### Building (Planning) Regulations 《建築物(規劃)規例》

46. Tenement house
(1) No tenement house shall be erected with a depth from the front main wall or, if any balcony is projected from the front main wall, from the front of every such balcony to the nearest rear main wall exceeding 10 m unless exempted by the Building Authority. (L.N. 33 of 1966)
(2) (a) Save where exempted by the Building Authority, every storey of every tenement house shall be provided with a window in such rear main wall of such storey.
(b) Such window shall be so constructed that—
(i) the aggregate superficial area of the glass in the window is at least 1.5 m2;
(ii) the window can, to an extent of at least 1.5 m2, be opened into the open air in such a manner that the top of the opening is at least 2 m above the level of the floor. (G.N.A. 83 of 1959)
(3) No windows required under these regulations in any tenement house shall be obstructed by the erection of any structure either inside or outside the building.
(4) (a) The internal area of every kitchen in a tenement house shall be—
(i) not less than 3.75 m2 where the total area of the domestic premises of which such kitchen forms part, does not exceed 45 m2;
(ii) not less than 4.5 m2 where the total area of the domestic premises of which such kitchen forms part, exceeds 45 m2 but does not exceed 70 m2;
(iii) not less than 5.5 m2 where the total area of the domestic premises of which such kitchen forms part, exceeds 70 m2.
(b) In no case shall the smaller dimension of such kitchen be less than 1.5 m.
(5) For the purpose of these regulations a tenement house means any building in the domestic part of which any living room is intended or adapted for the use of more than one tenant or sub-tenant. In this regulation living room (起居室) means any room intended or adapted as a place for cooking or sleeping.
(L.N. 294 of 1976)

47. Building abutting on retaining wall
(1) No domestic building shall be erected against a retaining wall which exceeds 4.5 m in height. (L.N. 294 of 1976)
(2) A space not less than 1.5 m in width shall be left between any domestic building and the bottom of any retaining wall exceeding 4.5 m in height. (L.N. 294 of 1976)
(3) For the purposes of this regulation a massive rock face shall be deemed to be a retaining wall.

### Building (Planning) Regulations 《建築物(規劃)規例》

48. Retaining wall forming part of a building
Any retaining wall, which forms part of any domestic building shall, subject to the provisions of regulation 27—
(a) be properly waterproofed to prevent dampness in the building;
(b) be properly insulated to prevent condensation on the internal face of any room intended for habitation within the building.

49. Building not to be used for domestic purposes and for dangerous trade
(1) No building used or designed for domestic purposes or intended for habitation shall also be used—
(a) for the manufacture of any dangerous goods within the meaning of the Dangerous Goods Ordinance (Cap. 295); or
(b) for the storage of any such dangerous goods to which section 6 of that Ordinance applies; or
(c) as a motor repair shop; or
(d) as a vulcanizing shop; or
(e) for automobile or carriage painting; or
(f) as a paint shop where paint or varnish is manufactured or mixed; or
(g) for dry-cleaning, (L.N. 170 of 1992)
unless exempted by the Building Authority, who may prescribe such structural and other requirements as in his opinion are necessary.
(2) Notwithstanding the provisions of paragraph (1), where a building is used for any of the purposes specified in subparagraphs (a) to (g) thereof, any part of such building, not exceeding 50 m2 in area, may be used as a residence for a caretaker or other person employed in connexion with the maintenance of or provision of services for such building. (L.N. 294 of 1976)
(L.N. 54 of 1969; L.N. 170 of 1992)

49A. Situation of a place of public entertainment
A place of public entertainment shall not be situated in a building which is used for any purposes other than those of such place of public entertainment.

### Building (Planning) Regulations 《建築物(規劃)規例》

49B. Cinemas
(1) Notwithstanding regulation 49A but subject to paragraphs (2), (3), (4) and (5), a cinema may be situated in a building which is used for any purposes other than those of such cinema.
(2) A cinema shall be situated in a non-domestic building or the non-domestic part of a composite building.
(3) Where a cinema or cinemas is or are situated in a building which is used for any purposes other than those of such cinema or cinemas, the accommodation provided shall not—
(a) in case there is only 1 cinema so situated, be more than that required to accommodate 2 000 persons;
(b) in case there are 2 or more cinemas so situated, be in the aggregate more than that required to accommodate 2 000 persons.
(4) (a) A cinema shall not be situated in a building in, or in any part of, which any of the operations mentioned in subparagraph (c) is for the time being carried on.
(b) Any of the operations mentioned in subparagraph (c) shall not be carried on in a building or in any part of a building in which a cinema is for the time being situated.
(c) The operations referred to in subparagraphs (a) and (b) are—
(i) a motor vehicle repair workshop;
(ii) a petrol filling station;
(iii) a godown or warehouse;
(iv) a factory or an industrial undertaking;
(v) a school;
(vi) a child care centre; (12 of 2011 s. 27)
(vii) a home for elderly persons; or (12 of 2011 s. 27)
(viii) a home for persons with disabilities. (12 of 2011 s. 27)
(5) (a) A cinema may share all or any of the facilities mentioned in subparagraph (b) with any other cinema or other place of public entertainment situated in the same building if, and only if, each such facility which is so shared is provided to the satisfaction of the Building Authority.
(b) The facilities referred to in subparagraph (a) are a means of escape, an entrance, a foyer and a waiting space.
(6) In this regulation—
home for elderly persons (安老院) means a residential care home as defined by section 2 of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459);
home for persons with disabilities (殘疾人士院舍) means a residential care home for PWDs as defined by section 2 of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap. 613). (12 of 2011 s. 27)