### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

15. Exemption from specified standards and requirements
(1) The developer or owner of a building or the responsible person of a unit of a building may apply to the Director for an exemption of any building services installation in the building from any provision of the specified standards and requirements.
(2) An application under subsection (1) must be in writing.
(3) The Director may, on an application under subsection (1), grant an exemption from any provision of the specified standards and requirements in respect of any building services installation if the Director is satisfied that it is, for heritage conservation or technical or operational reasons, undesirable or impracticable for the installation to comply with the provision.
(4) An exemption may be granted under subsection (3) in respect of all building services installations covered by an application or any of the installations.
(5) An exemption granted under subsection (3) may be subject to any condition that the Director thinks fit.
(6) If—
(a) an exemption granted under subsection (3) is subject to any condition under subsection (5) and the condition is contravened; or
(b) the ground on which the exemption was granted no longer exists,
the Director may, by a notice issued to the developer, owner or responsible person concerned, withdraw the exemption.
(7) A notice under subsection (6) must not take effect before the expiry of 28 days after the day on which it is issued.

16. Application of Part 3
This Part applies to a prescribed building.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

17. Duty to obtain Form of Compliance for major retrofitting works
(1) Subject to subsection (4), if major retrofitting works are carried out in respect of any building services installation that serves any unit or common area of a building, a person who is the responsible person of the unit or the owner of the common area, as may be appropriate, as at the completion of the works must, within 2 months after the completion of the works, obtain a Form of Compliance issued in respect of the installation.
(2) Subject to subsection (4), if major retrofitting works are carried out in respect of any central building services installation, a person who is the owner of the installation as at the completion of the works must, within 2 months after the completion of the works, obtain a Form of Compliance issued in respect of the installation.
(3) For the purposes of subsections (1) and (2), major retrofitting works carried out in respect of any building services installation are regarded as completed when—
(a) the works have been carried out and the installation is ready to be used for its principal function as designed; or
(b) if the works involve 2 or more installations, the works have been carried out and all the installations are ready to be used for their principal functions as designed.
(4) The Director may, on an application in writing by the responsible person or owner concerned, extend the period specified in subsection (1) or (2) if the Director is satisfied that there is a reasonable ground for the extension.
(5) An extension granted under subsection (4) may be subject to any condition that the Director thinks fit.
(6) If—
(a) an extension granted under subsection (4) is subject to any condition under subsection (5) and the condition is contravened; or
(b) the ground on which the extension was granted no longer exists,
the Director may, by a notice issued to the responsible person or owner concerned, withdraw the extension.
(7) If the Director withdraws an extension under subsection (6), the Director may issue a notice to the responsible person or owner concerned directing the responsible person or owner to obtain a Form of Compliance issued in respect of the building services installation within a period specified in the notice.
(8) If the Director issues a notice to a person under subsection (7), the person must comply with the direction in the notice.
(9) A person who fails to comply with subsection (1), (2) or (8) commits an offence and is liable on conviction to a fine at level 5.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

18. Requirements applicable to Form of Compliance
(1) A Form of Compliance must—
(a) be issued by a registered energy assessor;
(b) be in the specified form;
(c) be accompanied by the documents specified in the form;
(d) contain a declaration by the assessor that—
(i) the assessor has, in the 30 days before the declaration, personally inspected the building services installations in respect of which the major retrofitting works were carried out and which are specified in the Form of Compliance; and
(ii) the assessor is satisfied that the installations comply with the specified standards and requirements.
(2) If a Form of Compliance is issued in respect of any building services installation, the responsible person of the relevant unit or the owner of the relevant common area of the building or, in the case of a central building services installation, the owner of the installation must maintain the installation to a standard not lower than that applied in that Form of Compliance.
(3) A responsible person or an owner who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 5.
(4) A registered energy assessor who—
(a) inspects a building services installation in any building or any unit of a building on the instruction of a responsible person or an owner acting in compliance with section 17(1) or (2); and
(b) is satisfied that the installation complies with the specified standards and requirements,
must issue a Form of Compliance accordingly and comply with subsection (5).
(5) A registered energy assessor who issues a Form of Compliance must—
(a) send a copy of it together with the document specified in the Form of Compliance to the Director; and
(b) send another copy of it to—
(i) the property management company of the building concerned; or
(ii) if there is no such property management company or the property management company cannot be found or ascertained, the owner of the building.
(6) A registered energy assessor who fails to comply with subsection (5) commits an offence and is liable on conviction to a fine at level 3.

19. Duplicate of Form of Compliance available
(1) The Director may, on an application by a responsible person of a unit of a building or the owner of a common area of a building or a central building services installation in a building, issue to the applicant a duplicate of the copy of a Form of Compliance sent to the Director under section 18(5) in respect of any building services installation serving that unit or common area or that central building services installation.
(2) An application under subsection (1) must—
(a) be in the specified form; and
(b) be accompanied by the prescribed fee and the documents specified in the form.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

20. Exemption from specified standards and requirements
(1) The responsible person of a unit of a building or the owner of a common area of a building may apply to the Director for an exemption of any building services installation serving the unit or common area from any provision of the specified standards and requirements.
(2) The owner of a central building services installation in a building may apply to the Director for an exemption of the installation from any provision of the specified standards and requirements.
(3) An application under subsection (1) or (2) must be in writing.
(4) The Director may, on an application under subsection (1) or (2), grant an exemption from any provision of the specified standards and requirements in respect of any building services installation if the Director is satisfied that it is, for heritage conservation or technical or operational reasons, undesirable or impracticable for the installation to comply with the provision.
(5) An exemption may be granted under subsection (4) in respect of all building services installations covered by an application or any of the installations.
(6) An exemption granted under subsection (4) may be subject to any condition that the Director thinks fit.
(7) If—
(a) an exemption granted under subsection (4) is subject to any condition under subsection (6) and the condition is contravened; or
(b) the ground on which the exemption was granted no longer exists,
the Director may, by a notice issued to the responsible person or owner concerned, withdraw the exemption.
(8) A notice under subsection (7) must not take effect before the expiry of 28 days after the day on which it is issued.

21. Application of Part 4
(1) Subject to subsection (2), this Part applies to a building specified in Schedule 4.
(2) This Part does not apply to a building if the Director is satisfied on a declaration by the owner of the building that the building will cease to fall within Schedule 4 within 12 months after the date of the declaration.