Mandatory Roof Greening Scheme
Proposed Building (Green Roof) Regulation under the Buildings Ordinance
The green roof concept was not broadly introduced in Hong Kong in the past. However, the benefits of implementing a green roof has long been acknowledged. The government should take the first step to promote and introduce green roof to all buildings in Hong Kong. A mandatory roof greening scheme is proposed to make every roof becomes green.
Policies related to green roof have long been implemented in various foreign countries and cities such as Portland in US, Switzerland, Canada, German, Japan etc. Linz in Australia is one of the first cities enacts law to make green roofs legally binding. There are different underling motivations why cities start up the greening policies in such an early stage. For instance, there is an urge on improvement on air quality for the sake of individual health or greening is necessary for a sustainable society. Every citizen and city is profoundly benefited from greening. At the end of the day, everything begins with legislation.
Legislation
The Mandatory Roof Greening Scheme (MRGS) is introduced with the proposed enactment of relevant amendments to the Buildings Ordinance through the Buildings (Amendment) Ordinance 2017 and the subsidiary legislation including the Building (Green Roof) Regulation in 2017. The legislation empowers the Green Roof Association (GRA) under the Building Authority to require all existing buildings* to have the net area of the green roof occupying not less than 10% of the area of the floor plate of the roof#. For new developments*, the net area of the green roof must occupy not less than 50% of the area of the floor plate of the roof#, new incentives schemes will become effective concurrently. The GRA under the legislation also issues statutory certificates to green roof materials suppliers (GRMS) and prescribed specifications for the green roof materials.
* Exempted for buildings located at the land use as described under the Outline Zoning Plan other than commercial, government, institution or community, industrial and residential use.
* Exempted for buildings without a flat and concrete roof.
# area of the floor plate of the roof (hereinafter, 'roof area') means the total floor area of an accessible roof, where access is provided in addition to such access as may be necessary for maintenance work only. ‘roof’ means the roof of the topmost covered floor(s) of a building.
Implementation
Cap. 123Q - Building (Green Roof) Regulation under the Buildings Ordinance will be enacted by the end of 2017.
Scope & Standard of MRGS
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Scope of Green Roof Implementation
a) Existing Buildings
1. For all existing buildings*, the net area of the green roof must occupy not less than 10% of the roof area.
2. The time allowed for the implementation is 5 years, with 1 year grace period.
3. Buildings aged 30 years or above and required to carry out prescribed inspection under the Mandatory Building Inspection Scheme are required to complete the inspection and necessary repair works before implementing the green roof.
4. Financial subsidy scheme will be offered on a ‘more subsidies for more green roof area and earlier implementation’ basis.
b) New Developments
1. For all new developments*, the net area of the green roof must occupy not less than 50% of the roof area.
2. Incentives schemes compatible with Joint Practice Notes No. 1 and 2 for bonus gross floor area will become effective after the enactment of this regulation.
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Regulation of Material Suppliers
The Government will ensure proper regulation of material suppliers through the following measures under the GRA and the legislation including the Building (Green Roof) Regulation.
1. Establish a suppliers register and regulatory mechanism under the BO, as well as Supplier Registration Committees to scrutinise the professional standards for registration as GRMSs.
2. Issue detailed guidelines on the requirements and standards of green roof implementation and the Code of Practice for the MRGS.
3. Conduct random detailed audit checks of reports submitted by GRMSs, and impose appropriate sanctions for irregularities identified.
4. Issue publicity materials and provide enquiry/report channels on malpractices of GRMSs.
Legal Liabilities of Owners/Owners’ Corporations (OC)[1]
The owners/OC of existing buildings of roof area less than 10,000 square feet who fail to comply with the mandatory roof greening without any reasonable excuse may be served with a penalty notice for a fixed fine of $1,500, while for the owners/OC of existing buildings of roof area 10,000 square feet or above may be served with a penalty notice for a fixed fine of $5,000. Repeated offenders may be prosecuted and are liable upon conviction to a fine of $15,000 and imprisonment for 1 month.
[1] Fixed fine of $1,500 for not complying with MWIS. Repeated offenders may be prosecuted and are liable upon conviction to a fine of $25,000 and imprisonment for 3 months.
Assistance for Owners/Property Managers
The government, the Greening, Landscape, Tree Management Section under the Development Bureau (GLTM) and the Hong Kong Green Building Council (HKGBC) stand ready to provide support and will organise district briefing sessions to introduce the scheme to the owners in order to encourage and help them implement the green roof.