Alteration & Addition (Lecture Notes)
Alteration Works
Works done to existing building to keep update with the contemporary
standards & use
Addition works
Works done to existing building to enhance space and volume for
enjoyment
Government Departments Concerned
Same as new works, A&A works always involve the following major
government departments
- Lands Department
-Town Board/ Planning Department
-Buildings Department
-Fire Services Department
Major Ordinances
Major ordinances to come across and comply with for the A&A works
include:
-Building Ordinance
The Buildings Ordinance (BO) aims to regulate the planning, design and
construction of buildings and associated works on private land. Yhis
Ordinance prescribes building design and construction standards.
-Town Planning Ordinance
The Ordinance makes provision for the systematic preparation and
approval of plans for the lay-out of areas of Hong Kong as well as for the
types of building suitable for erection there. It empowers the making of
statutory plans or Outline Zoning plans.
-Land Lease
A land lease is not an ordinance in deed but a contract signed by the
Government, through the LandsD in the capacity of a landlord, with a land
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owner for the use of a piece of land. The land owner is obliged to comply
with the lease conditions. The LandsD will take appropriate lease
enforcement actions including re-entry in the capacity as the landlord
when breaches of lease conditions are established.
-Fire Safety (Buildings) Ordinance
The Fire Safety (Buildings) Ordinance (the “FS(B)O”) came into
operation on 1 July 2007. The purpose of this ordinance is to provide
better protection from fire risk for visitors, occupants and users of
pre-1987 composite buildings (partly for domestic purposes and partly for
non-domestic purposes) and domestic buildings (more than 3 storeys)
(target buildings) by upgrading the buildings to current fire safety
standards. Owners/occupiers of such buildings are required to improve
the fire safety measures which include fire service installations and
equipment as well as fire safety construction of the building.
-Fire Safety (Commercial Building) Ordinance
The purpose of this ordinance is to provide better protection from fire risk
for visitors, occupants and users of prescribed commercial premises such
as banking hall, supermarket or shopping arcade exceeding 230 sq.m and
specified commercial buildings like pre-1987 buildings used for the
purposes of office, business, trade or any entertainment, by upgrading the
premises or buildings to current fire safety standards. Owners/occupiers
of such premises or buildings are required to improve the fire safety
measures including the fire service installations and equipment as well as
the fire safety construction of the building.
-Hong Kong Airport (Control of Obstructions) Ordinance
This Ordinance prescribes the height restrictions of buildings for safety of
air flights.
-Antiques & Monuments Ordinance
This Ordinance prohibits any work being carried out on declared and
proposed monument site without a permit issued by the Secretary for
Development. Accordingly, unless a permit under section 6 of Cap.53 has
been obtained and a copy of such produced to the Buildings Department,
plans for building works affecting a building which has been declared a
Monument or a Proposed Monument may be disapproved.
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Buildings Regulations & Relevant Documents
- Building Regulations
The Building Ordinance lays down the minimum standard of public
health and safety on building works. Public health covers lighting &
ventilation, provision of sanitary fitments and drainage, lane, open space,
floor height, density, etc. Safety includes site safety during construction,
structural safety and fire safety provisions.
The Building Ordinance includes a set of building regulations which
elaborate on the various requirements of the Building Ordinance.
Thus the Buildings Ordinance is said to be the “Basic Law” or backbone
to regulate/control the building works while Building Regulations provide
the “flesh” and lay down technical requirements. Here are some of the
main building regulations:
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Building (Administration) Regulations
Building (Construction) Regulations
Building (Demolition) Regulations
Building (Planning) Regulations
Building (Standards of Sanitary Fitments, Plumbing, Drainage Works
&Latrines) Regulations
Building (Ventilation Systems) Regulations
Building (Minor Works) Regulation
- Codes of Practice
The Ordinance and its subsidiary Regulations are passed as laws by the
Legislative Council. However, the Building Authority has published from
time to time Codes of Practice, Design Manuals and Guidelines that
further elaborate/explain on the technical requirements of the regulations.
Major codes of practice include:
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Code of Practice for Building Works for Lifts & Escalators
Code of Practice for the Structural Use of Steel 2005
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Code of Practice for Fire Safety in Buildings 2011
Codes of Practice for Minimum Fire Service Installations and
Equipment and Inspection, Testing and Maintenance of Installations
and Equipment 2012 (this Code is published by the Fire Services
Department)
- Design Manuals
There are several but the main one is:
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Design Manual-Barrier Free Access 2008
The manual specifies the requirements to provide to persons with a
disability like wheel chair users, persons with visual/hearing impairment
for the means of access such as ramp, disable lift , tactile guide path etc.
as well as the appropriate facilities for their use once inside the premises
e.g. disable toilet., visual alarms etc.
- Guidelines
Here are the three main guidelines for A&A works
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General Guidelines on Minor Works Control System
As the name indicates, it sets out the procedures and requirements for
regulating the minor works. These procedures and requirements are
simpler than the system of prior approval and consent of the Building
Authority for carrying out building works.
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Technical Guidelines on minor Works Control System
This document gives the contractors who are interested in carrying out
“minor works” under the “simplified requirements” a clear understanding
of the new “minor works control system”. Apart from identifying their
legal responsibilities, technical guidance, recommended design and
details, and safety instructions for complying with this legislation are
provided to facilitate contractors carrying out the minor works.
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•
Practical Guidebook for Adaptive Re-use of & Alteration
&Addition Works to Heritage Buildings 2012
As its title indicates, this Practice Guidebook mainly provides design
guidelines as well as safety and health requirements under the BO for
A&A works done to adapt reuse of heritage buildings.
- Practice Notes & Joint Practice Notes for APs, RSEs &RGEs
The Building Authority (BA) issues practice notes to authorized persons
(AP), registered structural engineers (RSE) and registered geotechnical
engineers (RGE) from time to time to inform these building professionals
how the BA applies and enforces the provisions of the Buildings
Ordinance (BO) and its subsidiary regulations.
PNAPs are now categorized into three parts according to the nature of
their contents. PNAPs with the prefix letters (ADM) relating to the
general administration of the Buildings Department (BD) and other
administrative matters relating to plan approval, issue of consent and
occupation permits and related matters; PNAPs with the prefix letters
(APP) explain how the BA applies and enforces the provisions of the BO
and its regulations, and PNAPs with the prefix letters (ADV) are of
general advisory nature, promoting good practices to the practitioners in
the building industry.
Alteration & Addition Building Plan Approval & Work Consent
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Statutory Actors
AP, RSE, RGE, RGBC/RSC
Any person who intends to carry out alteration or addition building works
in existing premises is required by law to appoint an authorized person, and
where necessary a registered structural engineer, to prepare and submit
plans for the approval of Building Authority under the Buildings
Ordinance. He is also required to appoint a registered general building
contractor (RGBC) or registered specialist contractor (RSC), as the case
may be, to carry out the building works.
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Authorized Person (AP) is the co-ordinators of building works. Registered
Structural Engineer (RSE) and Registered Geotechnical Engineer (RGE)
are responsible respectively for the structural elements and geotechnical
aspects of building works, while RGBC is responsible for the carrying out
the building works
Duties of these statutory actors are:
(a) to supervise the carrying out of the building works in accordance with
the supervision plan (AP to provide periodic supervision; RGBC to
provide continuous supervision) ;
(b) to notify the Building Authority if there is any contravention of the
Building Ordinance and its regulations; and
(c) to comply generally with the Building Ordinance
- Authorized Person
There are 3 lists in the BD's AP register -architect, engineer & surveyor.
Applicant can apply for inclusion in one or more of the lists. To qualify
for inclusion in the list or register, the applicant must be a
(i) Registered architect (RA), registered professional engineer (RPE) in
the structural or civil engineering discipline or registered professional
surveyor (RPS);
He/she has
(ii) A continuous period of 1 year practical experience gained in Hong
Kong within the 3 years preceding the date of his application; and is
(iii) Recommended by the respective Registration Committee (RC) for
inclusion in the respective register (s) i.e. AP (A), AP(E) or AP(S)
- Normal Building Control Procedure
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AP prepares & submits plans to BD for approval, normally get
approval from BD within 60 days or 30 days under the fast track
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procedure for simple A&A works; plans deemed to be approved within
the specified period if no written reply by the BD;
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Consent application
Usually consent is applied for (which spends another 28 days) after
approval of the building plans is given. Consent is deemed to be granted
by the BD within the specified period even though no reply is given.
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Concurrent Procedure for Approval & Consent
For simple A&A works, where works do not involve the structure of the
building and do not affect the fundamental issues or referrals to other
Government departments/offices (except Fire Services Department) are
not necessary, the concurrent or simultaneous applications for approval
and consent will be processed within 30 days
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Completion of A&A Works (Form 14)
Upon completion of the A&A works, a certificate of completion of
building works not resulting in a new building (Forms BA14) together
with two sets of record plans, should be submitted to the BD in
accordance with Building (Administration) Regulation 25, certifying
works being carried out in accordance with the provisions of the
Ordinance and regulations.
While there is no statutory time limit under the Buildings Ordinance for
processing such certificate, the Buildings Department will generally give
a reply within 28 days advising on the acceptance of the completed works
or the outstanding issues to be rectified. (APP-13)
- Flow of Normal Procedures
Here comes the flow of the building control procedure:
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AP prepares & submits plans to BD for approval, normally get
approval from BD within 60 days or 30 days under fast track
procedure for A&A works; plans deemed to be approved if no reply
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from the BD within the specified period
AP notify BD by means of consent application before
commencement of works; consent deemed to be obtained within 28
days
Upon completion of the building works not resulting in a new
building, AP submits certificate to the BD, certifying works being
carried out in accordance with the provisions of the Ordinance and
regulations.
Minor Works Control System
A new Minor Works Control System (MWCS) has been fully
implemented by the BD on 31 December 2010. If the works fall within the
designated minor works items, they may be carried out without the need
for obtaining approval and consent from the BD if they are implemented
through the simplified requirements under the Minor Works Control
System.
- Some Main Features of the System
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Simplified Procedures for minor works of smaller scale & lower level
of risk
No more need of approval & consent from BD
Classify minor works into 3 classes, Class I, I & III with descending
degree of control i.e. with the least stringent control for Class III
works
Each class further classified into 7 types of works corresponding to
specialization
Overall 118 items of minor works classified
- Simplified Procedures
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First, all notifications should be submitted by the AP /RI if PBP had
been appointed, otherwise, they should be submitted by the PRC
appointed
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•
For both projects involving Class I and Class II minor works items,
notification of commencement in the specified form with prescribed
plans, supporting document and site photos should be submitted to
the BA at least 7 days before the commencement of works.
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After verifying that all works involved are “minor works”, BA
acknowledges submission with a unique submission number.
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Certificate of completion should be submitted in the specified form
with the abovementioned submission number, record plans,
supporting document and record photos within 14 days after the
completion of works
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For projects in which only Class III minor works are involved, notice
and certificate of completion should also be submitted in the
specified form with record plans or description of works, supporting
document and record photos (before and after the completion of
works) within 14 days after the completion of works.
Some Issues to Consider before A&A works
Before attempting the A& A works, check should be made on at least two
major statutory documents affecting the development potential of a site,
namely the Building Ordinance and the Outline Zoning Plan (with its
Schedule of Notes), and the non-statutory document, namely the Lease.
The more stringent requirement should be taken if there is conflict among
the documents.
- Lease Conditions
• Is the development potential such as site coverage, plot ratio
exceeded?
• Whether an additional floor/extension can be added or not
• Is DMC be violated by the proposed A&A works such as
occupying common /public space?
• Whether Lease Modifications or Temporary Waiver will be granted
and the amount of premium or waiver fee to be paid. Lease
modification is for long term change while Temporary Waiver is
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for short term change of use.
- Outline Zoning Plan
Prior to commencement of any A&A works, check the land use zoning of
the site/premises on the relevant Outline Zoning Plan (OZP) and the
provisions of the Plan to see whether the proposed use of the A&A works
is allowed. For example
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A&A works creates a use not complying with the outline zoning plan
such as setting up a bank in a university (institution) building
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If there is a change in use, Section 16 application is to be made to the
TPB if the new use falls under Column 2 uses of the OZP
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Otherwise rezoning application under S12 may be required but the
approval of which is uncertain.
- Heritage Building
Now, let's look at what we shall pay attention to if A&A works are to be
done in historic buildings.
A heritage building is taken as either a declared monument or a proposed
monument defined under the Antiquities and Monuments Ordinance, or a
graded historic building ( in 3 grades of I,II &III) accorded by the
Antiquities Advisory Board (AAB), or a proposed graded historic
building identified by the AMO
Heritage buildings were built long time ago, their design and facilities
provided usually do not comply with current building safety and health
standards and statutory requirements
Submission of proposal for alteration and addition (A&A) works to the
Buildings Department (BD) for approval under the Buildings Ordinance
(BO) is required
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A dedicated Heritage Unit (HU) has been set up in the BD to process all
building and structural plan submissions involving adaptive re-use of and
A&A works to heritage buildings
- Antiques and Monuments Ordinance /Office
Let's look at the role played by the Antiques and Monuments Ordinance
/Office
 Declared & Proposed Monuments
Once a building has been declared as a monument or a proposed
monument, the building is legally protected and no person shall undertake
building or other works on it without a permit granted by the Antiques
Authority /Office under section 6 of the A&MO.
The Antiques Authority is not only empowered to prevent alterations, but
to impose conditions upon any proposed alterations/additions as he thinks
fit, in order to protect the monument
 Graded Historic Buildings
There are three grades for historic buildings
• Grade 1 Historic Buildings
Grade 1 historic buildings are buildings with outstanding merits. Every
effort should be made to preserve them if possible.
• Grade 2 Historic Building
Grade 2 historic buildings are buildings with special merit. Efforts should
be made to selectively preserve them
• Grade 3 Historic Buildings
Grade 3 historic buildings are buildings with some merits. Preservation in
some form would be desirable. Alternative means could be considered if
preservation is not practicable
Regulatory compliance checks for alterations and additions.
Before we carry out A&A works, we need to
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- check compliance with the Hong Kong Airport (Control of Obstructions)
Ordinance if floor (s) are added to a high rise building under the flight
path for heights control in the interest of the safety of aircraft
- appoint RSE to check adequacy of existing structure for the A&A works
such as adding a fire tank on roof or adding an internal staircase to roof
i.e. to check whether the additional loads can be supported by the existing
structure(s).
-check compliance with barrier free access requirements such as ramp or
lift way construction for wheel chair users
-pay attention to fire escape and fire compartment requirements when an
apartment is to be subdivided into minor units
-provide more toilets for the patrons when an office floor is changed into
a restaurant in compliance with the Building (Sanitary Fitments …)
Regulations
-check means of escape and Fire Services (Fire Hazard Abatement)
Regulation requirement when installing a gate at the main entrance of
building for better security and deterring trespass. It always needs to
strike a balance fire escape on the one hand and security on the other.
-check Code of Practice for Minimum Fire Service Installations and
Equipment when making an opening on floor/roof for an internal
staircase to see whether sprinkler is to be installed as a fire curtain during
fire.
-check protection barrier requirement is complied with when adding new
window(s) on upper floor(s) to make sure that windows open above
1100mm from FFL or window guard added
Unauthorized Building works
- Any works, except exempted works or works under the Small House
Policy for the New Territories, carried out without prior approval of plans
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and consent for commencement from the BD or following the Minor
Works Control Scheme, as the case may be, are unauthorized building
works
-BD is empowered to effect the demolition of these UBWs
-The BA has no powers to give retrospective approval or consent for
unauthorized building works (UBW). That means you cannot legalize the
UBW by following the BD's approval & consent procedures or the
Simplified Procedures for minor works after it was built.
Some other examples of UBW
(Slide 25)
The right photo shows an opening formed in the staircase enclosure
which adversely affects structural safety and fire resistance requirements
The left photo shows large glass panels which do not comply with
regulations such as structural safety and fire resistance & compartment
requirements
(Slide 26)
The right photo shows UBW on podium flat roof which blocks fire
escape
The left photo shows enclosed balcony which does not comply with
regulations such as means of escape in case of fire, structural safety etc)
(Slide 27)
Both pictures in slide 27 show a Metal cage attached to external wall
which pose danger if collapse, or do not allow escape in case of fire or to
make access for firefighting and rescue more difficult
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References
Building Ordinance and Regulations, Buildings
http://www.bd.gov.hk/english/links/index_rellinks.html
Department.
City University of Hong Kong (2003),'Building Design and Development
in Hong Kong", City University of Hong Kong Press, Hong Kong,
pp22-57
Codes of Practice and Design Manuals, Buildings Department.
http://www.bd.gov.hk/english/documents/index_crlist.html
Codes of Practice for Minimum Fire Service Installations and Equipment
and Inspection, Testing and Maintenance of Installations and Equipment,
2012 Ed., Fire Services Department.
http://www.hkfsd.gov.hk/eng/code.html
Cookson Smith, P (2012),'Town Planning Procedures' in Wong, WS &
Chan, E (Eds.),'Professional Practice for Architects in Hong Kong',
PACE, pp96-113
Fire Services Department (2012),'The Role of Fire Services Department
in Building Protection' in Wong, WS & Chan, E (Eds.),'Professional
Practice for Architects in Hong Kong', PACE, pp92-95
General Guidelines on Minor Works Control System, Buildings Department.
http://www.bd.gov.hk/english/documents/guideline/MWGG.htm
Kwong, SY (2012),'Understanding the Building Ordinance' in Wong, WS &
Chan, E (Eds.),'Professional Practice for Architects in Hong Kong', PACE, pp
68-72
Lai, WC & Ho, CW (2002),'Planning Buildings for a High Rise
Environment : A Review of Building Appeal Decisions', Hong Kong
University Press, pp1-16.
Practice Guidebook for Adaptive Re-use of and Alteration and Addition
Works to Heritage Buildings 2012, Buildings Department.
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http://www.bd.gov.hk/english/documents/guideline/heritage.pdf
Practice Notes for Authorized Persons, Registered Structural Engineers
and Registered Geotechnical Engineers, Buildings Department.
http://www.bd.gov.hk/english/documents/index_pnap.html
Rowlinson, S.M. & Walker, A (1995),'The Construction Industry in Hong
Kong', Longman, Hong Kong, pp 35-55
Tong, A(2013),’ Building and development control legislation in Hong
Kong’, Pace Publishing Limited.
Wong, WS (2012),'Building Plan Submission and Commentaries', in
Wong, WS & Chan, E (Eds.),'Professional Practice for Architects in
Hong Kong', PACE, pp 73-73-91
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