Statutory Framework: Buildings Ordinance, Land Ordinance and Related Hong Kong Legislation
This domain tests whether you can place a surveyor's task inside the correct statutory instrument and sequence. Candidates lose marks by treating 'approval' as one event, when in Hong Kong a project may need planning permission, lease modification, Buildings Ordinance approval, environmental clearance, a construction noise permit and waste disposal arrangements, each under a different ordinance and department.
The Buildings Ordinance core
The Buildings Ordinance (Cap. 123) runs a clear sequence: submission of plans to the Building Authority (s.14); approval or refusal, with refusal grounds including non-compliance with the Ordinance and regulations (s.16); deemed approval if the Building Authority fails to determine within 60 days (s.17); consent to commencement; supervision during construction; occupation permit (s.21), including temporary occupation permits with conditions. Enforcement powers include removal orders against unauthorised building works (s.24). The Minor Works Control System under the Building (Minor Works) Regulation allows prescribed minor works in three classes to proceed without prior approval, but only by registered minor works contractors with notification.
The surrounding statutes
- Town Planning Ordinance (Cap. 131): zoning in Outline Zoning Plans; 'OU' and 'CDA' zones and some uses require planning permission.
- Environmental Impact Assessment Ordinance (Cap. 499): designated projects need an approved EIA and environmental permit.
- Noise Control Ordinance (Cap. 400): construction noise permit for prescribed works, including percussive piling.
- Waste Disposal Ordinance (Cap. 354): disposal of construction waste requires the trip ticket system.
- Land Registration Ordinance (Cap. 128): registration determines priority; Land Titles Ordinance (Cap. 585) provides for a title register whose commencement is staged.
- Lands Resumption Ordinance (Cap. 124) and Government Rent (Assessment and Collection) Ordinance (Cap. 515): resumption for public purpose and Government rent.
- Factories and Industrial Undertakings Ordinance (Cap. 59) and Occupational Safety and Health Ordinance (Cap. 509): site safety duties.
Worked example
A 30-storey residential redevelopment on a site zoned 'Residential (Group A)' with a lease limited to 'godown purposes'. Sequence: lease modification or re-grant first (user restriction and building covenant), planning permission only if the OZP requires it for the proposed use or the site is within a control zone, then Buildings Ordinance plan approval and consent, a construction noise permit before piling, trip tickets for surplus spoil, occupation permit, and finally the Lands Department's certificate of compliance. Getting the order wrong creates abortive design and premium renegotiation.
Traps that cost marks
Assuming plan approval equals planning permission. Forgetting that deemed approval under s.17 does not legalise non-compliance. Overlooking the trip ticket regime. Treating the Land Titles Ordinance as fully in force.