(Cap 123, section 38) [1 June 1956] (G.N.A. 37 of 1956) Cap 123F reg 1 Citation PART I GENERAL These regulations may be cited as the Building (Planning) Regulations. Cap 123F reg 2 Interpretation (1) In these regulations, unless the context otherwise requires, words and expression have the meaning attributed to them by the Buildings Ordinance (Cap 123), and- "access facilities" (接达设施) means facilities for access of telecommunications and broadcasting services, including a room, duct or riser used for the installation of cables, wires and other ancillary equipment for telecommunications and broadcasting purposes; (39 of 2000 s. 7) "balcony" (露台) means any structure projecting from any wall of any building to carry a floor or roof load either cantilevered or supported by brackets; "broadcasting" (广播) means transmission of sound or television programmes by satellite or terrestrial telecommunications intended for general reception; (39 of 2000 s. 7) "canopy" (檐篷) means any structure which projects more than 500 mm from any wall of any building and at a height of not more than 7.5 m above the level of the ground to provide protection from rain or sun, not carrying any floor load, either cantilevered or supported by brackets; (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 79 of 1992) "cinema" (电影院) means any building or part of a building which is designed for, and contains facilities (including a projection room) and projection or other apparatus or equipment for use in connection with or otherwise for the purposes of cinematographic displays; (L.N. 194 of 1996) "class A site" (甲类地盘) means a site, not being a class B site or class C site, that abuts on one street not less than 4.5 m wide or on more than one such street; (L.N. 249 of 1979) "class B site" (乙类地盘) means a corner site that abuts on 2 streets neither of which is less than 4.5 m wide; (L.N. 249 of 1979) "class C site" (丙类地盘) means a corner site that abuts on 3 streets none of which is less than 4.5 m wide; (L.N. 249 of 1979) "commercial building" (商业建筑物) has the same meaning assigned to it in section 2 of the Building (Energy Efficiency) Regulation (Cap 123 sub. leg.); (39 of 2000 s. 7) "detached building" (独立建筑物) means any building which is not connected to any other building and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976)"disability" (残疾), in relation to a person, means impairment in vision, hearing or locomotion because of injury, disease or congenital deformity; (L.N. 239 of 1997) "external wall" (外墙) means an outer wall of a building not being a party wall, even though adjoining a wall of another building; "factory" (工厂) means any building or place in which any machinery, other than machinery worked entirely by hand, is used in aid of any industrial undertaking carried on in such building or place; "floor" (楼面) means any structure forming the base of any storey and every joist, board, timber, brick, concrete or other substance connected with and forming part of such structure; "hotel building" (旅馆建筑物) means a building which is constructed or intended to be used as a hotel; (39 of 2000 s. 7) "industrial building" (工业建筑物) has the same meaning assigned to it in regulation 2 of the Building (Refuse Storage and Material Recovery Chambers and Refuse Chutes) Regulations (Cap 123 sub. leg.); (39 of 2000 s. 7) "latrine" (厕所) means a privy, commode or earth closet but does not include a water closet or a water flushed urinal; "open air" (露天地方) means a space which- (a) is vertically uncovered and unobstructed; (b) is not less, in any horizontal dimension, than 1.5 m; and (c) where such space is enclosed on 4 sides, has a horizontal area of not less than 1 m2 for every 6 m of the mean height of the walls enclosing the space; (G.N.A. 83 of 1959; L.N. 294 of 1976) "Ordinance" (本条例) means the Buildings Ordinance (Cap 123); "permitted plot ratio" (准许地积比率) means the maximum plot ratio permitted under paragraph (1) or (2), as the case may be, of regulation 21; (G.N.A. 97 of 1962) "prescribed" (订明) means prescribed by or under the Ordinance; (G.N.A. 83 of 1959) "residential building" (住宅建筑物) has the same meaning assigned to it in regulation 3 of the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg.); (39 of 2000 s. 7) "road" (道路) means a street not including any footpath; "room" (房间) means any portion of a building which has been subdivided by the erection of partition walls from floor to ceiling; "semi-detached building" (半独立建筑物) means any one of a pair of buildings connected to each other by a party wall and has a clear and unobstructed open space- (a) extending the entire depth of the building of not less than 2.3 m measured at right angles to the external surface of the building; (L.N. 294 of 1976) (b) in the rear of the building of a depth of 2.3 m measured at right angles to the external surface of the building and extending for the full width of the site; (L.N. 294 of 1976)"site coverage" (上盖面积) means the area of the site that is covered by the building that is erected thereon and, when used in relation to a part of a composite building, means the area of the site on which the building is erected that is covered by that part of the building; (G.N.A. 97 of 1962) "storey" (楼层) means the space between the upper surface of every floor and the upper surface of the floor next above it where such a floor exists and in the case of a top storey the space between the upper surface of that floor and the mean height of the ceiling or roof; "street" (街道) includes any footpath and private and public street; "telecommunications" (电讯) has the meaning assigned to it in section 2 of the Telecommunications Ordinance (Cap 106); (39 of 2000 s. 7) "usable floor space" (实用楼面空间) means any floor space other than staircases, staircase halls, lift landings, the space used in providing water-closet fitments, urinals and lavatory basins and the space occupied by machinery for any lift, air-conditioning system or similar service; (G.N.A. 97 of 1962) "verandah" (外廊) means any structure projecting from any wall of any building and supported by piers or columns. (L.N. 194 of 1996; L.N. 239 of 1997)(2) For the purposes of these regulations- (a) a corner site shall not be regarded as abutting on 2 streets unless at least 40 per centum of the boundary of the site abuts on the streets; and (b) a corner site shall not be regarded as abutting on 3 streets unless at least 60 per centum of the boundary of the site abuts on the streets. (G.N.A. 97 of 1962) (73 of 1983 s. 3) Cap 123F reg 3 Protection of balconies and verandahs (1)-(2) (Repealed L.N. 439 of 1990) (3) Every balcony projected from an upper storey of a building shall have a clear height, upwards from the floor of such balcony, of not less than the clear height of the storey from which it projects. ( L.N. 406 of 1987; L.N. 35 of 1988) Cap 123F reg 3A Protection of openings (1) Every opening placed on an external wall above the ground floor of any building shall be protected by a barrier which shall be not less than 1100 mm high and the lowermost 150 mm of such barrier shall be built solid. (2) A barrier provided under paragraph (1) shall be so designed as to minimize the risk of persons or objects falling, rolling, sliding or slipping through gaps in the barrier, or persons climbing over the barrier. (L.N. 406 of 1987) Cap 123F reg 4 Buildings not to obstruct, endanger or cause nuisances No building or fixture thereon shall be so constructed that it- (a) (i) obstructs; or (ii) endangers the users of any adjacent footpath or street; or(b) creates any nuisance; or (c) permits the escape into or over any adjacent footpath or street at a height of less than 2.5 m of any noxious gases or exhaust from any ventilating system. (L.N. 294 of 1976) Cap 123F reg 5 Access to buildings and provision of access lanes, etc., on site of new building (1) Every building shall be provided with means of obtaining access thereto from a street. (2) The Building Authority may require the provision of an access lane or access road within the site of any new building. (G.N.A. 83 of 1959) Cap 123F reg 6 Building Authority to determine width of road or street Where for the purposes of these regulations it is necessary to determine the width of any road or street, the same shall be determined by the Building Authority. Cap 123F reg 7 Eaves, cornices, mouldings, etc. PART II PROJECTIONS (1) No eaves, cornices, mouldings or other architectural projections shall project over a street more than 500 mm or at a height of less than 2.5 m above the level of the ground. (2) No pipes (including water-pipes and drain-pipes) or gutters, or the appurtenances of such pipes or gutters shall project over a street more than 300 mm or at a height of less than 2.5 m above the level of the ground. (L.N. 79 of 1992) Cap 123F reg 8 (Repealed L.N. 79 of 1992) Cap 123F reg 9 (Repealed L.N. 79 of 1992) Cap 123F reg 10 Balconies and canopies over streets (1) Every canopy erected within 600 mm of the outer edge of a footpath, or projecting over a road, shall have a clear space of not less than 5.5 m beneath every part thereof. (2) Every canopy erected over a footpath shall have a clear space of not less than 3.3 m beneath every part thereof. (3) Every canopy shall be provided with adequate surface water drainage. (L.N. 79 of 1992) (4) The maximum projection of any canopy (including cornices, mouldings or other features) erected over any street shall be- (a) one-tenth of the width of the street; or (b) 3 m,whichever is the less: Provided that no portion of any such canopy shall be within 4.5 m, measured horizontally, of a line drawn vertically from a point in the centre line of the street nearest to such portion of the canopy. (L.N. 33 of 1966) (5) (Repealed L.N. 79 of 1992) (L.N. 54 of 1969; L.N 294 of 1976; L.N. 79 of 1992) Cap 123F reg 11 (Repealed L.N. 79 of 1992) Cap 123F reg 12 No doorways on to canopy No doorway giving direct access to the top of any canopy shall be made in the external wall of any building. Cap 123F reg 13 Use of verandahs or balconies Where any verandah or balcony has been built over or upon any street no such verandah or balcony shall be used or adapted to be used as a factory, workshop, storeroom, kitchen, lavatory, bathroom, water-closet, urinal or latrine. (L.N. 79 of 1992) Cap 123F reg 14 (Repealed L.N.57 of 1965) Cap 123F reg 15 Doors, etc. not to open over streets (1) Subject to paragraph (2), no door, gate, window or shutter opening on or over any street shall be so hung or placed as to project over such street at a height of less than 2.5 m above the ground. (2) Emergency exit doors, electrical transformer room doors, plant room doors, refuse storage chamber doors and doors leading to similar types of utility rooms or chambers may open outwards over such a street if such doors when fully opened do not cause an obstruction to any person or vehicle using the street. (L.N. 79 of 1992) Cap 123F reg 16 (Repealed L.N. 406 of 1987) PART III HEIGHTS, SITE COVERAGE, PLOT RATIO, OPEN SPACES AND LANES (L.N. 54 of 1969) Cap 123F reg 17 (Repealed L.N. 54 of 1969) Cap 123F reg 18 (Repealed L.N. 54 of 1969) Cap 123F reg 19 General provisions concerning site coverage and plot ratio (1) Where a site abuts on a street not less than 4.5 m 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. (2) Where a site abuts on a street less than 4.5 m 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. (L.N. 406 of 1987) Cap 123F reg 19A (Repealed L.N. 406 of 1987) Cap 123F reg 20 Permitted site coverage (1) Subject to regulation 22 and depending on the height of the building- (78 of 1970; L.N. 406 of 1987) (a) the site coverage for a domestic building, or for the domestic part of a composite building, on a class A site shall not exceed that percentage of the area of the site specified in the second column of the First Schedule; (b) the site coverage for a domestic building, or for the domestic part of a composite building, on a class B site shall not exceed that percentage of the area of the site specified in the third column of the First Schedule; and (c) the site coverage for a domestic building, or for the domestic part of a composite building, on a class C site shall not exceed that percentage of the area of the site specified in the fourth column of the First Schedule.(2) Subject to regulation 22 and paragraph (3) and depending on the height of the building- (L.N. 78 of 1970; L.N. 406 of 1987) (a) the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class A site shall not exceed that percentage of the area of the site specified in the eighth column of the First Schedule; (b) the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class B site shall not exceed that percentage of the area of the site specified in the ninth column of the First Schedule; and (c) the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class C site shall not exceed that percentage of the area of the site specified in the tenth column of the First Schedule.(3) Subject to the provisions of paragraph (4), 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 15 m above ground level. (L.N. 294 of 1976) (4) For the avoidance of doubt, it is hereby declared that, where pursuant to paragraph (3) the permitted percentage site coverage is exceeded- (a) above the level to which the permitted percentage site coverage is exceeded, the site coverage for the building or any part thereof shall not, subject to regulation 22, exceed the site coverage permitted under paragraph (1) or (2), as the case may be; and (L.N. 406 of 1987) (b) the plot ratio for the whole building shall not, subject to regulation 22, exceed the permitted plot ratio. (L.N. 406 of 1987)(5) In this regulation, the expression "permitted percentage site coverage" (准许上盖面积百分率) means the maximum site coverage permitted under paragraph (2). (G.N.A. 97 of 1962) Cap 123F reg 21 Permitted plot ratio (1) Subject to regulation 22 and depending on the height of the building- (L.N. 78 of 1970; L.N. 406 of 1987) (a) the plot ratio for a domestic building on a class A site shall not exceed the plot ratio specified in the fifth column of the First Schedule; (b) the plot ratio for a domestic building on a class B site shall not exceed the plot ratio specified in the sixth column of the First Schedule; (c) the plot ratio for a domestic building on a class C site shall not exceed the plot ratio specified in the seventh column of the First Schedule; (d) the plot ratio for a non-domestic building on a class A site shall not exceed the plot ratio specified in the eleventh column of the First Schedule; (e) the plot ratio for a non-domestic building on a class B site shall not exceed the plot ratio specified in the twelfth column of the First Schedule; and (f) the plot ratio for a non-domestic building on a class C site shall not exceed the plot ratio specified in the thirteenth column of the First Schedule.(2) Subject to regulation 22, 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. (L.N. 78 of 1970; L.N. 406 of 1987) (3) For the purposes of this regulation and of regulations 19, 20 and 22, the plot ratio of a 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. (G.N.A. 97 of 1962) Cap 123F reg 22 Permitted site coverage and plot ratio may be exceeded in certain cases Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 27 (1) Where, between ground level and a height of not less than 5.5 m or, where the Building Authority is satisfied that there will be no obstruction to vehicular traffic using the street, 3.3 m above ground level, a building on a class A, B or C site is set back from a boundary of the lot on which it is erected, being a boundary that abuts on a street, and, with the consent of the Government, the part of the lot that is thereby not built upon is dedicated to the public for the purposes of passage- (L.N. 406 of 1987; L.N. 57 of 1988) (a) the site coverage for the building or for any one part of the building may exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1 500 and the area of the lot so dedicated to the public by the product of the area of the site and the height of the building; and (b) the plot ratio for the building or, if the building is a composite building, for the domestic part of the building may exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the lot so dedicated to the public by the area of the site on which the building is erected, whichever is the less. (L.N. 294 of 1976)(2) Where part of a lot, being a part that abuts on a street, is acquired by the Government, either by agreement or by resumption under the Lands Resumption Ordinance (Cap 124), for the purpose of street widening, the Building Authority may permit- (a) the site coverage for a building erected on that lot, being a class A, B or C site, or for any one part of the building to exceed the permitted percentage site coverage, so, however, that the site coverage therefor does not exceed that percentage of the area of the site equal to the sum of the permitted percentage site coverage for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 1500 and the area of the part of the lot so acquired by the Government by the product of the area of the site and the height of the building; and (L.N. 294 of 1976) (b) the permitted plot ratio for the building or, if the building is a composite building, for the domestic part of the building to exceed the permitted plot ratio, so, however, that the plot ratio therefor is not greater than the permitted plot ratio for the building or for that part of the building, as the case may be, by more than 20 per centum or does not exceed the sum of the permitted plot ratio for the building or for that part of the building, as the case may be, and the figure obtained by dividing the product of 5 and the area of the part of the lot so acquired by the Government by the area of the site on which the building is erected, whichever is the less. (29 of 1998 s. 27)(3) For the avoidance of doubt, it is hereby declared that- (a) where under paragraph (1) or (2) the permitted percentage site coverage is exceeded in relation to a part of a building, the site coverage for any other part of the building shall not exceed the permitted percentage site coverage; (b) nothing in this regulation shall be taken or construed as derogating from the provisions of regulation 25 as to the amount of open space to be provided about a domestic building.(4) In this regulation, the expression "permitted percentage site coverage" (准许上盖面积百分率) means the maximum site coverage permitted under paragraph (1) or (2), as the case may be, of regulation 20. (G.N.A. 97 of 1962) Cap 123F reg 23 Provisions supplementary to regulations 19, 20, 21 and 22 (1) For the purposes of regulations 20, 21 and 22, 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 4.5 m wide, or where the building abuts on streets not less than 4.5 m 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. (L.N. 406 of 1987) (2) In determining for the purposes of regulation 20, 21 or 22 the area of the site on which a building is erected- (a) no account shall be taken of any part of any street or service lane; and (b) there shall be included any area dedicated to the public for the purposes of passage.(3) (a) Subject to sub-paragraph (b), for the purposes of regulations 19, 20, 21 and 22, the gross floor area of a building shall be 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. (b) 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 for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, refuse hopper rooms and other types of facilities provided to facilitate the separation of refuse to the satisfaction of the Building Authority, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. (L.N. 406 of 1987; 39 of 2000 s. 7)(4) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may treat as a non-domestic building a composite building in which the only domestic part of the building is a place of residence, not having more than 50 m2 of usable floor space, for a caretaker or other person employed in connection with the building or a service provided therefor or a residence comprising the top storey of the building, or both. (L.N. 294 of 1976) (G.N.A. 97 of 1962; L.N. 54 of 1969) Cap 123F reg 23A Provisions supplementary to regulations 19, 20, 21 and 22 in respect of hotels (1) In this regulation, "hotel" (旅馆) means any premises whose owner, occupier or proprietor holds out that, to the extent of his available accommodation, he will provide sleeping accommodation for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and is in a fit state to be received. (2) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may- (a) treat as a non-domestic building a building that he is satisfied is constructed or intended to be used as a hotel ("hotel building"); or (b) treat as a non-domestic part of a composite building the part in the building that he is satisfied is constructed or intended to be used as a hotel ("the hotel part of a building").(3) In determining the gross floor area of a hotel building or the hotel part of a building for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space in that hotel building or the hotel part of that building that he is satisfied is constructed or intended solely for use as- (a) a place for picking up and setting down persons departing from or arriving at the hotel by vehicle; or (b) any of the following- (i) a laundry, a carpentry workshop, a mechanical or electrical workshop; (ii) an area for storing dry goods, food, beverages, linen or furniture; (iii) facilities for the welfare of staff including staff canteen, changing room and rest room for staff; or (iv) other supporting facilities as may be approved by the Building Authority.(4) Without prejudice to section 25 of the Ordinance, where a hotel building has been treated as a non-domestic building or the hotel part of a building has been treated as a non-domestic part of that building under paragraph (2), no person, being the proprietor of the hotel or being the owner or occupier of the hotel building or the hotel part of the building, shall without prior approval of the Building Authority change, or cause to be changed, the use of the hotel building or of the hotel part of the building in whole or in part to a use other than that of a hotel. (5) For the purpose of paragraph (4), if since a hotel building or the hotel part of a building has been put into use- (a) no licence issued under section 8 or renewed under section 9 of the Hotel and Guesthouse Accommodation Ordinance (Cap 349) is in effect in respect of the hotel concerned; or (b) an order of exclusion is in effect under section 3 of that Ordinance in respect of the hotel concerned,then any use of the hotel building or of the hotel part of the building in whole or in part shall be deemed to be a change of use to a use other than that of a hotel. (6) Without prejudice to section 25 of the Ordinance, where any floor space in a hotel building or the hotel part of a building has been disregarded under paragraph (3) in determining the gross floor area of the hotel building or the hotel part of the building, no person, being the proprietor of the hotel or being the owner or occupier of the hotel building or the hotel part of the building, shall without prior approval of the Building Authority use, or cause to be used, the floor space in whole or in part for any use other than a use mentioned in sub-paragraph (a) or (b) of that paragraph. (7) Where- (a) the use of a hotel building or of the hotel part of a building in whole or in part is changed in contravention of paragraph (4); or (b) any floor space in whole or in part is used in contravention of paragraph (6),the Building Authority may by order in writing served on the proprietor of the hotel concerned or the owner or occupier of the hotel building or the hotel part of the building require him to discontinue its present use within such time or times as may be specified in the order. (8) Any person who contravenes paragraph (4) or (6) shall be guilty of an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 2 years; but it shall be a defence in any prosecution for a contravention of any provision referred to in this paragraph for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have discovered, the contravention referred to in the charge. (9) Any person who, without reasonable excuse, fails to comply with an order served on him under paragraph (7) shall be guilty of an offence and shall be liable on conviction- (a) to a fine at level 5 and to imprisonment for 1 year; and (b) to a further fine at $5000 for each day during which it is proved to the satisfaction of the court that failure to comply with the order has continued. (39 of 2000 s. 7) Cap 123F reg 24 Height of storeys (1) Every room used or intended to be used for the purpose of an office or for habitation in any building shall have a height of not less than 2.5 m measured from floor to ceiling: (L.N. 406 of 1987) Provided that there shall be not less than 2.3 m measured from the floor to the underside of any beam. (2) In any such room having a sloping ceiling, the height shall be measured to the mean height of such ceiling above floor level: Provided that no portion of any room shall have a height of less than 2 m. (3) (Repealed L.N. 406 of 1987) (L.N. 294 of 1976) Cap 123F reg 25 Space about domestic buildings (1) (a) Every domestic building on a class A or B site or on a class C site shall have within the site an open space at the rear, or partly at the rear and partly at the side, at a level of not less than 150 mm below the floor of the lowermost storey in accordance with the Second Schedule: Provided that where the Building Authority considers it necessary for proper and equitable development or redevelopment of an adjacent site, he may require the provision of more open space than that specified in the Second Schedule. (G.N.A. 97 of 1962; L.N. 82 of 1963) (b) The open space provided pursuant to sub-paragraph (a) shall be such that no part of the building which bounds on such open space at any level shall be within 1.5 m, measured horizontally, of a line drawn vertically from a point in the boundary of the open space immediately opposite thereto. (L.N. 33 of 1966)(2) No part of any domestic building shall be erected within 1.5m of the rear boundary of the site. The open space so provided shall be counted as part of the open space required under this regulation. (L.N. 33 of 1966) (3) No existing domestic building which has an open space of equal or less area than that required by this regulation shall be altered in such manner as to reduce the existing amount of open space. (4) No existing domestic building which has a greater area of open space than that required by this regulation shall be altered in such a manner as to reduce the area of open space to less than that required by this regulation. (5) Where any open space or area is at a level more than 600 mm below an adjoining open space, safe parapet walls, railings or fences shall be provided by the person creating the difference in levels. (6) Access shall be provided to every open space. (L.N. 294 of 1976) Cap 123F reg 26 New buildings on existing street less than 4.5 m wide to be set back from centre line of street Where the width of an existing street in front of any new building is less than 4.5 m, no part of such building shall be nearer to the centre line of the street than 2.25 m. (G.N.A. 83 of 1959; L.N. 294 of 1976; L.N. 144 of 1978) Cap 123F reg 27 Cuttings (1) No building shall be built to abut against a cutting, including a toe wall supporting a cutting. (2) A clear intervening space or area of a width of not less than 1/4 of the height of the cutting shall be left between such building at ground floor level and the toe of the cutting. (3) Such intervening space or area shall in no case be less than 2.5 m in width. (L.N. 294 of 1976) (4) For the purposes of this regulation the height of the cutting shall be deemed to be the height measured on a vertical line drawn from the toe of such cutting, and extending from the finished ground or concreted surface to a point where it meets a line drawn downwards at an angle of 30 degrees with the horizontal from the top of the cutting. Cap 123F reg 28 Service lanes (1) In addition to any open space required under regulation 25 every domestic building shall be provided with a service lane at the rear or side of such building: Provided that a service lane shall not be required- (a) where a public lane not less than 3 m wide or a street already exists; (b) for detached and semi-detached buildings; (c) where exempted by the Building Authority.(2) Every such service lane shall be accessible from an existing street but where such access is not immediately possible, this regulation shall be deemed to have been complied with if access would be obtained in the event of future development or redevelopment of other lots within the block. (3) The alignment, width and levels of every such lane shall be decided by the Building Authority who may grant a modification of regulation 25 when a lane exceeding 1.5 m in width is required. (L.N. 54 of 1969; L.N. 294 of 1976) Cap 123F reg 28A Access facilities for telecommunications and broadcasting services PART IIIA ACCESS FACILITIES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICES Every commercial building, industrial building, residential building (other than a building for the residence of a single family) and hotel building shall be provided with access facilities for telecommunications and broadcasting services in accordance with the design requirements as may be specified by the Building Authority from time to time. (Part IIIA added 39 of 2000 s. 7) Cap 123F reg 29 Lighting and ventilation PART IV LIGHTING AND VENTILATION Every storey of every building used or intended to be used for the purpose of an office or for habitation shall be provided with effectual means of lighting and ventilation. (G.N.A. 83 of 1959) Cap 123F reg 30 Lighting and ventilation of rooms used or intended to be used for habitation or as an office or kitchen (1) Every room used for habitation or for the purposes of an office or as a kitchen shall be provided with natural lighting and ventilation. (G.N.A. 97 of 1962) (2) Such natural lighting and ventilation shall be provided by means of one or more windows which shall be- (a) so constructed that- (i) the aggregate superficial area of glass in the window or windows is not less than one-tenth of the area of the floor of the room; and (ii) the windows can, to an extent at least equal in the aggregate to one-sixteenth of the area of the floor of the room, be opened in such manner that the top of the opening of each window is at least 2 m above the level of the floor or, in the case of detached and semi-detached buildings, at least 1.9 m above the level of the floor; and (L.N. 294 of 1976) (b) such that not less than the area required by sub-paragraph (a)(i) (hereinafter referred to as the prescribed window) faces directly into the external air. (G.N.A 83 of 1959) Cap 123F reg 31 Minimum requirements of window (1) No prescribed window shall, for the purposes of regulation 30, be deemed to face into the external air unless- (a) it faces into a street which is not less than 4.5 m wide; or (b) it faces into a space uncovered and unobstructed above the area delineated by the rectangular horizontal plane; and (c) it is so placed that, if another rectangular plane, the base whereof is equal to and common with the base of the rectangular horizontal plane, is inclined, above the rectangular horizontal plane, at an angle of 71 1/2 degrees from the horizontal where the window is in a room used for habitation or 76 degrees from the horizontal where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within the site on which such building is erected, protrudes above such plane; or (G.N.A. 97 of 1962) (d) where such window opens on to an area bounded on the side opposite the window by a boundary of the site on which the building is erected, such window is so placed that, if the rectangular horizontal plane is projected to such boundary and, from the position at which it first intersects the boundary, another rectangular plane, the base whereof is parallel and level with the sill of the window and has a length equal to the length of the base of the rectangular horizontal plane, is projected, towards the site and above the rectangular horizontal plane, at an angle of 80 1/2 degrees from the horizontal where the window is in a room used for habitation or 83 degrees where the window is in a room used for the purposes of an office or as a kitchen, no part of the building, or of any other building within such site, protrudes above such inclined plane: (G.N.A. 97 of 1962) Provided that, where there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the boundary shall, for the purposes of this sub-paragraph be deemed to be at a position 1.5 m beyond such boundary. (L.N. 54 of 1969) (2) The rectangular horizontal plane shall be such that- (a) it has an area of not less than 21 m2; and (b) the minimum length of the base is not less than 2.3 m; and (c) the minimum length of the sides at right angles to the base, between the wall in which the window is sited and any other wall or building opposite thereto within the boundary of the site on which the building is erected, is not less than 4.5 m; or (d) where the window opens on to an area bounded on the side opposite to the window by a boundary of the site on which the building is erected, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and such boundary, is not less than 2.3 m; or (e) where the window opens on to an area bounded on the side opposite to the window by a boundary or the site on which the building is erected and there is a service lane or street less than 4.5 m wide adjacent to and parallel with such boundary, the minimum length of the sides at right angles to the base, between the wall in which the window is sited and a line 1.5 m beyond such boundary or, where such service lane or street is less than 3 m wide, between the wall in which the window is sited and a line drawn along the centre line of the service lane or street, is not less than 2.3 m. (L.N. 54 of 1969) (3) For the purposes of this regulation- (a) "base" (底边), when used in relation to the rectangular horizontal plane, means that side of the rectangular horizontal plane common with the line of the sill of the window; (L.N. 307 of 1998) "rectangular horizontal plane" (矩形水平面) means a rectangular plane at the level of the sill of the window having the minimum area and minimum dimensions prescribed by paragraph (2); "window" (窗) includes french window; and (b) the sill of a prescribed window shall be deemed to be at a level 1 m above the level of the floor of the room for which the prescribed window is provided, whether or not the sill is at such level. (L.N. 54 of 1969) (G.N.A. 83 of 1959; L.N. 294 of 1976) Cap 123F reg 32 Restriction on distance any part of room may be from prescribed window No part of any room used for habitation shall be more than 9 m, measured within the room, from a prescribed window which faces directly into the external air or, where, under and in accordance with regulation 33, a window opens on to an enclosed verandah or balcony or on to a conservatory or on to any similar enclosed place or is, under regulation 71, permitted to open on to an unenclosed verandah or balcony or any other unenclosed place, from the outer edge of the verandah, balcony, conservatory or enclosed or unenclosed place, as the case may be. (G.N.A. 83 of 1959; L.N. 294 of 1976) Cap 123F reg 33 Windows opening on to enclosed verandah, etc. Where any room used or intended to be used for habitation or for the purposes of an office has a window which opens on to an enclosed verandah or balcony or on to a conservatory or on to any similar enclosed place, within, in each case, the boundary of the site on which the building is erected, such window shall be deemed to comply with the requirements of regulations 30 and 31 if- (a) such verandah, balcony, conservatory or similar enclosed place is provided with a window which would comply with the requirements of regulations 30 and 31 if it were the window of a room having a floor area equivalent to the aggregate of the areas of the floors of such room and such verandah, balcony, conservatory or similar enclosed place, as the case may be; and (b) the area of glass and the opening in the window of such room is such that, to that extent, such window would comply with the requirements of regulation 30(2)(a) if it were likewise the window of a room having a floor area equivalent to the aggregate of the areas of the floors of such room and such verandah, balcony, conservatory or similar enclosed place. (G.N.A. 83 of 1959; G.N.A. 97 of 1962) Cap 123F reg 34 Mechanical ventilation and artifical lighting of offices Where, owing to the position, level or unsuitable surroundings of any room used or intended to be used for the purposes of an office, the provisions of regulation 31 cannot be complied with, in respect of such room, to the satisfaction of the Building Authority, there shall be provided- (a) a mechanical means of ventilation which shall be capable of supplying fresh air to all parts of such room at a rate of not less than 5 changes of air per hour; and (b) such artificial lighting as the Building Authority may approve. (G.N.A. 83 of 1959) Cap 123F reg 35 Additional vent may be required (1) Where in the opinion of the Building Authority compliance with the provisions of these regulations will not secure adequate ventilation for any room used for such purposes by reason of its intended use, unsuitable surroundings or other cause he may require that room to be provided with additional ventilation by means of- (a) an aperture or airshaft communicating direct with the open air, having an unobstructed sectional area of not less than 0.015 m ; or (L.N. 294 of 1976) (b) a fanlight which opens to a ventilated lobby or corridor; or (c) such other means of ventilation as shall be approved by him.(2) For the purpose of regulations 29 to 35, a laundry being part of or used in connection with any building shall be deemed to be used for the purpose of habitation. Cap 123F reg 35A Provision for room-sealed gas water heater in bathrooms (1) Subject to paragraphs (2) and (3), suitable provision shall be made for the installation of a room-sealed gas water heater in every bathroom in a building. (2) Where a room-sealed gas water heater to serve a bathroom is, or is to be, installed in any place in a building other than in the bathroom, suitable provision shall be made for the installation of such room-sealed gas water heater. (3) This regulation shall not apply- (a) to a building in respect of which the Building Authority has, or is deemed to have, approved the plan of building works under this Ordinance on or before 20 May 1983; or (b) to a building which is designed, to the satisfaction of the Building Authority, to have available therein a centralized hot water supply.(4) For the purposes of this regulation- "room-sealed gas water heater" (密封式气体热水炉) means a gas water heater which, when in operation, has the combustion air inlet and the combustion products outlet isolated from the room or place in which the gas water heater is installed; "suitable provision" (适当设施) means an adequate aperture in an external wall, to the satisfaction of the Building Authority, to provide direct access to the external air in respect of a room-sealed gas water heater which is or may be installed, and which aperture is capable of being sealed with a readily removable cover when a room-sealed gas water heater is not installed. (L.N. 143 of 1983) Cap 123F reg 36 Rooms containing soil fitments (1) Every room containing a soil fitment or waste fitment shall be provided with a window or lantern light. (2) Every such window or lantern light shall be such that- (a) the aggregate superficial area of glass therein is not less than the equivalent of one-tenth of the area of the floor of the room; and (b) a part thereof, not less in area than the equivalent of one-tenth of the area of the floor of the room, can be opened directly into the open air.(3) The top of that part of any such window which, in accordance with paragraph (2), is designed to open shall be not less than 2 m above the level of the floor of the room. (L.N. 294 of 1976) (4) No room containing a soil fitment shall open directly into a room used or intended to be used for the manufacture, preparation or storage of food for human consumption or into the auditorium or any space in a place of public entertainment in which persons await admission to public entertainment. (L.N. 194 of 1996) (5) For the purposes of this regulation, the expression, "soil fitment" (便溺污水设备) means a water-closet fitment, a trough water-closet or a urinal. (G.N.A. 83 of 1959; G.N.A. 97 of 1962) Cap 123F reg 37 Light and air not to be diminished No building shall be erected in such a manner as to reduce the quantity of light and air available to any other building, which has been erected in accordance with these regulations, below that required under these regulations. Cap 123F reg 38 (Repealed) PART V STAIRCASES, FIRE ESCAPES AND ACCESS FOR FIREFIGHTING AND RESCUE PURPOSES (Repealed L.N. 439 of 1990) Cap 123F reg 39 Staircases (1) Every building which exceeds 1 storey in height shall be provided with a staircase or staircases to give access to upper floors unless there is separate access to such upper floors. (2) The main staircase of every building which exceeds 4 storeys in height shall be continued to the roof of the building unless a secondary staircase of fire escape is provided. (3) The main staircase of every building which exceeds 1 storey in height shall- (a) have a clear height of not less than 2 m; (b) have a clear width of not less than 900 mm; (c) be constructed with treads not less than 225 mm in width (measured at the centre of the flight) from the face of one riser to the face the next riser and with risers not exceeding 175 mm in height; (d) have not more than 16 steps in any flight without the introduction of a landing; (e) be provided on one or both sides with properly fixed handrails which, in section, shall be- (i) if tubular, not less than 38 mm and not greater than 50 mm in external diameter; (ii) if rectangular, not less than 40 mm and not more than 50 mm wide with an overall depth, or depth to a deep groove, of not more than 50 mm; (iii) in any other case, such as to afford to the user thereto a grip analogous to that specified in the case of either tubular or rectangular handrails, whichever may be the more appropriate having regard to the shape of the section. (L.N. 365 of 1984)(f) be so arranged as to provide access to a street or to an open space leading thereto; and (g) if continued to the roof of the building as a means of escape in case of fire be provided with a door at this level, such door to be glazed in the upper panels. (L.N. 294 of 1976) Cap 123F reg 40 Staircases in buildings intended for separate occupation In any building intended for separate occupation by more than 2 tenants, the staircase intended for common use shall be provided with adequate natural lighting at each storey above the ground floor and be ventilated at least at its highest point. (L.N. 439 of 1990) Cap 123F reg 40A Escalator to be in addition to staircases or means of escape in case of emergency (1) Where an escalator is installed in any building, it shall be in addition to- (a) any staircase required by regulation 39; and (b) the means of escape in case of emergency and second staircase required by regulation 41.(2) An escalator shall not be a staircase, passage or other normal means of egress for the purposes of regulation 43. (L.N. 97 of 1994) Cap 123F reg 41 Means of escape (1) Every building shall be provided with such means of escape in case of emergency as may be required by the intended use of the building. (2) Without prejudice to paragraph (1), every building which exceeds 6 storeys in height or in which the level of the floor of the uppermost storey is more than 17 m above the level of the ground at the point of discharge of the main staircase shall, in addition to the main staircase, be provided with a second staircase as means of escape in case of emergency. (L.N. 294 of 1976) (L.N. 33 of 1966) Cap 123F reg 41A Access staircases for firemen (1) Subject to paragraph (4), every building that exceeds 1 storey in height shall be provided with an adequate number of staircases, so designed and constructed as to allow firemen safe and unobstructed access to all floors of the building in the event of a fire ("access staircases"). (2) In determining what is, in respect of a building, an adequate number of access staircases, regard shall be had to the intended use of the building and the size of each floor. (3) The access staircase or staircases in a building shall be so designed and constructed that, in the event of a fire- (a) an adequate number of firemen, with equipment, may reach the fire; and (b) firemen using the staircase or staircases are adequately protected from fire and smoke.(4) This regulation does not apply to a building not exceeding 3 main storeys in height that is used or intended to be used solely for domestic purposes and constituting a single household unit. (L.N. 170 of 1992) Cap 123F reg 41B Fireman's lifts (1) Subject to paragraph (4), every building exceeding 2 storeys in height shall be provided with at least such number of lifts designed and installed to be used by firemen in the event of a fire ("fireman's lift") as will ensure that no part of the floors that they serve are more than 60 m from such a lift. (2) (Repealed L.N. 136 of 1995) (3) Fireman's lifts provided in accordance with this regulation shall- (a) be so designed and installed that at least every alternate floor of the building is served by at least one fireman's lift; (b) be of an adequate size, and have adequately sized doors, for use by firemen with their equipment; (c) be enclosed by a liftwell that encloses no more than 3 fireman's lifts and no other lifts; (d) be so designed and installed that, in the event of a fire, firemen using the lifts are adequately protected from fire and smoke, particularly when leaving the lifts; (e) be so designed and installed that in the event of a fire, firemen can gain exclusive control and operation of the lifts so that firemen with their equipment can easily, conveniently, safely and speedily reach the fire; and (f) be so designed, located and installed that, in the event of a fire, firemen can have safe and unobstructed access to the lifts and to the floors served by the lifts. (L.N. 136 of 1995)(4) This regulation does not apply to- (a) a building- (i) provided with only 1 staircase; (ii) not exceeding 6 storeys in height; and (iii) in which the level of the floor of the uppermost storey is not more than 17m above the level of the ground at the point of discharge of the staircase;(b) a domestic building not exceeding a height of 30 m; or (L.N. 136 of 1995) (c) a non-domestic building or the non-domestic part of a composite building- (i) in which no industrial undertaking is being, or is intended to be carried on and which is not used or intended to be used for bulk storage or as a warehouse, place of public entertainment, hotel or hospital; and (ii) either- (A) not exceeding a height of 15 m; or (B) exceeding a height of 15 m but neither exceeding a height of 30 m nor a cubical extent of 7000 m3. (L.N. 136 of 1995)(5) For the purposes of paragraph (4)(b) or (c), the height of a building shall be measured in accordance with regulation 23(1). (6) In this regulation- "cubical extent" (体积), in relation to a building, means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey, excluding any space within any enclosure on the roof used exclusively for accommodating a water tank or lift gear or any other services, and, if any side of the building is not enclosed by a wall, that side shall be deemed to be enclosed by a wall extending downwards from the outer edge of the roof; "hotel" (旅馆) has the same meaning as in section 2 of the Hotel and Guesthouse Accommodation Ordinance (Cap 349); "industrial undertaking" (工业经营) has the same meaning as in section 2 of the Factories and Industrial Undertakings Ordinance (Cap 59). (L.N. 170 of 1992; L.N. 136 of 1995; L.N. 194 of 1996) Cap 123F reg 41C Firefighting and rescue stairway (1) This regulation applies to- (a) every building exceeding- (i) a height of 30 m; or (ii) a cubical extent of 7000 m3 and a height of 1 storey, in which an industrial undertaking is being, or is intended to be carried on or which is used, or is intended to be used for bulk storage or as a warehouse; and(b) every basement- (i) exceeding a cubical extent of 7000 m3; and (ii) either- (A) exceeding a height of 2 storeys; or (B) exceeding a depth of 9 m from the floor level of the ground storey above the basement to the floor level of the lowest storey in the basement. (L.N. 136 of 1995)(2) Every building or basement to which this regulation applies shall be provided with at least such number of firefighting and rescue stairways as will ensure that no part of the building (including any basement in the building) or basement is more than 60 m from such a stairway. (3) Subject to paragraph (4A), every firefighting and rescue stairway shall be so designed and constructed that- (a) no lift other than a fireman's lift is installed in the stairway; (b) not more than 3 fireman's lifts are installed in the stairway; (c) if the roof is accessible by a staircase, the access staircase of the stairway serves the roof; (d) in the event of a fire, firemen may have safe and unobstructed access- (i) to all floors; and (ii) if subparagraph (c) applies, to the roof; and(e) firemen using the stairway are adequately protected from fire and smoke. (L.N. 136 of 1995)(4) For the purposes of paragraph (1)(a), the height of a building shall be measured in accordance with regulation 23(1). (4A) A fireman's lift in a firefighting and rescue stairway is not required to serve the top floor of a building to which this regulation applies if the Building Authority is satisfied that there is no practicable alternative to locating the machine room for the lift on that floor. (L.N. 136 of 1995) (5) In this regulation- "access staircase" (通道楼梯) has the same meaning as in regulation 41A; "basement" (地库) means any storey of a building below the ground storey and from which any exit route required by or under these regulations is in an upward direction; "cubical extent" (体积) has the same meaning as in regulation 41B; "firefighting and rescue stairway" (消防和救援楼梯间) means a stairway accommodating an access staircase and a fireman's lift; "fireman's lift" (消防员升降机) has the same meaning as in regulation 41B; "ground storey" (地面楼层) means the storey in which is situated an entrance from a street to the building and, where a building fronts or abuts on more than on street and due to a difference in street levels there are 2 or more entrances serving different street and situated in different storeys, means each such storey. (L.N. 170 of 1992) Cap 123F reg 42 Landings, lobbies and passages The minimum dimension of every landing, lobby or passage shall not be less than the width of the staircase to which it leads. Cap 123F reg 43 Distance from staircase Every part of any building intended for habitation or of any school or of any building used as a place of public assembly shall be not more than 24 m from a staircase, passage or other normal means of egress. (L.N. 294 of 1976) Cap 123F reg 44 Revolving doors and turnstiles (1) Where revolving doors or turnstiles are used an alternative means of exit shall be provided in close proximity. (2) In any place of public assembly turnstiles, if used, shall be kept clear of the line of exit. Cap 123F reg 45 Kitchens PART VI DOMESTIC BUILDINGS (1) Every domestic building, and unless exempted by the Building Authority any part of a domestic building which is intended to be separately let for dwelling purposes, shall be provided with kitchen accommodation. (2) The internal surface of every kitchen to a height of at least 1.2 m from floor level shall be faced with tiles or rendered in cement mortar, not less than 12.5 mm in thickness, or other non-absorbent material. (L.N. 294 of 1976) (3) Every kitchen shall be provided with a- (a) properly constructed fireplace or cooking slab unless the cooking is to be done by gas, oil or electricity; (b) sink and fittings for the supply of water. Cap 123F reg 46 Tenement house (1) No tenement house shall be erected with a depth from the front main wall or, if any balcony is projected from the front main wall, from the front of every such balcony to the nearest rear main wall exceeding 10 m unless exempted by the Building Authority. (L.N. 33 of 1966) (2) (a) Save where exempted by the Building Authority, every storey of every tenement house shall be provided with a window in such rear main wall of such storey. (b) Such window shall be so constructed that- (i) the aggregate superficial area of the glass in the window is at least 1.5 m2; (ii) the window can, to an extent of at least 1.5 m2, be opened into the open air in such a manner that the top of the opening is at least 2 m above the level of the floor. (G.N.A. 83 of 1959)(3) No windows required under these regulations in any tenement house shall be obstructed by the erection of any structure either inside or outside the building. (4) (a) The internal area of every kitchen in a tenement house shall be- (i) not less than 3.75 m where the total area of the domestic premises of which such kitchen forms part, does not exceed 45 m2; (ii) not less than 4.5 m2 where the total area of the domestic premises of which such kitchen forms part, exceeds 45 m2 but does not exceed 70 m2; (iii) not less than 5.5 m2 where the total area of the domestic premises of which such kitchen forms part, exceeds 70 m2. (b) In no case shall the smaller dimension of such kitchen be less than 1.5 m.(5) For the purpose of these regulations a tenement house means any building in the domestic part of which any living room is intended or adapted for the use of more than one tenant or sub-tenant. In this regulation "living room" (起居室) means any room intended or adapted as a place for cooking or sleeping. (L.N. 294 of 1976) Cap 123F reg 47 Building abutting on retaining wall (1) No domestic building shall be erected against a retaining wall which exceeds 4.5 m in height. (L.N. 294 of 1976) (2) A space not less than 1.5 m in width shall be left between any domestic building and the bottom of any retaining wall exceeding 4.5 m in height. (L.N. 294 of 1976) (3) For the purposes of this regulation a massive rock face shall be deemed to be a retaining wall. Cap 123F reg 48 Retaining wall forming part of a building Any retaining wall, which forms part of any domestic building shall, subject to the provisions of regulation 27- (a) be properly waterproofed to prevent dampness in the building; (b) be properly insulated to prevent condensation on the internal face of any room intended for habitation within the building. Cap 123F reg 49 Building not to be used for domestic purposes and for dangerous trade (1) No building used or designed for domestic purposes or intended for habitation shall also be used- (a) for the manufacture of any dangerous goods within the meaning of the Dangerous Goods Ordinance (Cap 295); or (b) for the storage of any such dangerous goods to which section 6 of that Ordinance applies; or (c) as a motor repair shop; or (d) as a vulcanizing shop; or (e) for automobile or carriage painting; or (f) as a paint shop where paint or varnish is manufactured or mixed; or (g) for dry-cleaning,unless exempted by the Building Authority, who may prescribe such structural and other requirements as in his opinion are necessary. (2) Notwithstanding the provisions of paragraph (1), where a building is used for any of the purposes specified in sub-paragraphs (a) to (g) thereof, any part of such building, not exceeding 50 m2 in area, may be used as a residence for a caretaker or other person employed in connection with the maintenance of or provision of services for such building. (L.N. 294 of 1976) (L.N. 54 of 1969; L.N. 170 of 1992) Cap 123F reg 49A Situation of a place of public entertainment PART VIA PLACES OF PUBLIC ENTERTAINMENT A place of public entertainment shall not be situated in a building which is used for any purposes other than those of such place of public entertainment. (L.N. 194 of 1996) Cap 123F reg 49B Cinemas (1) Notwithstanding regulation 49A but subject to paragraphs (2), (3), (4) and (5), a cinema may be situated in a building which is used for any purposes other than those of such cinema. (2) A cinema shall be situated in a non-domestic building or the non-domestic part of a composite building. (3) Where a cinema or cinemas is or are situated in a building which is used for any purposes other than those of such cinema or cinemas, the accommodation provided shall not- (a) in case there is only 1 cinema so situated, be more than that required to accommodate 2000 persons; (b) in case there are 2 or more cinemas so situated, be in the aggregate more than that required to accommodate 2000 persons.(4) (a) A cinema shall not be situated in a building in, or in any part of, which any of the operations mentioned in subparagraph (c) is for the time being carried on. (b) Any of the operations mentioned in subparagraph (c) shall not be carried on in a building or in any part of a building in which a cinema is for the time being situated. (c) The operations referred to in subparagraphs (a) and (b) are- (i) a motor vehicle repair workshop; (ii) a petrol filling station; (iii) a godown or warehouse; (iv) a factory or an industrial undertaking; (v) a school; (vi) a child care centre; or (vii) a residential care home for elderly persons.(5) (a) A cinema may share all or any of the facilities mentioned in subparagraph (b) with any other cinema or other place of public entertainment situated in the same building if, and only if, each such facility which is so shared is provided to the satisfaction of the Building Authority. (b) The facilities referred to in subparagraph (a) are a means of escape, an entrance, a foyer and a waiting space. (L.N. 194 of 1996) Cap 123F reg 49C Domestic accommodation Domestic accommodation, namely accommodation constructed, intended or used for habitation, shall not be provided in a place of public entertainment. (L.N. 194 of 1996) Cap 123F reg 49D Floors and tiers Each floor or tier in a place of public entertainment shall be constructed so that it does not have a gradient steeper than 35 degrees to the horizontal and the height between any such floor or tier and the underside of the tier or ceiling above it shall in every part be at least 3 m. (L.N. 194 of 1996) Cap 123F reg 49E Waiting accommodation Adequate and suitable accommodation shall be provided in a place of public entertainment for persons awaiting admission to a public entertainment. (L.N. 194 of 1996) Cap 123F reg 50 Definition of temporary buildings and short lived materials PART VII TEMPORARY BUILDINGS (1) (a) In these regulations temporary buildings shall mean any building for which a permit is issued on a temporary basis and is- (i) required only for a short time; (ii) constructed of short lived materials; or (iii) constructed as a contractor's shed required in connection with the erection of permanent buildings. (b) The Building Authority may, in his discretion, include any building constructed on land held on licence.(2) Short lived materials mean any building materials which are, in the absence of special care, liable to rapid deterioration or are otherwise unsuitable for use in the construction of permanent buildings- (a) so far as they are used wholly or principally for the construction of the weather-resisting part of a roof or external wall of a building- (i) tongued and grooved boarding fixed horizontally, and any boarding less than 16 mm in thickness, or in the case of feather edge boarding less than 16 mm in thickness at the thicker edge of the board; (L.N. 294 of 1976) (ii) sheets of fibre building board (except super hard-board as defined in British Standard Specification 1142:1953), wood chip board or compressed straw; (iii) wood-wool building slabs; (iv) plywood, except plywood suitable for external use; (v) plaster board; (vi) fibrous
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