Mandatory Building Inspection Scheme and
Mandatory Window Inspection Scheme

• Background of Mandatory Building and Window Inspection Scheme
  
  
• Mandatory Building Inspection Scheme - Brief Introduction
  
  
• Mandatory Window Inspection Scheme - Brief Introduction
  
  
• Frequently Asked Questions (FAQ)

Background of Mandatory Building and Window Inspection Scheme


Building neglect has been a long-standing problem in Hong Kong. With buildings ageing, incidents such as concrete spalling and windows falling from heights happen from time to time. These pose safety hazards to building users and passersby, and owners have to bear huge compensation responsibilities. The main cause is that some owners lack awareness of building maintenance and do not seriously take up the responsibility of regular inspection and maintenance of their own properties.

"Prevention is better than cure". If owners can regularly inspect their buildings, identify problems at an early stage and carry out remedial works, accidents can be avoided. The policy on mandatory building inspection and mandatory window inspection has been under preparation for years, and the community has also thoroughly discussed the subject. The Government conducted two rounds of public consultation in 2003 and 2005. The community consensus obtained is that owners should be responsible for the proper maintenance and repair of buildings and shoulder the costs required. Based on this consensus, the Government announced in 2007 that it would legislate for the implementation of the mandatory building inspection scheme (MBIS) and mandatory window inspection scheme (MWIS), requiring owners to regularly inspect and repair their buildings and windows. The Government will also provide appropriate assistance to owners.

The Government has subsequently consulted the Legislative Council (LegCo) and professional bodies relating to building inspection and repair on the modus operandi of the schemes in order to refine the details. The Government has also implemented various support measures for owners, and obtained the agreement of the Hong Kong Housing Society (HKHS) and the Urban Renewal Authority (URA) to help provide assistance to owners in need.

The MBIS and MWIS were introduced with the enactment of relevant amendments to the Buildings Ordinance through the Buildings (Amendment) Ordinance 2011 in June 2011 and the subsidiary legislations including the Building (Inspections and Repairs) Regulation in December 2011.  The legislations empower the Building Authority (BA) to issue statutory notices to owners as necessary requiring them to carry out prescribed inspections and prescribed repairs of their buildings and windows every 10 years and 5 years respectively. The legislations also provide for matters relating to the appointment, control and duties of Registered Inspectors (RIs) and Qualified Persons (QPs) as well as the procedural requirements for such inspections and repairs of the buildings and windows respectively.

The Buildings Department (BD) has commenced the registration for RIs on 30 Dec 2011 and full implementation of the MBIS/MWIS is scheduled to commence on 30 June 2012.

Mandatory Building Inspection Scheme - Brief Introduction

Requirements under Mandatory Building Inspection Scheme (MBIS)

Under the MBIS, the Buildings Department (BD) will serve statutory notices to owners of buildings aged 30 years or above (except domestic buildings not exceeding 3 storeys) once every 10 years. Each year, the BD will select 2 000 such buildings for serving the statutory notices under the MBIS. Owners of these buildings served with the statutory notices are required to appoint a Registered Inspector (RI) to carry out the prescribed inspection and to appoint a Registered Contractor (RC) to carry out the prescribed repair works found necessary of the common parts, external walls and projections or signboards of the buildings under the supervision of an RI.

Implementation Timetable

The BD commenced the registration of RI on 30 December 2011 and full implementation of the MBIS is scheduled to commence on 30 June 2012

RI for MBIS

An RI may be an Authorized Person (AP), Registered Structural Engineer (RSE) or registered building professionals possessing relevant work experience in the field of building construction, repair and maintenance. The BD keeps a register of RI which is available on the BD’s website for public viewing.

RC

The RC carrying out the prescribed repair shall be a Registered General Building Contractor (RGBC) or a Registered Minor Works Contractor (RMWC) who is qualified to carry out the rectification and repair works. The BD keeps the registers of RGBC and RMWC which are available on the BD’s website for public viewing.

Selection of Target Buildings

The target buildings selected each year for implementing the MBIS would represent a mix of buildings in different conditions and age profiles in different districts. A selection panel comprising representatives from professional institutions, relevant non-governmental organisations, property management professionals, District Councils and relevant Government departments is established to advise the BD on the selection of target buildings.

Scope of Building Inspection

The RI appointed by owners of a building shall carry out inspection and supervise the repair works found necessary of the common parts, external walls and projections or signboards of the buildings.

The inspection shall cover the following building elements:
(a) External elements and other physical elements;
(b) Structural elements;
(c) Fire safety elements;
(d) Drainage system; and
(e) Identification of unauthorised building works in the common parts and on the exterior of the building.

Procedures under MBIS

The BD issues pre-notification letters to the owners/owners’ corporation (OC) of the target buildings 6 months before the issue of statutory notices to alert them to get prepared and organised for carrying out the required prescribed inspection and repair. Six months after the issuance of pre-notification letters, the BD will issue statutory notices to the owners/OC of the target buildings. The owners/OC should appoint an RI and complete the prescribed inspection within 6 months from the date of the notice, and complete the prescribed repair (if required) within 12 months from the date of the notice. An extra 3 months will be allowed for buildings without an OC to organise the required inspection and repair works.

Synchronisation with the Mandatory Window Inspection Scheme (MWIS)

For the 2 000 buildings selected for implementing the MBIS each year, the BD will also implement the MWIS in these buildings simultaneously. Please refer to the pamphlet on the MWIS published by the BD for information on the MWIS.

Assistance for Owners

To dovetail with the implementation of the mandatory inspection schemes, the Government, in collaboration with the Hong Kong Housing Society (HKHS) and the Urban Renewal Authority (URA), will launch various assistance schemes to help owners comply with the statutory requirements. Owners may contact the BD on matters regarding the enforcement of the statutory notices. For matters on the provision of information for technical and financial assistance, a one-stop contact point will be provided to the owners for contacting the HKHS/URA. Eligible owners may obtain various forms of assistance and support from the HKHS/URA and the Government at different stages of the schemes.

Legal Liabilities of Owners/OC

The owners/OC who do/does not comply with a statutory notice for mandatory building inspection without any reasonable excuse may be prosecuted. The BD may also arrange for the required inspection and repair works to be carried out by its consultant and contractor, and then recover the cost of inspection and repair works as well as the supervision charge from the owners/OC, together with a surcharge of not exceeding 20% of the cost.

Enquiry

Any enquiry on this pamphlet and complaint about malpractices of RIs or RCs in the carrying out of the prescribed inspection or prescribed repair of their buildings may be addressed to the Buildings Department:

For enquiry on technical and financial assistance:

Buildings Department
May 2012

Mandatory Window Inspection Scheme - Brief Introduction

Requirements under Mandatory Window Inspection Scheme (MWIS)

Under the MWIS, the Buildings Department (BD) will serve statutory notices to owners of buildings aged 10 years or above (except domestic buildings not exceeding 3 storeys) once every 5 years. Each year, the BD will select 5 800 such buildings for serving the statutory notices under the MWIS. Owners of these buildings served with statutory notices are required to appoint a Qualified Person (QP) to carry out the prescribed inspection and to appoint a Registered Contractor (RC) to carry out the prescribed repair works found necessary of all windows of the buildings under the supervision of a QP.

Implementation Timetable

Full implementation of the MWIS is scheduled to commence on 30 June 2012.

QP for MWIS

A QP may be an Authorized Person (AP), Registered Structural Engineer (RSE), Registered Inspector (RI), Registered General Building Contractor (RGBC) or Registered Minor Works Contractor (RMWC) registered for the class, type and item of minor works in respect of windows. Please refer to the BD’s website for details of the various registers of AP, RSE, RI, RGBC and RMWC.

RC

The RC to be appointed by the owners for carrying out the prescribed repair of windows shall be an RGBC or an RMWC registered for the class, type and item of minor works in respect of windows. Please refer to the BD’s website for details of the various registers of RGBC and RMWC.

Selection of Target Buildings

The target buildings selected each year for implementing the MWIS would represent a mix of buildings in different age profiles in different districts. A selection panel comprising representatives from professional institutions, relevant non-governmental organisations, property management professionals, District Councils and relevant Government departments is established to advise the BD on the selection of target buildings.

Scope of Window Inspection

The inspection required under the MWIS covers all the windows in the common parts of a building and within individual premises of the building.



Procedures under MWIS

The BD issues a pre-notification letter to the owners’ corporation (OC) or posts the letter at a conspicuous part of the target building to alert the owners/OC to get prepared and organised for carrying out the required prescribed inspection and repair. One to two months after the issuance or posting of the pre-notification letter, the BD will issue statutory notices to the owners/OC of the target building. The owners/OC should appoint a QP within 3 months from the date of the notice and complete the prescribed inspection and repair (if necessary) within 6 months from the date of the notice. An extra 3 months will be allowed for buildings without an OC to organise the required inspection and repair works.

Synchronisation with the Mandatory Building Inspection Scheme (MBIS)

Among the 5 800 buildings selected for implementing the MWIS, the BD will also implement the MBIS in 2 000 of these buildings simultaneously. For those buildings served with statutory notices under both the MWIS and MBIS, the time frame for compliance with the MWIS Notice may follow that of the MBIS Notice. For information on the MBIS, please refer to the pamphlet on the MBIS published by the BD.



Assistance for Owners

To dovetail with the implementation of the mandatory inspection schemes, the Government, in collaboration with the Hong Kong Housing Society (HKHS) and the Urban Renewal Authority (URA), will launch various assistance schemes to help owners comply with the statutory requirements. Owners may contact the BD on matters regarding the enforcement of the statutory notices. For matters on the provision of information for technical and financial assistance, a one-stop contact point will be provided for contacting the HKHS/URA. Eligible owners may obtain various forms of assistance and support from the HKHS/URA and the Government at different stages of the schemes.

Legal Liabilities of Owners/OC

The owners/OC who do/does not comply with a statutory notice for mandatory window inspection without any reasonable excuse may be served with a penalty notice for a fixed fine of $1,500. Repeated offenders may be prosecuted. The BD may also arrange for the required inspection and repair works to be carried out by its consultant and contractor, and then recover the cost of inspection and repair works as well as the supervision charge from the owners/OC, together with a surcharge of not exceeding 20% of the cost.

Enquiry

Any enquiry on this pamphlet and complaint about malpractices of QPs or RCs in the carrying out of the prescribed inspection or prescribed repair of the windows of their buildings/premises may be addressed to the Buildings Department:

For enquiry on technical and financial assistance:

Buildings Department
May 2012

Frequently Asked Questions (FAQ)

Buildings (Amendment) Ordinance 2011

What are the requirements under the legislation?

The Buildings (Amendment) Ordinance 2011 introduces the MBIS and MWIS.

Under the MBIS, owners of buildings aged 30 years or above (except domestic buildings not exceeding 3 storeys) are required to appoint an RI to carry out the prescribed inspection and supervise the prescribed repair works found necessary of the common parts, external walls and projections or signboards of the buildings once every 10 years.

Under the MWIS, owners of buildings aged 10 years or above (except domestic buildings not exceeding 3 storeys) are required to appoint a QP to carry out the prescribed inspection and supervise the prescribed repair works found necessary of all windows of the buildings once every 5 years.

The BD will issue statutory notices to owners of these buildings for the carrying out of the prescribed inspection and prescribed repair. Each year, 2 000 buildings will be selected for both the MBIS and MWIS to be carried out concurrently, and another 3 800 buildings for the MWIS only to be carried out.

Will all buildings meeting the building age requirements have to carry out mandatory building and window inspections at the same time?

The Buildings Department (BD) will make arrangements to spread out buildings meeting specified building ages to carry out inspections, and select a suitable number of buildings to carry out building and window inspections every quarter.

How will the Government select target buildings?

The target buildings selected for each year would represent a mix of buildings in different conditions and age profiles in different districts. A selection panel comprising representatives from professional institutions, relevant non-governmental organizations, property management professionals, District Councils and relevant Government departments is established to render advice to the BD for the selection of target buildings for the two schemes. The BD will issue pre-notification letters to building owners advising them of the selection of their buildings as target buildings to allow them ample time to get prepared and plan ahead. 

To minimise disturbance to owners, the BD will endeavour to synchronise the implementation of the MBIS and MWIS. Buildings selected for the MBIS will also be selected for MWIS under the same cycle as far as practicable, so that owners can carry out inspections and repair works under both schemes concurrently.

What are the procedures under the mandatory building and window inspection schemes?

Procedures under MBIS

1. The BD issues pre-notification letters to the owners of the selected buildings 6 months before the issue of statutory notices to alert them to get prepared and organized for carrying out the required prescribed inspection and repair.
2. Six months after the pre-notification letters are issued, the BD issues statutory notices to the owners of the selected buildings requiring them to carry out the prescribed inspection and the prescribed repair works if found necessary in respect of the common parts, external walls and projections or signboards within the specified time frame.
3. The building owners served with a notice under the MBIS (in most of the cases, the co-owners or Owners’ Corporation (OC) of the building concerned) must appoint an RI to carry out the required inspection within the specified time frame.
4. The RI must carry out the prescribed inspection personally, unless exempted by the relevant provisions of the subsidiary legislation, to ascertain whether the building has been rendered dangerous or is liable to become dangerous.
5. Where the RI considers that a prescribed repair is required, the owners concerned must appoint a registered general building contractor (RGBC) or a registered minor works contractor (RMWC) to carry out the prescribed repair under the supervision of an RI (who may be the same as or different from the RI that carried out the prescribed inspection, as the owners may decide).
6. Upon completion of the prescribed inspection and prescribed repair, the RI so appointed must submit an inspection report and a completion report respectively, together with a certificate in the specified form, to the BA for record and audit check.

 Procedures under MWIS

1. The BD issues pre-notification letters to the OC or posts the letters at a conspicuous part of the selected building at least 1month before the issue of statutory notices to give advance notice to the building owners for carrying out the required prescribed inspection and repair. The letter will not be issued to each of the individual owners.
2. One to two months after the issuance or posting of the pre-notification letter, the BD issues statutory notices to the owners of the selected buildings, requiring them to carry out the prescribed inspection and the prescribed repair works if found necessary in respect of the windows within the specified time frame.
3. The building owners served with a notice under the MWIS must appoint a QP to carry out the required inspection within the specified time frame.
4. The QP must carry out the prescribed inspection personally to ascertain whether the windows have been rendered dangerous or are liable to become dangerous.
5. Where the QP considers that a prescribed repair is required, the owners concerned must appoint an RMWC (who is registered for the minor works in respect of windows) or an RGBC to carry out the prescribed repair under the supervision of a QP (who may be the same as or different from the QP that carried out the prescribed inspection, as the owners may decide).
6. If the QP is an RMWC or RGBC, the QP may also act as the contractor to carry out the prescribed repair in respect of the windows inspected by the QP.
7. Upon completion of the prescribed inspection and prescribed repair, the appointed QP must submit a certificate in the specified form to the BA for record and audit check.

How will the Government handle unauthorised building works (UBWs) identified during mandatory building inspections?

Under the MBIS, RIs have to report to the BD UBWs identified in the common parts of the building and on the exterior of the building. The BD will deal with such UBWs in accordance with the prevailing enforcement policy. It will take priority enforcement actions against UBWs constituting an obvious hazard or imminent danger to lives and properties or UBWs that are newly constructed, requiring owners to demolish the same.

Who are the RIs for MBIS?

The RI appointed to carry out the prescribed building inspection or supervision of the prescribed building repair works under the MBIS shall be a person whose name is for the time-being on the inspectors’ register kept by the BA.  An RI may be an Authorized Person(AP), Registered Structural Engineer(RSE) or registered building professionals possessing relevant work experience in the field of building construction, repair and maintenance whose name is on the inspectors’ register.
Please refer to the BD’s website for details of the register. 

Who are the QPs for MWIS?

The QP appointed to carry out the prescribed inspection and prescribed repair for windows under the MWIS shall be a person whose name is for the time being on one of the registers kept by the BA. They include
(a) APs;
(b)RSEs;
(c) RIs;
(d) RGBCs;
(e) RMWCs or RMWCs (Provisional), registered for the class, type and item of minor works in respect of windows.
Please refer to the BD’s website for details of the various registers

How will the Government regulate service providers?

The Government will ensure proper regulation of service providers through the following measures under the BO and its subsidiary regulations including the Building (Inspection and Repair) Regulation (B(I&R)R):

1. Establish a register and regulatory mechanism under the BO, as well as Inspector Registration Committees to scrutinize the professional standards for registration as RIs.
2. Issue detailed guidelines on the requirements and standards of building inspections, window inspections and repair works, the Code of Practice for MBIS and MWIS and Practice Note on Best Practices on Tendering Procedures.
3. Conduct random detailed audit checks of inspection reports submitted by RIs, and impose appropriate sanctions for irregularities identified.
4. Issue publicity materials and provide enquiry/complaint channels on malpractices of RIs/QPs.

What will be the consequences if owners/OC do not comply with statutory requirements?

Owners/OC who do not comply with a statutory notice for mandatory building inspection without any reasonable excuse may be prosecuted and is liable upon conviction to a fine of $50,000 and imprisonment for 1 year. Owners/OC who do not comply with a statutory notice for mandatory window inspection without any reasonable excuse may be served with a penalty notice for a fixed fine of $1,500.  Repeated offenders may be prosecuted and is liable upon conviction to a fine of $25,000 and imprisonment for 3 months.  The BD may also arrange for the required inspection and repair works to be carried out by its consultant and contractor , and then recover the cost of inspection and repair works as well as supervision charge from the owners/OC, together with a surcharge of not exceeding 20% of the cost.

Assistance to Owners

To dovetail with the implementation of the two mandatory inspection schemes, the Government, in collaboration with the HKHS and the URA, will launch various assistance schemes to help owners comply with the statutory requirements. Owners may contact the BD on matters regarding the enforcement of the statutory notices. A one-stop contact point will be provided for contacting the HKHS/URA for the provision of information for technical and financial assistance. Eligible owners may obtain various forms of assistance and support from the HKHS/URA and the Government at different stages of the two mandatory inspection schemes:

Organization Stage

• Briefing sessions will be arranged for the owners concerned to assist them to comply with the statutory notices. (BD/Home Affairs Department (HAD)/HKHS/URA/ICAC)
• Technical advice in respect of appointment of RIs, QPs and RCs. (HKHS/URA/ICAC)
• Assistance to building owners to form OCs. (HAD/ HKHS/URA).
• A subsidy of up to $3,000 per OC to be formed and technical assistance for OC formation. (HKHS/URA)

Inspection/Repair Stage

• Subsidy on the cost of appointment of RIs for the first prescribed building inspection to eligible owners, subject to a cap. (HKHS/URA)
• Technical advisory services in respect of matters relating to building and window inspection and maintenance, and where necessary, referral to representative of relevant professional bodies for free professional advice. (HKHS/URA)
• The one-stop Integrated Building Maintenance Assistance Scheme (IBMAS) providing financial assistance and technical support to building owners. (HKHS/URA)

Under the IBMAS, owners can simply complete one set of application forms for multiple applications which include the following various types of grants and/or interest-free loans to those who meet the eligibility criteria of the respective assistance schemes to carry out building and window repair works :

• Common Area Repair Works Subsidy – For eligible buildings, a subsidy of 20%-30% of repair costs of up to $3,000 per unit capped at $1.2 million per OC. (HKHS/URA)
• Common Area Repair Works Interest-free Loan – An interest-free loan of up to $100,000 per domestic unit for building common area repair works will be provided to eligible owners. (HKHS/URA)
• Home Renovation Interest-free Loan – An interest-free loan of up to $50,000 per domestic unit for interior repair works ( including windows ) will be provided to eligible owners. (HKHS/URA)
• Building Safety Loan Scheme – Loans to owners ( up to $ 1 million for each unit of accommodation) for carrying out building and window inspection and repair works, and interest-free loans to owners meeting asset limit requirements.  (BD)
• Building Maintenance Grant Scheme for Elderly Owners  – A grant of up to $ 40,000 per unit will be granted to eligible elderly-owner occupiers meeting income and asset limit requirements for repair works in common areas and individual units. (Government fund administered by HKHS)

For details, please call 3188 1188.

After Repair

• After repair works under the IBMAS, a subsidy of 50% of the insurance premium for the public liability insurance/third party risks insurance for the common parts of the building of up to $ 6,000 per annum for 3 consecutive years will be provided to eligible buildings with repair completed. (HKHS/URA)

Recognition of Well-managed and Well-maintained Buildings

The HKHS will launch the Voluntary Building Assessment Scheme (VBAS) to give positive recognition to well-managed and properly maintained buildings. Buildings certified by the VBAS will be recognized by the BD for having fulfilled the requirements under the MBIS and MWIS (in respect of windows in common parts only) within the respective inspection cycles.  The HKHS aims to start receiving applications from building owners for participating in the VBAS in the second quarter of 2012.  For details, please call 8108 0108.

Enquiry

Any enquiry on the two schemes may be addressed to the Buildings Department:

For enquiry on technical and financial assistance:

Last revision date : 8 May 2012