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

9. Declaration at occupation approval stage
(1) Subject to subsections (5) and (10), the developer of a building must—
(a) make a declaration to be called a stage two declaration; and
(b) submit the declaration to the Director within 4 months after the day on which the occupation approval is issued in respect of the building.
(2) A stage two declaration must—
(a) declare that all building services installations provided by the developer in the building at or before the time when the declaration is made have been designed, installed and completed in accordance with the specified standards and requirements;
(b) be in the specified form;
(c) be accompanied by the prescribed fee and the documents specified in the form; and
(d) be certified by a registered energy assessor to the effect that all building services installations provided by the developer in that building at or before the time when the declaration is made have been designed, installed and completed in accordance with the specified standards and requirements.
(3) A certification by a registered energy assessor made for the purposes of subsection (2) is of no effect unless the assessor has, in the 30 days before the certification, personally inspected the building services installation covered by the certification.
(4) The Director may require the developer to furnish any further information, or produce any additional document, that the Director considers reasonably necessary for the purposes of considering the making of the declaration.
(5) The Director may, on an application in writing by the developer concerned, extend the period specified in subsection (1)(b).
(6) The Director must not exercise the power under subsection (5) unless the developer satisfies the Director that there is a reasonable ground for the extension.
(7) An extension granted under subsection (5) may be subject to any condition that the Director thinks fit.
(8) If—
(a) an extension granted under subsection (5) is subject to any condition under subsection (7) 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 developer concerned, withdraw the extension.
(9) If the Director withdraws an extension under subsection (8), the Director may issue a notice to the developer concerned directing the developer to submit a stage two declaration within a period specified in the notice.
(10) If the Director issues a notice to a developer under subsection (9), the developer must comply with the direction in the notice.
(11) A developer who contravenes subsection (1) or (10) commits an offence and is liable—
(a) on conviction to a fine of $1,000,000; and
(b) in the case of a continuing offence, to a further fine of $10,000 for every day during which the offence continues.

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

10. Certificate of Compliance Registration for buildings
(1) If a developer has submitted a stage two declaration in respect of a building, the Director must, subject to subsection (2), issue a Certificate of Compliance Registration to the developer in respect of the building within 3 months after the day on which the declaration is received.
(2) The Director may refuse to issue a Certificate of Compliance Registration to a developer if—
(a) the Director has reasonable grounds to believe that the stage two declaration concerned or a document accompanying it pursuant to section 9(2)(c) is false or misleading in any material particular; or
(b) the Director has yet to receive any information or document from the developer under section 9(4).
(3) If the Director refuses to issue a Certificate of Compliance Registration to a developer under subsection (2), the Director must, as soon as reasonably practicable—
(a) issue a notice of the refusal to the developer; and
(b) state the reasons for the refusal in the notice.
(4) Subject to section 13(5), a Certificate of Compliance Registration is valid for 10 years.

11. Register of buildings issued with Certificate of Compliance Registration
(1) The Director must keep a register of buildings issued with a Certificate of Compliance Registration.
(2) The register must contain, in respect of every building entered in the register—
(a) the name and address of the building;
(b) the registration number, the date of issue and the expiry date of the Certificate of Compliance Registration issued in respect of the building; and
(c) any other particulars that the Director thinks fit.
(3) To enable a member of the public to ascertain whether a building is issued with a Certificate of Compliance Registration, the Director must—
(a) make a copy of the register kept under subsection (1) available for members of the public to inspect free of charge at all reasonable times; and
(b) make the content of the register available for inspection free of charge through the internet.
(4) The register kept under subsection (1) must be maintained in the form and manner, and updated at any interval, that the Director thinks fit.

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

12. Duties of owners and responsible persons of building with Certificate of Compliance Registration
(1) This section applies in relation to a building in respect of which a Certificate of Compliance Registration has been issued.
(2) The owner of a building must ensure that at all times a Certificate of Compliance Registration is in force in respect of the building.
(3) The owner of a building must ensure that—
(a) the central building services installations in the building are maintained to a standard not lower than that applied in the first Certificate of Compliance Registration issued in respect of the building; and
(b) if a Form of Compliance has been issued in respect of any central building services installation in the building, the installation is maintained to a standard not lower than that applied in the latest Form of Compliance issued in respect of the installation.
(4) The responsible person of a unit of a building must ensure that—
(a) the building services installations serving the unit that are not the central building services installations in the building meet, and are maintained to, a standard not lower than that applied in the first Certificate of Compliance Registration issued in respect of the building; and
(b) if a Form of Compliance has been issued in respect of any building services installation serving the unit, the installation is maintained to a standard not lower than that applied in the latest Form of Compliance issued in respect of the installation.
(5) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 6.
(6) A person who contravenes subsection (3) or (4) 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》

13. Renewal of Certificate of Compliance Registration
(1) The Director may, on an application, renew a Certificate of Compliance Registration.
(2) An application for the renewal of a Certificate of Compliance Registration must—
(a) be in the specified form;
(b) be accompanied by the prescribed fee and the documents specified in the form; and
(c) be certified by a registered energy assessor to the effect that—
(i) the central building services installations in the building concerned are maintained to a standard not lower than that applied in the first Certificate of Compliance Registration issued in respect of the building; and
(ii) if a Form of Compliance has been issued in respect of any central building services installation in the building, the installation is maintained to a standard not lower than that applied in the latest Form of Compliance issued in respect of the installation.
(3) A certification by a registered energy assessor made for the purposes of subsection (2) is of no effect unless the assessor has, in the 30 days before the certification, personally inspected the building services installation covered by the certification.
(4) The Director may require the owner of the relevant central building services installation to furnish any further information, or produce any additional document, that the Director considers reasonably necessary for the purposes of considering the application.
(5) Subject to subsection (6), a renewed Certificate of Compliance Registration is effective from the date of renewal.
(6) If an application for renewal of a Certificate of Compliance Registration is made during the 12 months preceding the expiry of the certificate, the renewed certificate is effective from the date of that expiry.

14. Duplicate of Certificate of Compliance Registration available
(1) The Director may, on an application by the developer of a building, the responsible person of a unit of a building or the owner of a central building services installation in a building, issue to the applicant a duplicate of a Certificate of Compliance Registration issued in respect of the building.
(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.