Do I need OP (Occupation Permit) before I can operate my business?
OP is a requirement under Building Control Order, 2014 (BCO) to ensure the building is safe for occupation and use. BCO focuses on building aspects rather than business activities. If you are planning to start a business and want to know whether you need an OP or any other building-related requirements before can start your business, start by answering the following questions:
1. Do you plan to amend or change any space, light and ventilation requirement?
2. Do you plan to amend or change any structural requirement?
3. Do you plan to amend or change any constructional requirement (such as party walls, cooking facilities, dimensions of staircases)?
4. Do you plan to amend or change any fire requirement and fire protection system (such as fire alarms, detection, extinguishment, fire-fighting access)?
5. Do you plan to amend or change any electrical installation or increase of power capacity?
6. Do you plan to amend or change any water, sewerage, sanitary, drainage or plumbing system?
7. Do you plan to amend or change any gas piping and detection system?
8. Do you plan to amend or change any use of building, road system, or car parking requirement?
If you answer “YES” to any of the questions above, you have to Obtain Development Permission (Dealing with Construction Permits Step 2).
For Question 8, you have to Obtain Planning Permission (Dealing with Construction Permits Step 1).
All of these will lead to Dealing with Construction Permits Step 3 – Obtain Permit to Commence Development and Step 4 – Obtain Occupation Permit.
Therefore, whether a business needs an OP depends on the building itself and any changes made to it. There is no straightforward answer but if the business is in a building with valid OP and no changes to the building are needed for the new business it is less likely an OP is needed. On the other hand, if the business is in a new building under development or where changes to an existing building are needed it is more likely an OP is needed.
If in doubt, you should consult a Qualified Person (QP), either a Professional Engineer (PE) or a Registered Architect, or ABCi to advise you accordingly.
