Cap 123 s 21 Occupation of new building (Buildings Ordinance)

Contents of Section

Chapter:	123	Title:	Buildings Ordinance	Gazette Number:	E. R. 1 of 2012
Section:	21	Heading:	Occupation of new building	Version Date:	09/02/2012

(1) No new building shall be occupied in any way except by not more than 2 caretakers unless—

(a) in respect of such building the Building Authority has issued an occupation permit; or

(b) in respect of the whole or any part of the building which is being occupied there is a temporary occupation permit, issued by the Building Authority, which temporary occupation permit has not expired and has not been revoked by the Building Authority. (Amended 23 of 1969 s. 5; 68 of 1993 s. 12)

(2) On receiving an application in the appropriate specified form, the Building Authority may issue— (Amended 68 of 1993 s. 12)

(a) an occupation permit in respect of the new building which is the subject of such application; or

(b) a temporary occupation permit in respect of the whole or any part of a new building which is completed and which is the subject of the application. (Amended 23 of 1969 s. 5)

(3) On the issue of a temporary occupation permit, the Building Authority may impose such conditions as he may consider necessary including a condition limiting the duration of the temporary occupation permit to such period as he may consider necessary and may revoke a temporary occupation permit for breach of any such condition by the service on the building owner of notice of revocation in writing. (Amended 68 of 1993 s. 12)
(4) If an occupation permit is issued in respect of a building, every temporary occupation permit issued in respect of the whole or any part of the building shall thereupon be deemed to have been revoked. (Amended 23 of 1969 s. 5)
(5) If a temporary occupation permit in respect of the whole or a part of a building has been revoked or has expired and an occupation permit has not been issued in respect of the building, the provisions of subsection (1) shall apply to the building or to such part of the building, as the case may be, on the expiration of 7 days from the expiry or revocation of the temporary occupation permit. (Amended 23 of 1969 s. 5)
(6) The Building Authority may refuse to issue a temporary occupation permit or an occupation permit under this section where—

(a) any part of the building works has been carried out in contravention of any of the provisions of this Ordinance;

(b) any street works required under the provisions of this Ordinance in connexion with any new private street or any access road, on to which the building abuts or fronts or by which access is obtained, remain to be completed;

(c) in the case of a building in which a liftway is provided, a lift has not yet been installed therein, unless the liftway has been protected to the satisfaction of the Building Authority in such manner as to avoid any danger to persons using the building;

(d) in the case of a building the plans whereof were certified by the Director of Fire Services in the terms indicated in section 16(1)(b)(ii), the applicant for the permit fails to produce to the Building Authority a certificate from the Director of Fire Services in such form as may be prescribed certifying that he is satisfied that the fire service installations and equipment shown on the plans aforesaid have been provided and are in efficient working order and satisfactory condition; (Added 3 of 1964 s. 3)

(e) in the case of a building to which by regulations a supply of water is required to be connected for any purpose, the Building Authority is not satisfied that connexion of a supply of water for every such purpose, which complies in every respect with all the requirements of the regulations, has been made to the building; or (Added 16 of 1966 s. 6)

(f) any performance review as required under item 6(g) in Column B of section 17(1) in the opinion of the Building Authority fails to state or justify that the building works have been adequately inspected and monitored in the course of construction or that the geotechnical design assumptions upon which the building works have been based are valid. (Added 41 of 1982 s. 6. Amended 52 of 1990 s. 5; 39 of 2000 s. 4)

(7) Upon the expiration of 14 days from the date of receipt by the Building Authority of an application in the appropriate specified form, for a temporary occupation permit or for an occupation permit, such permit shall be deemed to have been granted unless the Building Authority has by notice in writing served on the building owner refused to issue such permit, specifying the ground for such refusal. (Amended 68 of 1993 s. 12)
(8) Where, in respect of a new building, an application under this section for a temporary occupation permit or for an occupation permit is submitted within 60 days of receipt by the Building Authority of a performance review required under section 17 in respect of building works for that building, the application shall, for the purpose of subsection (7), be deemed to have been received 60 days after receipt of the performance review. (Added 41 of 1982 s. 6)

(Replaced 37 of 1961 s. 2)