconies and verandahs VerDate:30/06/1997 (1)-(2) (Repealed L.N. 439 of 1990) (3) Every balcony projected from an upper storey of a building shall have a clear height, upwards from the floor of such balcony, of not less than the clear height of the storey from which it projects. ( L.N. 406 of 1987; L.N. 35 of 1988) BUILDING (PLANNING) REGULATIONS - REGULATION 3A Protection of openings VerDate:30/06/1997 (1) Every opening placed on an external wall above the ground floor of any building shall be protected by a barrier which shall be not less than 1100 mm high and the lowermost 150 mm of such barrier shall be built solid. (2) A barrier provided under paragraph (1) shall be so designed as to minimize the risk of persons or objects falling, rolling, sliding or slipping through gaps in the barrier, or persons climbing over the barrier. (L.N. 406 of 1987) BUILDING (PLANNING) REGULATIONS - REGULATION 4 Buildings not to obstruct, endanger or cause nuisances VerDate:30/06/1997 No building or fixture thereon shall be so constructed that it- (a) (i) obstructs; or (ii) endangers the users of any adjacent footpath or street; or (b) creates any nuisance; or (c) permits the escape into or over any adjacent footpath or street at a height of less than 2.5 m of any noxious gases or exhaust from any ventilating system. (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 5 Access to buildings and provision of access lanes, etc., on site of new building VerDate:30/06/1997 (1) Every building shall be provided with means of obtaining access thereto from a street. (2) The Building Authority may require the provision of an access lane or access road within the site of any new building. (G.N.A. 83 of 1959) BUILDING (PLANNING) REGULATIONS - REGULATION 6 Building Authority to determine width of road or street VerDate:30/06/1997 Where for the purposes of these regulations it is necessary to determine the width of any road or street, the same shall be determined by the Building Authority. BUILDING (PLANNING) REGULATIONS - REGULATION 7 Eaves, cornices, mouldings, etc. VerDate:30/06/1997 PART II PROJECTIONS (1) No eaves, cornices, mouldings or other architectural projections shall project over a street more than 500 mm or at a height of less than 2.5 m above the level of the ground. (2) No pipes (including water-pipes and drain-pipes) or gutters, or the appurtenances of such pipes or gutters shall project over a street more than 300 mm or at a height of less than 2.5 m above the level of the ground. (L.N. 79 of 1992) BUILDING (PLANNING) REGULATIONS - REGULATION 8 (Repealed L.N. 79 of 1992) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 9 (Repealed L.N. 79 of 1992) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 10 Balconies and canopies over streets VerDate:30/06/1997 (1) Every canopy erected within 600 mm of the outer edge of a footpath, or projecting over a road, shall have a clear space of not less than 5.5 m beneath every part thereof. (2) Every canopy erected over a footpath shall have a clear space of not less than 3.3 m beneath every part thereof. (3) Every canopy shall be provided with adequate surface water drainage. (L.N. 79 of 1992) (4) The maximum projection of any canopy (including cornices, mouldings or other features) erected over any street shall be- (a) one-tenth of the width of the street; or (b) 3 m, whichever is the less: Provided that no portion of any such canopy shall be within 4.5 m, measured horizontally, of a line drawn vertically from a point in the centre line of the street nearest to such portion of the canopy. (L.N. 33 of 1966) (5) (Repealed L.N. 79 of 1992) (L.N. 54 of 1969; L.N 294 of 1976; L.N. 79 of 1992) BUILDING (PLANNING) REGULATIONS - REGULATION 11 (Repealed L.N. 79 of 1992) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 12 No doorways on to canopy VerDate:30/06/1997 No doorway giving direct access to the top of any canopy shall be made in the external wall of any building. BUILDING (PLANNING) REGULATIONS - REGULATION 13 Use of verandahs or balconies VerDate:30/06/1997 Where any verandah or balcony has been built over or upon any street no such verandah or balcony shall be used or adapted to be used as a factory, workshop, storeroom, kitchen, lavatory, bathroom, water-closet, urinal or latrine. (L.N. 79 of 1992) BUILDING (PLANNING) REGULATIONS - REGULATION 14 (Repealed L.N.57 of 1965) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 15 Doors, etc. not to open over streets VerDate:30/06/1997 (1) Subject to paragraph (2), no door, gate, window or shutter opening on or over any street shall be so hung or placed as to project over such street at a height of less than 2.5 m above the ground. (2) Emergency exit doors, electrical transformer room doors, plant room doors, refuse storage chamber doors and doors leading to similar types of utility rooms or chambers may open outwards over such a street if such doors when fully opened do not cause an obstruction to any person or vehicle using the street. (L.N. 79 of 1992) BUILDING (PLANNING) REGULATIONS - REGULATION 16 (Repealed L.N. 406 of 1987) VerDate:30/06/1997 PART III HEIGHTS, SITE COVERAGE, PLOT RATIO, OPEN SPACES AND LANES (L.N. 54 of 1969) BUILDING (PLANNING) REGULATIONS - REGULATION 17 (Repealed L.N. 54 of 1969) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 18 (Repealed L.N. 54 of 1969) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 18A Site classification VerDate:31/12/2005 (1) In this Part and the First and Second Schedules— “class A site” (甲類地盤) means a site, not being a class B site or class C site, that abuts on one specified street not less than 4.5 m wide or on more than one such street; “class B site” (乙類地盤) means, subject to paragraph (2), a corner site that abuts on 2 specified streets neither of which is less than 4.5 m wide; “class C site” (丙類地盤) means, subject to paragraph (2), a corner site that abuts on 3 specified streets none of which is less than 4.5 m wide. (2) For the purposes of paragraph (1)— (a) a corner site shall not be regarded as abutting on 2 specified streets unless at least 40 per cent of the boundary of the site abuts on the streets; and (b) a corner site shall not be regarded as abutting on 3 specified streets unless at least 60 per cent of the boundary of the site abuts on the streets. (3) A street is to be regarded as a specified street— (a) if there exists, with respect to the street, any of the following circumstances— (i) the street is vested in the Government and is maintained by the Highways Department; (ii) the street is a private street on land held under the same Government lease as the site and under the terms of the lease the lessee has to surrender (when required to do so) the land on which the street is situated to the Government; (iii) the street is a street required to be constructed on unleased Government land by the lessee of the Government lease under which the site is held pursuant to the terms of that lease; (iv) the street is on land over which the owner of the site is expressly granted, by or by virtue of an instrument, a right of way exercisable at all times; (v) the street is on land held under a Government lease by the owner of the site; or (b) if— (i) one or more of the circumstances mentioned in subparagraph (a)(i), (ii), (iii), (iv) and (v) exist with respect to different parts of the street; and (ii) those parts together constitute the street. (L.N. 110 of 2005) BUILDING (PLANNING) REGULATIONS - REGULATION 19 General provisions concerning site coverage and plot ratio VerDate:31/12/2005 (1) The maximum site coverage permitted in respect of a building or buildings on a class A site, class B site or class C site shall be determined in accordance with regulation 20. (2) The maximum plot ratio permitted in respect of a building or buildings on a class A site, class B site or class C site shall be determined in accordance with regulation 21. (3) The height of a building or buildings on a site that is not a class A site, class B site or class C site, and the maximum site coverage and maximum plot ratio permitted in respect of such a building or buildings, shall be determined by the Building Authority. (L.N. 110 of 2005) BUILDING (PLANNING) REGULATIONS - REGULATION 19 General provisions concerning site coverage and plot ratio VerDate:30/06/1997 (1) Where a site abuts on a street not less than 4.5 m wide or on more than one such street the maximum site coverage permitted in respect of a building or buildings to be erected thereon shall be determined in accordance with regulation 20 and the permitted plot ratio of such building or buildings shall be determined in accordance with regulation 21. (2) Where a site abuts on a street less than 4.5 m wide or does not abut on a street, the height of any building or buildings to be erected thereon and the maximum site coverage and plot ratio to be permitted in respect of such building or buildings shall be determined by the Building Authority. (L.N. 406 of 1987) BUILDING (PLANNING) REGULATIONS - REGULATION 19A (Repealed L.N. 406 of 1987) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 20 Permitted site coverage VerDate:30/06/1997 (1) Subject to regulation 22 and depending on the height of the building- (L.N. 78 of 1970; L.N. 406 of 1987) (a) the site coverage for a domestic building, or for the domestic part of a composite building, on a class A site shall not exceed that percentage of the area of the site specified in the second column of the First Schedule; (b) the site coverage for a domestic building, or for the domestic part of a composite building, on a class B site shall not exceed that percentage of the area of the site specified in the third column of the First Schedule; and (c) the site coverage for a domestic building, or for the domestic part of a composite building, on a class C site shall not exceed that percentage of the area of the site specified in the fourth column of the First Schedule. (2) Subject to regulation 22 and paragraph (3) and depending on the height of the building- (L.N. 78 of 1970; L.N. 406 of 1987) (a) the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class A site shall not exceed that percentage of the area of the site specified in the eighth column of the First Schedule; (b) the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class B site shall not exceed that percentage of the area of the site specified in the ninth column of the First Schedule; and (c) the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class C site shall not exceed that percentage of the area of the site specified in the tenth column of the First Schedule. (3) Subject to the provisions of paragraph (4), the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class A, B or C site may, whatever the height of the building, exceed the permitted percentage site coverage to a height not exceeding 15 m above ground level. (L.N. 294 of 1976) (4) For the avoidance of doubt, it is hereby declared that, where pursuant to paragraph (3) the permitted percentage site coverage is exceeded- (a) above the level to which the permitted percentage site coverage is exceeded, the site coverage for the building or any part thereof shall not, subject to regulation 22, exceed the site coverage permitted under paragraph (1) or (2), as the case may be; and (L.N. 406 of 1987) (b) the plot ratio for the whole building shall not, subject to regulation 22, exceed the permitted plot ratio. (L.N. 406 of 1987) (5) In this regulation, the expression "permitted percentage site coverage" (准許上蓋面積百分率) means the maximum site coverage permitted under paragraph (2). (G.N.A. 97 of 1962) "permitted percentage site coverage" (准許上蓋面積百分率) BUILDING (PLANNING) REGULATIONS - REGULATION 21 Permitted plot ratio VerDate:30/06/1997 (1) Subject to regulation 22 and depending on the height of the building- (L.N. 78 of 1970; L.N. 406 of 1987) (a) the plot ratio for a domestic building on a class A site shall not exceed the plot ratio specified in the fifth column of the First Schedule; (b) the plot ratio for a domestic building on a class B site shall not exceed the plot ratio specified in the sixth column of the First Schedule; (c) the plot ratio for a domestic building on a class C site shall not exceed the plot ratio specified in the seventh column of the First Schedule; (d) the plot ratio for a non-domestic building on a class A site shall not exceed the plot ratio specified in the eleventh column of the First Schedule; (e) the plot ratio for a non-domestic building on a class B site shall not exceed the plot ratio specified in the twelfth column of the First Schedule; and (f) the plot ratio for a non-domestic building on a class C site shall not exceed the plot ratio specified in the thirteenth column of the First Schedule. (2) Subject to regulation 22, the plot ratio for the domestic part of a composite building shall not exceed the product of the difference between the permitted plot ratio for the building if it were a non-domestic building and the actual plot ratio of the non-domestic part of the building and the permitted plot ratio for the building if it were a domestic building divided by the permitted plot ratio for the building if it were a non-domestic building. (L.N. 78 of 1970; L.N. 406 of 1987) (3) For the purposes of this regulation and of regulations 19, 20 and 22, the plot ratio of a building shall be obtained by dividing the gross floor area of the building by the area of the site on which the building is erected. (G.N.A. 97 of 1962) BUILDING (PLANNING) REGULATIONS - REGULATION 22 Permitted site coverage and plot ratio may be exceeded in certain cases VerDate:01/07/1997 Adaptation amendments retroactively made - see 29 of 1998 s. 27 (1) Where, between ground level and a height of not less than 5.5 m or, where the Building Authority is satisfied that there will be no obstruction to vehicular traffic using the street, 3.3 m above ground level, a building on a class A, B or C site is set back from a boundary of the lot on which it is erected, being a boundary that abuts on a street, and, with the consent of the Government, the part of the lot that is thereby not built upon is dedicated to the public for the purposes of passage- (L.N. 406 of 1987; L.N. 57 of 1988) (a) the site coverage for the building or for any one part of the building may exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1 500 and the area of the lot so dedicated to the public by the product of the area of the site and the height of the building; and (b) the plot ratio for the building or, if the building is a composite building, for the domestic part of the building may exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the lot so dedicated to the public by the area of the site on which the building is erected, whichever is the less. (L.N. 294 of 1976) (2) Where part of a lot, being a part that abuts on a street, is acquired by the Government, either by agreement or by resumption under the Lands Resumption Ordinance (Cap 124), for the purpose of street widening, the Building Authority may permit- (a) the site coverage for a building erected on that lot, being a class A, B or C site, or for any one part of the building to exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1500 and the area of the part of the lot so acquired by the Government by the product of the area of the site and the height of the building; and (L.N. 294 of 1976) (b) the permitted plot ratio for the building or, if the building is a composite building, for the domestic part of the building to exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the part of the lot so acquired by the Government by the area of the site on which the building is erected, whichever is the less. (29 of 1998 s. 27) (3) For the avoidance of doubt, it is hereby declared that- (a) where under paragraph (1) or (2) the permitted percentage site coverage is exceeded in relation to a part of a building, the site coverage for any other part of the building shall not exceed the permitted percentage site coverage; (b) nothing in this regulation shall be taken or construed as derogating from the provisions of regulation 25 as to the amount of open space to be provided about a domestic building. (4) In this regulation, the expression "permitted percentage site coverage" (准許上蓋面積百分率) means the maximum site coverage permitted under paragraph (1) or (2), as the case may be, of regulation 20. (G.N.A. 97 of 1962) "permitted percentage site coverage" (准許上蓋面積百分率) BUILDING (PLANNING) REGULATIONS - REGULATION 22 Permitted site coverage and plot ratio may be exceeded in certain cases VerDate:30/06/1997 (1) Where, between ground level and a height of not less than 5.5 m or, where the Building Authority is satisfied that there will be no obstruction to vehicular traffic using the street, 3.3 m above ground level, a building on a class A, B or C site is set back from a boundary of the lot on which it is erected, being a boundary that abuts on a street, and, with the consent of the Government, the part of the lot that is thereby not built upon is dedicated to the public for the purposes of passage- (L.N. 406 of 1987; L.N. 57 of 1988) (a) the site coverage for the building or for any one part of the building may exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1 500 and the area of the lot so dedicated to the public by the product of the area of the site and the height of the building; and (b) the plot ratio for the building or, if the building is a composite building, for the domestic part of the building may exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the lot so dedicated to the public by the area of the site on which the building is erected, whichever is the less. (L.N. 294 of 1976) (2) Where part of a lot, being a part that abuts on a street, is acquired by the Crown, either by agreement or by resumption under the Crown Lands Resumption Ordinance (Cap. 124), for the purpose of street widening, the Building Authority may permit- (a) the site coverage for a building erected on that lot, being a class A, B or C site, or for any one part of the building to exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1 500 and the area of the part of the lot so acquired by the Crown by the product of the area of the site and the height of the building; and (L.N. 294 of 1976) (b) the permitted plot ratio for the building or, if the building is a composite building, for the domestic part of the building to exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the part of the lot so acquired by the Crown by the area of the site on which the building is erected, whichever is the less. (3) For the avoidance of doubt, it is hereby declared that- (a) where under paragraph (1) or (2) the permitted percentage site coverage is exceeded in relation to a part of a building, the site coverage for any other part of the building shall not exceed the permitted percentage site coverage; (b) nothing in this regulation shall be taken or construed as derogating from the provisions of regulation 25 as to the amount of open space to be provided about a domestic building. (4) In this regulation, the expression "permitted percentage site coverage" (准許上蓋面積百分率) means the maximum site coverage permitted under paragraph (1) or (2), as the case may be, of regulation 20. (G.N.A. 97 of 1962) "permitted percentage site coverage" (准許上蓋面積百分率) BUILDING (PLANNING) REGULATIONS - REGULATION 23 Provisions supplementary to regulations 19, 20, 21 and 22 VerDate:31/12/2005 (1) For the purposes of regulations 20, 21 and 22, the height of a building shall be measured from the mean level of the street or streets on which it fronts or abuts being a specified street or specified streets not less than 4.5 m wide, or where the building abuts on specified streets not less than 4.5 m wide having different levels, from the mean level of the lower or lowest of such streets, to the mean height of the roof over the highest usable floor space in the building. (L.N. 406 of 1987; L.N. 110 of 2005) (2) In determining for the purposes of regulation 20, 21 or 22 the area of the site on which a building is erected- (a) no account shall be taken of any part of any street or service lane; and (b) there shall be included any area dedicated to the public for the purposes of passage. (3) (a) Subject to sub-paragraph (b), for the purposes of regulations 19, 20, 21 and 22, the gross floor area of a building shall be the area contained within the external walls of the building measured at each floor level (including any floor below the level of the ground), together with the area of each balcony in the building, which shall be calculated from the overall dimensions of the balcony (including the thickness of the sides thereof), and the thickness of the external walls of the building. (b) In determining the gross floor area for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space that he is satisfied is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, refuse hopper rooms and other types of facilities provided to facilitate the separation of refuse to the satisfaction of the Building Authority, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. (L.N. 406 of 1987; 39 of 2000 s. 7) (4) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may treat as a non-domestic building a composite building in which the only domestic part of the building is a place of residence, not having more than 50 m2 of usable floor space, for a caretaker or other person employed in connexion with the building or a service provided therefor or a residence comprising the top storey of the building, or both. (L.N. 294 of 1976) (G.N.A. 97 of 1962; L.N. 54 of 1969) BUILDING (PLANNING) REGULATIONS - REGULATION 23 Provisions supplementary to regulations 19, 20, 21 and 22 VerDate:01/11/2000 (1) For the purposes of regulations 20, 21 and 22, the height of a building shall be measured from the mean level of the street or streets on which it fronts or abuts being a street or streets not less than 4.5 m wide, or where the building abuts on streets not less than 4.5 m wide having different levels, from the mean level of the lower or lowest of such streets, to the mean height of the roof over the highest usable floor space in the building. (L.N. 406 of 1987) (2) In determining for the purposes of regulation 20, 21 or 22 the area of the site on which a building is erected- (a) no account shall be taken of any part of any street or service lane; and (b) there shall be included any area dedicated to the public for the purposes of passage. (3) (a) Subject to sub-paragraph (b), for the purposes of regulations 19, 20, 21 and 22, the gross floor area of a building shall be the area contained within the external walls of the building measured at each floor level (including any floor below the level of the ground), together with the area of each balcony in the building, which shall be calculated from the overall dimensions of the balcony (including the thickness of the sides thereof), and the thickness of the external walls of the building. (b) In determining the gross floor area for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space that he is satisfied is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, refuse hopper rooms and other types of facilities provided to facilitate the separation of refuse to the satisfaction of the Building Authority, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. (L.N. 406 of 1987; 39 of 2000 s. 7) (4) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may treat as a non-domestic building a composite building in which the only domestic part of the building is a place of residence, not having more than 50 m2 of usable floor space, for a caretaker or other person employed in connexion with the building or a service provided therefor or a residence comprising the top storey of the building, or both. (L.N. 294 of 1976) (G.N.A. 97 of 1962; L.N. 54 of 1969) BUILDING (PLANNING) REGULATIONS - REGULATION 23 Provision supplementary to regulations 19, 20, 21 and 22 VerDate:30/06/1997 (1) For the purposes of regulations 20, 21 and 22, the height of a building shall be measured from the mean level of the street or streets on which it fronts or abuts being a street or streets not less than 4.5 m wide, or where the building abuts on streets not less than 4.5 m wide having different levels, from the mean level of the lower or lowest of such streets, to the mean height of the roof over the highest usable floor space in the building. (L.N. 406 of 1987) (2) In determining for the purposes of regulation 20, 21 or 22 the area of the site on which a building is erected- (a) no account shall be taken of any part of any street or service lane; and (b) there shall be included any area dedicated to the public for the purposes of passage. (3) (a) Subject to sub-paragraph (b), for the purposes of regulations 19, 20, 21 and 22, the gross floor area of a building shall be the area contained within the external walls of the building measured at each floor level (including any floor below the level of the ground), together with the area of each balcony in the building, which shall be calculated from the overall dimensions of the balcony (including the thickness of the sides thereof), and the thickness of the external walls of the building. (b) In determining the gross floor area for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space that he is satisfied is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. (L.N. 406 of 1987) (4) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may treat as a non-domestic building a composite building in which the only domestic part of the building is a place of residence, not having more than 50 m2 of usable floor space, for a caretaker or other person employed in connexion with the building or a service provided therefor or a residence comprising the top storey of the building, or both. (L.N. 294 of 1976) (G.N.A. 97 of 1962; L.N. 54 of 1969) BUILDING (PLANNING) REGULATIONS - REGULATION 23A Provisions supplementary to regulations 19, 20, 21 and 22 in respect of hotels VerDate:01/11/2000 (1) In this regulation, "hotel" (旅館) means any premises whose owner, occupier or proprietor holds out that, to the extent of his available accommodation, he will provide sleeping accommodation for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and is in a fit state to be received. (2) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may- (a) treat as a non-domestic building a building that he is satisfied is constructed or intended to be used as a hotel ("hotel building"); or (b) treat as a non-domestic part of a composite building the part in the building that he is satisfied is constructed or intended to be used as a hotel ("the hotel part of a building"). (3) In determining the gross floor area of a hotel building or the hotel part of a building for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space in that hotel building or the hotel part of that building that he is satisfied is constructed or intended solely for use as- (a) a place for picking up and setting down persons departing from or arriving at the hotel by vehicle; or (b) any of the following- (i) a laundry, a carpentry workshop, a mechanical or electrical workshop; (ii) an area for storing dry goods, food, beverages, linen or furniture; (iii) facilities for the welfare of staff including staff canteen, changing room and rest room for staff; or (iv) other supporting facilities as may be approved by the Building Authority. (4) Without prejudice to section 25 of the Ordinance, where a hotel building has been treated as a non-domestic building or the hotel part of a building has been treated as a non-domestic part of that building under paragraph (2), no person, being the proprietor of the hotel or being the owner or occupier of the hotel building or the hotel part of the building, shall without prior approval of the Building Authority change, or cause to be changed, the use of the hotel building or of the hotel part of the building in whole or in part to a use other than that of a hotel. (5) For the purpose of paragraph (4), if since a hotel building or the hotel part of a building has been put into use- (a) no licence issued under section 8 or renewed under section 9 of the Hotel and Guesthouse Accommodation Ordinance (Cap 349) is in effect in respect of the hotel concerned; or (b) an order of exclusion is in effect under section 3 of that Ordinance in respect of the hotel concerned, then any use of the hotel building or of the hotel part of the building in whole or in part shall be deemed to be a change of use to a use other than that of a hotel. (6) Without prejudice to section 25 of the Ordinance, where any floor space in a hotel building or the hotel part of a building has been disregarded under paragraph (3) in determining the gross floor area of the hotel building or the hotel part of the building, no person, being the proprietor of the hotel or being the owner or occupier of the hotel building or the hotel part of the building, shall without prior approval of the Building Authority use, or cause to be used, the floor space in whole or in part for any use other than a use mentioned in sub-paragraph (a) or (b) of that paragraph. (7) Where- (a) the use of a hotel building or of the hotel part of a building in whole or in part is changed in contravention of paragraph (4); or (b) any floor space in whole or in part is used in contravention of paragraph (6), the Building Authority may by order in writing served on the proprietor of the hotel concerned or the owner or occupier of the hotel building or the hotel part of the building require him to discontinue its present use within such time or times as may be specified in the order. (8) Any person who contravenes paragraph (4) or (6) shall be guilty of an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 2 years; but it shall be a defence in any prosecution for a contravention of any provision referred to in this paragraph for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have discovered, the contravention referred to in the charge. (9) Any person who, without reasonable excuse, fails to comply with an order served on him under paragraph (7) shall be guilty of an offence and shall be liable on conviction- (a) to a fine at level 5 and to imprisonment for 1 year; and (b) to a further fine at $5000 for each day during which it is proved to the satisfaction of the court that failure to comply with the order has continued. (39 of 2000 s. 7) "hotel" (旅館) BUILDING (PLANNING) REGULATIONS - REGULATION 24 Height of storeys VerDate:30/06/1997 (1) Every room used or intended to be used for the purpose of an office or for habitation in any building shall have a height of not less than 2.5 m measured from floor to ceiling: (L.N. 406 of 1987) Provided that there shall be not less than 2.3 m measured from the floor to the underside of any beam. (2) In any such room having a sloping ceiling, the height shall be measured to the mean height of such ceiling above floor level: Provided that no portion of any room shall have a height of less than 2 m. (3) (Repealed L.N. 406 of 1987) (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 25 Space about domestic buildings VerDate:30/06/1997 (1) (a) Every domestic building on a class A or B site or on a class C site shall have within the site an open space at the rear, or partly at the rear and partly at the side, at a level of not less than 150 mm below the floor of the lowermost storey in accordance with the Second Schedule: Provided that where the Building Authority considers it necessary for proper and equitable development or redevelopment of an adjacent site, he may require the provision of more open space than that specified in the Second Schedule. (G.N.A. 97 of 1962; L.N. 82 of 1963) (b) The open space provided pursuant to sub-paragraph (a) shall be such that no part of the building which bounds on such open space at any level shall be within 1.5 m, measured horizontally, of a line drawn vertically from a point in the boundary of the open space immediately opposite thereto. (L.N. 33 of 1966) (2) No part of any domestic building shall be erected within 1.5 m of the rear boundary of the site. The open space so provided shall be counted as part of the open space required under this regulation. (L.N. 33 of 1966) (3) No existing domestic building which has an open space of equal or less area than that required by this regulation shall be altered in such manner as to reduce the existing amount of open space. (4) No existing domestic building which has a greater area of open space than that required by this regulation shall be altered in such a manner as to reduce the area of open space to less than that required by this regulation. (5) Where any open space or area is at a level more than 600 mm below an adjoining open space, safe parapet walls, railings or fences shall be provided by the person creating the difference in levels. (6) Access shall be provided to every open space. (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 26 New buildings on existing street less than 4.5 m wide to be set back from centre line of street VerDate:30/06/1997 Where the width of an existing street in front of any new building is less than 4.5 m, no part of such building shall be nearer to the centre line of the street than 2.25 m. (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 144 of 1978) BUILDING (PLANNING) REGULATIONS - REGULATION 27 Cuttings VerDate:30/06/1997 (1) No building shall be built to abut against a cutting, including a toe wall supporting a cutting. (2) A clear intervening space or area of a width of not less than 1/4 of the height of the cutting shall be left between such building at ground floor level and the toe of the cutting. (3) Such intervening space or area shall in no case be less than 2.5 m in width. (L.N. 294 of 1976) (4) For the purposes of this regulation the height of the cutting shall be deemed to be the height measured on a vertical line drawn from the toe of such cutting, and extending from the finished ground or concreted surface to a point where it meets a line drawn downwards at an angle of 30 degrees with the horizontal from the top of the cutting. BUILDING (PLANNING) REGULATIONS - REGULATION 28 Service lanes VerDate:30/06/1997 (1) In addition to any open space required under regulation 25 every domestic building shall be provided with a service lane at the rear or side of such building: Provided that a service lane shall not be required- (a) where a public lane not less than 3 m wide or a street already exists; (b) for detached and semi-detached buildings; (c) where exempted by the Building Authority. (2) Every such service lane shall be accessible from an existing street but where such access is not immediately possible, this regulation shall be deemed to have been complied with if access would be obtained in the event of future development or redevelopment of other lots within the block. (3) The alignment, width and levels of every such lane shall be decided by the Building Authority who may grant a modification of regulation 25 when a lane exceeding 1.5 m in width is required. (L.N. 54 of 1969; L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 28A Access facilities for telecommunications and broadcasting services VerDate:01/11/2000 PART IIIA ACCESS FACILITIES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICES Every commercial building, industrial building, residential building (other than a building for the residence of a single family) and hotel building shall be provided with access facilities for telecommunications and broadcasting services in accordance with the design requirements as may be specified by the Building Authority from time to time. (Part IIIA added 39 of 2000 s. 7) BUILDING (PLANNING) REGULATIONS - REGULATION 29 Lighting and ventilation VerDate:30/06/1997 PART IV LIGHTING AND VENTILATION Every storey of every building used or intended to be used for the purpose of an office or for habitation shall be provided with effectual means of lighting and ventilation. (G.N.A. 83 of 1959) BUILDING (PLANNING) REGULATIONS - REGULATION 30 Lighting and ventilation of rooms used or intended to be used for habitation or as an office or kitchen VerDate:30/06/1997 (1) Every room used for habitation or for the purposes of an office or as a kitchen shall be provided with natural lighting and ventilation. (G.N.A. 97 of 1962) (2) Such natural lighting and ventilation shall be provided by means of one or more windows which shall be- (a) so constructed that- (i) the aggregate superficial area of glass in the window or windows is not less than one-tenth of the area of the floor of the room; and (ii) the windows can, to an extent at least equal in the aggregate to one-sixteenth of the area of the floor of the room, be opened in such manner that the top of the opening of each window is at least 2 m above the level of the floor or, in the case of detached and semi-detached buildings, at least 1.9 m above the level of the floor; and (L.N. 294 of 1976) (b) such that not less than the area required by sub-paragraph (a)(i) (hereinafter referred to as the prescribed window) faces directly into the external air. (G.N.A 83 of 1959) BUILDING (PLANNING) REGULATIONS - REGULATION 31 Minimum requirements of window VerDate:04/09/1998 (1) No prescribed window shall, for the purposes of regulation 30, be deemed to face into the external air unless- (a) it faces into a street which is not less than 4.5 m wide; or (b) it faces into a space uncovered and unobstructed above the area delineated by the rectangular horizontal plane; and (c) it is so placed that, if another rectangular plane, the base whereof is equal to and common with the base of the rectangular horizontal plane, is inclined, above the rectangular horizontal plane, at an angle of 71 1/2 degrees from the horizontal where the window is in a room used for habitation or 76 degrees from the horizontal where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within the site on which such building is erected, protrudes above such plane; or (G.N.A. 97 of 1962) (d) where such window opens on to an area bounded on the side opposite the window by a boundary of the site on which the building is erected, such window is so placed that, if the rectangular horizontal plane is projected to such boundary and, from the position at which it first intersects the boundary, another rectangular plane, the base whereof is parallel and level with the sill of the window and has a length equal to the length of the base of the rectangular horizontal plane, is projected, towards the site and above the rectangular horizontal plane, at an angle of 80 1/2 degrees from the horizontal where the window is in a room used for habitation or 83 degrees where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within such site, protrudes above such inclined plane: (G.N.A. 97 of 1962) Provided that, where there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the boundary shall, for the purposes of this sub-paragraph be deemed to be at a position 1.5 m beyond such boundary. (L.N. 54 of 1969) (2) The rectangular horizontal plane shall be such that- (a) it has an area of not less than 21 m2; and (b) the minimum length of the base is not less than 2.3 m; and (c) the minimum length of the sides at right angles to the base, between the wall in which the window is sited and any other wall or building opposite thereto within the boundary of the site on which the building is erected, is not less than 4.5 m; or (d) where the window opens on to an area bounded on the side opposite to the window by a boundary of the site on which the building is erected, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and such boundary, is not less than 2.3 m; or (e) where the window opens on to an area bounded on the side opposite to the window by a boundary or the site on which the building is erected and there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and a line 1.5 m beyond such boundary or, where such service lane or street is less than 3 m wide, between the wall in which the window is sited and a line drawn along the centre line of the service lane or street, is not less than 2.3 m. (L.N. 54 of 1969) (3) For the purposes of this regulation- (a) "base" (底邊), when used in relation to the rectangular horizontal plane, means that side of the rectangular horizontal plane common with the line of the sill of the window; (L.N. 307 of 1998) "rectangular horizontal plane" (矩形水平面) means a rectangular plane at the level of the sill of the window having the minimum area and minimum dimensions prescribed by paragraph (2); "window" (窗) includes french window; and (b) the sill of a prescribed window shall be deemed to be at a level 1 m above the level of the floor of the room for which the prescribed window is provided, whether or not the sill is at such level. (L.N. 54 of 1969) (G.N.A. 83 of 1959; L.N. 294 of 1976) "base" (底邊) "rectangular horizontal plane" (矩形水平面) "window" (窗) BUILDING (PLANNING) REGULATIONS - REGULATION 31 Minimum requirements of window VerDate:30/06/1997 (1) No prescribed window shall, for the purposes of regulation 30, be deemed to face into the external air unless- (a) it faces into a street which is not less than 4.5 m wide; or (b) it faces into a space uncovered and unobstructed above the area delineated by the rectangular horizontal plane; and (c) it is so placed that, if another rectangular plane, the base whereof is equal to and common with the base of the rectangular horizontal plane, is inclined, above the rectangular horizontal plane, at an angle of 71 1/2 degrees from the horizontal where the window is in a room used for habitation or 76 degrees from the horizontal where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within the site on which such building is erected, protrudes above such plane; or (G.N.A. 97 of 1962) (d) where such window opens on to an area bounded on the side opposite the window by a boundary of the site on which the building is erected, such window is so placed that, if the rectangular horizontal plane is projected to such boundary and, from the position at which it first intersects the boundary, another rectangular plane, the base whereof is parallel and level with the sill of the window and has a length equal to the length of the base of the rectangular horizontal plane, is projected, towards the site and above the rectangular horizontal plane, at an angle of 80 1/2 degrees from the horizontal where the window is in a room used for habitation or 83 degrees where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within such site, protrudes above such inclined plane: (G.N.A. 97 of 1962) Provided that, where there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the boundary shall, for the purposes of this sub-paragraph be deemed to be at a position 1.5 m beyond such boundary. (L.N. 54 of 1969) (2) The rectangular horizontal plane shall be such that- (a) it has an area of not less than 21 m2; and (b) the minimum length of the base is not less than 2.3 m; and (c) the minimum length of the sides at right angles to the base, between the wall in which the window is sited and any other wall or building opposite thereto within the boundary of the site on which the building is erected, is not less than 4.5 m; or (d) where the window opens on to an area bounded on the side opposite to the window by a boundary of the site on which the building is erected, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and such boundary, is not less than 2.3 m; or (e) where the window opens on to an area bounded on the side opposite to the window by a boundary or the site on which the building is erected and there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and a line 1.5 m beyond such boundary or, where such service lane or street is less than 3 m wide, between the wall in which the window is sited and a line drawn along the centre line of the service lane or street, is not less than 2.3 m. (L.N. 54 of 1969) (3) For the purposes of this regulation- (a) "base" (底邊), when used in relation to the rectangular horizontal plane, means that side of the rectangular horizontal plane common with the line of the sill of the window; "rectangular horizontal plane" (矩形水平面) means a rectangular plane at the level of the sill of the window having the minimum area and minimum dimensions prescribed by paragraph (2); "window" (窗) includes french window; and (b) the sill of a prescribed window shall be deemed to be at a level 1 m above the level of the floor of the room for which the prescribed window is provided, whether or not the sill is at such level. (L.N. 54 of 1969) (G.N.A. 83 of 1959; L.N. 294 of 1976) "base" (底邊) "rectangular horizontal plane" (矩形水平面) "window" (窗) BUILDING (PLANNING) REGULATIONS - REGULATION 32 Restriction on distance any part of room may be from prescribed window VerDate:30/06/1997 No part of any room used for habitation shall be more than 9 m, measured within the room, from a prescribed window which faces directly into the external air or, where, under and in accordance with regulation 33, a window opens on to an enclosed verandah or balcony or on to a conservatory or on to any similar enclosed place or is, under regulation 71, permitted to open on to an unenclosed verandah or balcony or any other unenclosed place, from the outer edge of the verandah, balcony, conservatory or enclosed or unenclosed place, as the case may be. (G.N.A. 83 of 1959; L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 33 Windows opening on to enclosed verandah, etc. VerDate:30/06/1997 Where any room used or intended to be used for habitation or for the purposes of an office has a window which opens on to an enclosed verandah or balcony or on to a conservatory or on to any similar enclosed place, within, in each case, the boundary of the site on which the building is erected, such window shall be deemed to comply with the requirements of regulations 30 and 31 if- (a) such verandah, balcony, conservatory or similar enclosed place is provided with a window which would comply with the requirements of regulations 30 and 31 if it were the window of a room having a floor area equivalent to the aggregate of the areas of the floors of such room and such verandah, balcony, conservatory or similar enclosed place, as the case may be; and (b) the area of glass and the opening in the window of such room is such that, to that extent, such window would comply with the requirements of regulation 30(2)(a) if it were likewise the window of a room having a floor area equivalent to the aggregate of the areas of the floors of such room and such verandah, balcony, conservatory or similar enclosed place. (G.N.A. 83 of 1959; G.N.A. 97 of 1962) BUILDING (PLANNING) REGULATIONS - REGULATION 34 Mechanical ventilation and artifical lighting of offices VerDate:30/06/1997 Where, owing to the position, level or unsuitable surroundings of any room used or intended to be used for the purposes of an office, the provisions of regulation 31 cannot be complied with, in respect of such room, to the satisfaction of the Building Authority, there shall be provided- (a) a mechanical means of ventilation which shall be capable of supplying fresh air to all parts of such room at a rate of not less than 5 changes of air per hour; and (b) such artificial lighting as the Building Authority may approve. (G.N.A. 83 of 1959) BUILDING (PLANNING) REGULATIONS - REGULATION 35 Additional vent may be required VerDate:30/06/1997 (1) Where in the opinion of the Building Authority compliance with the provisions of these regulations will not secure adequate ventilation for any room used for such purposes by reason of its intended use, unsuitable surroundings or other cause he may require that room to be provided with additional ventilation by means of- (a) an aperture or airshaft communicating direct with the open air, having an unobstructed sectional area of not less than 0.015 m2; or (L.N. 294 of 1976) (b) a fanlight which opens to a ventilated lobby or corridor; or (c) such other means of ventilation as shall be approved by him. (2) For the purpose of regulations 29 to 35, a laundry being part of or used in connexion with any building shall be deemed to be used for the purpose of habitation. BUILDING (PLANNING) REGULATIONS - REGULATION 35A Provision for room-sealed gas water heater in bathrooms VerDate:30/06/1997 (1) Subject to paragraphs (2) and (3), suitable provision shall be made for the installation of a room-sealed gas water heater in every bathroom in a building. (2) Where a room-sealed gas water heater to serve a bathroom is, or is to be, installed in any place in a building other than in the bathroom, suitable provision shall be made for the installation of such room-sealed gas water heater. (3) This regulation shall not apply- (a) to a building in respect of which the Building Authority has, or is deemed to have, approved the plan of building works under this Ordinance on or before 20 May 1983; or (b) to a building which is designed, to the satisfaction of the Building Authority, to have available therein a centralized hot water supply. (4) For the purposes of this regulation- "room-sealed gas water heater" (密封式氣體熱水爐) means a gas water heater which, when in operation, has the combustion air inlet and the combustion products outlet isolated from the room or place in which the gas water heater is installed; "suitable provision" (適當設施) means an adequate aperture in an external wall, to the satisfaction of the Building Authority, to provide direct access to the external air in respect of a room-sealed gas water heater which is or may be installed, and which aperture is capable of being sealed with a readily removable cover when a room-sealed gas water heater is not installed. (L.N. 143 of 1983) "room-sealed gas water heater" (密封式氣體熱水爐) "suitable provision" (適當設施) BUILDING (PLANNING) REGULATIONS - REGULATION 36 Rooms containing soil fitments VerDate:30/06/1997 (1) Every room containing a soil fitment or waste fitment shall be provided with a window or lantern light. (2) Every such window or lantern light shall be such that- (a) the aggregate superficial area of glass therein is not less than the equivalent of one-tenth of the area of the floor of the room; and (b) a part thereof, not less in area than the equivalent of one-tenth of the area of the floor of the room, can be opened directly into the open air. (3) The top of that part of any such window which, in accordance with paragraph (2), is designed to open shall be not less than 2 m above the level of the floor of the room. (L.N. 294 of 1976) (4) No room containing a soil fitment shall open directly into a room used or intended to be used for the manufacture, preparation or storage of food for human consumption or into the auditorium or any space in a place of public entertainment in which persons await admission to public entertainment. (L.N. 194 of 1996) (5) For the purposes of this regulation, the expression, "soil fitment" (便溺污水設備) means a water-closet fitment, a trough water-closet or a urinal. (G.N.A. 83 of 1959; G.N.A. 97 of 1962) "soil fitment" (便溺污水設備) BUILDING (PLANNING) REGULATIONS - REGULATION 37 Light and air not to be diminished VerDate:30/06/1997 No building shall be erected in such a manner as to reduce the quantity of light and air available to any other building, which has been erected in accordance with these regulations, below that required under these regulations. BUILDING (PLANNING) REGULATIONS - REGULATION 38 (Repealed L.N. 439 of 1990) VerDate:30/06/1997 PART V STAIRCASES, FIRE ESCAPES AND ACCESS FOR FIREFIGHTING AND RESCUE PURPOSES (Repealed L.N. 439 of 1990) BUILDING (PLANNING) REGULATIONS - REGULATION 39 Staircases VerDate:30/06/1997 (1) Every building which exceeds 1 storey in height shall be provided with a staircase or staircases to give access to upper floors unless there is separate access to such upper floors. (2) The main staircase of every building which exceeds 4 storeys in height shall be continued to the roof of the building unless a secondary staircase of fire escape is provided. (3) The main staircase of every building which exceeds 1 storey in height shall- (a) have a clear height of not less than 2 m; (b) have a clear width of not less than 900 mm; (c) be constructed with treads not less than 225 mm in width (measured at the centre of the flight) from the face of one riser to the face the next riser and with risers not exceeding 175 mm in height; (d) have not more than 16 steps in any flight without the introduction of a landing; (e) be provided on one or both sides with properly fixed handrails which, in section, shall be- (i) if tubular, not less than 38 mm and not greater than 50 mm in external diameter; (ii) if rectangular, not less than 40 mm and not more than 50 mm wide with an overall depth, or depth to a deep groove, of not more than 50 mm; (iii) in any other case, such as to afford to the user thereto a grip analogous to that specified in the case of either tubular or rectangular handrails, whichever may be the more appropriate having regard to the shape of the section. (L.N. 365 of 1984) (f) be so arranged as to provide access to a street or to an open space leading thereto; and (g) if continued to the roof of the building as a means of escape in case of fire be provided with a door at this level, such door to be glazed in the upper panels. (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 40 Staircases in buildings intended for separate occupation VerDate:30/06/1997 In any building intended for separate occupation by more than 2 tenants, the staircase intended for common use shall be provided with adequate natural lighting at each storey above the ground floor and be ventilated at least at its highest point. (L.N. 439 of 1990) BUILDING (PLANNING) REGULATIONS - REGULATION 40A Escalator to be in addition to staircases or means of escape in case of emergency VerDate:30/06/1997 (1) Where an escalator is installed in any building, it shall be in addition to- (a) any staircase required by regulation 39; and (b) the means of escape in case of emergency and second staircase required by regulation 41. (2) An escalator shall not be a staircase, passage or other normal means of egress for the purposes of regulation 43. (L.N. 97 of 1994) BUILDING (PLANNING) REGULATIONS - REGULATION 41 Means of escape VerDate:30/06/1997 (1) Every building shall be provided with such means of escape in case of emergency as may be required by the intended use of the building. (2) Without prejudice to paragraph (1), every building which exceeds 6 storeys in height or in which the level of the floor of the uppermost storey is more than 17 m above the level of the ground at the point of discharge of the main staircase shall, in addition to the main staircase, be provided with a second staircase as means of escape in case of emergency. (L.N. 294 of 1976) (L.N. 33 of 1966) BUILDING (PLANNING) REGULATIONS - REGULATION 41A Access staircases for firemen VerDate:30/06/1997 (1) Subject to paragraph (4), every building that exceeds 1 storey in height shall be provided with an adequate number of staircases, so designed and constructed as to allow firemen safe and unobstructed access to all floors of the building in the event of a fire ("access staircases"). (2) In determining what is, in respect of a building, an adequate number of access staircases, regard shall be had to the intended use of the building and the size of each floor. (3) The access staircase or staircases in a building shall be so designed and constructed that, in the event of a fire- (a) an adequate number of firemen, with equipment, may reach the fire; and (b) firemen using the staircase or staircases are adequately protected from fire and smoke. (4) This regulation does not apply to a building not exceeding 3 main storeys in height that is used or intended to be used solely for domestic purposes and constituting a single household unit. (L.N. 170 of 1992) BUILDING (PLANNING) REGULATIONS - REGULATION 41B Fireman's lifts VerDate:30/06/1997 (1) Subject to paragraph (4), every building exceeding 2 storeys in height shall be provided with at least such number of lifts designed and installed to be used by firemen in the event of a fire ("fireman's lift") as will ensure that no part of the floors that they serve are more than 60 m from such a lift. (2) (Repealed L.N. 136 of 1995) (3) Fireman's lifts provided in accordance with this regulation shall- (a) be so designed and installed that at least every alternate floor of the building is served by at least one fireman's lift; (b) be of an adequate size, and have adequately sized doors, for use by firemen with their equipment; (c) be enclosed by a liftwell that encloses no more than 3 fireman's lifts and no other lifts; (d) be so designed and installed that, in the event of a fire, firemen using the lifts are adequately protected from fire and smoke, particularly when leaving the lifts; (e) be so designed and installed that in the event of a fire, firemen can gain exclusive control and operation of the lifts so that firemen with their equipment can easily, conveniently, safely and speedily reach the fire; and (f) be so designed, located and installed that, in the event of a fire, firemen can have safe and unobstructed access to the lifts and to the floors served by the lifts. (L.N. 136 of 1995) (4) This regulation does not apply to- (a) a building- (i) provided with only 1 staircase; (ii) not exceeding 6 storeys in height; and (iii) in which the level of the floor of the uppermost storey is not more than 17 m above the level of the ground at the point of discharge of the staircase; (b) a domestic building not exceeding a height of 30 m; or (L.N. 136 of 1995) (c) a non-domestic building or the non-domestic part of a composite building- (i) in which no industrial undertaking is being, or is intended to be carried on and which is not used or intended to be used for bulk storage or as a warehouse, place of public entertainment, hotel or hospital; and (ii) either- (A) not exceeding a height of 15 m; or (B) exceeding a height of 15 m but neither exceeding a height of 30 m nor a cubical extent of 7000 m3. (L.N. 136 of 1995) (5) For the purposes of paragraph (4)(b) or (c), the height of a building shall be measured in accordance with regulation 23(1). (6) In this regulation- "cubical extent" (體積), in relation to a building, means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey, excluding any space within any enclosure on the roof used exclusively for accommodating a water tank or lift gear or any other services, and, if any side of the building is not enclosed by a wall, that side shall be deemed to be enclosed by a wall extending downwards from the outer edge of the roof; "hotel" (旅館) has the same meaning as in section 2 of the Hotel and Guesthouse Accommodation Ordinance (Cap 349); "industrial undertaking" (工業經營) has the same meaning as in section 2 of the Factories and Industrial Undertakings Ordinance (Cap 59). (L.N. 170 of 1992; L.N. 136 of 1995; L.N. 194 of 1996) "cubical extent" (體積) "hotel" (旅館) "industrial undertaking" (工業經營) BUILDING (PLANNING) REGULATIONS - REGULATION 41C Firefighting and rescue stairway VerDate:30/06/1997 (1) This regulation applies to- (a) every building exceeding- (i) a height of 30 m; or (ii) a cubical extent of 7000 m3 and a height of 1 storey, in which an industrial undertaking is being, or is intended to be carried on or which is used, or is intended to be used for bulk storage or as a warehouse; and (b) every basement- (i) exceeding a cubical extent of 7000 m3; and (ii) either- (A) exceeding a height of 2 storeys; or (B) exceeding a depth of 9 m from the floor level of the ground storey above the basement to the floor level of the lowest storey in the basement. (L.N. 136 of 1995) (2) Every building or basement to which this regulation applies shall be provided with at least such number of firefighting and rescue stairways as will ensure that no part of the building (including any basement in the building) or basement is more than 60 m from such a stairway. (3) Subject to paragraph (4A), every firefighting and rescue stairway shall be so designed and constructed that- (a) no lift other than a fireman's lift is installed in the stairway; (b) not more than 3 fireman's lifts are installed in the stairway; (c) if the roof is accessible by a staircase, the access staircase of the stairway serves the roof; (d) in the event of a fire, firemen may have safe and unobstructed access- (i) to all floors; and (ii) if subparagraph (c) applies, to the roof; and (e) firemen using the stairway are adequately protected from fire and smoke. (L.N. 136 of 1995) (4) For the purposes of paragraph (1)(a), the height of a building shall be measured in accordance with regulation 23(1). (4A) A fireman's lift in a firefighting and rescue stairway is not required to serve the top floor of a building to which this regulation applies if the Building Authority is satisfied that there is no practicable alternative to locating the machine room for the lift on that floor. (L.N. 136 of 1995) (5) In this regulation- "access staircase" (通道樓梯) has the same meaning as in regulation 41A; "basement" (地庫) means any storey of a building below the ground storey and from which any exit route required by or under these regulations is in an upward direction; "cubical extent" (體積) has the same meaning as in regulation 41B; "firefighting and rescue stairway" (消防和救援樓梯間) means a stairway accommodating an access staircase and a fireman's lift; "fireman's lift" (消防員升降機) has the same meaning as in regulation 41B; "ground storey" (地面樓層) means the storey in which is situated an entrance from a street to the building and, where a building fronts or abuts on more than on street and due to a difference in street levels there are 2 or more entrances serving different street and situated in different storeys, means each such storey. (L.N. 170 of 1992) "access staircase" (通道樓梯) "basement" (地庫) "cubical extent" (體積) "firefighting and rescue stairway" (消防和救援樓梯間) "fireman's lift" (消防員升降機) "ground storey" (地面樓層) BUILDING (PLANNING) REGULATIONS - REGULATION 41D Emergency vehicular access VerDate:31/12/2004 (1) Every building shall be provided with an emergency vehicular access which is so designed and constructed as- (a) to allow safe and unobstructed access of a vehicle of the Fire Services Department to the building; and (b) to provide for the safe operation of such a vehicle, in the event of a fire or other emergency. (2) The design and construction of an emergency vehicular access shall be in accordance with such requirements as may be specified by the Building Authority from time to time having regard to the intended use of the building. (3) The Building Authority may exempt a building from any or all of such requirements on design and construction if the Building Authority is satisfied that compliance with the requirement or requirements is- (a) impracticable having regard to the topographical features of the area on which the building is situated; or (b) unwarranted on the ground that the purpose for which the building is to be used constitutes a low fire risk. (4) A building in respect of which an exemption under paragraph (3) is in force shall comply with such other fire safety measures as may be specified by the Building Authority for the purpose of ensuring that the safety of the building would not be prejudiced by the exemption. (15 of 2004 s. 60) BUILDING (PLANNING) REGULATIONS - REGULATION 42 Landings, lobbies and passages VerDate:30/06/1997 The minimum dimension of every landing, lobby or passage shall not be less than the width of the staircase to which it leads. BUILDING (PLANNING) REGULATIONS - REGULATION 43 Distance from staircase VerDate:30/06/1997 Every part of any building intended for habitation or of any school or of any building used as a place of public assembly shall be not more than 24 m from a staircase, passage or other normal means of egress. (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 44 Revolving doors and turnstiles VerDate:30/06/1997 (1) Where revolving doors or turnstiles are used an alternative means of exit shall be provided in close proximity. (2) In any place of public assembly turnstiles, if used, shall be kept clear of the line of exit. BUILDING (PLANNING) REGULATIONS - REGULATION 45 Kitchens VerDate:30/06/1997 PART VI DOMESTIC BUILDINGS (1) Every domestic building, and unless exempted by the Building Authority any part of a domestic building which is intended to be separately let for dwelling purposes, shall be provided with kitchen accommodation. (2) The internal surface of every kitchen to a height of at least 1.2 m from floor level shall be faced with tiles or rendered in cement mortar, not less than 12.5 mm in thickness, or other non-absorbent material. (L.N. 294 of 1976) (3) Every kitchen shall be provided with a- (a) properly constructed fireplace or cooking slab unless the cooking is to be done by gas, oil or electricity; (b) sink and fittings for the supply of water. BUILDING (PLANNING) REGULATIONS - REGULATION 46 Tenement house VerDate:30/06/1997 (1) No tenement house shall be erected with a depth from the front main wall or, if any balcony is projected from the front main wall, from the front of every such balcony to the nearest rear main wall exceeding 10 m unless exempted by the Building Authority. (L.N. 33 of 1966) (2) (a) Save where exempted by the Building Authority, every storey of every tenement house shall be provided with a window in such rear main wall of such storey. (b) Such window shall be so constructed that- (i) the aggregate superficial area of the glass in the window is at least 1.5 m2; (ii) the window can, to an extent of at least 1.5 m2, be opened into the open air in such a manner that the top of the opening is at least 2 m above the level of the floor. (G.N.A. 83 of 1959) (3) No windows required under these regulations in any tenement house shall be obstructed by the erection of any structure either inside or outside the building. (4) (a) The internal area of every kitchen in a tenement house shall be- (i) not less than 3.75 m where the total area of the domestic premises of which such kitchen forms part, does not exceed 45 m2; (ii) not less than 4.5 m2 where the total area of the domestic premises of which such kitchen forms part, exceeds 45 m2 but does not exceed 70 m2; (iii) not less than 5.5 m2 where the total area of the domestic premises of which such kitchen forms part, exceeds 70 m2. (b) In no case shall the smaller dimension of such kitchen be less than 1.5 m. (5) For the purpose of these regulations a tenement house means any building in the domestic part of which any living room is intended or adapted for the use of more than one tenant or sub-tenant. In this regulation "living room" (起居室) means any room intended or adapted as a place for cooking or sleeping. (L.N. 294 of 1976) "living room" (起居室) BUILDING (PLANNING) REGULATIONS - REGULATION 47 Building abutting on retaining wall VerDate:30/06/1997 (1) No domestic building shall be erected against a retaining wall which exceeds 4.5 m in height. (L.N. 294 of 1976) (2) A space not less than 1.5 m in width shall be left between any domestic building and the bottom of any retaining wall exceeding 4.5 m in height. (L.N. 294 of 1976) (3) For the purposes of this regulation a massive rock face shall be deemed to be a retaining wall. BUILDING (PLANNING) REGULATIONS - REGULATION 48 Retaining wall forming part of a building VerDate:30/06/1997 Any retaining wall, which forms part of any domestic building shall, subject to the provisions of regulation 27- (a) be properly waterproofed to prevent dampness in the building; (b) be properly insulated to prevent condensation on the internal face of any room intended for habitation within the building. BUILDING (PLANNING) REGULATIONS - REGULATION 49 Building not to be used for domestic purposes and for dangerous trade VerDate:30/06/1997 (1) No building used or designed for domestic purposes or intended for habitation shall also be used- (a) for the manufacture of any dangerous goods within the meaning of the Dangerous Goods Ordinance (Cap 295); or (b) for the storage of any such dangerous goods to which section 6 of that Ordinance applies; or (c) as a motor repair shop; or (d) as a vulcanizing shop; or (e) for automobile or carriage painting; or (f) as a paint shop where paint or varnish is manufactured or mixed; or (g) for dry-cleaning, (L.N. 170 of 1992) unless exempted by the Building Authority, who may prescribe such structural and other requirements as in his opinion are necessary. (2) Notwithstanding the provisions of paragraph (1), where a building is used for any of the purposes specified in sub-paragraphs (a) to (g) thereof, any part of such building, not exceeding 50 m2 in area, may be used as a residence for a caretaker or other person employed in connexion with the maintenance of or provision of services for such building. (L.N. 294 of 1976) (L.N. 54 of 1969; L.N. 170 of 1992) BUILDING (PLANNING) REGULATIONS - REGULATION 49A Situation of a place of public entertainment VerDate:30/06/1997 PART VIA PLACES OF PUBLIC ENTERTAINMENT A place of public entertainment shall not be situated in a building which is used for any purposes other than those of such place of public entertainment. (Part VIA added L.N. 194 of 1996) BUILDING (PLANNING) REGULATIONS - REGULATION 49B Cinemas VerDate:30/06/1997 (1) Notwithstanding regulation 49A but subject to paragraphs (2), (3), (4) and (5), a cinema may be situated in a building which is used for any purposes other than those of such cinema. (2) A cinema shall be situated in a non-domestic building or the non-domestic part of a composite building. (3) Where a cinema or cinemas is or are situated in a building which is used for any purposes other than those of such cinema or cinemas, the accommodation provided shall not- (a) in case there is only 1 cinema so situated, be more than that required to accommodate 2000 persons; (b) in case there are 2 or more cinemas so situated, be in the aggregate more than that required to accommodate 2000 persons. (4) (a) A cinema shall not be situated in a building in, or in any part of, which any of the operations mentioned in subparagraph (c) is for the time being carried on. (b) Any of the operations mentioned in subparagraph (c) shall not be carried on in a building or in any part of a building in which a cinema is for the time being situated. (c) The operations referred to in subparagraphs (a) and (b) are- (i) a motor vehicle repair workshop; (ii) a petrol filling station; (iii) a godown or warehouse; (iv) a factory or an industrial undertaking; (v) a school; (vi) a child care centre; or (vii) a residential care home for elderly persons. (5) (a) A cinema may share all or any of the facilities mentioned in subparagraph (b) with any other cinema or other place of public entertainment situated in the same building if, and only if, each such facility which is so shared is provided to the satisfaction of the Building Authority. (b) The facilities referred to in subparagraph (a) are a means of escape, an entrance, a foyer and a waiting space. (Part VIA added L.N. 194 of 1996) BUILDING (PLANNING) REGULATIONS - REGULATION 49C Domestic accommodation VerDate:30/06/1997 Domestic accommodation, namely accommodation constructed, intended or used for habitation, shall not be provided in a place of public entertainment. (Part VIA added L.N. 194 of 1996) BUILDING (PLANNING) REGULATIONS - REGULATION 49D Floors and tiers VerDate:30/06/1997 Each floor or tier in a place of public entertainment shall be constructed so that it does not have a gradient steeper than 35o to the horizontal and the height between any such floor or tier and the underside of the tier or ceiling above it shall in every part be at least 3 m. (Part VIA added L.N. 194 of 1996) BUILDING (PLANNING) REGULATIONS - REGULATION 49E Waiting accommodation VerDate:30/06/1997 Adequate and suitable accommodation shall be provided in a place of public entertainment for persons awaiting admission to a public entertainment. (Part VIA added L.N. 194 of 1996) BUILDING (PLANNING) REGULATIONS - REGULATION 50 Definition of temporary buildings and short lived materials VerDate:30/06/1997 PART VII TEMPORARY BUILDINGS (1) (a) In these regulations temporary buildings shall mean any building for which a permit is issued on a temporary basis and is- (i) required only for a short time; (ii) constructed of short lived materials; or (iii) constructed as a contractor's shed required in connexion with the erection of permanent buildings. (b) The Building Authority may, in his discretion, include any building constructed on land held on licence. (2) Short lived materials mean any building materials which are, in the absence of special care, liable to rapid deterioration or are otherwise unsuitable for use in the construction of permanent buildings- (a) so far as they are used wholly or principally for the construction of the weather-resisting part of a roof or external wall of a building- (i) tongued and grooved boarding fixed horizontally, and any boarding less than 16 mm in thickness, or in the case of feather edge boarding less than 16 mm in thickness at the thicker edge of the board; (L.N. 294 of 1976) (ii) sheets of fibre building board (except super hard-board as defined in British Standard Specification 1142:1953), wood chip board or compressed straw; (iii) wood-wool building slabs; (iv) plywood, except plywood suitable for external use; (v) plaster board; (vi) fibrous plaster; (vii) lime or gypsum plaster on wood or metal lath; (viii) cement plaster not exceeding 40 mm in thickness on wood or metal lath; (L.N. 294 of 1976) (ix) sheet iron or steel which is not galvanized, painted or otherwise protected by a bituminous or other not less suitable coating; (x) organic-based felt; (L.N. 439 of 1990) (xi) canvas or cloth; (xii) palm leaves or matting; (b) unprotected softwood boarding, so far as it is used wholly or principally for the construction of the weather-resisting part of the roof of a building; (c) any other combustible material. BUILDING (PLANNING) REGULATIONS - REGULATION 51 Application to be made VerDate:30/06/1997 (1) On receipt of an application, in the specified form, from a building owner together with such plans as the Building Authority may require, he may permit in writing the erection of a temporary building. (G.N.A. 83 of 1959; L.N. 350 of 1993) (2) A permit issued under this regulation may specify the period for which such temporary building may exist, and such other conditions as the Building Authority may deem necessary. BUILDING (PLANNING) REGULATIONS - REGULATION 52 Siting to temporary building VerDate:30/06/1997 (1) No temporary building constructed of readily combustible materials shall be erected within 3 m of- (a) any other building; or (b) the boundary of the site within which it is located. (2) Such space of 3 m shall be kept clear. (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 53 Contractor's sheds VerDate:30/06/1997 (1) Notwithstanding regulation 51, every contractor shall- (a) submit an application, in the specified form, to the Building Authority for permission to erect contractor's sheds (other than sheds in contractors yards) during the execution of building works; (L.N. 350 of 1993) (b) supply information regarding the situation, dimensions, construction, the length of time for which such contractor's sheds are required and their intended use; and if intended for habitation, the number of persons to be accommodated shall be stated. (2) A permit issued by the Building Authority upon application made under paragraph (1) may specify the period for which such contractor's sheds may exist, and such other conditions as the Building Authority may deem necessary. (L.N. 350 of 1993) (3) The floor of every contractor's shed which is intended for habitation, shall be properly concreted or raised at least 1 m above ground level. (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - REGULATION 54 Kitchens, latrines and drainage required VerDate:30/06/1997 Every contractor carrying out building works shall provide- (a) adequate kitchens and latrines for the use of the workmen employed on such works; and (b) for the disposal of drainage, which shall be into a public drain or sewer where the same exists on or near a site. BUILDING (PLANNING) REGULATIONS - REGULATION 55 Live wire or cable to be made safe VerDate:30/06/1997 Where any contractor's shed is erected near to any live wire or cable, the contractor shall arrange with the owners of such wire or cable, to take the necessary precautions to render safe such wire or cable. BUILDING (PLANNING) REGULATIONS - REGULATION 56 Building Authority may erect sheds VerDate:30/06/1997 (1) Where any contractor fails to comply with any provision of regulations 53 to 55 or any condition that may be specified in a permit issued to him under regulation 53(2) or causes damage to Government property in the erection and maintenance of such contractor's sheds, the Building Authority may cause to be carried out such work as he may deem necessary to ensure such compliance and may make good any such damage. (L.N. 350 of 1993) (2) The Building Authority may recover the cost of such work from the contractor. BUILDING (PLANNING) REGULATIONS - REGULATION 57 Deposit of security VerDate:30/06/1997 The Building Authority may require any contractor, to whom a permit is issued to erect temporary sheds, to make a deposit in the Treasury of a sum not exceeding $500 in respect of each shed as security for the fulfilment of all obligations of the permittee. The amount of the deposit shall be fixed by the Building Authority who shall consider the circumstances of each particular case. BUILDING (PLANNING) REGULATIONS - REGULATION 58 Cancellation of permit VerDate:30/06/1997 The Building Authority may cancel any permit to erect a temporary building if the permittee- (a) contravenes any of these regulations; or (b) fails to maintain the building in a satisfactory manner. BUILDING (PLANNING) REGULATIONS - REGULATION 59 (Repealed 11 of 1995 s. 22) VerDate:30/06/1997 PART VIII BUILDING (PLANNING) REGULATIONS - REGULATION 60 (Repealed 11 of 1995 s. 22) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 61 (Repealed 11 of 1995 s. 22) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 62 (Repealed 11 of 1995 s. 22) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 63 (Repealed 11 of 1995 s. 22) VerDate:30/06/1997 BUILDING (PLANNING) REGULATIONS - REGULATION 64 Plans of hoardings, etc. to be submitted VerDate:30/06/1997 PART IX HOARDINGS, COVERED WALKWAYS AND GANTRIES (1) Every building owner who intends to- (a) erect, alter, or demolish any building; or (b) carry out any excavations, shall submit to the Building Authority plans of such hoardings, covered walkways and gantries as may be necessary for the safety and convenience of passers-by in the street, occupiers of adjoining premises, or any workmen employed on the work. (2) Such plans shall be accompanied by an application in the specified form, for a permit to erect such hoardings, covered walkways and gantries. (G.N.A. 83 of 1959; G.N.A. 75 of 1962; L.N. 350 of 1993) BUILDING (PLANNING) REGULATIONS - REGULATION 65 Form of permit and power of Building Authority to make requirements VerDate:30/06/1997 (1) The Building Authority may upon application issue a permit to erect hoardings, covered walkways or gantries and may specify in the permit the period for which such hoardings, covered walkways or gantries may exist, and such other conditions as he may deem necessary. (2) If the permittee of such a permit fails to comply with any of these regulations or any of the conditions specified in the permit, the permit may be cancelled. (L.N. 350 of 1993) BUILDING (PLANNING) REGULATIONS - REGULATION 66 Maintenance of hoardings, etc. VerDate:30/06/1997 (1) Every building owner shall erect hoardings, covered walkways and gantries in accordance with the permit issued under regulation 65 prior to the commencement of the building works specified in regulation 64, and shall maintain such hoardings, covered walkways and gantries in good repair during the continuance of the permit. (2) Except on isolated sites, all hoardings, unless exempted by the Building Authority, shall be close boarded. (3) No hoarding, covered walkway, gantry or building materials shall obstruct any drainage channel. (4) No advertisement other than a description of the building and the names of any persons concerned in its construction shall be displayed on any such hoarding or covered walkway. (G.N.A. 83 of 1959; G.N.A 75 of 1962) BUILDING (PLANNING) REGULATIONS - REGULATION 67 Liability of permittee VerDate:30/06/1997 (1) Where any building owner fails to comply with any requirement made, pursuant to the provisions of regulation 65, by the Building Authority or with the provisions of regulation 66 or causes any damage to Government property in the erection or maintenance of such hoardings, covered walkways and gantries, the Building Authority may cause to be erected and maintained such hoardings, covered walkways and gantries as he may deem necessary and may carry out any work necessary to secure compliance with any requirement made pursuant to regulation 65, and may make good any such damage. (G.N.A. 83 of 1959; G.N.A. 75 of 1962) (2) The Building Authority may recover the cost of such work from the building owner. BUILDING (PLANNING) REGULATIONS - REGULATION 68 Live wire or cable to be made safe VerDate:30/06/1997 Where any hoarding, covered walkway or gantry is erected near to any live wire or cable, the permittee shall arrange with the owners of such wire or cable, to take the necessary precautions to render safe such wire or cable. (G.N.A. 83 of 1959; G.N.A. 75 of 1962) BUILDING (PLANNING) REGULATIONS - REGULATION 69 Deposit of security VerDate:01/07/1997 Adaptation amendments retroactively made - see 29 of 1998 s. 28 The Building Authority may require any person, to whom a permit is issued to erect any hoarding, covered walkway or gantry in, over or upon Government land, to make a deposit in the Treasury of a sum not exceeding $500 as security for the fulfilment of all obligations of the permittee. The amount of the deposit shall be fixed by the Building Authority who shall consider the circumstances of each particular case. (G.N.A. 83 of 1959; G.N.A. 75 of 1962; 29 of 1998 s. 28) BUILDING (PLANNING) REGULATIONS - REGULATION 69 Deposit of security VerDate:30/06/1997 The Building Authority may require any person, to whom a permit is issued to erect any hoarding, covered walkway or gantry in, over or upon Crown land, to make a deposit in the Treasury of a sum not exceeding $500 as security for the fulfilment of all obligations of the permittee. The amount of the deposit shall be fixed by the Building Authority who shall consider the circumstances of each particular case. (G.N.A. 83 of 1959; G.N.A. 75 of 1962) BUILDING (PLANNING) REGULATIONS - REGULATION 70 Cancellation of permit VerDate:30/06/1997 The Building Authority may in the public interest cancel any permit to erect and require the removal of any hoarding, covered walkway or gantry even if the permittee has fulfilled all his obligations. (G.N.A. 83 of 1959; G.N.A. 75 of 1962) BUILDING (PLANNING) REGULATIONS - REGULATION 71 Power of Building Authority to permit windows, etc. to face or ventilate into unenclosed verandah, etc. VerDate:30/06/1997 PART X MISCELLANEOUS (1) Where, by any of these regulations, any window or vent or any other part of any building is required to face or to ventilate, directly or otherwise, into the external air or into the open air or any aperture or airshaft is required to communicate with the open air, the Building Authority may, subject to the provisions of paragraph (2), where he thinks fit, permit such window, vent or other part of any building, as the case may be, to face or to ventilate into, or such aperture or airshaft to communicate with, an unenclosed verandah or balcony or any other unenclosed place. (2) The Building Authority shall not give his permission under this regulation unless he is satisfied that to do so will not be to the prejudice of the standards of lighting or ventilation laid down by these regulations or the health of the occupiers of the building. (3) Where he gives his permission under this regulation, the Building Authority may, upon giving his approval of the plans of the building works, impose such conditions as he considers necessary. (G.N.A. 83 of 1959) BUILDING (PLANNING) REGULATIONS - REGULATION 72 Buildings to be planned for use by persons with a disability VerDate:20/09/1997 (1) Subject to paragraphs (3) and (4) and notwithstanding any other provisions (other than the provisions under this regulation) in these regulations, where a building is one to which persons with a disability have, or may reasonably be expected to have, access, that building shall be designed to the satisfaction of the Building Authority in such a manner as will facilitate the access to, and use of, that building and its facilities by persons with a disability. (L.N. 239 of 1997) (2) A building shall be deemed to be designed in accordance with paragraph (1) if its design complies with the requirements set out in Part I of the Third Schedule. (3) The provisions of this regulation shall apply to the categories of buildings specified in the first column of Part II of the Third Schedule only to the extent specified in the second column thereof. (4) The provisions of this regulation shall not apply to- (a) buildings of 13 m or less in height above ground level which are used, or intended to be used, for occupation by a single family; or (b) temporary buildings or contractor's sheds referred to in Part VII. (L.N. 239 of 1997) (L.N. 365 of 1984) BUILDING (PLANNING) REGULATIONS - REGULATION 72 Buildings to be planned for use by disabled persons VerDate:30/06/1997 (1) Subject to paragraph (3), where a building is one to which disabled persons have, or may reasonably be expected to have, access, that building shall be designed to the satisfaction of the Building Authority in such a manner as will facilitate the access to, and use of, that building and its facilities by disabled persons. (2) A building shall be deemed to be designed in accordance with paragraph (1) if its design complies with the requirements set out in Part I of the Third Schedule. (3) The provisions of this regulation shall apply to the categories of buildings specified in the first column of Part II of the Third Schedule only to the extent specified in the second column thereof. (L.N. 365 of 1984) BUILDING (PLANNING) REGULATIONS - SCHEDULE 1 PERCENTAGE SITE COVERAGES AND PLOT RATIOS VerDate:31/12/2005 [regulations 18A, 20 & 21] (L.N. 110 of 2005) Domestic buildings Non-domestic buildings Percentage site coverage Plot ratio Percentage site coverage Plot ratio Height of building in metres Class A site Class B site Class C site Class A site Class B site Class C site Class A site Class B site Class C site Class A site Class B site Class C site Not exceeding 15 m 66.6 75 80 3.3 3.75 4.0 100 100 100 5 5 5 Over 15 m but not exceeding 18 m 60 67 72 3.6 4.0 4.3 97.5 97.5 97.5 5.8 5.8 5.8 Over 18 m but not exceeding 21 m 56 62 67 3.9 4.3 4.7 95 95 95 6.7 6.7 6.7 Over 21 m but not exceeding 24 m 52 58 63 4.2 4.6 5.0 92 92 92 7.4 7.4 7.4 Over 24 m but not exceeding 27 m 49 55 59 4.4 4.9 5.3 89 90 90 8.0 8.1 8.1 Over 27 m but not exceeding 30 m 46 52 55 4.6 5.2 5.5 85 87 88 8.5 8.7 8.8 Over 30 m but not exceeding 36 m 42 47.5 50 5.0 5.7 6.0 80 82.5 85 9.5 9.9 10.2 Over 36 m but not exceeding 43 m 39 44 47 5.4 6.1 6.5 75 77.5 80 10.5 10.8 11.2 Over 43 m but not exceeding 49 m 37 41 44 5.9 6.5 7.0 69 72.5 75 11.0 11.6 12.0 Over 49 m but not exceeding 55 m 35 39 42 6.3 7.0 7.5 64 67.5 70 11.5 12.1 12.6 Over 55 m but not exceeding 61 m 34 38 41 6.8 7.6 8.0 60 62.5 65 12.2 12.5 13.0 Over 61 m 33.33 37.5 40 8.0 9.0 10.0 60 62.5 65 15 15 15 (L.N. 294 of 1976) BUILDING (PLANNING) REGULATIONS - SCHEDULE 1 PERCENTAGE SITE COVERAGES AND PLOT RATIOS VerDate:30/06/1997 [regulations 20 & 21] Domestic buildings Non-domestic buildings Percentage site coverage Plot ratio Percentage site coverage Plot ratio Height of building in metres Class A site Class B site Class C site Class A site Class B site Class C site Class A site Class B site Class C site Class A site Class B site Class C site Not exceeding 15 m Over 15 m but not exceeding 18 m Over 18 m but not exceeding 21 m Over 21 m but not exceeding 24 m Over 24 m but not exceeding 27 m Over 27 m but not exceeding 30 m Over 30 m but not exceeding 36 m Over 36 m but not exceeding 43 m Over 43 m but not exceeding 49 m Over 49 m but not exceeding 55 m Over 55 m but not exceeding 61 m Over 61 m 66.6 60 56 52 49 46 42 39 37 35 34 33.33 75 67 62 58 55 52 47.5 44 41 39 38 37.5 80 72 67 63 59 55 50 47 44 42 41 40 3.3 3.6 3.9 4.2 4.4 4.6 5.0 5.4 5.9 6.3 6.8 8.0 3.75 4.0 4.3 4.6 4.9 5.2 5.7 6.1 6.5 7.0 7.6 9.0 4.0 4.3 4.7 5.0 5.3 5.5 6.0 6.5 7.0 7.5 8.0 10.0 100 97.5 95 92 89 85 80 75 69 64 60 60 100 97.5 95 92 90 87 82.5 77.5 72.5 67.5 62.5 62.5 100 97.5 95 92 90 88 85 80 75 70 65 65 5 5.8 6.7 7.4 8.0 8.5 9.5 10.5 11.0 11.5 12.2 15 5 5.8 6.7 7.4 8.1 8.7 9.9 10.8 11.6 12.1 12.5 15 5 5.8 6.7 7.4 8.1 8.8 10.2 11.2