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    1212

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    ea Buildings Department Lands Department __Planning Department Joint Practice Note No. 1 Green and Innovative Buildings Introduction ‘To protect and improve the built and natural environment, the Government promotes the construction of green and innovative buildings. The objciv isto encourege the design and constriction of buildings that encompass the following features: (2) Adopting a holistic life eyele approach to planning, desig, construction and maintenance; (©) Maximizing the use of natural renewable resources and reyeled/green building material; (© Minimizing the consumption of enerey, in particular those ‘non-renewable types: nd (@ Reducing constriction and demolition waste 2 “This is the first practice note issued jointly by the Buildings Department (BD), Lands Department (LandsD) and Planning Department (PlanD) onthe subject. This joint practice note sets out the incentives proved to encourage the incxporation of these features in building development, and the procedures for aplication for them under the Buildings Ordinance, the Government Lease (including Conditions of Sae/Gran/Exchange) and the Town Planning Ordinance, where relevant. 3. ‘The industry is encouraged (0 explore ways to improve environmental performance during the eonstniction and throughout the life eyele of new buildings by incorporating initially the features in items (a) to (2) in paragraph 1. The package of incentives which ar effective from the issuance of tis joint practice now, includes a ist of _roen features that may, subject to the conditions specified in subsequent paragraphs, be ‘exempted from Gross Floor Area (GFA) and/or Site Coverage (SC) calelations. This list ‘ill be continuously reviewed and revised in pace with the ongoing development of green buildings and new incentives to encourage the provision of new green features in buldings. Exemption [Exemption of Green and Innovative Features from GFA andior SC Caleulations Under the Buildings Ordinance 4 ‘The following green features may upon aplication and subject to conditions be excluded ftom GFA and/or SC ealeuations under the Build ngs Ordinance: (@) _Baloonies for residential buildings; (&) Wider common cortidors and lift lobbies for residential buildings; (©) Communal sky gandens for residential buildings; (@ Communal podium gardens fr non-esidemial buildings; © Acoustic firs and (Wing walls, wind catchers and funnels. s. Criteria and conditions for exempting the above green fetus are listed in Appendix A. 6 Subject to compliance with the requirements of the Town Planning Ondinance, the above exemptions under the Buildings Ordinance may be given prior to ‘completion of any lease modification and payment of premium as may be required under the Government Lease. Under the Government Lease 1 FFor new auction and tender sites with GFA andlor SC restrictions, @ suitable clause may be included inthe Government Lease allowing the same GFA andlor SC exemptions in respect of the green features being granted by the Building Authority (BA) ‘under paragraphs 4 and 5 above to be excluded from the GFA andlor SC calculations under ‘the Goverment Lease, without the payment of a premium, subject to the conditions set out in Appendix A and provided that thei design and disposition are acceptable to the Director of Lands 8 For existing leases with GFA andlor SC restrictions, the same GFA andor 'SC exemptions in respect of the green features being granted by the BA under paragraphs 4 and $ above may be exempted from GFA and/or SC calculations under the Government Lease. Where the Government Lease contains condition restricting the numberof storeys orheight ofthe building to be erected on the lot and the feature wil cause such restriction to be breached, a lease modification application would need to be submitted by the lessee. », 9. ‘Subject to the conditions set out in Appendix A and provided thatthe esign and disposition are accepable o the Director of Lands, the sare GEA. and SC. ‘exemptions being granted under the Buildings Ordinance in respect of baleones may be exempted fiom GFA and SC calculations under the Government Lease after the completion of a lease modification and subject to the payment of a premium and an administrative fee and also conditions as imposed by the Director cf Lands. The ‘exemption of wider common corridors and lift lobbies from GPA. and SC ealeulatons ‘would not require a lease modification if their design and disposition are acceptable to the Director of Lands. The exemption of features other than balconies and wider ‘common corridors and lif lobbies ftom GFA. and/or SC ealeulations may have to be covered by a modification leter at nil premium and an appropriate adrinistratve fe. ‘The exemption of sky gardens from GFA calculation at nil premium is oly applicable to sites with a recreational clause in the Government Lease and the sky gardens will be stviely prohibited from commercial activites pursuant to paragraphs 1(e\xii) and (x) of Appendix A. For sites without a recreational clause in the Government Lease, the Director of Lands would not charge premium, if the sky gardens are designed for sitting out purpose only without other recreational facilities and ee design and disposition are acceptable to the Director of Lands. LandsD may impose additional conditions to ensure that the exempted features are properly used and msntaned, 10. ‘An Authorized Person (AP) is advised to check against the lease conditions to determine whether a lease modification is required. In ese of doub, an enquiry may normally be directed to the relevant Distt Lands Office (DLO) of the LandsD and a reply may normally be given within 30 days. Alterativaly, an AP may be informed directly by the DLO within 8 weeks (for non-BC III cases cr 10 weeks (for BC III cases) from the receipt of a formal plan submission through the centralized processing system. u For any GFA and/or SC exemptions which may be granted under the Government Lease, itis pre-requisite that such exemptions must first be granted by the BA. However, to facilitate the preparation ofthe base terms and a demand note forthe payment of the initial administrative fee, an application for lease modification should be submitted to the DLO in parallel with the submission to BD a the earliest instance. BD will alert DLO as soon as an in-prncipleno-objection to the proposed green features is established. Once approval of the building plans with GFA andor SC exemptions in respect of such green features has been granted by the BA, an AP is advsed to submit copy of the approved plans together witha copy of the demand note receipt to DLO such thatthe basic terms may be finalized as soon a possible. Wonder . Under the Town Planning Ordinance 2. PlanD will dope the same criteria and conditions for the exemption of the green features from GFA andlor SC calculations as set out in paragraphs 4 and $ above and Appendix A, subject to there being no contravention with the restrictions on building height and/or SC, if any, stipulated on the Outline Zoning Plan (OZP) / Development Permission Atea Plan (DPAP). There may be situations where the GFA ‘exemption may result in an inrease in building height and/or SC abov: that stated on the OZP/DPAP, In such cases, an application tothe Town Planning Foard (TPB) for ‘minor relaxation (if such a provision is available under the OZP/DPAP) will be required Each ease would be considered by the TPB on individual merit For development schemes previously approved by the TPB, the of such green features may result in minor amendments to the approved: Schemes. In such eases the general requirements as set out inthe TPE Guidelines for Class A and Class B Amendments to Approved Development Proposls will apply 14. Enquiries on whether a TPB approval is required or whether an approved scheme needs to be amended as a result of the incorporation of the green ‘eatures may be directed to the respective District Planning Office ofthe PlanD. Application 18. ‘The above incentives ate applicable to new projets for which ‘occupation permits have not been issued, Implementation 16. ‘This joint practice note is applicable to all new building plans or major revision of building plans for development proposals submited to the BA for approval ‘on or after | April 2011. Subject to paragraph 17 below, this joint praice note is also applicable 10 building plans which have been previously disapproved and are resubmitted for approval on or after 1 April 2011 1. For building plans which have been firstly submitted on or before 31 ‘March 2011 and subsequently disapproved by the BA but not on ground relating to proof of ownership or realistic prospect of control of the land forming the site, the frst resubmission of such plans tothe BA on or after 1 April 2011, which is sibmited within 66 months ftom the date of disapproval of the firstly submited plans, would not be subject to the requirements ofthis joint practice note, For the avoidance of doubt, if such frst resubmission of plans eventually has been disapproved by the BA, any further resubmission of the plans would be subject to the requirements ofthis joint practice note ne, 18. Subject to section 16(3)4) of the BO, building plans approved by the BBA prior to the implementation of ths joint practice note should make reference tothe “October 2004” version ofthis joint practice note (Appendix D). Formal Submissions and Enquiries on Green Features 19. All formal submissions should be made through the nornal channels to BD, LandsD or PlanD as appropriate. 20, Applications for exemption of the green features from GFA andr SC calculations under the provisions of the Buildings Ordinance should be made by way of applications for modification with supporting documents and undertaking, 21 Enquiries on any proposed green features for incerporation in a {development may be directed tothe respective Chief Building Surveyor ofthe BD. Misuse of Incentives 2, ‘An occupation permit will not be issued unless there is evidence indicating that the required undertaking as detailed in paragraph 2(a) of Appendix A is registered in the Land Registry. B ‘The Goverament will monitor the use of the features and will take ‘enforcement action, including prosecution, against non-compliance with the following ‘conditions of exemption: (@) Balconies and the covered areas undemeath the balcories are not to be enclosed, as detailed in paragraph 2(6) of Appendix A (©) The exhaust outlets for internal bathrooms and lavatoves are ‘not 10 open into the balconies and the covered areas ‘undemeath the baleonies, as detailed in paragraph 2(¢) of Appendix A; or (©) Sky gardens and podium gardens are to be designated for the ‘exclusive use ofthe owners, tenants and their visitors ely, as ‘detailed in paragraph 2(8) of Appendix A. Po Developers should remind purchasers of the consequence of any’ misuse of the above incentives ae “6 2s. It must be noted thatthe BD, PlanD and LandsD are acing in diferent, capacities and exercising diferent functions, powers and rights under the respective Ordinances and Government Lease under their respective purview. Any functions, powers or rights exercised by any one of these departments shall notin any way affect the functions, powers and rights of any ofthe others. 26, 1 mast be further noted that nothing in this joint practise not (or the avoidance of doubt, including all its appendices) shall in any way fetee or affect the rights of the Government, the Ditetor of Lands and ther officers under the Government [Lease or their rights as essor/landlord, wi are exercising such rights inthe eapacity of 4 lessoelandlord and who hereby reserve all such rights, and that noting in this joint practice note (for the avoidance of doubt, including all its appendices! including any ‘words and expressions used shall in any way affect the interpretation ofthe terms and conditions ofthe Government Lease. (CHEUNG Fin- cheung ) (Thomas CHAN } (heassk w use) Director of Buildings Director of Lands Director of Planing Ref: BD GPIENV/S Lb2/102000 TPBICBLCD First issue February 2001 Last revision January 2011 ‘Tis revision September 2019 (Paragraphs (a) and 2(a) of Appendix A amended) Appendix A. (GPN No. 1) Criteria and Conditions for Exempting Green and Innovative Featares from GFA andior SC Calculations 1 Specifi erteria for exempting the green and innovative feaures from GEA andlor SC calculations are detailed below, For the avoidance of doubt, application of incentives to residential buildings where described will not apply tothe non-domestic portion of a composite building or residential accommodation for commercial use Furthermore, hotels are considered as non-residential developments for the purpose of this joint practice note. Concessions for balconies, wider common coridors and lift Tobbies and communal sky gardens for residential buildings are therefor not applicable to hotels (@)Baleonies for residential buildings Application for exemption of balconies from GPA and SC caleulations will be favourably considered where such provision meets the following evita: Only applicable to residential buildings; Location ofthe balcony is restricted tothe living room, dining room cor bedroom; ‘There is no projecting window inthe same room; tis atleast 1.5m away from a ulity platform’; Its not located ina e-enant with an unobstructed width less than 2,300mm or alight well; (vi) Not less than 40% ofthe perimeter ofthe balcony fares into the open air and is not enclosed above safe parapet height, (i) Iedoes not project beyond the lt boundary; (iil) There is a minimum of 150mm drop in level ftom the room which leads othe balcony: Gx) Where modification of regulation 36 of the Building (Planning) Regulations in respect of bathrooms and lavatories is granted, the ‘exhaust outlets for such bathrooms and lavatories co not open into the balcony; (8) Not more than 50% of the area ofthe balcony is to he exempted fom GFA and SC calculations; (xi) The summation of areas tobe exempted for such balsonies including portion of such balconies per residential unit is Im? or 2.5% of the Usable Floor Space ofthe unit whichever is the greter subject to @ ‘Uses in compliance with Appendix B ofthe Cade of Practice on Desi fo Safety ~ Extra! Maintenance. Forth purpse of thiol ractice nt, ‘open asthe same meaning defied ude elation 2 the Bung (Planning Regulations, maximum of 3m, (xi) The size of any baleony, including part of which to be exempted from GPA and SC calculations, isnot less than 2; (sill) The covered area underneath the lowest baleony may be fully ‘exempted from GFA and SC calculations provided that not less than 40% of the perimeter ofthe covered area is not enclosed above safe parapet height and faes into the open air and (xiv) The granting of GFA concessions set out in this paragraph is subject to compliance with the pre-requisites and the ovenll cap on GFA ‘concessions stipulated in PNAP APP-1S1 on Buiding Design 10 Foster a Quality and Sustainable Built Environment. () Wider common corridors and lit lobbies" for residentiat buildings Subject tothe condition thatthe need to provide wider common corridor or lift lobby is not resulting from any statutory requirement, the criteria for exempting such floorspace from GFA and SC ealelatons ar: (© Only applicable to floors other than the entrance halls) of residential buildings; Gi)The floor space ofthe common coridors and Ii lobbies is provided ‘with natural ventilation by means of window)" whch: has an aggregate superficial opening area not less than 5% of ‘the combined floorspace of such corridors and lift lobbies; canbe opened dteetly into the open air and ©. i not located in a re-entrant with an unobstructed clear width less than 1.5m ora light wells (ii) An alternative performance standard of achieving nt less than 1.5 ‘Air Change per Hour (ACH) forthe combined flor space of the corridors and the lift lobbies by natural means threugh windows)* demonstrated by any suitably verified and scientically validated method may also be taken as fulfilling the requirement of natural ventilation mentioned in (i) above, provided that atleast a window* is provided within 3m from each of the two most distant ends of seh corridors and lift lobbies; Gv) Only the wid of such corridor being continuous ad uninterupted along its whole length between 1,200mm and 2,200mm and the ‘width of such lift lobby being continuous and uninterrupted along its ‘whole length between 1,650mm and 2,500mm mey be exempted; and Serie ead and servic i bis spate fo th min ceulaton i bie and coors by doors) and normally bo usd by residents fr unig aces othe flats mayb regarded in the ‘seamen’ ofthe xem eerie ou this sub parapap ‘Windows shouldbe apna om side without th se of ey an roiions fing (Planing) (*) The granting of GFA concessions set out in this parearaph is subject, to compliance with the pre-requisites and the overall eap on GFA concessions stipulated in PNAP APP-IS1 on Building Design to Foster a Quality and Sustainable Built Environment. ‘See Appendix B for guidance on the interpretation of cerrdors and li lobbies and the measurement ofthe areas eligible for exemption. The above measurements are based on structural dimensions of the corridors and lift lobbies (©) Communal sky gardens for residential buildings Application for exemption of sky gardens ffom GFA calculation will be favourably considered where such provision meets the following evita: (© provides natura venation, greenery and receatonal garden space for communal use: (In adion to any podium garden, the maximum number of sky gardens provided is equal to less than the numberof residential storeys divided by 18; Gi) This open-sided above safe parapet height® on at est wo opposite Sides o provide eossvetlaton; Gv) The net are ofthe sky garden occupies not les than 50% of the area ofthe oor pate, nd wher its made up of mor tha one parcel on the same flor, the parcels are connected with each other by comstna ciesation area on the same Noor (©) Within such net garden area, not less than 15% ofthe rea ofthe Aoor pati the greenery ara which planted with vegetation’; and 1 within zoe! which i nt more than a horizontal distance ‘L* measured perpendiculaly from the outer ede of any exter wall which is open above safe parapet height and faces into the open ai, where “L? equals tothe clear vertiea distance between the top of such extemal wall opening and the finished 5c ecommended tat the effete lotion and dimension of a ky gan ae oe provid by ind tune tess andor compuatona fd dynamics models © ensure the mos fvourble eran othe regbowrond, or the pupon of assist os-ventlsion nd greenery een fr the net den area, 0 soi Dont ofthese parapet he exeral wal above 12500 fom he finish ar eel othe de, while the top of he exer wal peng is ates 3 mm above te topo he sl pre ‘Wher plants or ting ences te nached ote internal sie fh parapet e aapet soul be ‘fly permeable pe (wi at ha 213 re ae) above 28 frm he ised oa ve ‘tthe gaen soa lek the nur vets and gh The se of mae tees ad shrubs wth adequate so ph fh plans chosen commend, "The zone maybe etnded intra by Sm beyond such wal opening ithe whofe Wall pening Ibo es han Sm, floor level of the garden, ‘See Appendix C for guidance on the interpretation of the greenery (¥i) Where more than one sky garden are provided and where there is no podium garden, the first sky garden isto be located at not more than TO storeys above the lowest ground storey for improvement of the ‘microclimate a street level: (vi) The sky garden is at least 10 storeys above any lower sky garden or podium garden in the same building unless under exceptional circumstances where sttong environmental justifications ae given; (iil) Required refuge floor(s) is located at the roof or coupled with sky tgarden(), the design of which shall comply with the relevant fie codes"; (Gx) Itisacoessible from the common area only; (x) thas clear height of nt less than 4 Sm; (xi) Exhaust from any ventilating system does not face the garden; (si) All planters, furiture and equipment are fixed to flors, walls or Similar permanent constructions!"; (iii) A notice specifying thatthe garden is for communal use and that ‘commercial activites within the garden such as café and shops are strictly prohibited, is posted at a prominent location the garden; (iv) Maintenance of the garden is financially viable and @ maintenance snd management manual forthe greenery works should be made available for end-users to safeguard public hygiene and safety ofthe garden; (&») There is no concern from PlanD on the overall building height and (vi) The granting of GFA concessions set out inthis paragraph is subject, {to compliance with the pre-requisites stipulated in PNAP APP-S1 fon Building Design to Foster a Quality and Sistsinable Built Environment. (@ Communal podium gardens for non-residential buildings Application for exemption of podium gardens ffom GFA eaeulation will be favourably considered where such provision meets the following criteria (@Itisunder the footprint of a non-residential tower, There is no occupied accommodation at the same floo: and the floor is for use as podium garden for siting out purpose only; (Gi) is accessible from the common area only; For example,» SS-trey building reqiting two rege ors may have two reieBooncun-y- arden and one independent sky garden lige fr GPA exemption. "PURSE se recommended 19 eae taal wes, planers artre nd esuipent an wiht ‘yptooa condos © (Gv) thas a clear height of not ess than 4.5m; (¥) Tis openssided above safe parapet height on at leis two opposite sides to provide cro ventilation; (wi) Whete cargoservice lifts are provided, the garden isnot served by such it; (vil) Exhaust fom any ventilating system does not fee the garden; (vil) The net area of the garden isnot les than $0% of the area of the footprint ofthe tower, and where itis made up of more than one parcel on the same floor, the parcels are connected with each other by ‘communal cteulation areas on the same flor; (Gx) Within such net garden area, not less than 15% of the area of the footprint of the tower is the greenery area which is ‘4 planted with vegetations’; and 'b. within a zone® which is not more than a horizontal distance *L" reasured perpendicularly from the outer edge of any external wall whieh is open above safe parapet height an faces into the ‘open sit”, where “L’ equals to the clear vertical stance between the top of such external wall opening andthe finished floor level ofthe garden, See Appendix C for guidance on the interpretation of the greenery (®) A notice specifying that the garden is for communal use and that commercial activities within the garden such as café and shops are strictly prohibited, is posted at a prominent location atthe garden; (xi) Maintenance ofthe garden is financially viable and a maintenance and ‘management manusl forthe greenery works should be made available for end-users to safeguard public hygiene and safety othe garden; (ii) There is no concern fom PlanD on the overall building height; and (sill) The granting of GFA concessions set out in this paragraph is subject to compliance with the prerequisites stipulated in PNAP APP-1S1 on Building Design to Foster a Quilty and Sustainable Built Environment. Acoustic fins Application for exemption of acoustic fins ffom GPA and SC calculations will be favourably considered where such provision meets te following crtere © Temitgates against unwanted or excessive sound; (ii) It isnot load bearing clement, that isi doesnot bear any load other ‘than that due to its own weight and due to wind pressure on its own surface; (id) Tedoes nt project beyond the lt boundary; (iv) Its provision and size are justified by quantitative assessment as 0 2 6. ffetve and reasonable; and (©) The granting of GFA concessions set out in this parsgrap is subject to compliance with the pre-requisites stipulated in PNAP APP-1S1 on Building Design to Foster a Quality and Sistinable Built Environment, ‘Wing walls wind catchers and funnels Application for exemption of wing walls, wind catchers and funnels from GFA and SC caleuatons will be favourably considered where such provision ‘meets the following criteria: (_Tepromotes the natural ventilation of building: (Gi) The wing wal is afin used to channel wind into te insides of the buildings (Gi) The wing wall is nota load bearing element, that is it does not bear ny load other than that due to its own weight and due to wind pressure on its own surface; (Gv) The wind catcher captures the cooling breeze and rakes deliberate use of buoyancy; (©) Funnel makes use ofthe building height o facilitate the stack/chimney effect in natural thermo-syphonic ventilation, especially during windless hours. Instances where admiting. unmedified hot and humid ambient atmosphere to the interior do not provide comfort nor conserve energy, a combined mechanical and natural ventilation system using stack/chimney effet will be encouraged (vi) _Iedoes nat project beyond the lot boundary; (i) ts provision and size are justified by quantitative assessment as effective and reasonable; and (ii) The granting of GFA concessions set out in this parcgraph is subject {o compliance with the preequsites stipulated in PNAP APP-151 on, Building Design to Foster a Quality and Ststanable Built Environment. Upon granting modifi jon to exempt the green features fom GFA andor SC calculations, the BA shall, where appropriate, impose the following conditions in ‘addition tthe conditions that may be imposed in accordance with PNAP APP-1S1 @ The leter of undertaking submitted by the developer or owner in support of ‘an application for exemplion is to be registered in the Land Registry before the application for an occupation pemit is submitted. Such leter may include an undertaking to designate the following in the Deed of Mutual ‘Covenant (DMC) with deals ofthe use and location clearly ndicete: 1 the balconies and the covered areas beneath the balconies as “non-enclosed areas"; (i) the sky gardens / podium gardens as ‘common areas’ nd (Gi) the airconditioner (AC) platforms provided on balecnies™ as ‘areas for air-conditioning” and that individual AC platforms must not be rected atthe exteral walls of the building ‘Such DMC should contain binding and enforceable condltiors forthe control, operation, financial support and maintenance for such features, Where no DMC is 10 be in force for a development, such designation shall be incorporated into the Sales and Purchase Agreement, Assignment or the ‘Tenancy Agreement such thatthe future owners or tenants ae aware oftheir rights and abilities. (©) Balconies and the covered areas beneath the balconies, shall not be enclosed above safe parapet height (©) Where modification of Regulation 36 of the Building Planning) Regulations in respect of bathrooms and lavatories i granted, the exhaust outlets for such bathrooms and lavatories shall not open into the balconies and the covered areas beneath the balconies, (@) Sky gardens and podium gardens shall be forthe exclusive we ofthe owners, tenants and thei visitors only as indicated on the approved plans and such areas shall not be used for any other purpose or by any other person without the prior consent af the BA. (Rev. 92019) "AC patos complying with AppedixB of the Code of Practice on Design fe Safty ~ External Mien Appendix B GPN No. 1) tba stm ad 2th nat abate 2mm a Zr far ‘Wider common corridors and lit lobbies Figure FS LsegLgnaclone [TEE] werent ws vn sc otoins rophont aq ae Sunn ef cnet Taio ome ean or Ina stright-lined corridor / lift lobby arrangement, the “ft lobby" isthe floor space immediately outside the intemal sides ofthe lift shafts. Where it extends beyond the ‘tral sides of the it shatls by a distance which is equivalent to or mere than the clear ‘depth “D" ofthe If shat, such floor space beyond the intemal sides of the lift shafts up tothe fla entrances willbe considered as a“corido”. Wider common corridors and it lobbies Figure? ROA. tama ek wider aco xen re | : uss Zz itty FE sents trap ‘te whole gh ofearior Tt canot be exempt In a Leshaped condor / lift lobby arrangement, the “lit lobby” is the floor space immediately outside the intemal sides of the Tift shafts. It may tum directions and extend beyond up to a maximum length which is equivalent othe clear depth “D" ofthe JiR sha. If the floor space extends beyond this depth, it will be considered as @ “voridor" ‘Wider common corridors snd it lobbies Figure 3 ROA. tmx nwo [EEE]. wid weno te amped P>C1 admoningen ™ CEES ney teat sin gon ca su ingh tee == hy cit re Ina L-shaped or T-shaped corridor / lit lobby arrangement, the “It lobby” isthe floor space immediately outside the internal sides ofthe lit shafts. Where itextends beyond the intemal sides ofthe lift shafts by a distance which is equivalent to or more than the clear depth “D" of the lift shaft, such floor space beyond the intemal sides ofthe lif shafs up to the lat entrances willbe considered asa “corridor (Rew. 12011) Appendix C GPN No. 1) | et eee | Tae ae Diapnemaic Plan for Conennal Sty Gardens Pou Gens Figure esc po tt cen pla ih eget wid < 1.5m min een Section A~A for figure 1 Figure2 aony Appendix PN 1) d Buildings Department Lands Department Panning Department Join Practice Note No.1 Green and Innovative Buildings Introduetion ‘To protect and improve the built and natural environment, the Buildings Department (BD), the Lands Department (LandsD) andthe Planing Department (PlanD) ‘promote the consuction of green and innovative buildings, The objective & to encourage ‘the design and constuction of buildings that encompass the following features (@) Adopting a holistic life eycle approach to planning, design, constuction and maintenance; (©) Maximizing the use of natural renewable resources and ~seycledgreen building material; (©) Minimizing the consumption of enerey, in particular those non-renewable types: and (© Reducing construction and demolition waste 2 ‘This isthe frst of a series of practice nots to be issued LandsD and PlanD on the subject. ‘The jint practice note ses out the incentives we ‘would provide to encourage the incorporation of these features in building development, and the procedures for application for them under the Buildings Ordinace, the Lease ‘Conditions and the Town Planning Ordinance, where elevant Incentives 3 We wish to encourage the industry to explore ways to improve ‘environmental performance during the construction and throughout the lifecycle of new buildings by incorporating initially the features in items (a) to (8) in paragraph 1. The first package of incentives which are effective from the issuance ofthis jon practice nate, includes alist of green features that may, subjet tothe conditions specified in subsequent paragraphs, be exempted from Gross Floor Area (GFA) and Site Coverage (SC) Calculations. This ist will be continuously reviewed and revised in pace withthe ongoing development of green buildings and new incentives to encourage the proision of new ren features in buildings. ‘xemption Exemption of the Fist Package of Green and Innovative Features from GFA and SC Caleulations Under Buildings Ordinance 4 ‘The following green features may upon application and subject to conditions be excluded from GFA andlor SC caleulations under the Buildings Ordinance: (@)—_Baleonies; (©) Wider common coridrs and lift lobbies; (©) Communal sky gardens; (@ Communal podium gardens; (©) Acoustic fins (9 Sunshades and electors; (@) Wing walls wind catchers and funnels. 5 Citra and conditions for exempting the above green features are listed in Appendix A. To contain the effet on te building bulk resulting from tre provision of these incentives, the cumulative GFA exemption forall he geen features, excluding sky and podium gardens, should not exceed 8% of the total permited GPA for the ‘evelopment 6 Subject to compliance with the requirements of the Town Planning (Ondnance, the above exemptions under the Buildings Ordinance may be given prior to completion of any lese modifistion and payment of premium as may’ be required under lease conditions Under Lease Conditions 1 For new leases to be granted, suitable clauses willbe insted allowing LandsD to exempt the features listed at pragraph 4 above fom caleulaton of GFA andioe SC if such leases provide for a maximum GRA andlor SC. LandsD may when allowing the exemption impose additonal conditions to ensure that such features wil be properly sed and maintained, 18. For 8 For exiting leases with GFA andlor SC restitons the fetures as listed paragraph 4 above may be exempted from calculation of GFA andlor SC. Whee the Tease consis a condition restricting the numb of stores or height of the building to be erected on the lot and the feature wil cause such restetion to be breached, lease ‘modification will be required 9. Balconies willbe exempted ffom eaeulation of GFA andor SC ony after the completion of a lease modification and subject to payment of premium and an administrative fee. The exemption of wider common corridors and lift lobbies from GFA andlor SC calculation will ot require a lease modification. The exemption of features ‘other than balconies and wider common coriors and lift lobbies from GFA andlor SC calculation may have to be covered by a modification letter at nil premium and an appropriate administrtive fee. The exemption of sky gardens from GFA ea culation at nil premium is only applicable to sites with a recreational clause in the lease. Por sites ‘Without a recreational clause inthe lease, no premium will be charged if he sky gardens are designed for siting out purpose only without other rereational facies. LandsD ‘ay impose addtional conditions to ensure tht the exempted featares are properly used snd mantzned 10. ‘An Authorized Person (AP) is advised to check against the lease conditions to determine wheter a lese modification is required. In case of doubt, an ‘enquiry may be diected to the relevant District Lands Office (DLO) of the LandsD and & reply wil be given within 30 days. Alternatively, an AP wil be informed directly by the DLO within 13 weeks from the receipt ofa formal plan submission through the central processing system, u. For any exemption to be granted under the leas, i is a pre-equisite that such features must fist be exempted by the Building Authority. However, facilitate the reparation of the basic terms and a demand note for the payment of the initial “administrative fe, an application for lease modifieation should be submited to the DLO in parallel withthe submission to BD atthe ealest instance. BD will alert DLO as soon at 4 no-objection-in-princple to the proposed green features is established. Once approval ofthe building plans exempting such green fetures have been granted bythe Building ‘Authority, an AP is advised to submit a copy ofthe approved plans together with acopy of the demand note receipt to DLO such thatthe basic terms may be finalized as soon as possible Under Town Planning Ordinance 2. PlanD wil adopt the same extra and conditions foe the exemption ofthe green festres from GFA andor SC ealeulations 3 set out in paragraphs 4 and 5 above, ubjct to there being no contravention with the restetions on building height andlor SC, if ‘ny, stipulated on the Outline Zoning Plan (OZP) / Development Permission Atea Plan (DPAP). There may be situations where the GFA exemption may result in an increase in ‘miling height andor SC above that stated on the OZPIDPAP. In sich eases, an Tn. application tothe Town Planning Board (TPB) for minor relaxation (if such provision is available under the OZPIDPAP) will be equite. 1B, For development schemes previously approved by the TPB, the incorporation of such green Features may result in minor amendments tothe approved schemes, In which ease, the general requirements as set out in the TPB Guidelines for Minor Amendments to Approved Development Proposals (TPB PG-No.19B) wll ppl. Ma Enquiries on whether a TPB approval i required or whether an approved scheme needs to be amended asa result of the incorporation ofthe green features may be

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