By John Lam Asset Enhancement • Building Law • 0 Comments

Does “Exempted Works” Matter you ? Court Case Referred

Unauthorised Building Works be the Deal Breaker 

In the court case Mariner International Hotels Ltd v Atlas Ltd (2007) 10 HKCFAR 1 , the parties involved were in legal fight about the Sale and Purchase agreement. One side was looking to exit the contract due to the steep down of the slump property market. The strategy they have adopted was to pinpoint some alleged unauthorised building works which might cause a toll to the “title”.  The court case was regarding a hotel valued more than HK$1 billion in 1996. The interesting thing in this case was the decision in Court of Appeal was revolved finally in the Court of Final Appeal. The definition in Section 41(3) of the Building Ordinance were subject to high scrutiny to its literal meaning and legal intention.

https://www.agoda.com/bay-bridge-lifestyle-retreat/hotel/hong-kong-hk.html?cid=1844104

The three structures involved in the court case (all on the roof of the hotel):

  1. Concrete plinths: a base for an air-conditioning chiller plant
  2. Gondola post: part of the system for cleaning the exterior walls and glass of the buildings
  3. An opening in the roof slab: for passage of a chilled water return pipe

Concrete plinths: https://www.bd.gov.hk/en/building-works/minor-works/minor-works-items/index_mwcs_items_c2b.html

Gondola post: https://sites.google.com/a/astec-technology.com.sg/astec-technology/product/BMU-System-Gondola-System/BMU-Davit-Arm-Gondola-System

An opening in the roof slab: https://www.roof.hk/kwun-tong-all

 

Section 41(3) of the Building Ordinance (version in 1996):

In 1996, Building works other than drainage works, ground investigation in the scheduled areas or site formation works not involving the structure of any building may be carried out in any building without application to or approval from the Building Authority.(Amended 44 of 1959 s. 21; 41 of 1982 s. 11; 52 of 1990 s. 8)

Provided that nothing in this subsection shall permit any building works to be carried out in contravention of any regulation.

The party putting forward the allegedly unauthorised building works argued that the structure on the roof of the hotel are not“in” the building and “involving the structure of the building”.

2004: Court of First Instance (decision later revolved by CFA) 

The judgement of Court of First Instance was issued in 2004, the judge thought that all three structures fall in the criteria listed in Section 41(3) of the Building Ordinance, therefore, they are not unauthorized building works.

  • Structures were “in” the building:

The judge thought that the three structures were “in” the building because they could be reached only by entering the hotel.  “In” is expressed in a broad sense, to denote a physical juxtaposition which may not necessarily include a complete enveloping. Examples “in” the building such as works which were within the parapet walls or the external envelope of the building were given by the judge. To support this view, the judge referred to the text of a bill to amend the Building Ordinance which proposed to change the section 41(3) to “works which are to be carried out inside an existing building”. The judge thought that this showed the government considering “in” did not mean “inside”.

  • Structures do not involve structure:

Second, the judge equating “involving the structure” with “structural”, which means, to affect or involve the structure, building works had to be a structural element. Hence, placing a heavy weight on the roof, or bolting it to the roof, did not mean it had become part of the structure, even though the weight had to be taken into account in loading calculations. Unfortunately , this “involving structural element” explanation was later rebutted by CFA.

2007: Court of Final Appeal

Nonetheless, the judgement of Court of Final Appeal reverse the decision made by the Court of First Instance.

  • Structures were not “in” the building:

Lord Bokhary PJ agreed that the interpretation of wordings in Section 41(3) should be narrowly in a manner consistent with the statutory scheme of which it formed part instead of a broad manner as mentioned by the judge in the Court of First Instance. It is because the purpose of the building legislation is to protect the public by subjecting structural acceptability to the scrutiny of the Building Authority, widening the exemption would reduce the scrutiny.

As regard “in the building”, Bokhary PJ’s view was that works on the roof of a building are not “in” it. There was, he observed, a purposive difference, relevant to safety, between building works protected from the elements by being in the building and those exposed to the elements.  Also, building works on the roof of a building are not ”in” it. Bokhary PJ then also added that he would not cut down the meaning of the word “in’ by recourse to the proposed amendment by which “inside” would be substituted for “in”, since the judge thought that the proposed amendment is to avoid doubt.

Another Court Case Concerning the Definition of “in” the building:

In Bright Dragon Properties Limited v Director of Lands, the judge express that “in” the building means within the parameters and under the ceiling cover of the building.

  • Structures not involve building structure:

Lord Bokhary PJ held the view that building works which served a structural function or were capable to affect the integrity of the structure are involving structure of the building.

To exempt from applying to or getting approval from the Building Authority before construction, the building works should be not involving the structure of the building and in the building. Both criteria should be achieved in order to exempt from approval. Hence, even if only one criterion is achieved, and the building work did not approved by Buildings Department, the building work will also be classified as Unauthorised Building Works (UBW).

2007: Amendment of Buildings Ordinance and Implementation of Minor Works Control System:

This court case attract attentions from different parties and speed up the amendment of Buildings Ordinance in 2007. To facilitate building owners and occupants in carrying out small-scale building works which do not falls into the exemption of Section 41(3), the Buildings Department imposed a Minor Works Control System. If building owners carry out building works that falls into the scope of Minor Works Control System but did not submit the required documents, the building works will be classified as Unauthorized Building Works (UBW).

  • Government proposed version

“Building works (other than drainage works, ground investigation in the scheduled areas, site formation works or minor works) in any building are exempt from sections 4, 9, 9AA, 14(1) and 21 if the works do not—

(a) alter the structural elements of the building; and

(b) bear any imposed load, wind load or dead load other than that due to their own weight.”

  • The wordings in proposed version was unclear commented by HKIS

Later on, HKIS submitted comments regarding the Buildings (Amendment) Bill 2007. They asked for clarification for the phase “bear any imposed load or dead load other that than due to their own weight”, because many very small scale building works also bear some imposed load, for example, the installation of hanging cabinet in kitchens or hanger rails in bathrooms.

Hanging Cabinet: https://www.realdealstubblefield.com/learning-to-install-kitchen-cabinets/

Hanger Rails: https://xiduoli.en.made-in-china.com/product/KOSEVDTdLGkX/China-Bathroom-Hotel-Wall-Mounted-Bath-Holder-Brass-Hanger-Rail-Towel-Rack.html

The Bill Committee Members agreed that certain exempted works are likely to bear imposed load and the proposed section 41(3)(b) could not clearly reflect the policy intent. The Administration was requested to improve the drafting of section 41(3).

  • The Administration modify the wordings

Then, the Administration clarified that furniture or fixtures such as kitchen cabinet or hanging rails within buildings are exempted in policy intent. The Administration admitted that the proposed wordings cannot clearly reflect the policy intent and planned to modify the wordings.

Today Current Version

“Building works (other than drainage works, ground investigation in the scheduled areas, site formation works or minor works) in any building are exempt from sections 4, 9, 9AA, 14(1) and 21 if the works do not involve the structure of the building.”

 

GBE welcomes comments from Professionals and enquiries from the Public

By John Lam Asset Enhancement • Building Law • Building Technology • Design 0 Comments

COVID-19 Outbreak From Fitness Centre and Restaurant

Top News

Call it an oversight or yet another loophole in social-distancing measures, but Hong Kong is again gripped by a serious Covid-19 outbreak. Centred on a gym in Sai Ying Pun, the cluster on Friday accounted for 47 cases that contributed to a dramatic surge in the city’s daily number of infections to 60.

Whether it heralds a fifth wave of the epidemic, as some experts are suggesting, is irrelevant; what matters is that for all our experience with the disease, a foolproof approach to containing its spread has still not been formulated.

The super-spreading event at Ursus Fitness seemingly resulted from instructors and customers not wearing masks. They were not required to; authorities had exempted people from wearing masks if doing vigorous exercise, even in indoor public places.

This is despite Covid-19 being spread by people exhaling and that being more pronounced when they are exercising. Belatedly, the government has reinstated the requirement of mask-wearing. All gym staff in the city have been ordered to have a coronavirus test by Sunday.

The oversight has been highly disruptive; in addition to the staff and customers who have tested positive and the gym’s closure for deep cleaning, 240 people who visited recently have had to be quarantined. Some were believed to be bankers, lawyers and educators, and offices and colleagues have been affected.

Source: https://www.scmp.com/comment/opinion/article/3125297/hong-kong-gym-outbreak-again-underlines-need-exercise-caution

VENTILATION IS KEY TO FIGHT COVID-19 TRANSMISSION

Source: https://www.scmp.com/news/hong-kong/health-environment/article/3123251/hong-kong-expecting-around-20-new-coronavirus

According to The Wall Street Journal, after urging steps like handwashing, masking and social distancing, researchers say proper ventilation indoors should join the list of necessary measures. Health scientists and mechanical engineers have started issuing recommendations to schools and businesses that wish to reopen for how often indoor air needs to be replaced, as well as guidelines for the fans, filters and other equipment needed to meet the goals.

Source: https://www.wsj.com/articles/key-to-preventing-covid-19-indoors-ventilation-11598953607

The above videos show how airflow can be visualized without a mask.

Ventilation System to Become an Integral Part Property Grading

Office interior with white columns and panoramic windows in modern loft. Many green plants in pots in workroom with laptops on tables with chairs and cups at daylight, flat lay, nobody, free space

The latest outbreak served as a dire warning for Hong Kong. Covid-19 shined a harsh light on how ventilation can impact business continuity and endanger capex investment. Ventilation provision has become a strict prerequisite for businesses that comes before any initial capital investment and expenditures in order to ensure business continuity.

Which operation demands ventilation

Obviously, all operations require ventilation, but what the standard of ventilation is and how to achieve it? The laws involved are from Schedule 2 of Public Health and Municipal Services Ordinance (Cap.132) and the Buildings Ordinance (Cap. 123). The former legislation is to control “SCHEDULED PREMISES” where crowded space is anticipated while the latter legislation deals with office space.

Second Schedule
[ss. 2, 93 & 102]
Scheduled Premises
(Format changes—E.R. 4 of 2019)


Class of premises		 No. of cubic metres per hour for each person who may be accommodated in the premises
Cinemas
13
Dancing establishments
17
Factory canteens
17
Funeral parlours
17
Restaurants
17
Theatres
13
(Amended 61 of 1974 s. 12; L.N. 89 of 1979; L.N. 366 of 1989; E.R. 4 of 2019)

Air Supply Vs. Air Change

The current standard enforced in ventilation in office buildings is the volume of “air supply”, not numbers of air change. There is a huge difference between these two concepts. Air change, which is repeatedly mentioned by the microbiologist, is NOT mentioned by the law.

Massive ducting is needed for air change results no incentive for better system

To achieve the required air change standard, the ducting quantity and sizing is likely almost double than that of normal air supply provision, making it almost impossible for many offices and premises to achieve. Developers are used to providing the minimum standard as required by the law, and not catering to users nor designed for preventing viral outbreak.

Proper Air Treatment System is the Silver Shield

Along with WFH, Social Distancing is an implied feature of our society today. With the slow adoption of the vaccine due to issues stemming from logistics and mistrust, we can expect that limitations on physical gathering may still be in place for the better of 2021. This means that businesses and schools may experience intermittent closures, and productivity technologies such as Zoom will become a more permanent part of work.

Creating indoor air circulation system with Air Treatment

Source: https://www.wsj.com/articles/key-to-preventing-covid-19-indoors-ventilation-11598953607

While air change with external air involves substantial ducting engineering, many operators may consider building the internal circulation system to significantly improve the air quality. There are different types of air purifiers in the market which can kill virus and improve air quality of the indoor environment. The size of your room is an important factor for choosing a suitable Air purifier. Bigger spaces will need larger air purifiers so make sure you choose an air purifier that can operate in a space that is 20-40% larger than the room for the best performance. GBE offers site inspection services for air quality control and recommends the air purifier for your best suit. Please contact us for more details.

See How Strategic Air Purifier Placement Reduces COVID Virus Spread Within Music Classrooms

Air Purification System Selection

 

There are different types of air purifiers in the market which can kill virus and improve air quality of the indoor environment. The size of your room is an important factor for choosing a suitable Air purifier. Bigger spaces will need larger air purifiers so make sure you choose an air purifier that can operate in a space that is 20-40% larger than the room for the best performance. GBE offers site inspection services for air quality control and recommends the air purifier for your best suit. Please contact us for more details.

 

By Samson Tam Building Technology • • • 0 Comments

Visual Information Technology in Surveying and Engineering Industries – Part 2

The coronavirus pandemic has affected most of the people around the world. After one year of affection, people started to change their work habits and business model in order to suit this unexpected situation. Work from home(WFH) become the most common arrangement for millions, increasing numbers of people had been saying goodbye to their office. Thanks to communication technologies like skype, Facetime, Slack, Zoom, Google Hangouts and etc; people can still connect and communicate with each other. However, for surveying and engineering industry, inspection or measurement are still necessary work on site. Today we are going to look through how technology may help our architects, engineers, surveyors and all stakeholders to inspect and work throughout the visual information.

Brief History of 360 Panorama

Virtual reality, aerial panorama and 360 panorama are great technologies to use for providing information to all stakeholders. In 1826, Joseph Nicéphore Nièpce invented photography; he took the first photo in the world for more realistic visual information.

 

Credit: https://www.bygonely.com/bg_item/photography-1793-by-joseph-nicephore-niepce/

After the photography was invented, the first panoramic photo camera has invented since 1843. Here is the vintage panoramic photo taken by George Barnard in 1864 which can show clearly and more information throughout the photo.

 

 

Credit: https://www.loc.gov/resource/pan.6a00039

Evolution of Action Camera

Thanks for the technology so far, action camera can take panoramic photo in one single shot. The first GoPro camera was launched commercially in 2004.

 

 

Credit: https://media.techeblog.com/images/first-gopro-camera.jpg

With GoPro evolution, action camera is a suitable camera in all extreme condition which is the best tool for inspection. However, for either filmmaking or inspection; more visual information which help the editors or inspectors easier to get the information. Therefore, people use the action camera for 360 films or 360 photos

 

Evolution of GoPro Action Camera

Credit: https://cheesycam.com/first-problems-with-gopro-hero4-4k-camera-dangerous-battery/gopro-evolution-original-hero-hero2-hero3-hero3-plus-hero4-4k/

GoPro Omni 360

Credit: https://vrscout.com/news/gopro-360-omni-camera-rig-on-sale/

 

From Action Camera to 360 Camera

As the spherical 360 panoramas taken from the GoPro device above still need to use the software to align and edit. It is such a time consuming work flow and not easy for normal people. Luckily, Ricoh has latched their first 360 camera which is the world’s first commercially available spherical camera. This camera become the best tool for inspection which is easy to use and edit in order to get the information.

 

 

Credit: https://theta360.com/en/

Ricoh Theta Sample Photo

 

GBE used both Mi sphere and Insta 360 One X as our inspection tools for visual inspection which the 360 camera helps all stakeholder easy to review the footage and capture the information throughout the image. Here is our first YouTube clip for using 360 camera in our inspection project which give a brief idea of how 360 camera can provide information.

MI Sphere Camera

Credit: https://qwertyarticles.com/2018/06/30/the-world-seen-from-360-degrees-a-mi-sphere-camera-review/

 

Insta 360 One X

Credit: https://www.insta360.com/hk/product/insta360-onex

Visual Information from 360 Camera

By using the software provided by 360 camera manufacturer, the stakeholder can easily capture and collect information from the footage which can easily work remotely and share information to collaborate with others in every project. Here are the sample of the GBE project for you guys to have some idea how the picture can be capture through the software.

 

Here are other sample photos captured from Insta 360 One X

 

In next chapter, we will go through the 3D virtual space by using the latest technology and 360 camera in our industry for visual information.

By John Lam Asset Enhancement • Building Law • Design 0 Comments

Turning Non-domestic space to Domestic usage for Public Rental Housing

To boost the housing supply is the urgent needs in today HK. Although many resources such as transitional housing and new town development are allocated , GBE has been working on two interesting cases which are to convert the “non-domestic space” to domestic usage. We love to sharing our experience to all reader.

Technical Hurdle for conversion 

There are many technical consideration to the conversion. To list some, the issues cover the “GFA” , “site coverage”, natural lighting and ventilation, open space, Fire safety are all in the radar . On top of this , some tricky issues such as concrete cover ; width of re-entry for open space; barrier free access ; provision of gas aperture , Kitchen, sanitary fitment and the clear headroom for the domestic space are all counting on.

Overcome the hurdle

It is technically complex to resolve all the issues in one scheme. We have to prioritise the amount of effort to resolve each problem. Honestly , some of the technical hurdle may be too costly to resolve or even not possible to overcome

  • GFA and site coverage is the most tricky

Among all the hurdles, the GFA and site coverage are the most pertinent and profound factor. We have had a blog talking about the GFA conversion. Honestly , in the case of conversion, we usually have to rebuild the entire GFA calculation and site coverage from scarp. It boils down to the classification of site, open space and roof cover area. It is highly tedious but technical process.

  • Lighting and ventilation / fire safety 

Many peers usually have the impression that these are resolvable and always undermine the inherent difficulties. Let us share you one point, the importance of the RHS and prescribed windows are always in the play. Since the RHS is dictated much by site surrounding and site boundary, it eventually restricts the design of light/ventilation very much

The same hurdles happens to the fire safety. Some of the professional may overlook the essence of the concrete cover and believe the fire proofing materials be helpful. Unfortunately , the clear headroom of the space is always very limited and the resulted headroom after the new fire protection layer added may lead to inadequacy, it sounds ridiculous but it did happen.

  • Sanitary Fitment and Kitchen 

These are not usually posing difficult , but the problem raised from the gas aperture for the bathroom, the RHS for kitchen and the drainage provision for the sanitary fitment. The gas aperture’s design demands a lot of the space consideration while the kitchen needs the RHS. When all these factors come together, the layout of the apartment becomes quite challenging

Looking forward to the future

While a lot of resources have been allocated to MiC , Transitional housing and New town development , we can see there are some abandoned or under-utilised space in urban area , which can be converted into the habitation purpose. We have attempted successfully such conversion in some old districts in Hong Kong. We hope we can bring more similar cases for sharing in future

 

By Candy Yip Design • Real Estate • • • • 0 Comments

Click here to know more about building defects!

There is always an indispensable relationship between buildings defects, structural stability, and public health. In general, non-structural cracks, structural cracks, concrete spalling, defective external wall finishes and water seepage, etc can be the common types of building defects, which can be easily found in buildings in which do not receive proper maintenance and repair.

Photo showing concrete spalling from the ceiling

Photo showing cracks inside staircase

Photo showing concrete spalling

Photo showing external wall tiles was found missing

Today, as a surveyor graduate trainee, I want to share some causes for the development of building defects. There can be a combination of factors in causing the above-mentioned defects. All property will face some sort of defects during its life span. As a surveyor graduate trainee, we shouldn’t solely focus on the physical look of building defects, we need to observe the surrounding environment and the actual usage in concluding the cause of the particular building defects.

Design, material, construction, usage, and maintenance are the common angles in diagnosis the causes of defects. Taking concrete spalling as one of the examples, given the design stage, when the building is located near the sea, the chloride attack raised from the sea may corrode the steel bar. With the corrosion of the rebar, the volume of rebar inside the concrete will expand 8 times. Crack and concrete spalling may be found.   At the same time, concerning the construction stage, the high water-cement ratio may bring void for the concrete surface due to the increase in permeability, which has the potential possibility to enhance the corrosion of rebar (you can refer to the blog from GBE dated on 28 June 2020). From the above reasons, we understand that the building defects may not be caused by a single reason only. It is the responsibility of the professional to conduct a detailed building inspection before jumping to a conclusion.

Photo showing the stage of rebar corrosion (retrieved from structural engineering blog)

Water Seepage is also a common building defect in aged buildings. The sources of water may come from rain, groundwater, element, condensation, plumbing, drainage, and user activities. When we observe some symptoms like water stains, water dripping, rusty stains, peeling of paint during the inspection, suspected water seepage maybe happened. Before diagnosing the source of water seepage, a preliminary desk study is required (if you wanna know about the details of desk study in how to tackle the annoying issue comes from water dripping in the living area, you mustn’t miss the blog from GBE dated on 4 Jan 2021). We may need to collect some background information like the location of dampness, the frequency of occurrence, the extent of the dampness, repair record, any complaints on the water seepage in identifying the source of such dampness. Visual Inspection and some testing tools like moisture mete can be applied in determining the source of seepage. In some cases, where we suspected the water seepage was caused by the defective waterproofing membrane from the upper unit or roof, a water ponding test may be adopted. At the same time, when we suspected the water dampness was raised by the leakage of the plumbing pipe, a meter test can be adopted in deterring the actual source of such seepage.

Photo showing a suspected case of water seepage

In order to maintain a safe and healthy environment for occupants, routine inspection, repair works, and maintenance works are suggested to carry out in every building.

By John Lam Uncategorized 0 Comments

Misery water seepage sources – Annoying water dripping in the middle of living area

Again , again and again, the water seepage investigation demands a highly complex analysis to both in-situ environment and desk study. The case presented here has been left unresolved over 2 years before GBE was called on board and finally took the issue to the end.

 

The annoying water dripping in middle of living area.

The building is a 4 storey house. It is generally deemed a luxury town house in Hong Kong. A water damp appeared on the ceiling of ground level where is the living area for family gathering. The damp worsened onward and started water dripping everytime the heavy rainfall happened. The seepage spot is about 8m away from the external wall. It became very misery where the water came.

Don’t undermine the importance of desk study 

Having reviewed the layout plan, structural plan, decoration record photos and some maintenance history, we have considered a few possible sources which might be attributed to the water seepage. Following with the desk study, we took the site inspection firstly to verify the information obtained from desk study, to survey any other information which were not found in desk study. This really demanded a lot of professional call because those items outside the desk study were also very tricky.

Patient is important – Elimination Method with “Right” Testing

With reference to many literature , the way to identify the water seepage sources is “Elimination”. We have to establish the few possible sources and apply the “Right” testing to verify the assumption. This needs some experience together with the professional judgement. Sometimes , the site condition can render some cues for this judgement. In this case , we have done the survey to window , external wall, roof and some interior fitting out. The condition of window suggested its good and fair condition while the rain outlet at the roof and the skirting at the roof have found not properly done. We thus started the pooling test to the roof.

Judgement Call for the possible seepage path

With the aid of fluorescent liquid, the pool of liquid is prepared and stayed for 48 hours. Followed to this , we then applied the UV torch for tracing the “possible path” . Again, the “possible path” demanded a lot of imagination , but we found the cues in the record photos. We found that the conduit were laid in the recessed chase formed on the floor level. It could be pathway for water running.

.

 

 

We found the seepage and fix it