LCQ7: Installation of windows at balconies of public rental housing flats
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Question:
The flats in some old public rental housing (PRH) estates in Hong Kong (e.g. Kai Yip Estate, Kowloon Bay) are equipped with open-fronted balconies. In the past, quite a number of residents of those housing estates installed aluminum windows on their own initiatives to keep wind and rain out of the balconies and kitchens in which cooking utensils and electrical appliances were placed. Upon the full implementation of the Minor Works Control System under the Buildings Ordinance (Cap. 123) in 2010, PRH residents must first obtain an “approval-in-principle letter” from the Housing Department (HD) before they may carry out window installation works, and the relevant works must comply with the requirements under the relevant legislation regarding natural lighting and ventilation for rooms. HD indicated in 2014 that 60 000-odd flats in those old PRH estates would not meet the aforesaid legal requirements after installation of windows at the balconies (affected PRH flats). As such, HD would not grant approval to residents for installing windows at the balconies of such flats. HD has suggested the residents concerned using mobile wind shutters, watertight shutters or PVC screens at the balconies. However, some residents have pointed out that those installations are ineffective in keeping out wind, rain and cold currents, and the wet and slippery balconies could easily cause fire due to short circuit in electrical appliances as well as slip and trip accidents resulting in injuries to the residents. In this connection, will the Government inform this Council:
(1) of the legislative intent of the legal requirements regarding natural lighting and ventilation; whether it has conducted any reviews to see if those requirements still suit the present circumstances; if such reviews have been conducted, of the outcome;
(2) of the current number of affected PRH flats, together with a breakdown by housing estate;
(3) given that HD indicated in reply to my enquiry in 2014 that HD and the Buildings Department would continue to hold discussions on whether or not tenants could install windows at balconies of PRH flats, of the latest progress of such discussions; and
(4) whether HD will suggest better ways, apart from the use of installations such as wind shutters, for residents to keep out wind and rain; if HD will, of the details; if not, the reasons for that?
Reply:
President,
My consolidated reply to the various parts of the question raised by the Hon Alan Leong is as below.
The requirements for natural lighting and ventilation under the Buildings Ordinance (BO) (Cap. 123) are stipulated in regulations 30 and 31 of the Building (Planning) Regulation (Cap. 123F). These regulations require every room for habitation or for the purpose as a kitchen should be provided with windows of specified minimum glazing and openable areas. The objective of the requirements is to ensure adequate natural sunlight and air ventilation to the indoor area in order to enhance public hygiene and to reduce the risk of disease spreading. Generally speaking, the above requirements are applicable to all privately-owned buildings in Hong Kong.
Despite the fact that not all public rental housing (PRH) units are subject to BO [Footnote], the Independent Checking Unit (ICU) of the Transport and Housing Bureau imposes building control over new housing development projects and completed buildings developed by the Hong Kong Housing Authority (HA) either as required by the Ordinance or under a similar approach according to the respective building categories. Some of the units in older PRH building blocks under HA are equipped with balconies and anti-burglary grilles. In the past, a large number of PRH tenants installed their windows at the balconies on their own initiatives. From time to time, PRH tenants reflected that the balcony floor had become less slippery as a result of the installation of windows, which helped keep out wind and rain. Having taken into account the situation, HA allowed the installation of windows by PRH tenants at their own expenses upon application to HA.
Since the provisions under the BO regarding the Minor Works Control System came into effect in 2010, HA requires PRH tenants who intend to install windows on their own initiatives to make a submission to ICU regardless of whether their units are subject to statutory regulation. However, as a result of the constraints in the building design of some older PRH block types, proposals for the installation of windows in some PRH units failed to pass the vetting of ICU on account of non-compliance with the requirement on natural lighting stipulated under the Building (Planning) Regulations. Hence, those proposals were not approved by HA in its capacity as the landlord.
Taking into account the views of tenants of the units concerned, HA has been discussing with ICU on the technical issues regarding the installation of balcony windows in PRH units in those older block types with a view to arriving at a probable solution. After extensive in-depth deliberations and given the minimal impact on natural lighting arising from the installation of additional windows in these units, HA formulated a prescribed window design applicable to these units which served to strike a balance between the statutory requirements and the constraints of the actual circumstances. HA made an application to ICU in 2014 requesting minor modification of the implementation of the above regulations in accordance with the mechanism set out in section 42 of BO. Since HA provided justifications to prove that the prescribed window design would not reduce the natural lighting and ventilation as provided in the original flat design, ICU granted the modification and agreed to the installation of balcony windows of the prescribed design in these older PRH units on the basis of the advice from the Buildings Department.
HA subsequently formulated a new set of application procedures for and design guidelines on the installation of balcony windows in end 2014. Tenants can make reference to such guidelines at their estate management offices. Currently, tenants of all PRH units can arrange for the installation of balcony windows on their own initiatives in accordance with HA’s design guidelines.
[Footnote] By virtue of section 41(1) of BO and section 18(2) of the Housing Ordinance (Cap. 283), buildings to be or is being constructed by HA, upon any land vested in or under the control and management of HA, or upon any land vested in HA and no part of which has been sold or otherwise disposed of shall be exempt from the provisions of BO. These include the buildings of a part of the existing PRH estates. Home Ownership Scheme buildings, Tenants Purchase Scheme buildings and buildings in HA’s public rental housing estates with divested retail and carparking facilities are subject to the control under BO.
Ends/Wednesday, July 13, 2016
Issued at HKT 15:46
Issued at HKT 15:46
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