Development Control:

Building Ordinance
Planning Practice, Law and Ethics
In Hong Kong

1
2
Control by Building Authority
• Chapter 123 – Buildings Ordinance
• Chapter 123 – Building Regulations
• Building (Administration) Regulations
• Building (Planning) Regulations

3
 Buildings Ordinance (Cap 123)
• To provide for the planning, design and
construction of buildings and associated
works;
• To make provision for the rendering safe
of dangerous buildings and land; and,
• To make provision for matters connected
therewith.
 Buildings Ordinance (Cap 123)
Control on
• Planning/development parameters
• Design aspects (lanes, space from other
buildings, lighting and ventilation, prescribed
windows, etc.)
• Fire safety (fire escape, fire fighting installations)
• Access (vehicular, pedestrian, emergency,
disabled)
• Car parking
Approval and Consent [BO s16(1)]
The Building Authority may refuse to give his approval of any
plans of building works where-

(d) The building works would contravene the provisions of this

Ordinance or of any other enactment, or would contravene
any approved or draft plan prepared under the Town Planning
Ordinance (Cap 131)

(da) The building works are within a comprehensive development

area of an approved or draft plan prepared under the Town
Planning Ordinance (Cap 131) and the works contravene a
master layout plan approved by the TPB

(g) The building works shown would result in a building differing

in height, design, type or intended use from buildings in the
immediate neighbourhood or previously existing on the same
site

6
S.16(7) Town Planning Ordinance
“For the purposes of section 16(1)(d) ..of
the Buildings Ordinance (Cap 123),
anything permitted by the Board under this
section shall not be a contravention of any
approved plan or draft plan prepared
under this Ordinance”
Control by Building Authority
• Code of Practices (COP)
• COP for Provision of Means of Escape in Case
of Fire
• COP for Means of Access for Firefighting and
Rescue
• COP for Fire Resisting Construction
• Design Manual of Barrier Free Access

• Practice Notes for Authorized Persons and

Registered Structural Engineers (PNAP)
8
Control of Building Development at
Various Stages

• Submission of the building works by

Authorized Person (AP) (Approval and
Consent)
• During the building works
• Upon completion of the building works
(Issue of Occupation Permit (OP))
• After completion of the building
(for Existing buildings)
9
10
DENSITY CONTROL

1955
relaxation of building
volume control-PR of
18 to 20

1962
Current B(P)R
enacted
11
 Development Parameters
• Building height, plot ratio, and site
coverage
• Measure of development intensity and the
related human activities

• Measure of the massing/bulk of

development affects light, air and view
First Schedule B(P)R
Height of building Domestic buildings Non-domestic buildings
in metres Percentage site Plot ratio Percentage site Plot ratio
coverage coverage
Class Class Class Class Class Class Class Class Class Class Class Class
A B C A B C A B C A B C
site site site site site site site site site site site site
Not exceeding 15 m 66.6 75 80 3.3 3.75 4.0 100 100 100 5 5 5

Over 15 m but not 60 67 72 3.6 4.0 4.3 97.5 97.5 97.5 5.8 5.8 5.8
exceeding 18 m
Over 18 m but not 56 62 67 3.9 4.3 4.7 95 95 95 6.7 6.7 6.7
exceeding 21 m
Over 21 m but not 52 58 63 4.2 4.6 5.0 92 92 92 7.4 7.4 7.4
exceeding 24 m
Over 24 m but not 49 55 59 4.4 4.9 5.3 89 90 90 8.0 8.1 8.1
exceeding 27 m
Over 27 m but not 46 52 55 4.6 5.2 5.5 85 87 88 8.5 8.7 8.8
exceeding 30 m
Over 30 m but not 42 47.5 50 5.0 5.7 6.0 80 82.5 85 9.5 9.9 10.2
exceeding 36 m
Over 36 m but not 39 44 47 5.4 6.1 6.5 75 77.5 80 10.5 10.8 11.2
exceeding 43 m
Over 43 m but not 37 41 44 5.9 6.5 7.0 69 72.5 75 11.0 11.6 12.0
exceeding 49 m
Over 49 m but not 35 39 42 6.3 7.0 7.5 64 67.5 70 11.5 12.1 12.6
exceeding 55 m
Over 55 m but not 34 38 41 6.8 7.6 8.0 60 62.5 65 12.2 12.5 13.0
exceeding 61 m
Over 61 m 33.33 37.5 40 8.0 9.0 10.0 60 62.5 65 15 15 15
13
 Classification of Site
Class A Site B(P)R s2(1)
• Means a site, not being a class B site or class C site, that abuts
on one street not less than 4.5m wide or on more than one such
street.
Class B Site B(P)R s2(2)(a)
• Means a corner site that abuts on 2 streets neither of which is
less than 4.5m wide.
• A corner site shall not be regarded as abutting on 2 streets
unless at least 40% of the boundary of the site abuts on the
streets.
Class C Site B(P)R s2(2)(b)
• Means a corner site that abuts on 3 streets none of which is less
than 4.5m wide.
• A corner site shall not be regarded as abutting on 3 streets
unless at least 60% of the boundary of the site abuts on the
streets.
14
Site C
Classification

B A

15
Development Parameters Relationship

Gross Floor Area (GFA) =

Site area x Plot Ratio (PR)
PR = Total GFA ÷ Site area
Site Coverage (SC) =
(GFA per floor ÷ Site Area) X 100%
Building Height (# storeys) =
Total GFA ÷ GFA per floor**
(**Site area x SC)

16
 Height of Building (B(P)R 23(1))
The height of a building shall be measured from-
the mean level of the street or streets on which it
fronts or abuts being a street or streets not less
than 4.5m wide, or where the building abuts on
streets not less than 4.5m wide having different
levels, from the mean level of the lower or lowest
of such streets, to the mean height of the roof
over the highest usable floor space in the
building.

(usually expressed in metres, # storeys or mPD)

17
 PERMITTED SITE COVERAGE (B(P)R s20)

The site coverage of a building can be considered as the shadow cast on a site with the
sun directly overhead. Therefore, according to this principle, all projections, bay
window, etc. are included but light well is excluded.

The “percentage site coverage” can be defined by a simple formula as:

Area of the site covered by the building(s) x 100%

Area of the site

Depending on the height of the building and class of site, the site coverage for a
domestic or non-domestic building cannot exceed the percentage site coverage as
specified in the respective columns of the First Schedule of the B(P)R.

The site coverage for a non-domestic building, or for the non-domestic part of a
composite building, on a class A, B or C site may, whatever the height of the building,
exceed the permitted percentage site coverage to a height not exceeding 15m above
ground level.
 PERMITTED PLOT RATIO (B(P)R s21)

The plot ratio of the building shall be obtained by dividing the gross floor area of
the building by the area of the site on which the building is erected

Plot Ratio = Gross Floor Area (GFA) of the building

Area of the Site

Gross Floor Area = Area of the site x Plot Ratio

 PLOT RATIO & SITE COVERAGE
General Provisions (B(P)R s19)

Where a site abuts on a street not less than 4.5m wide or on

more than one such street the maximum site coverage
permitted in respect of a building or buildings to be erected
thereon shall be determined in accordance with Regulation 20
and the permitted plot ratio of such building or buildings shall be
determined in accordance with Regulation 21.

Where a site abuts on a street less than 4.5m wide or does not
abut on a street, the height of any building or buildings to be
erected thereon and the maximum site coverage and plot ratio
to be permitted in respect of such building or buildings shall be
determined by the Building Authority.

20
 GROSS FLOOR AREA & SITE AREA

GROSS FLOOR AREA is the

area contained within the external walls of the building measured at each
floor level (including any floor below the level of the ground), together with the
area of each balcony in the building, which shall be calculated from the overall
dimensions of the balcony (including the thickness of the sides thereof), and the
thickness of the external walls of the building.

In determining the gross floor area for the purposes of regulations 20, 21 and 22,
the Building Authority may disregard any floor space that he is satisfied is
constructed or intended to be used solely for parking motor vehicles, loading or
unloading of motor vehicles or occupied solely by machinery or equipment for
any lift, air-conditioning or heating system or any similar service.

In determining for the purposes of regulation 20, 21 or 22 the area of the site on
which a building is erected –
No account shall be taken of any part of any street or service lane; and
There shall be included any area dedicated to the public for the purposes of
passage.
 Plot Ratio Calculation for Composite Building
The Plot Ratio for the domestic part of a composite building shall not exceed the product
of the difference between the permitted plot ratio for the building if it were a non-
domestic building and the actual plot ratio of the non-domestic part of the building and the
permitted plot ratio for the building if it were a domestic building divided by the permitted plot
ratio for the building if it were a non-domestic building.

The remaining plot ratio for the domestic part of a composite building can be calculated by:

PRad < (PRn – PRan) x PRd

PRn

Where PRad Actual plot ratio for the Domestic Part of a

composite building
PRn Plot ratio permitted in a wholly non-domestic
building
PRd Plot ratio permitted in wholly domestic building
PRan Actual plot ratio for the non-domestic part of a
composite building
Chapter 2 HKPSG Administrative Density Control

23
Source: HKPSG, Chapter 2
Maximum Plot Ratio-Metropolitan Area

Tai Koo Shing (PR 6.5)

Aberdeen Centre (PR 8.0)

24
Source: HKPSG, Chapter 2
Maximum Plot Ratio-New Towns
Except Tsuen Wan

Residential density Maximum domestic

zone plot ratio
R1 8 (i) (ii) (iii)
R2 5
R3 3.6
R4 (iv) 0.8

Source: HKPSG, Chapter 2

25
 26
Source: HKPSG, Chapter 2
GFA Concessions

27
 Bonus GFA
S.22 Building (Planning) Regulations:
• Dedication of set back area for public passage or
surrender of land for road widening at Ground level
o Bonus GFA of up to 5 times the area
dedicated/surrendered or less than 20% of the
permissible PR, which ever is the less
• Dedication of area within or through a building
for public passage
o Bonus GFA up to 5 times the dedicated area at
ground level and 2 times at other levels, but not
exceeding 20% of the permissible plot ratio
• Bonus GFA granted is at the discretion of
the BA

28
 Disregarded GFA
S.23(3) (b) and 23A(3) Building (Planning)
Regulations
Floor area may be disregarded if solely used for
• Parking and loading/unloading of motor
vehicles,
• refuse storage chambers, material recovery
chambers,
• access facilities for telecommunications and
broadcasting services,
• back of house facilities in hotels
• other supporting facilities as may be
approved.
29
 Exempted GFA
S.42(1) Building Ordinance BA can make
• Exemption of up to 5% of the domestic GFA for amenity
features that help improve the standard and quality of a
building or development by:
– Encouraging effective building management eg
mailroom, counters, kiosks, stores and guard rooms
– Enhancing the quality of life for residents and users eg.
recreational facilities for residents and occupiers such
as podium roof gardens and play areas, squash courts,
indoor swimming pools and function rooms
– Discouraging unauthorized building works eg. space
and mounting space for air conditioning, satellite
dishes, security gates, clothes drying racks and anti-
burglar bars
– Improving environmental compatibility with the
neighbourhood eg. prestige entrances, horizontal
screens (to protect against weather and falling objects),
and projections (eg. thicker walls) that improve energy
efficiency 30
 Joint Practice Notes 1 & 2–
Green & Innovative Buildings
• Jointly issued by Buildings Department, Lands
Department & Planning Department
• To encourage the design and construction of
buildings that maximize the use of green
building material, minimize the consumption of
energy and reducing waste.
• Allowing certain green features to be excluded
from GFA and/or SC calculations

31
 Green Features
• Balconies for residential
buildings
• Utility Platform
• Communal Sky Gardens
• Acoustic fins etc.
• Wider corridors and lift
lobbies for residential
buildings

• Mail Delivery Rooms and

Mail boxes for residential
buildings

The accumulative GFA exemption

of all the green features,
excluding sky garden and podium
gardens, should not exceed 8%
of the total permitted GFA for the
development 32
 Unexpected outcome ??
Development Intensification

33
 Intensification of Development

Development Potential/Development Intensity

Increase in Gross Floor Areas Increase in Building Height & Bulk

Gross Floor Area = Minimum /no building height

Site Area x Plot Ratio limit

Gross Floor Area Lifting of Airport Height

concessions Restrictions (AHR)

Replacement of streets by
podium
Site Area Definition

Source: HKPSG Chapter 2

35
36
K11 Tsim Sha Tsui, Kowloon

Source: Lai, 2010 & URA 37

Langham Place, Mong Kok

Source: Lai, 2010 & URA 38

Comparison of
Figure Ground
40
41
42
43
44
 The Cliveden, Tsuen Wan
Actual PR (6.5) = 115% Permitted PR (3.0)

45
The Grand Promenade
 The Grand Promenade
• From about 1,000 units to 2,000 units
• From 85,720 sm to 135,451 sm
• From PR 7.0 to PR 11.1
 Lease Conditions

• Control Drawing
on Ground Floor
• Silent on
maximum GFA
 Increase in GFA

• Site Classification
• Granting of Exemption Area – Public
Transport Terminus excluded from GFA
calculation (7,297sm)
• Granting of Bonus Areas – dedication for
public use (2,164sm x 5 = 10,700sm)
51
 52
Source: Development Bureau, 2011
53
54
GFA Concessions and Other Measures
 To maintain status quo for GFA concessions for mandatory
features (e.g.fire refuge floors, refuse storage and material
recovery chambers, etc)
 Green and amenity features
Beneficial to residents only : to impose overall cap on GFA
concessions
Beneficial to community or environmentally friendly :not
subject to overall cap on GFA concessions but to impose other
controls
 To tighten up GFA concessions for car parks
 To tighten up design specification for bay windows

Overall cap on GFA concessions : 10%

 for available green and amenity features except those beneficial to
community or environmentally friendly
 applicable to residential and commercial buildings

55
 GFA Concessions
 Prerequisites :
 Compliance with SBD guidelines
 Submission of “BEAM Plus Assessment conferred by the Hong
Kong Green Building Council (HKGBC)” and energy efficiency
data
Building Design to Foster a Quality and Sustainable Built Environment
BD Practice Notes APP2, APP151 and APP152

56
 Concessions for Carpark
• Underground : 100% concession
• Above ground : 50% concession (unless
technically infeasible to be constructed
underground)
• Prerequisites for concessions:
• electric-vehicle charging-enabling
• Subject to review of car parking space
requirement in private residential developments,
and revised HKPSG standards
• Transport Department’s scrutiny of car parking
spaces in building plans 57
 Conclusions
• Discrepancies amongst the three development controls
had been minimized through JPN4 (Development
Control Parameters), clearer OZP and lease provisions

Source: JPN4

58
 Conclusions
• Buildings Ordinance (BO) is still important and
necessary for planning enforcement in urban areas/new
towns
• BO’s primary concern is building safety, site specific and
physical aspects of development, not effective in
meeting certain planning objectives
• Planning control (OZP) required to impose more
stringent control than BO permitted development (First
Schedule B(P)R) eg. planning intention, infrastructure,
amenities, urban design, visual impacts etc.

59