Building Plans Submission (AP/RSE) (Hong Kong)

A Building Plans Submission (AP/RSE) in Hong Kong records the information required to apply for the registration or permit involved.

Section 14 of the Buildings Ordinance (Cap. 123) prohibits any person from commencing or carrying out building works without the prior approval of the BD, except for certain exempted works and minor works governed by the Building (Minor Works) Regulation (Cap. 123N). The AP appointed by the building owner is responsible for preparing and submitting building plans, certifying compliance, and supervising the works throughout construction. The AP must be a registered professional on the BD's AP Register — a registered architect under the Architects Registration Ordinance (Cap. 408), a registered engineer under the Engineers Registration Ordinance (Cap. 409), or a registered surveyor under the Surveyors Registration Ordinance (Cap. 417).

For projects involving structural works, a Registered Structural Engineer (RSE) must also be appointed. The RSE is responsible for structural design, the preparation of structural drawings and calculations, and the certification of structural adequacy. On projects involving geotechnical works — slopes, retaining walls, deep excavations, or foundation works in complex ground conditions — a Registered Geotechnical Engineer (RGE) may additionally be required to submit and certify geotechnical aspects of the plans.

The BD processes building plan submissions using its electronic Plans Approval System (ePlan), which allows the AP to submit plans, drawings, and documents electronically. The BD's published target processing time for straightforward submissions is 60 days from receipt of a complete application. During processing, the BD's checking engineers review the plans for compliance with all applicable requirements, including the Building (Planning) Regulations (Cap. 123F) — which govern site coverage, plot ratio, building height, and open space provisions — and the Building (Construction) Regulations (Cap. 123B), which govern structural design standards.

The building plans approval process in Hong Kong is separate from and in addition to the planning approval process under the Town Planning Ordinance (Cap. 131). For development proposals involving uses or intensities that require planning permission from the Town Planning Board — such as development in a Complete Development Area (CDA) zone or works requiring a Class B or Class C application under Cap. 131 — planning permission must be obtained before or concurrently with the building plans approval process. The BD will not approve building plans for proposals that have not received the requisite planning permission.

Once building plans are approved, the AP must notify the BD at least 14 days before commencement of building works, and again upon completion. The AP certifies completion on Form BD 5 and applies for an Occupation Permit (OP) under section 21 of the Buildings Ordinance, certifying that the completed building complies with the approved plans and all applicable requirements.

A Building Plans Submission to the Buildings Department is required whenever a building owner proposes to carry out building works in Hong Kong that fall outside the minor works scheme under Cap. 123N and that require formal BD approval under section 14 of the Buildings Ordinance (Cap. 123).

New building construction — whether residential, commercial, industrial, or institutional — requires a full building plans submission under section 14 before any site works commence. This applies to all new buildings regardless of size, subject only to statutory exemptions for very minor structures such as small temporary works covered by government permits.

Major alterations and additions (A&A works) to existing buildings require building plans approval where the works affect the structural elements of the building, increase the gross floor area (GFA) of the building, alter the means of escape or fire safety installations, or change the use of the premises. Common A&A projects requiring BD approval include: adding floors to an existing building, constructing rooftop structures, constructing internal extensions within an existing building envelope, and carrying out substantial internal alterations affecting load-bearing walls or floor slabs.

Demolition of existing buildings requires a building plans submission for the demolition works, along with a demolition plan that addresses structural stability, site safety, dust and noise control, and protection of adjoining properties. Section 14 of Cap. 123 applies to demolition works in the same way as to construction works.

Change of use of premises — converting a residential building for commercial use, or an industrial building for office or residential use — typically requires building plans approval because it affects fire safety provisions, means of escape, ventilation, sanitary fitments, and potentially the structural loadings. The BD will not approve an Occupation Permit for a changed use without reviewing revised building plans.

A project involving erection of a new lift installation, addition of a fire service installation, or substantial modification of the drainage system also requires the submission and approval of relevant specialist plans under the applicable building regulations, typically as part of a broader building plans submission.

Building owners whose properties have existing unauthorised building works (UBWs) that they wish to regularise may need to submit plans for regularisation approval. The BD's enforcement policy against UBWs has become increasingly vigorous, and regularisation through proper building plans submission is the recommended approach for owners of affected properties.

A Building Plans Submission to the Hong Kong Buildings Department under Section 14 of the Buildings Ordinance (Cap. 123) must include the following key elements to constitute a complete and valid application.

The cover letter from the AP must identify the building owner, the site address and lot number, the nature of the proposed works, the reference to the statutory provision under which approval is sought (Section 14 of Cap. 123), and the list of documents enclosed. The AP must certify in the cover letter that the submitted plans comply with the Buildings Ordinance and the building regulations. For electronic submissions via the BD's ePlan portal, the cover letter and certifications are submitted through the portal.

General building plans must include floor plans, roof plans, elevations, and sections drawn to an appropriate scale (typically 1:100 for floor plans and 1:500 for site plans). The plans must show: the overall site layout; existing buildings and proposed new works; floor-by-floor GFA calculations with reference to the plot ratio and site coverage provisions under the Building (Planning) Regulations (Cap. 123F); external dimensions; fenestration; and means of escape in compliance with the Code of Practice for the Provision of Means of Escape in Case of Fire (CoP MEFS) issued by the BD.

Structural plans and calculations, prepared and certified by the Registered Structural Engineer (RSE), must demonstrate that the structural design complies with the Building (Construction) Regulations (Cap. 123B) and the relevant structural codes. The structural submission includes the foundation design, structural framing plans, reinforcement details, and the RSE's structural calculation report. The RSE's certification (Form BD 5 or equivalent) must accompany the structural plans.

Fire service installation (FSI) plans must comply with the requirements of the Fire Services Department and the Code of Practice for Minimum Fire Service Installations and Equipment. FSI plans are typically prepared by a qualified fire service installation contractor registered with the Fire Services Department and must be submitted as part of the building plans package.

Drainage plans must comply with the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap. 123I) and demonstrate that all drainage connections are properly designed and connected to the public drainage system operated by the Drainage Services Department (DSD).

Energy efficiency assessments under the Building Energy Efficiency Ordinance (Cap. 610) are required for commercial buildings above a specified size. The assessment demonstrates compliance with the Building Energy Code published by the Electrical and Mechanical Services Department (EMSD).

Accessibility compliance documentation under the Design Manual: Barrier Free Access 2008 (revised) issued by the BD must show that the proposed works provide the required barrier-free facilities — accessible entrances, lifts, toilets, and car park spaces — in accordance with the Design Manual requirements.

The AP's appointment particulars must be formally recorded in the submission, including the AP's registration number on the BD's register under the Architects Registration Ordinance (Cap. 408) or Engineers Registration Ordinance (Cap. 409), their professional qualification, and a copy of their appointment letter from the building owner. The RSE's appointment details must similarly be included.

The BD's target processing time for straightforward submissions is 60 days from receipt of a complete application under the Buildings Department's published service pledges. If the BD rejects the submission, the AP may revise and resubmit or appeal to the Appeal Tribunal (Buildings) under Section 44 of Cap. 123 within 56 days of the BD's decision. forms-legal.com provides this Building Plans Submission cover letter and checklist template for use by APs, RSEs, and building owners in Hong Kong.