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

2. Interpretation
In this Ordinance—
air-conditioning installation (空調裝置), in relation to a building, means fixed equipment, distribution network or control devices that cool down, heat up, humidify, dehumidify, purify or distribute air within the building;
appeal board (上訴委員會) means a Buildings Energy Efficiency Appeal Board appointed under section 35;
appeal board panel (上訴委員團) means the Buildings Energy Efficiency Appeal Board Panel referred to in section 34;
approved loading (允許負載量) means the maximum current demand approved by an electricity supplier in respect of an electrical installation;
authorized officer (獲授權人員) means a person appointed as an authorized officer under section 27;
Building Authority (建築事務監督) means the Director of Buildings;

building services installation (屋宇裝備裝置) means—
(a) an air-conditioning installation;
(b) an electrical installation;
(c) a lift and escalator installation; or
(d) a lighting installation;

central building services installation (中央屋宇裝備裝置) means—
(a) a building services installation in a prescribed building that does not solely serve a unit of that building; or
(b) a building services installation in a prescribed building that has no common area except an installation that—
(i) solely serves a unit of that building; and
(ii) is owned by a person who is not the owner of that building;

Certificate of Compliance Registration (遵行規定登記證明書) means a Certificate of Compliance Registration issued under section 10 and, where applicable, renewed under section 13;
code of practice (《守則》) means any code of practice issued or approved under section 40;

commercial building (商業建築物) means a building that is—
(a) used for offices, shops or entertainment facilities; or
(b) used for the purpose of any trade, business or profession (but not used as an industrial building);

common area (公用地方), in relation to a prescribed building—
(a) means any area of the building other than the parts that have been specified in an instrument registered in the Land Registry as being for the exclusive use, occupation or enjoyment of an owner; and
(b) includes, unless so specified, car parks, entrance lobbies, lift lobbies, corridors, staircases, common toilets, common store rooms, plant rooms, switch rooms, pipe ducts, cable ducts, refuse rooms, material recovery chambers, covered podia, covered playgrounds, occupants’ clubhouses and building management offices;

composite building (綜合用途建築物) means, having regard to the definitions of commercial building

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

3. Application to Government
(1) Subject to this section, this Ordinance applies to the Government.
(2) Neither the Government nor any public officer in the capacity as such is liable to be prosecuted for an offence under this Ordinance.
(3) The Government is not liable to pay any fee under this Ordinance.

4. Limit of scope of application
(1) This Ordinance does not apply to—
(a) a building of which the main electrical switch governing the electricity supply of the building has an approved loading not exceeding 100A, 1-phase or 3-phase;
(b) a building—
(i) of not more than 3 storeys;
(ii) having a roofed-over area of not more than 65.03 m2; and
(iii) having a height of not more than 8.23 m;
(c) a proposed monument or a proposed historical building declared under section 2A of the Antiquities and Monuments Ordinance (Cap. 53); or
(d) a monument or a historical building declared under section 3 of the Antiquities and Monuments Ordinance (Cap. 53).
(2) This Ordinance 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 exist within 12 months after the date of the declaration.
(3) This Ordinance does not apply to the building services installations specified in Schedule 2.

5. Determination of application threshold
If the applicability of any provision of this Ordinance is to be determined by reference to any threshold including the approved loading of a main electrical switch, the rating of an installation or the floor area of any place, the calculation or measurement must, unless otherwise prescribed, be made at the time when the relevant works have been completed.

6. Jointly owned etc. building
If—
(a) this Ordinance imposes a requirement on the owner of any building, common area of a building or central building services installation or on the responsible person of a unit of a building; and
(b) the building, common area or installation is jointly owned by 2 or more persons or the unit has 2 or more responsible persons,
compliance with the requirement by one of the joint owners or responsible persons is regarded as compliance with the requirement by every other joint owner or responsible person.

7. Application of Part 2
This Part applies to a prescribed building in respect of which a consent to the commencement of building works for superstructure construction is given after the commencement of this Part.

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

8. Declaration at design stage
(1) The developer of a proposed building must—
(a) make a declaration to be called a stage one declaration; and
(b) submit the declaration to the Director within 2 months after the day on which the consent to the commencement of building works for the superstructure construction of the building is given.
(2) A stage one declaration must—
(a) declare that all building services installations to be provided by the developer in the proposed building at or before the time when a stage two declaration is made in respect of the building are designed, and will be installed and completed, in accordance with the specified standards and requirements;
(b) be in the specified form;
(c) be accompanied by the documents specified in the form; and
(d) be certified by a registered energy assessor to the effect that suitable design provisions have been incorporated into the planning and design of the building in accordance with the specified standards and requirements.
(3) A developer who contravenes subsection (1) commits an offence and is liable—
(a) on conviction to a fine of $500,000; and
(b) in the case of a continuing offence, to a further fine of $10,000 for every day during which the offence continues.