Introduction - HKU Libraries - The University of Hong Kong

BackgroundTHE BUILDINGS ORDINANCE AND THE BUILDINGS ORDINANCE (APPLICATIONTO THE NEW TERRITORIES) ORDINANCE2.1 The Buildings Ordinance (Cap. 123) stipulates, interalia, that save as otherwise provided, no person shall commenceor carry out any building works or street works without havingfirst obtained from the Building Authority (BA) (the Director ofBuildings under the Buildings Ordinance (Cap. 123)) its writtenapproval and consent of the building works (Section 14).Building works includes any kind of building construction, siteformation works, ground investigation in the scheduled areas,foundation works, repairs, demolition, alteration, addition andevery kind of building operation, and includes drainage works(Section 2) . Basically, all building works, except thoseexempted works, carried out without the approval and consent ofthe BA are classified as UBW. Exempted works include buildingworks other than drainage works, ground investigation in thescheduled areas or site formation works not involving thestructure of any building and drainage works in or for anyexisting building which do not, inter alia, involve the structureof any building (Sections 41(3) & (3A)).2.2 The Buildings Ordinance (Application to the NewTerritories) Ordinance (Cap. 121) empowers the Director of Lands(D of L) to issue Certificates of Exemption in respect of certainbuilding works, site formation works and drainage works in theNT -(a)for a building to be built by any person and tobe used for non-industrial purposes;(b) for a building to be built by a communityorganisation for the use of the community;(c)(d)for a building to be built on agricultural landand to be used solely for agricultural purposes;andfor the replacement of a temporary structure inthe NT.Building works referred to in the Buildings Ordinance(Application to the New Territories) Ordinance has the meaningassigned to it by Section 2 of the Buildings Ordinance ..exceptthat it shall not include site formation works, drainage works,or the construction of seawalls. Section 6 of the Buildings' . . • - . . .-•'• 4"'- ' ' • .:• . ' •