Frequently Asked Questions
These FAQs will be applicable upon the full implementation of the BEE(A)O
Data Centre
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D1.What constitutes as “building that is occupied principally as a data centre”?
This refers to a building that is primarily constructed for data centre use. Generally, if more than half of the gross floor area of a building is used for data centres, the building is considered as a “building that is occupied principally as a data centre”.
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D2.If a building is not considered as “building that is occupied principally as a data centre” (such as commercial building, hospital, community building, municipal building, etc.), and that building accommodates data centre, does that data centre require to carry out energy audit separately?
As the data centre is built to support the building’s primary function, a separate energy audit is considered not necessary.
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D3.What constitutes as “a portion of an industrial building that is occupied principally as a data centre”?
This refers to data centres accommodated within industrial buildings. Generally, these data centres are mainly converted from units of existing industrial buildings. Since 2012, the government has put in place several concessionary measures to boost the land supply for data centre development, including waiving fees for converting parts of an eligible industrial building for data centre use by Lands Department.
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D4.If the owner of data centre building leases out some portions (such as data halls) for other uses, are the tenants required to carry out energy audits of such portions of the data centre building?
According to the Ordinance, the owner of a building must cause an energy audit to be carried out in accordance to section 22 in respect of the central building services installations of the building. Therefore in such case, the tenants are not required to carry out energy audits for the leased portion of the data centre.
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D5.If the owner of a data centre building leases out the whole building to someone else for management and operation, is the data centre building required to carry out energy audit?
According to the Ordinance, the owner of a building must cause an energy audit to be carried out in accordance to section 22 in respect of the central building services installations of the building. It is recommended that owner of the data centre to confirm the energy audit arrangements with the tenant before leasing out the whole building. If necessary, clearly specifying the arrangement in the lease document.
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D6.If the owner of a data centre inside an industrial building leases out some portions (such as data halls) for other uses, are the tenants required to carry out energy audits of such portions of the data centre building?
According to the Ordinance, the owner of a building must cause an energy audit to be carried out in accordance to section 22 in respect of the central building services installations of the building. Therefore in such case, the tenants are not required to carry out energy audits for the leased portion of the data centre.
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D7.If the owner of a data centre inside an industrial building leases out the whole data centre to someone else for management and operation, is the data centre required to carry out energy audit?
According to the Ordinance, the owner of a building must cause an energy audit to be carried out in accordance to section 22 in respect of the central building services installations of the building. It is recommended that owner of the data centre to confirm the energy audit arrangements with the tenant before leasing out the whole building. If necessary, clearly specifying the arrangement in the lease document.
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D8.Is energy audit required for a data centre ceased operation?
According to the Ordinance, the owner of a building may apply to the Director of Electrical and Mechanical Services for an exemption of any building services installation in the building from the energy audit requirement for heritage conservation or technical or operational reasons, undesirable or impracticable for the installation to comply with the requirement.
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D9.If I have a TBE room situated within an industrial building dedicated to support the building’s telecommunication system, would it be classified under the definition of “a portion of an industrial building that is occupied principally as a data centre” as stated in Schedule 1 and Schedule 4 of the ordinance?
If the server room or alike within an industrial building is specifically designed to provide supporting services solely for the building’s operation, serving the building users and/or communal areas and specific equipment in the building, it would not be regarded as “a portion of an industrial building that is occupied principally as a data centre,” even if it is equipped with the supporting components outlined in the note to the definition of data centre in the ordinance.
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D10.If I have a control room situated within an industrial building accommodating number of racks for controlling the manufacturing process, would it be classified under the definition of “a portion of an industrial building that is occupied principally as a data centre” as stated in Schedule 1 and Schedule 4 of the ordinance?
A control room situated within an industrial building that contains server racks controlling machinery for a manufacturing process would not be classified as “a portion of an industrial building occupied principally as a data centre” under the ordinance, as the primary purpose of this server room is not to function as a data centre.
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D11.How to determine the first energy audit carried out date for a portion of an industrial building that is occupied principally as a data centre?
Schedule 6 of the ordinance specifies the timeframe within which the first energy audit must be carried out, commencing from the date the data centre begins operation. In principle, the start of operation is defined as the date on which the central building services installations serving that portion of the building start to consume electricity. This usually can be checked from the initial electricity bill from power company issued to the data centre owner.
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D12.What are the liabilities of tenants under the BEE(A)O for a data centre unit in an industrial building?
Currently, the ordinance imposes two primary regulatory requirements for data centre within industrial buildings:
- The responsible person for building services installations must ensure compliance with the energy efficiency standards outlined in the Building Energy Code (BEC) when constructing new data centres or undertaking major retrofitting works; and
- The data centre owner is required to conduct energy audits in accordance with the Energy Audit Code (EAC) at intervals not exceeding five years.
General Question
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G1.For the commercial portion of a composite building, is the 7,000 sqm gross floor area (GFA) threshold for exclusion from the energy audit requirement applied to the entire building or solely to the commercial portion?
For the purpose of the BEE(A)O, the gross floor area (GFA) considered should pertain exclusively to the commercial portion of the composite building. In respect of a commercial-residential composite building, if there is no restriction in the “occupation permit” (OP) issued under the Buildings Ordinance (Cap. 123) that each floor can only be used for commercial or non-commercial purpose, the usage of individual units on the same floor may be changed free between commercial and non-commercial purpose (i.e. commercial and non-commercial units are allowed to co-exist on the same floor). Since there is no definite demarcation between the commercial and non-commercial portions in this type of composite building, the GFA of that floor shall be disregarded from the commercial portion.
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G2.How to check the GFA and date of occupation approval of a building?
The Buildings Department (BD) has established an online platform through which building owners can register and verify the approved gross floor area (GFA) under Building Regulation and Occupation Approval. For older buildings where the GFA cannot be determined from the record plans, building owners are advised to consult a qualified building professional—such as a registered architect, building surveyor, or authorized person—for expert assessment and estimation of the building’s approximate GFA.
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G3.If the relevant authorities do not have records related to the total gross floor area of the building, how can it be determined whether its gross floor area necessitates an energy audit?
If the relevant authorities do not have records of the Gross Floor Area (GFA) of an existing building, a rough estimation may be made based on the building mass and major dimensions such as its length and width. If the estimated area is clearly less than 7,000 m², the actual GFA should not exceed this figure. However, for marginal cases, such as when the estimated area is around 6,500 m², a detailed calculation should be carried out by a qualified professional in accordance with the Town Planning Board Guideline TPB PG-No. 43 and the Buildings Department Practice Note APP-2 for Authorized Persons (APs), Registered Structural Engineers (RSEs), and Registered Geotechnical Engineers (RGEs).
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G4.If a building with several OPs, which version of OPs and corresponding GFA should be referred to?
Some buildings may have several OPs with different reasons like phasing completions or further expansion to suit the building operation. If considering the date of the first energy audit must be carried out, the first OP of a building will be considered. If considering whether the building is within 7000 sqm for exclusion of energy audit, the GFA set out in the latest approved General Building Plan for construction and approval of OP will be adopted.
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G5.For a commercial building comprising a podium and a tower with gross floor areas of 3,000 sqm and 5,000 sqm respectively, and where each portion holds its own COCR, is an energy audit required for each portion?
If the commercial building’s total gross floor area (GFA) exceeds 7,000 sqm, an energy audit is mandatory regardless of whether the building is divided into multiple portions with separate COCRs. The first energy audit date should be determined based on the earliest issuance date of the COCRs.
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G6.How should I proceed if I am ultimately unable to obtain any record of the issuance date of the occupation permit (OP) for my building?
If the building’s Occupation Permit (OP) record cannot be found, the date of the building handover record from the relevant department, the deal date of the sales agreement for the building, or the first date the building started operation may be used as alternatives equivalent to the date of the Occupation Permit. If the building owner or their representative wishes to use any of these alternatives as a reference to determine the date for carrying out the first energy audit, they should write to EMSD for stating that they have made their best effort to locate the OP record but were unsuccessful, and therefore propose such an alternative.
Energy Audit Related Question
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E1.If a building has been issued more than one COCR due to management purposes, is it permissible to consolidate the mandatory energy audits into a single audit for compliance purposes?
In principle, each COCR requires a separate energy audit. However, flexibility is allowed to consolidate multiple audits into a single comprehensive one, provided that all the portions covered by these COCRs are under the same ownership. Since the Energy Audit is building-based, it is generally encouraged to combine the audits where appropriate, taking into account factors such as building usage and operational characteristics.
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E2.How can I check the Building type in respect of schedule 1 and schedule 4 of the ordinance?
For buildings issued with a COCR, reference may be made to the building type declared in the Stage 2 submission. In cases where a building does not have a COCR, other statutory documents such as the Occupation Permit (OP), land leases, or the Outline Zoning Plan may be referenced, or the principal intended use of the building may be considered to determine its classification.
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E3.Is a building or a portion of a building issued with a COCR such as a community centre within a commercial development that holds its own COCR due to separate ownership required to undergo an energy audit?
The requirement to conduct an energy audit depends on whether the community centre is physically separated from other buildings of the main development, as the mandatory energy audit applies primarily to the building as a whole rather than individual premises. If the community centre is not a physically standalone structure, it would not be required to undergo a separate mandatory energy audit.
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E4.Is it permissible to consolidate multiple buildings within a development into a single energy audit?
If a group of buildings belongs to the same ownership, shares identical usage, and is physically connected, the building owner may be permitted flexibility to consolidate them into a single energy audit. For example, this arrangement may apply to a hospital complex where the Operating Theatre (OT) block and Pathology block are physically connected, or to a composite development consisting of a podium and tower portions holding separate COCRs—such arrangements can be combined based on actual circumstances. Once the consolidation approach for energy audits is determined, subsequent energy audit submissions should maintain consistency.
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E5.For newly added building types under Schedule 4 of the Ordinance, if an energy audit was conducted on or after 21 September 2012 but before the relevant compliance date (i.e. 20 September 2026), can this audit be considered valid as a mandatory energy audit?
In accordance with Section 53 of the Ordinance, if an energy audit is conducted by a Registered Energy Assessor (REA) in compliance with the specified Code of Practice on or after 21 September 2012 but prior to the relevant compliance date, such audit shall be deemed the first energy audit would have been carried out on that relevant compliance date (i.e. 20 September 2026). Subsequent energy audits are to be conducted at five years interval from the first energy audit date.
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E6.Can an energy audit conducted on 1 September 2024 for a healthcare building, performed by a Registered Energy Assessor (REA) in accordance with the Energy Audit Code (EAC) 2021 and accompanied by the issuance of Form EE5, be considered a valid mandatory energy audit fulfilling compliance requirement under Buildings Energy Efficiency (Amendment) Ordinance 2025?
Pursuant to Section 53 of the Ordinance, as the energy audit was conducted by a Registered Energy Assessor (REA) in accordance with the Energy Audit Code (EAC) 2021 on 1 September 2024 (i.e., after 21 September 2012 but before the relevant compliance date) and was accompanied by the issuance of Form EE-5, the audit shall be deemed the first valid energy audit conducted on 20 September 2026. The building owner is also required to complete the data disclosure form (i.e., Form EE-D) and submit it together with the energy audit report and a copy of Form EE-5 as a complete set of submission. The Electrical and Mechanical Services Department (EMSD) will issue an acknowledgment letter confirming that the energy audit is considered to be carried out on 20 September 2026.
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E7.Can an energy audit conducted on 1 September 2024 for a school building, performed by a Registered Energy Assessor (REA) in accordance with the Energy Audit Code (EAC) 2021 but without the issuance of Form EE5, be considered a valid mandatory energy audit fulfilling compliance requirement under Buildings Energy Efficiency (Amendment) Ordinance 2025?
Although the energy audit was conducted by a Registered Energy Assessor (REA) on 1 September 2024 (i.e., after 21 September 2012 but prior to the relevant compliance date), the absence of the accompanying Form EE5 constitutes non-compliance with the applicable Energy Audit Code. Consequently, this audit cannot be recognized as the first valid energy audit.
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E8.Is a mandatory energy audit required for a development where the shopping mall occupies the podium levels and a licensed hotel is situated on the tower levels?
In accordance with schedule 4 of the ordinance, a portion of a composite building that is for commercial use would be required a mandatory energy audit. In this case, the shopping mall qualifies as commercial use, whereas the licensed hotel does not fall under the commercial use category as defined by the Ordinance. Therefore, this development meets the definition of a “composite building,” being partly for commercial use and partly for non-commercial use. Consequently, the shopping mall portion is required to undergo a mandatory energy audit, while the licensed hotel portion is exempted from this requirement.
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E9.Is a mandatory energy audit required for a school physically attached with a church?
When determining whether the school requires a mandatory energy audit, it should be noted that if the gross floor area (GFA) used for educational purposes exceeds 50% of the building's total GFA, and the building's total GFA exceeds 7,000 sqm, the entire building (including both the school and church portions) shall be regarded as a building principally occupied for an educational purpose under Schedule 4 of the Ordinance and is therefore subject to a mandatory energy audit.
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E10.In a community building owned by Owner A, where multiple floors are allocated to different NGOs, what is the scope of the mandatory energy audit, and who holds the responsibility for its execution?
In this case, the building owner (i.e., Owner A) assumes the legal responsibility for conducting the mandatory energy audit. The scope of the audit will be concentrated on the Central Building Services Installations (CBSIs), defined as any building services installations in this building that does not solely serve a unit of this building. Consequently, building services installations dedicated solely to a specific NGO’s unit are excluded from the mandatory energy audit scope.
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E11.If a commercial building with GFA 6,000 sqm who had previously conducted mandatory energy audit and currently displaying Form EE5 in accordance with Section 23 of the ordinance, would it still be required to display Form EE5 after enactment of the Buildings Energy Efficiency (Amendment) Ordinance?
After the enactment of the Buildings Energy Efficiency (Amendment) Ordinance, commercial buildings with a gross floor area (GFA) of less than 7,000 m² are no longer required to conduct an energy audit under Part 4 of the Ordinance. Consequently, these buildings are also not required to display Form EE5. Nevertheless, carrying out a voluntary energy audit is still encouraged to identify energy-saving opportunities and enhance building performance.
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E12.If a building previously required an energy audit but is now excluded following the implementation of the Buildings Energy Efficiency (Amendment) Ordinance, do I need to write to EMSD to confirm the exclusion of this liability?
As per section 21(3) of BEE(A)O, energy audit would not be applicable to buildings if the GFA of the building does not exceed 7,000 sqm (except data centre) and provided that the energy audit is required to be carried out on or after the effective date of 20 Sep 2026. For a proper record and voluntary bases, it would be preferable if the building owner can inform Energy Efficiency Office by letter to provide the relevant information and GFA of the building.
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