Alteration and Addition Works in Domestic Premises
The carrying out
of alteration and addition works (A&A works) in domestic premises
to suit the needs of the owners or occupants is not uncommon in Hong
Kong. If these works do not involve the structure of the building,
they are exempted works under section 41 of the Buildings Ordinance
(BO) which may be carried out without the need for obtaining approval
and consent from the Buildings Department (BD). If the works fall
within the designated minor works items, they may also 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 (MWCS). Whether they are exempted works or minor
works, they still have to comply with the building standards such as
fire safety and structural safety standards stipulated in the Building
Regulations. If the A&A works do not comply with the Building
Regulations or if the A & A works, which are not exempted works or
minor works, have been carried out without prior approval and consent
from the BD, such works will become unauthorized building structures or
unauthorized building works and will be subject to enforcement actions
under the BO. Whether the works are acceptable under the BO would
need to be considered on the basis of individual circumstances. Owners
and occupants are strongly advised to consult building professionals,
registered contractors and, when necessary, authorized persons on the
feasibility of the proposal for compliance with the BO before the
carrying out of such works and to make submission in accordance with the
simplified requirements under the MWCS or formal application for
approval and consent from the BD as appropriate.
The following are examples of the
likely implications of carrying out A&A works in domestic premises
from the perspective of the BO.
| 1. |
Can green balconies and utility platforms be enclosed? |
| |
As
it is a condition imposed under BO s 42 that the green balconies and
utility platforms should not be enclosed in order that their areas can
be exempted from gross floor areas calculations, enclosing such features
above parapet height by windows, glass panels, grilles, solid walls or
similar features would result in contravention of the condition of
exemption and may result in contravention of the BO.
|
| |
|
| 2. |
Can windows, grilles and/or glass panels be installed above the parapets of balconies (other than green balconies)/ verandahs? |
|
Installation
of windows, grilles and/or glass panels for enclosure of balconies
(other than green balconies)/ verandahs will be unacceptable if the
works involve the structure of a building, or result in inadequate
natural lighting and ventilation provisions to the premises, or result
in contravention of fire safety requirements for balconies forming an
integral part of an exit staircase, etc. Nonetheless, installation of
openable windows enclosing balconies/verandahs (not applicable to green
balconies/utility platforms and balconies forming integral part of an
exit staircase) may be acceptable if:
- the works do not involve the
structure of a building (for example, structural members of the
balcony/verandah would not be removed or altered);
- the originally approved protective barrier in the form of parapet wall or metal railing would not be altered or removed;
- the openable windows comply
with the requirements for natural lighting and ventilation as stipulated
in the Building (Planning) Regulations; and
- the works are proceeded with in accordance with the simplified requirements of the MWCS.
|
|
|
3. |
Can open kitchens be done without approval from the Buildings Department? |
|
Removal
of the enclosing walls of a kitchen for conversion to an open kitchen
may involve structural elements resulting in contravention of the BO.
Such works may also contravene the fire safety requirements, if the open
kitchen so converted is located near the main exit of the flat
concerned, and pose safety risks to the occupants of the premises and
other occupants of the same building. |
| |
|
4. |
Does removal of partition walls other than the enclosing walls of a kitchen contravene the Buildings Ordinance? |
| |
Removal
of partition walls in domestic premises should comply with the building
standards stipulated in the building regulations including not
involving the structure of the building. |
| |
|
5. |
Does erection of partition walls contravene the Buildings Ordinance? |
|
Erection
of partition walls in domestic premises should comply with the building
standards stipulated in the building regulations including not causing
overloading to the building and not affecting the means of escape in
case of fire. |
| |
|
6. |
Does erection of roof structures including trellis contravene the Buildings Ordinance? |
|
Erection
of roof structures including trellis should comply with the building
standards stipulated in the building regulations including not causing
overloading to the building and not affecting the means of escape in
case of fire.. If the roof has been designed as a fire refuge area,
such structures should also not contravene the fire safety requirements
and pose safety risks to the occupants of the same building.
Furthermore,
owners and occupants are also advised to observe other requirements such
as the Deed of Mutual Covenant of the building prior to the carrying
out of A&A works in their premises. If the works to be carried out
involve the common part of a building, it is advisable that agreement
from the Owners’ Corporation, Mutual Aid Committee or the management
companies as appropriate be sought prior to the carrying out of such
works. | |
