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Frequently Asked Questions

Newly Constructed Buildings

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  1. 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.)

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  2. 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.

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  3. 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.

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  4. 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.

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  5. 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.

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  6. 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.

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  7. 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.

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  8. 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.

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  9. 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.

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  10. 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.

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  11. 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.

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  12. 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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