HKIA/ARB PA Paper 5 cheat sheet

Identify the client's stated objective, the statutory constraint, and the contractual position separately; each case question is usually testing one of these three layers, and conflating them loses marks.

Under the Buildings Ordinance (Cap 123), 'building works' include site formation, foundation, erection, alteration, repair and demolition; classify the works before choosing the submission route (plan approval vs. minor works).

The Building (Minor Works) Regulation (Cap 123N) covers designated minor works under simplified requirements; check whether the works fall in Schedule 1 (no plan approval, notification before commencement) or are excluded.

For unauthorised building works, distinguish enforcement under section 24 (removal order) from section 24C (on notice with opportunity to be heard); the s.24 order takes effect on service.

Occupying an unauthorised structure is an offence separate from erecting it; the Building Authority's power to order closure under s.24B is a distinct step from a s.24 demolition order.

In professional-negligence scenarios, test the four elements: duty of care, breach measured against the ordinary standard of a reasonably competent architect, causation, and recoverable loss.

When a case involves a time bar, state the limitation period explicitly: 6 years for simple contract and tort claims, 12 years for deeds (Limitation Ordinance, Cap 347).

For a case involving fire safety, cite the Code of Practice for Fire Safety in Buildings 2011 and identify whether the issue is means of escape, fire-resisting construction, or means of access for firefighting.

Architects Registration Ordinance (Cap 408): registration with the Architects Registration Board is required to use the title 'architect' and to practise as an architect in Hong Kong.

The ARB may investigate allegations of professional misconduct and impose sanctions including reprimand, conditions on registration, suspension, and removal from the register.

Buildings Ordinance s.4 empowers the Building Authority (the Director of Buildings) to approve plans; s.14 deals with refusal of plans and s.16 with appeals to the Appeal Tribunal.

The Building Authority may appoint authorised persons and registered structural engineers under s.3; supervision by an AP/RSE is a condition of many consents, not a substitute for the architect's own duties.

Under the Buildings Ordinance, notice of commencement (Form BA14) and notice of completion must be given; occupation approval (Form BA13/BA13A) precedes lawful occupation.

Under the Professional Code, an architect must not accept work in a field outside their competence without obtaining specialist advice, and must disclose conflicts of interest.

Fees: the Buildings Ordinance and its regulations do not prescribe architect fees; the HKIA Conditions of Engagement and the ARB's fee guidance are the reference points for professional remuneration.

Under the Personal Data (Privacy) Ordinance (Cap 486), client and project data must be collected for a lawful purpose and used only for that purpose; data access requests must be answered within 40 days.

Traditional lump-sum: design completed before tender, employer carries design risk, contractor carries construction risk; variations are valued under the contract's valuation rules.

Design-and-build: the contractor bears design risk for the works it designs; the employer's requirements must be performance-based, and novation of the architect is a common but separate step.

Time: an extension of time must be granted where a relevant event delays completion; concurrent delay generally does not defeat the contractor's EOT entitlement but may affect prolongation cost.

Liquidated damages must be a genuine pre-estimate of loss, not a penalty; a single LD rate applied to partial possession must be reduced pro rata.

Variation valuation order: rates in the contract, then rates derived from contract rates, then fair valuation; the architect must issue the instruction before the work is done unless urgency applies.

Interim certificates: the architect must certify within the period stated in the contract; failure to certify does not make the architect liable for the sum, but exposes them to misconduct risk.

Practical completion triggers the defects liability period, release of part of retention, and the start of the limitation clock for latent defects; record the date in writing.

Under the Construction Industry Council's security-of-payment regime, a payment response is due within the period stated in the contract, and adjudication is available if the response is not paid.

Sustainable Building Design Guidelines (PNAP APP-151/152) govern building separation, setback, site coverage and greenery; compliance earns gross floor area concessions under the Buildings Ordinance.

Overall thermal transfer value (OTTV) is capped for prescribed buildings; the Building (Energy Efficiency) Regulation sets the framework and the Code of Practice for OTTV sets the calculation method.

BEAM Plus assesses new buildings on site aspects, energy use, water use, materials, indoor environmental quality and innovations; a provisional assessment is available at design stage.

Concrete grade is specified by cube strength at 28 days; for structural elements the specified grade, cover, and exposure class must be consistent with the Code of Practice for Structural Use of Concrete.

Fire resistance period (FRP) is expressed in minutes and determined by element type and building height/use; it is distinct from the fire resistance rating of a tested assembly.

Passive design priority: reduce cooling load through orientation, shading, and envelope first; then size active systems; then consider renewables. This order is the basis of the OTTV approach.

Curtain wall performance is specified by tests for air permeability, watertightness, and wind resistance; the design wind pressure comes from the Code of Practice on Wind Effects.

In Hong Kong, fresh water and seawater are both used for flushing; dual plumbing must be identified and labelled, and seawater systems need corrosion-resistant materials.

Identify the client's stated objective, the statutory constraint, and the contractual position separately; each case question usually tests one of these three layers, and conflating them loses marks.

Under the Buildings Ordinance (Cap 123), 'building works' include site formation, foundation, erection, alteration, repair and demolition; classify the works before choosing the submission route.

The Building (Minor Works) Regulation (Cap 123N) covers designated minor works; check whether the works fall in Schedule 1 (simplified, notification-based) or require full plan approval.

For unauthorised building works, distinguish a s.24 removal order from a s.24C order (with opportunity to be heard); the s.24 order takes effect on service.

Occupying an unauthorised structure is an offence separate from erecting it; the Building Authority's power to order closure under s.24B is a distinct step from demolition.

In professional-negligence scenarios, test duty of care, breach against the standard of a reasonably competent architect, causation, and recoverable loss.

When a case involves a time bar, state the limitation period: 6 years for simple contract and tort claims, 12 years for deeds (Limitation Ordinance, Cap 347).

For fire safety cases, cite the Code of Practice for Fire Safety in Buildings 2011 and identify whether the issue is means of escape, fire-resisting construction, or firefighting access.

Architects Registration Ordinance (Cap 408): registration with the Architects Registration Board is required to use the title 'architect' and to practise as an architect in Hong Kong.

The ARB may investigate allegations of professional misconduct and impose sanctions including reprimand, conditions on registration, suspension, and removal from the register.

Buildings Ordinance s.4 empowers the Building Authority (the Director of Buildings) to approve plans; s.14 deals with refusal of plans and s.16 with appeals to the Appeal Tribunal.

The Building Authority may appoint authorised persons and registered structural engineers under s.3; AP/RSE supervision is a condition of many consents, not a substitute for the architect's duties.

Under the Buildings Ordinance, notice of commencement (Form BA14) and notice of completion must be given; occupation approval precedes lawful occupation.

Under the professional code, an architect must not accept work outside their competence without specialist advice, and must disclose conflicts of interest.

Architect fees are not prescribed by the Buildings Ordinance; the HKIA Conditions of Engagement and ARB fee guidance are the reference points for professional remuneration.

Under the Personal Data (Privacy) Ordinance (Cap 486), client and project data must be collected for a lawful purpose and used only for that purpose; access requests must be answered within 40 days.

Traditional lump-sum: design completed before tender, employer carries design risk, contractor carries construction risk; variations are valued under the contract's valuation rules.

Design-and-build: the contractor bears design risk for the works it designs; employer's requirements must be performance-based, and novation of the architect is a separate step.

An extension of time must be granted where a relevant event delays completion; concurrent delay generally does not defeat the EOT entitlement but may affect prolongation cost.

Liquidated damages must be a genuine pre-estimate of loss, not a penalty; a single LD rate applied to partial possession must be reduced pro rata.

Variation valuation order: contract rates, then rates derived from contract rates, then fair valuation; the architect must issue the instruction before the work unless urgency applies.

Interim certificates: the architect must certify within the contract period; failure to certify does not make the architect liable for the sum but exposes them to misconduct risk.

Practical completion triggers the defects liability period, release of part of retention, and the start of the limitation clock for latent defects; record the date in writing.

Under the Construction Industry Council's security-of-payment regime, a payment response is due within the contract period, and adjudication is available if the response is not paid.

Sustainable Building Design Guidelines (PNAP APP-151/152) govern building separation, setback, site coverage and greenery; compliance earns gross floor area concessions.

Overall thermal transfer value (OTTV) is capped for prescribed buildings; the Building (Energy Efficiency) Regulation sets the framework and the Code of Practice for OTTV sets the method.

BEAM Plus assesses new buildings on site aspects, energy use, water use, materials, indoor environmental quality and innovations; a provisional assessment is available at design stage.

Concrete grade is specified by cube strength at 28 days; the specified grade, cover, and exposure class must be consistent with the Code of Practice for Structural Use of Concrete.

Fire resistance period (FRP) is expressed in minutes and determined by element type and building height/use; it is distinct from the fire resistance rating of a tested assembly.

Passive design priority: reduce cooling load through orientation, shading, and envelope first; then size active systems; then consider renewables. This order underpins the OTTV approach.

Curtain wall performance is specified by tests for air permeability, watertightness, and wind resistance; design wind pressure comes from the Code of Practice on Wind Effects.

In Hong Kong, fresh water and seawater are both used for flushing; dual plumbing must be identified and labelled, and seawater systems need corrosion-resistant materials.