The Government of Hong-Kong submitted a paper to the Legislative Council Panel on Housing detailing suggestions for the forthcoming “Fundamental Housing Unit.” The suggested minimum internal floor space for these units is established at 8 square meters.
Furthermore, the net height of the living space, bathroom, and kitchen (if applicable) must be a minimum of 2.3 metres from the floor to the ceiling, and at least 2 metres from the floor to the lowest point of any beam.
Concerning airflow and illumination, the government acknowledged the apprehensions of various stakeholders regarding the challenges of meeting window standards. Since the current courtyard must conform to designated statutory requirements to ensure adequate ventilation and light, the government proposes that if the lowest level of the relevant building has an entrance and exit, windows facing an entirely enclosed courtyard should still satisfy the minimum criteria.
In response to feedback indicating the necessity for more adjustment time for operators of registered units, the government has officially expanded the grace period from the initially considered 12 or 24 months to a total of 36 months post-registration period. This initiative aims to grant operators sufficient time to acclimate to the new regulatory framework and enable residents in non-compliant subdivided units to secure alternative housing solutions.
The legal proposals specify that each Fundamental Housing Unit must feature a self-closing smoke-proof door at its entrance. Additionally, the residential units must adhere to existing fire safety regulations as specified in the Building Ordinance. Each unit will also need to be fitted with an independent smoke detector.
The structural integrity of Fundamental Housing Units will be highlighted by the inclusion of non-load-bearing partition walls constructed from bricks or solid flooring to bolster the floor slab. These structures must comply with the load standards set forth by the Building Ordinance and will require licensed professionals to supervise their design and implementation.
Regarding sanitation facilities, each Fundamental Housing Unit must comprise a private bathroom, segregated from the living area and kitchen by walls and doors. Bathrooms cannot be situated on balconies or external corridors and must include effective waterproofing measures. While kitchen facilities are not mandatory, any unit lacking a kitchen must provide a water point and basin near the bathroom, along with sufficient waterproofing.
Each Fundamental Housing Unit must also have at least one operable window facing an external street, passageway, courtyard, or semi-enclosed courtyard. If the living area fails to meet legal ventilation and illumination standards, at least one window must open and face outdoor spaces.
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The government has recognized that concerns regarding compliance with these window requirements may be valid, prompting an amendment allowing enclosed courtyard windows to be permissible if the building satisfies specific entry-exit criteria. Additionally, to avert excessively small windows, a minimum glass area requirement of 0.1 square metres will be instituted.
To ensure sufficient airflow and illumination, each Fundamental Housing Unit must integrate an artificial lighting system and a mechanical ventilation setup capable of at least five air changes per hour, utilizing outdoor air. If a bathroom does not meet the required standards, it must have an artificial lighting system activated during use and an equivalent mechanical ventilation installation.
Enforcement authority has been granted to housing officials and enforcement personnel to supervise compliance under the Fundamental Housing regulations. Renting out non-compliant subdivided units without valid registration or certification may incur fines of up to $300,000 and imprisonment for three years, along with daily penalties for ongoing violations.
The government also aims to establish an appeals process for individuals dissatisfied with decisions made under the Fundamental Housing regulation framework, allowing challenges against registration and certification decisions to an independent committee composed of professionals from the construction, surveying, and engineering fields.