新建建築物 Newly Constructed Buildings
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- 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.)
- 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. However, it is still required for a “consent” covering both foundation and superstructure. 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.
- 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”?
Stage one declaration is required for each “consent”. 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.
- 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.