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According to the provisions of the Buildings Ordinance (BO), for alteration and addition works carried out inside a unit of a private building, if structure of the building is involved, e.g. removal of a structural wall, beam or column, the owner is required to appoint an authorized person (AP) and a registered structural engineer for advice on the feasibility of the works to be carried out and to submit building plans to the Buildings Department (BD). The works should be carried out by a registered contractor after obtaining approval and consent from BD.
If the works concerned are minor works designated under the Building (Minor Works) Regulation, e.g. erection of non-load bearing brick walls, erection and alteration of supporting frames for air-conditioning unit and drying rack projecting from external walls, BD should be notified before the commencement and/or after the completion of the works in accordance with the simplified requirements of the Minor Works Control System, and there is no need to seek prior approval and consent from BD. Depending on the nature, scale, complexity of the works and risk to safety posed by the works, prescribed building professionals and/or prescribed contractors should be appointed to carry out the works.
Household renovation and simple works carried out in a domestic flat, e.g. plastering, laying tiles, repair or replacement of sanitary fitments, are exempted building works under the BO, which can be carried out without obtaining prior approval and consent from BD or appointing registered building professionals or registered contractors. However, such works are still required to comply with the relevant building regulations, including standards of fire safety, structural safety, drainage works, etc. Prior to the commencement of building works, owners should seek advice from building professionals, registered contractors, and, if necessary, AP, to ensure compliance with the BO.
According to the BO, it is a serious offence to carry out any building works without prior approval. Any person, if convicted, is liable to a maximum fine of $400,000 and two years' imprisonment. Any person who carries out building works in such a manner that it causes or is likely to cause a risk of injury to any person or damage to any property shall be guilty of an offence and shall be liable on conviction to a maximum fine of $1,000,000 and imprisonment for three years.
Besides, BD will take enforcement actions against actionable unauthorised building works (UBWs) according to the prevailing enforcement policy. Removal order will be issued to the concerned owners requiring the removal of the concerned UBWs. If owners fail to comply with the order, they shall be liable on conviction to a maximum fine of $200,000 and one year's imprisonment, and a further fine of $20,000 for each day that the offence continues.
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Before carrying out interior renovation works, the owner should seek advice from building professionals on matters including the feasibility of the works to be carried out to ensure compliance with the Buildings Ordinance (BO) and its subsidiary regulations. The parties concerned may inspect the relevant approved plans and minor works records at the Building Information Centre of the Buildings Department or via the Building Records Access and Viewing Online on the Internet to grasp pertinent information of the flat, such as the structural layout, fire resisting construction of the kitchen, room layout and drainage provision.
Besides, owners and building professionals should examine the deeds of mutual covenant and other related documents to see if any restrictions are specified therein, e.g. requirement to obtain consent from the owners' corporation or property management company before carrying out certain kinds of works. Owners should note that contravention of the BO might affect the coverage of their home insurance policies, including fire insurance.
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In general, household renovation and simple works carried out in a domestic flat, e.g. plastering, laying tiles, repair or replacement of sanitary fitments, are exempted building works under the Buildings Ordinance (BO), which can be carried out without obtaining prior approval and consent from the Buildings Department (BD) or appointing registered building professionals or registered contractors. However, such works should still comply with the provisions of the BO, including standards of fire safety, structural safety, drainage works, etc..
For certain minor works, e.g. erection of non-load bearing brick walls, erection or alteration of supporting frames for air-conditioning unit and drying rack projecting from external walls, BD should be notified before the commencement of the works and/or after the completion of the works in accordance with the Minor Works Control System, and there is no need to seek prior approval and consent from BD. Depending on the nature, scale, complexity of the minor works concerned and risk to safety posed by the works, prescribed building professionals and/or prescribed registered contractors should be appointed to carry out the works.
According to the provisions of the BO, for alteration and addition works carried out in a building, if structure of the building is involved, e.g. removal or alteration of a structural wall, beam or column, the owner is required to appoint an authorized person and a registered structural engineer for advice on the feasibility of the works to be carried out and submit building plans to BD. The works should be carried out by a registered contractor after obtaining approval and consent from BD.
Hence, prior to the carrying out of renovation works to a domestic flat, owner should seek advice from a building professional to ensure compliance with the BO and its subsidiary regulations.
Besides, owners and building professionals should check the deeds of mutual covenant and other related documents to see if any restrictions are specified therein, e.g. requirement to obtain consent from the owners' corporation or property management company before carrying out certain kinds of works. Owners should note that contravention of the BO might affect the coverage of their home insurance policies, including fire insurance.
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Alteration to structural walls
According to the provisions of the Buildings Ordinance (BO), for alteration and addition works carried out in a building, if structure of the building is involved, e.g. removal or alteration of a structural wall, beam or column, the owner is required to appoint an authorized person (AP) and a registered structural engineer (RSE) for advice on the feasibility of the works and submit building plans to the Buildings Department (BD). The works should be carried out by a registered contractor after obtaining approval and consent from BD.
Alteration to non-structural walls
Building works involving the removal of non-structural walls in a domestic flat are considered as exempted building works. These works can be carried out without obtaining prior approval and consent from BD or the appointment of registered building professionals or registered contractors. However, the works are still required to comply with the provisions of the BO, including the fire safety standard.
Building works involving the erection or alteration of non-structural walls in a flat should comply with the provisions of the BO, including the standards on loading capacity and fire safety. If the works to be carried out fall within the scope of minor works, BD should be notified before the commencement of the works and/or after the completion of the works in accordance with the Minor Works Control System, and there is no need to obtain prior approval or consent from BD. Depending on the nature, scale, complexity of the minor works concerned and the risk to safety they posed, prescribed building professionals and/or prescribed registered contractors should be appointed to carry out the works.
Alteration to a kitchen
The walls enclosing the kitchen may be structural walls, and the walls and doors enclosing the kitchen may also be fire resisting. Therefore, removing the walls/doors enclosing the kitchen for an open kitchen may not only affect structural safety, but also allow a fire in the kitchen to spread outside, jeopardising the means of escape and contravening the structural safety and/or fire safety requirements. Any person who intends to convert a kitchen into an open kitchen should first check the approved plan of the flat concerned to see whether the walls and/or the door enclosing the kitchen are structural walls and whether they are fire resisting. If the kitchen is to be converted into an open kitchen, owner should first seek advice from a building professional to ensure that the alteration works comply with the provisions of the BO and relevant fire safety requirements. If the alteration involves alteration to structure of the building or affects the fire resisting construction or means of escape, owners should appoint an AP (and an RSE if the alteration involves structure of the building) under the BO. Building plans should be submitted to BD and approval and consent must be obtained before commencement of the works.
If alteration of structural walls is involved, owners should appoint an AP and a RSE for advice on the feasibility of the works to be carried out and submit building plans to BD. The works should be carried out by a registered contractor after obtaining approval and consent from BD. In general, if the walls and/or door enclosing the kitchen shown on the approved plans are fire resisting, the said walls and/or door should not be removed; if the walls and/or door enclosing the kitchen shown on the approved plans are not fire resisting, they may be removed provided that the location and size of the kitchen are not changed. If changes to the location or size of the kitchen are to be made, owner should first seek advice from a building professional on the feasibility of the works.
Alteration to toilet/bathroom
If alteration of structural walls is involved, owners should appoint an AP and a RSE for advice on the feasibility of the works to be carried out and submit building plans to BD. The works should be carried out by a registered contractor after obtaining approval and consent from BD.
According to the Building (Planning) Regulations, toilets/bathrooms should be provided with windows for natural lighting and ventilation. With the advancement of ventilation technology and the need for greater freedom in the design of buildings, BD issued a Practice Note for Authorized Persons, Registered Structural Engineers and Registered Geotechnical Engineers (PNAP) APP-98. For bathrooms and toilets in domestic buildings provided with artificial lighting, if mechanical ventilation and permanent ventilation facilities fulfilling the requirements under the said PNAP are provided, exemption from the provision of windows for natural lighting and ventilation (commonly known as “dark toilet/bathroom”) may be granted upon application. For detailed requirements on artificial lighting, mechanical ventilation and permanent ventilation facilities, please refer to the said PNAP. If the owner intends to convert a bathroom/toilet to a dark bathroom/toilet, an AP should be appointed for advice on the feasibility of the works. Building plans showing the required information should be submitted to BD together with the supporting documents for the application for exemption. The works should be carried out by a registered contractor after obtaining approval and consent from BD.
For alterations to a toilet/bathroom/kitchen and associated drainage works, BD should be notified before the commencement of the works and/or after the completion of the works, and prescribed registered contractors should be appointed to carry out the works, in accordance with the Minor Works Control System. In addition, the waterproofing layer should be properly laid to prevent nuisance arising from water seepage to the flat below.
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If combining two adjoining flats involves removal of a structural wall in between, owners should appoint an authorized person and a registered structural engineer for advice on the feasibility of the works and submit building plans to the Buildings Department (BD) for approval. The works should be carried out by a registered contractor after obtaining approval and consent from BD.
In general, combining two flats vertically involves removal of a floor slab and erection of an internal staircase. As formation of opening in a slab and erection of internal staircase are classified as Class I minor works under the Minor Works Control System (MWCS), BD should be notified before the commencement and after the completion of the works, and prescribed building professionals and prescribed registered contractors should be appointed for carrying out such works, in accordance with the requirements of the MWCS.
Combining two flats with green balconies and utility platforms may also contravene other provisions of the Buildings Ordinance (BO) and the relevant regulations, e.g. the criteria for exemption of green balconies and utility platforms from gross floor area calculations. Owners should consult an authorized person prior to commencement of the works and submit building plans for BD's approval if required. The works should be carried out by a registered contractor after obtaining approval and consent from BD.
Combining flats without green balconies and utility platforms, which involves only removal of non-structural partition walls is generally considered as exempted building works under the BO. Such works can be carried out without obtaining prior approval and consent from BD or appointment of registered building professionals or registered contractors. However, the works are still required to comply with the provisions of the BO.
Nevertheless, owners should also examine the deeds of mutual covenant and other related documents to see if any restrictions are specified therein and obtain consent from the owners' corporation, mutual aid committee or property management company (where necessary) before commencement of the works.
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According to the Buildings Ordinance (BO), if the works involve the removal or alteration of structural walls, the owner should appoint an authorized person (AP) and a registered structural engineer (RSE) for advice on the feasibility of the works to be carried out and submit building plans to the Buildings Department (BD). The works should be carried out by a registered contractor after obtaining approval and consent from BD.
Depending on the size, height and distance from the ground of the windows, the works may either be classified as minor works under the Minor Works Control System (MWCS), which requires the appointment of prescribed building professionals and/or prescribed registered contractors; or works requiring the appointment of AP and RSE under the provisions of the BO for submission of building plans to BD for obtaining prior approval and consent.
If windows are to be installed on balconies not being green balconies or verandahs, apart from following the requirements under the MWCS, natural lighting and ventilation requirements as stipulated in the Building (Planning) Regulations should also be complied with. Owners should seek advice from building professionals/registered contractors on the feasibility before commencement of the works.
For green balconies or utility platforms, under the condition imposed by section 42 of the BO, the area of such features may be exempted from gross floor areas calculations, provided that they are not enclosed. Enclosing such features above the parapets by windows, glass panels, grilles, solid walls or the like would breach the condition of the exemption and result in a contravention of the BO. Thus, green balconies or utility platforms cannot be installed with windows or enclosed.
Furthermore, owners should examine the deeds of mutual covenant and other related documents to see if any restrictions are specified therein and obtain consent from the owners' corporation, mutual aid committee or property management company (where necessary) before commencement of the works.
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Generally speaking, placing of furniture on the roof or flat roof of a building is not subject to the control under the Buildings Ordinance.
For certain minor works such as erection of green and amenity features or other structures on the roof or flat roof, e.g. solid fence walls, mesh fences, metal railings, planters, trellis, structures of building services installation (e.g. photovoltaic system) and signboards, prescribed building professionals and/or prescribed registered contractors should be appointed to carry out such works, and the Buildings Department (BD) should be notified before the commencement and/or after the completion of works according to the relevant class of minor works under the Minor Work Control System (MWCS), and there is no need to seek prior approval or consent from BD. The building standards prescribed under various building regulations should be complied with, including that the structure should not cause overloading to the building and not affect the means of escape in case of fire. If the roof is designed for use as a refuge area, the works should not contravene the fire safety requirements. Owners should seek advice from building professionals/registered contractors on the feasibility before commencement of the works.
Besides, if owners intend to erect glass houses or structures, mobile houses or storage cabinets exceeding 3m3 in volume or 2m in height, or building works other than minor works on the roof or flat roof, owners should appoint an authorized person for advice on the feasibility of such works, and submit building plans to BD. The works should be carried out by a registered contractor after obtaining approval and consent from BD. Please take note that erection of glass houses or such mobile houses or storage cabinets are not minor works and cannot be carried out under the simplified requirements of the Minor Works Control System.
For erecting prefabricated cabinet not exceeding 3m3 in volume and 2m in height on the roof or flat roof, owners should ensure its stability and observe the following requirements:
- the cabinet does not adversely affect the structure of the building;
- the fire escape route or refuge area of the building is not obstructed; and
- the drainage system of the building is not adversely affected.
In addition, owners should examine the deeds of mutual covenant and other related documents to see if any restrictions are specified therein and obtain consent from the owners' corporation, mutual aid committee or property management company (where necessary) before commencement of the works.
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Generally speaking, as long as the works do not involve the structure of the building, the replacement or the relocation of a door (except those involving a staircase and its protected lobby) or the addition of a metal gate outside the entrance are considered as exempted building works under the Buildings Ordinance, which can be carried out without to the need to seek prior approval from the Buildings Department. However, such works are still required to comply with the building standards stipulated in various building regulations, e.g. the entrance door should meet the fire resisting period requirements specified on the approved plans. The relocated or newly added fire rated door or metal gate should not obstruct the entrance/exit of the adjacent flat or the means of escape of the building. If there are two entrances/exits in a flat, both entrances/exits should comply with the aforesaid requirements and neither should be blocked, in order to meet the means of escape requirements.
In addition, since the alteration to the entrance door of a flat may involve the common parts of a building, owners should examine the deeds of mutual covenant and other related documents to see if any restrictions are specified therein and obtain consent from the owners' corporation, mutual aid committee or property management company (where necessary) before commencement of the alteration works.
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Any person who wish to erect a cockloft inside a domestic flat should first seek the opinions of a building professional. He should appoint an authorized person and a registered structural engineer for advice on the feasibility of such works and submit building plans to the Buildings Department (BD). The works should be carried out by a registered contractor after obtaining approval and consent from BD. BD will check the planning, design and construction of the building works shown on the plans against the requirements under the Building Ordinance (BO) and its subsidiary regulations to ensure compliance with relevant requirements. The fundamental items under BD's scrutiny are development parameters, structural safety, fire safety, health and environment, and other requirements under the allied legislations. BD will refer the plans to other relevant government departments for comments with regard to matters under their purview. If the plans do not meet the relevant requirements, approval will not be granted. Generally speaking, placing furniture assembly in a flat is not subject to control under the BO.
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Registers of authorized persons, registered structural engineers, registered contractors, prescribed building professionals and prescribed contractors are available on BD website.
For further information about prescribed building professionals and prescribed contractors, please refer to the related website.
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The Hong Kong Institute of Architects, the Structural Division of the Hong Kong Institution of Engineers and the Hong Kong Institute of Surveyors have updated their lists of members/companies for professional services relating to alteration and addition works on their websites. Members of the public who suspect that the structural elements of their residential flats have been illegally altered or intend to carry out alteration and addition works may seek professional advice by engaging the professionals from the relevant lists.
For details please refer to their websites:
