Frequently Asked Questions
Newly Constructed Buildings
- 1.How to demarcate “newly constructed building” (or “new building”) and “existing building” under the Ordinance?
The line of demarcation is the issue date of the "consent to the commencement of building works" (or the "consent") for superstructure construction of a building issued by the Building Authority or other relevant authorities. If the “consent” of a building is issued after 21 September 2012(i.e. from 22 September 2012 onward), the building is regarded as a “newly constructed building” (or “new building”). If the “consent” of a building is issued on or before 21 September 2012, the building is regarded as an “existing building”. The "consent" mentioned in the Ordinance only includes construction of a new building but not alteration and addition works of an existing building. (Note: The terms of “newly constructed building” (or “new building”) and “existing building” do not appear in the Ordinance but are adopted for the purpose of easier understanding by the public.)
- 2.Submission of “stage one declaration” is required within 2 months after the “consent to the commencement of building works” for superstructure construction is issued. How about a “consent” solely for foundation and a “consent” covering both foundation and superstructure?
Stage one declaration will not be required for a “consent to the commencement of building works” solely for foundation works such as pile cap works. However, it is still required for a “consent” covering both foundation and superstructure works including construction works of basement(s). Please note that it is not required for an existing building to submit a “stage one declaration” if the building is issued with a consent for alterations and additions works.
- 3.If more than one “consent to the commencement of building works” for superstructure construction is obtained, should stage one declaration be submitted for each “consent”?
In principle, stage one declaration only applies to the first “consent”. If the developer obtains another “consent” for “major revision” subsequently, he/she is required to submit stage one declaration again in respect of the “consent” for “major revision”. For detailed information about “major revision”, please refer to the Practice Note for Authorized Persons and Registered Structural Engineers (PNAP) no.APP-55 issued by the Buildings Department. If the subsequent “consent” is not for “major revision”, the developer is not required to submit “stage one declaration” again.
If the declaration is not the first time, the developer is required to clearly state the reference number of the previous declaration in this declaration. Normally, the new declaration will be regarded as a supplement, amendment or substitution of the previous declaration depending on the details on case by case basis. - 4.If a prescribed building has already obtained the first consent to the commencement of building works for superstructure construction issued by the Buildings Department on or before 21 September 2012, and now obtains another one after 21 September 2012, is this building still regarded as an existing building under the Ordinance?
It depends on whether the “consent” obtained after 21 September 2012 is issued for “major revision”. For detailed information about “major revision”, please refer to the Practice Note for Authorized Persons and Registered Structural Engineers (PNAP) no.APP-55 issued by the Buildings Department. If yes, the building will be regarded as a newly constructed building and hence the developer will be required to submit stage one declaration after obtaining the “consent” and stage two declaration after obtaining the “occupation permit” issued by the Buildings Department in order to apply for a Certificate of Compliance Registration (COCR) according to the requirements of the Ordinance. For the relevant procedures, please refer to the relevant provisions or pamphlet of the Ordinance. If the “consent” is not for “major revision”, the building will still be regarded as an existing building. Thus, the developer is not required to follow the said procedures of stage one declaration and stage two declaration.
- 5.If there is more than one block of building in a newly constructed project, may a stage one declaration form and a stage two declaration form covers all the buildings in the project?
Each stage one declaration form (Form EE1) and each stage two declaration form (Form EE2) should be submitted for only one block of building. If there is more than one block of building in a project, a declaration form must be separately submitted for each block of building in the project.
- 6.Regarding the edition of Building Energy Code (BEC) to be reported in a stage two declaration, is it necessarily the latest edition at the time of submission of the stage two declaration?
Not necessary. Provided that the edition of BEC reported in a stage two declaration is not earlier than the one reported in the corresponding stage one declaration, it is acceptable, otherwise not acceptable. For example, if the edition of BEC is reported as “2012 (Rev. 1)” in a stage one declaration, the edition of BEC to be reported in the subsequent stage two declaration should at least be the same but an earlier edition, say “2012”, will not be acceptable.
- 7.If a covered footbridge with a machine-room-less lift extends and connects to a newly constructed refuse collection point (RCP), should stage one declaration be submitted for the footbridge, RCP and the machine-room-less lift?
Footbridge is an extended part of a building. Pursuant to Schedule 1 of the BEEO, RCP is NOT one of the prescribed buildings and thus, the connected newly constructed footbridge and the machine-room-less lift is not a prescribed building. Submission of stage one declaration therein is not required.
- 8.A residential development project consists of two building blocks, namely high block and low block. There is no linkage between these two blocks and the electric supply for high block and low block sourcing from high block. Should separated stage one declarations be submitted for high block and low block?
The development consists of two separate buildings (i.e. high block and low block) and thus if both of them are regarded as prescribed buildings, two separate stage one and two declarations shall be submitted.
- 9.In the form of EE-SU (Rev. 06/16), item b for EE2, there is the information “Total internal floor area of the building (m2)”. For a residential building, does the internal floor area only include the public area and plant room and exclude the internal area of the domestic flat units? Or it is the total building internal floor area regardless of the public or private area? Whether GFA can be input as the internal floor area?
Total internal floor area of the entire building, including common area, plant room and residential units should be provided. Refer Section 2 (Interpretations) of the Building Energy Code for its definition. GPA is NOT the same as Internal floor area. The information on internal floor area can be gathered easily from client, architectural design team and in fact, from the design layout drawing.
- 10.During the REA inspection, REA may found that some of the requirement cannot be fulfilled and the project team is required to investigate the problem and finding solution. However, it may not meet the 4 months timeslot. In such case, can the owner deferred the submission?
Pursuant to Section 9 of the BEEO, Stage 2 declaration should be submitted within 4 months after OP obtained. If it is considered extension of this specified period is required, the developer shall submit in writing by completing specified form EE-ET with full justification for our consideration and approval. On the other hand, if REA consider such outstanding work is minor in nature and can be resolved shortly, declaration may still considered be submitted with those outstanding highlighted to us. Refer BEEO Technical Circular No. 2/2013 for details.
- 11.What is BEEO requirement of the statutory submission about a single owned residential development?
For a single house owned by a single owner, such a residential building is NOT governed under the Buildings Energy Efficiency Ordinance and the compliance with the BEC is therefore NOT mandatory. This is based on the fact that the building consists of no common area. The requirements under the BEEO about stage one and stage two declarations are NOT applicable in this case.
- 12.Given a 30-storey residential building, temporary occupation permit (TOP) is granted to G/F lift lobby, part of the corridor on certain floors and certain units in those floors. Should stage 2 submission be required to follow such TOP?
The purpose of the TOP deems to facilitate the general public from accessing the show flats. TOP for such purpose should NOT be followed up with a stage two declaration.
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