Practice Note for Authorized Persons,

Buildings Department Registered Structural Engineers and APP-97

Registered Geotechnical Engineers

Consent Procedures for Building Works and Street Works

Introduction

This practice note provides guidelines on consent application.

Fast Track Application

2. Buildings Department has put in place a system for fast-track processing

of application for consent to commence works from the Building Authority (BA) for
certain building works and street works. The procedures aim to facilitate building
development by reducing the number of times authorized persons (AP), registered
structural engineers (RSE) and registered geotechnical engineers (RGE) are required to
submit consent applications.

3. The procedures for securing the BA’s consent to the commencement of

building works and street works are laid down in the Buildings Ordinance (BO) and the
Building (Administration) Regulations (B(A)R). With the implementation of the
fast-track processing of consent application, there are now two sets of procedures:

• The normal procedure – This is applicable to all building

works and street works. It should be followed for all
Type I works and if so opted by AP or RSE, for Type II
works; and

• The fast-track procedure – This is only applicable to Type

II works.

Classification of Works

4. For the purposes of this practice note and the administration of section
14(1)(b) of the BO and regulation 31 and 33 of the B(A)R, building works and street
works are classified into two types:

(a) “Type I works” refers to all the works, which have not been
issued with a first consent of the BA. In this context, a first
consent means the BA’s consent granted for the first time for the
works. It does not include the BA’s consent required for the
works shown on amendment plans, but include major revisions
or amendment plans containing material deviations, approved
subsequently; and

/(b) …
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(b) “Type II works” refers to the works for which the BA has
given approval and a first consent, in respect of which an
amendment to plans already approved is proposed. It excludes
major revisions or amendment plans containing material
deviations to the plans previously approved.

5. AP, RSE or RGE wishing to take advantage of the fast-track procedures

should mark clearly on the lower right-hand corner of his plans the following statement:

“The works shown on these plans are Type II works

(curtain wall works, for example) in respect of which
consent is applied for the purpose of Fast Track consent
application under regulation 33 of the Building
(Administration) Regulations.”

6. It is the responsibility of AP, RSE and RGE to consider thoroughly and

ensure whether the works are Type I or Type II. Where the BA does not accept the
classification indicated on a plan, he may, by invoking section 16(3)(a) or (b) of the BO,
refuse to grant consent under the procedures.

7. The fast-track procedures have the obvious advantage of allowing for

technical and minor adjustments to be made to the works without suspending the works
on site. For any works to qualify as Type II works, it is essential that consent should
have already been obtained earlier for the works.

8. To facilitate the operation of the consent application system, AP, RSE

and RGE are requested to adopt the following terminology for differentiating the
different types of building works or street works:

• Demolition works

• Ground investigation works

• Site formation works

• Slope/retaining wall works

• Excavation and lateral support works

• Foundation works

• Cap/footing/basement works

• Superstructure works

• Curtain wall works/cladding works

• Alteration and addition works

/Street …
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• Street or access road works

• Drainage works

• Tunnel works

• General building works (i.e., works shown on general

building plans, often synonymous with superstructure
works)

Note : More detailed description may be added in brackets after the above terms
as necessary, e.g. Excavation and Lateral Support Works (Sheet Piles)
and Site Formation Works (Phase I).

First Consent Checklist

9. To ensure all essential works and procedures have been completed and
all required documents are submitted prior to or together with the application for the
first consent to the commencement of the superstructure works, AP/RSE/RGE may
make reference to the checklist at Appendix A as appropriate.

Normal Procedures

10. The normal procedures require separate applications to be made for the
BA’s approval of plans and consent for commencement of the approved works. These
procedures should be followed in respect of all Type I works and where AP, RSE or
RGE so chooses, in respect of any Type II works.

Fast-track Procedures

11. The fast-track procedures operate on the principle that approval and
consent are given at the same time in respect of Type II works. It follows, therefore,
that the consent given is limited to what is shown on the plans approved. If approval
of other types of plans are required, e.g., corresponding structural amendment plans, the
works, for which approval and consent have been given, should not be executed on site
until approval of the structural amendment plans have been obtained together with the
consent for the structural amendment works.

12. The procedures to be followed are as follows:

Step 1 : Statement in accordance with paragraph 5 above is

made by AP, RSE or RGE on the plans for Type II
works submitted in the application for approval and
consent at the same time.

Step 2 : If the plans cannot be approved, the disapproval of

the plans and the refusal to give consent are issued
to AP, RSE or RGE at the same time.

/Step 3 …
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Step 3 : If the plans can be approved, approval and consent

will be given at the same time with the required
consent notice in respect of the works so approved
and consented to. The BA expects AP, RSE and
RGE to ensure that the works so approved and
consented to are compatible with all previously
approved plans and that all conditions imposed are
complied with.

Step 4 : If the plans can be approved but consent cannot be

given, the plans will be approved and a notification
of refusal of consent will be issued. In the
circumstances, AP, RSE or RGE should follow the
normal procedures for securing consent for the
approved amendment works.

Step 5 : For any subsequent submission of amendment plans,

Step 3 or Step 4 as appropriate will be taken.

Specified Forms

13. In lieu of the specified Form BA8, a statement in accordance with

paragraph 5 above will be accepted for the purpose of application for consent for Type
II works.

Sanctions

14. AP, RSE and RGE wishing to take advantage of the fast track procedures
for the Type II works should ensure that all necessary consents are obtained and all
requirements are met prior to the commencement of the works. In this regard, AP,
RSE and RGE are reminded of the sanctions contained in sections 7 and 40 of the BO.

Validity of Plans

15. While the BO does not prescribe a validity period of approved plans,
section 16(3)(d) of the BO does provide the BA with the opportunity to review any
plans that are approved more than 2 years ago upon the application for consent to
commence works. The BA will invoke section 16(3)(d) of the BO to refuse consent if
the building works or street works shown on the approved plans do not comply with the
current standards specified in the BO and allied regulations. However, section 16(3)(d)
of the BO will not be invoked to enforce approved or draft outline zoning plans
introduced under the Town Planning Ordinance after the approval of the building plans.

/Application …
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Application of New Regulations

16. Section 39(2) of the BO provides that if any building works or street
works are being carried out or consent to their commencement has been given before
the coming into operation of any new regulation, the provisions of the law prior to the
new regulation shall apply to such works. In this connection, if the building works or
street works required under a new regulation are not shown on any plans that have been
approved within a period of 2 years at the time of application for first consent to
commence works, the BA may invoke section 16(3)(a) of the BO to refuse the consent
application on the ground that the BA has not received and given his approval to all the
plans prescribed by regulations. In cases where section 16(3)(a) of the BO is not
invoked to refuse the application for first consent, such as in the case where plans
incorporating the required building works or street works have been approved but not
conforming to the standards specified in the new regulations, AP, RSE or RGE is
responsible to ensure that the building works or street works to be carried out comply
with the standards set out in the new regulations pursuant to the provisions of section
39(2) of the BO. In such cases, AP/RSE/RGE should submit amended plans for
approval as necessary, before application for an occupation permit. If the building
works or street works carried out do not comply with the new regulation, the application
for occupation permit may be refused under section 21(6) of the BO.

( YU Po-mei, Clarice )
Building Authority

Ref. : BD GP/OM/5/3
BD GR/1-50/43/0

First issue November 1997

Last revision December 2005
This revision May 2023 (AD/NB1) (Paragraph 9 and Appendix A added)
 Appendix A
(PNAP APP-97)
Checklist for Application for the First Consent to the Commencement and Carrying out of
Building, Superstructure and/or Drainage Works

(This checklist is not required to be submitted to the BD)

PART 1 - SITE PREPARATION WORKS

Yes No N/A

1.1 Conditions of the existing party wall and/or adjoining building, if any, are structurally
safe?
1.2 Shoring or other temporary support to adjoining or other buildings, if required,
installed?
1.3 Information of Authorized Person/Registered Structural Engineer/Registered
Geotechnical Engineer/Registered Contractor and their contact telephone numbers
displayed on site? (PNAP ADV-12)

PART 2 - REQUIRED DOCUMENTS/INFORMATION TO BE SUBMITTED

Yes No N/A
2.1 Form BA8 (Application for Consent to the Commencement and Carrying Out of
Building Works or Street Works) or Form BA8A (Application for Concurrent Consent
to the Commencement of Building Works) duly completed and signed?
2.2 Supervision plan submitted?
2.3 The following documents, if required by the conditions imposed when granting
modification, submitted?
GFA concessions:
2.3.1 The result of the Provisional Assessment under the BEAM Plus certification
conferred/issued by the Hong Kong Green Building Council (PNAP APP-2,
APP-130, APP-150 & APP-151)
2.3.2 Information on the estimated energy performance/consumption for the
common parts of the building (for domestic development)/for the entire
building (for non-domestic domestic) (PNAP APP-2, APP-130, APP-150 &
APP-151)
2.3.3 Provisional Energy Efficiency Report (for domestic or composite
development) (PNAP APP-151 & APP-156)
Ownership of site:
2.3.4 Documentary proof of full ownership of the site (Circular Letter dated 27
September 2021)
Others:
2.3.5 Please specify: [Documents/information required by conditions imposed by
modification granted (Permit No. XX xx/yyyy (MOD) dated dd.mm.yyyy)]
2.4 The following documents, if required by conditions imposed under regulation 10 of
Building (Administration) Regulations, submitted?
2.4.1 GBP amendment incorporating deferred essential information for Stage II as
detailed in Appendix A1 of PNAP ADV-33 submitted and approval obtained
(PNAP ADM-19 & ADV-33)
2.4.2 Provisional OTTV Report of a commercial or hotel building (PNAP APP-67)
2.4.3 Proofs of site parameters either by a detailed lease plan or a land survey plan
prepared by an Authorized Land Surveyor (PNAP ADM-21)
2.5. Documents/information, if required by conditions imposed under section 17(1) of the
Buildings Ordinance, submitted?

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 Appendix A
(PNAP APP-97)

PART 3 - OTHER ASPECTS

Yes No N/A
3.1 Approvals of the corresponding Superstructure plans and/or Drainage plans including
amendments obtained?
3.2 Approval of additional plans of the Approved Anchor System and the future
monitoring information and guidelines, for works in relation to prestress ground
anchors obtained? (PNAP APP-12)
3.3 Conditions or requirements imposed under section 17(1) of Buildings Ordinance, if
any, complied with?

3.4 Conditions or requirements imposed by Geotechnical Engineering Office of Civil

Engineering and Development Department, if any, complied with?

3.5 Are requirements of new regulations/new codes/PNAPs, if applicable, complied with?

3.6 Requirements from Antiquities and Monuments Office, if any declared/proposed
monument or graded building affected, fulfilled?
3.7 The modification permit, if granted, still valid? (Circular Letter dated 20 October
2010)
3.8 Hoarding Permit issued and valid? (PNAP APP-23)
3.9 Consent from the adjoining owners of party walls/structures, if strengthen works
required, obtained? (section 113 of the Buildings Ordinance)
3.10 Form BA 14 certifying completion of foundation works acknowledged?
3.11 Modification of B(A)R 33(1) for deferring submission of minor amendment, if to be
applied, submitted together? (PNAP ADM-19)

(5/2023)

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