Does public law control the detailed design, appearance and method of construction of any new building?
Yes, the Buildings Ordinance (Cap. 123 of the Laws of Hong Kong) and derivative regulations, as well as the plans for land use can contain requirements regarding the building's technical and aesthetic design. Practice notes and guidelines issued by the Buildings Department impose further detailed requirements on the design of buildings. The Urban Design Guidelines also include objectives and standards for urban design (relating to district character and amenities, natural setting, landscape, etc). All plans must be submitted to the Building Authority for approval before construction. Beyond this, there remains a significant degree of freedom for the developer.
Buildings in the New Territories, a more rural area of Hong Kong, are subject to the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121 of the Laws of Hong Kong). More stringent statutory specifications are imposed on the construction of particular buildings called Small Houses, which are built in accordance with the Small House Policy under which male indigenous villagers who are at least 18 years old in the New Territories are allowed to build a house on Government land upon payment of a concessionary premium or on their land.