Occupation permit Hong Kong: who applies and how to check

An occupation permit (OP) is the permit the Building Authority issues before a new building in Hong Kong may be occupied. The Buildings Department (BD) says no new building shall be occupied unless an OP has been issued for it. The application is made by the building professionals and the registered contractor responsible for the project, and by law the Building Authority must process it within 14 days. If you already own or rent a flat, the OP is a building record you can look up yourself.

What an occupation permit is

Section 21 of the Buildings Ordinance (Cap. 123) sets out the procedure for occupying a new building. BD explains it on its new building works page and in practice note APP-78, which is written for Authorized Persons and Registered Structural Engineers. The OP comes at the end of a project whose plans went to the Building Authority earlier. Our guide to submitting building plans covers that earlier stage.

Who applies and what they certify

BD says the application should be made by the people responsible for the project:

• the Authorized Person (AP);
• the Registered Structural Engineer (RSE);
• the Registered Geotechnical Engineer (RGE); and
• the registered contractor (RC).

They certify on a specified form that the building has been completed in accordance with the Buildings Ordinance and its regulations and the plans approved for it, and that it is structurally and geotechnically safe. The RSE certifies the structural safety and the RGE the geotechnical safety. APP-78 says the AP should make sure all building works are satisfactorily completed in accordance with the approved plans and the Ordinance, and that the requisite certificates, record plans and schedules go in with the formal application.

As a buyer or tenant you do not apply for an OP yourself. The developer or owner appoints the professionals and the contractor, and the Building Authority issues the permit.

Forms BA12 and BA13

Both forms are on BD’s forms page for new building works. Each one combines a certificate of completion with the application.

BD says the certificate of completion and the OP application are usually submitted together on Form BA12 or BA13 and processed together within 14 days under section 21.

What happens after the application goes in

1. Submission. The completed form goes to the Building Authority with the requisite certificates, record plans and schedules.
2. Inspection and document check. The Building Authority inspects the building and examines the documents.
3. Decision within 14 days. By law, the Building Authority must process an OP application within 14 days.
4. Issue or refusal. BD says an OP is issued only when the building is ready for occupation.

Why an application can be refused

• Blatantly incomplete works. APP-78 says that if inspection shows building works controlled under the Ordinance are blatantly incomplete, for example sanitary fitments or fire doors not installed, the application will be summarily refused.
• Fire safety. If the works do not comply with the Fire Safety Code, the application may be refused under section 21(6) of the Buildings Ordinance.

How to look up the OP for a building you own or rent

BD keeps records of occupation permits issued for private buildings. You can see them in two ways:

• Online through BRAVO. BD’s Building Records Access and Viewing On-line (BRAVO) system lets you view building and minor works records over the internet after paying a fee, then order copies. You can search by occupation permit number among other methods.
• In person. You can visit BD’s Building Information Centre and apply to view and copy building records, minor works records and occupation permits for your property.

Check the current charges on BRAVO before you order.

What the OP does and does not tell you

BD’s guidance on the rights and responsibilities of building owners says the permit generally describes the building and its permitted uses. For the approved use of a specific part of a building, it says you should always refer to the latest approved building plans. If the use of one flat, shop or roof matters to you, ask for the approved plans as well as the OP.

Common mistakes

• Reading the OP as a full history. It records the building as completed. For later work, look at the approved plans and the minor works records BRAVO also holds.
• Mixing up an OP and a temporary OP. Check which form and which permit apply to the building or part you care about.
• Thinking a practice issues the OP. Only the Building Authority does. An architecture practice may provide the AP on a project, but the appointment belongs to a named person. Check that person on the Buildings Department registers.
• Forgetting the contractor. The registered contractor is one of the parties who certify completion. Our guide to registered contractors explains the contractor registers.

Our architecture directory lists practices from their own websites. A listing is not a Buildings Department appointment. ranked.hk is not the Buildings Department, and this guide is not legal advice.