Minor Works Control System

Introduction 

Under the Buildings Ordinance, the carrying out of large-scale building works or works of a very simple nature (such as the erection of drying racks on the external walls of household apartments) are governed by the same set of controls, including the requirements to obtain prior approval and consent from the Building Authority (i.e. Buildings Department) before commencement of works and to appoint Authorized Persons (i.e., architects, engineers and surveyors registered under the Buildings Ordinance), and registered professionals to design and supervise the works as well as registered contractors to carry them out. 

The requirements of the current system are too stringent for minor works which are of a smaller scale and pose a lower level of risk. This not only creates difficulties on control and enforcement, but also results in many unauthorized building works. 

In view of the above, the Government proposes to amend the Buildings Ordinance to introduce a minor works control system to facilitate members of the public to carry out minor works lawfully through simplified procedures with an aim to improving building safety in Hong Kong. 

This article is not a legal document. It aims to outline the main features of the minor works control system to enhance the public's understanding of the system. 
　 

Minor Works 

Under the proposal, minor works will be classified into three classes according to their scale, complexity and risk to safety and will be subject to different degrees of control: 

• Class I includes those relatively more complicated minor works, e.g. installation of internal staircases connecting two floors, repair of columns or load bearing walls and removal of large-scale illegal roof-top structures. 
  
  

• Class II comprises those of a comparatively lower complexity and risk to safety, e.g. repair of non-load bearing external walls, installation or repair of external rendering or external wall tiles and erection of medium-size projecting signboards. 
  
  

• Class III mainly includes common household minor works, e.g. erection of supporting frames for air-conditioners, drying racks and window canopies. 

Procedures for Carrying Out Minor Work

Under the new system, there is no need to obtain prior approval of plans from the Building Authority (i.e. Buildings Department) to undertake minor works. Owners can appoint technical personnel of different qualifications in accordance with the complexity of the works: 

Class I Minor Works	should be designed and supervised by prescribed building professionals (i.e. Authorized Persons, Registered Structural Engineers or Registered Geotechnical Engineers), and carried out by prescribed registered contractors.
Class II Minor Works	only require the appointment of prescribed registered contractors (companies).
Class III Minor Works	only require the appointment of prescribed registered contractors (companies or individual practitioners)

Notification of Works 

Depending on the class of minor works, appointed prescribed building professionals/prescribed registered contractors should: 

	Class I	Class II	Class III
provide simple notification and submit plans and documents to the Building Authority for record before commencement of works
submit record plans, certificates and documents to the Building Authority after completion of works

Registration of Minor Works Contractors and Practitioners

A register of minor works contractors will be established under the new system. Contractor companies and individual practitioners can register as minor works contractors of the relevant classes and types by virtue of their work experience, qualifications and competence. 

Classes I and II minor works contractors are companies, while Class III minor works contractors can be companies or individuals. 

Short top-up training courses will be provided to upgrade the applicants' standards and enhance their knowledge of the new statutory requirements. 
　

Household Minor Works Validation Scheme

A "Household Minor Works Validation Scheme" will be established under the minor works control system to facilitate the public to retain, after validation, three kinds of minor works installations (i.e. supporting frames for air conditioners, drying racks and small canopies) undertaken without the prior approval of the Building Authority before the commencement of the new legislation. 

Owners should appoint prescribed building professionals / prescribed registered contractors to inspect and certify the works to ensure that the safety requirements are met. Depending on the circumstances, reinforcement works may have to be carried out. Validation reports should be submitted to the Buildings Department. 

Enforcement action will not be taken by the Buildings Department against the validated minor works unless their safety conditions change. 


Benefits of the New System

• The statutory application procedures for carrying out minor works will be greatly simplified.
  
  

• The quality of works can be assured as they will be carried out by registered personnel. 
  
  

• Through the "Household Minor Works Validation Scheme", certain minor household installations constructed without prior approval can be retained. 
  
  

• Building safety will be enhanced 

Support Measures

To facilitate public understanding on how to carry out minor works under the new system, the Government will put in place the following support measures: 

• The Buildings Department will collaborate with the Hong Kong Housing Society and its Property Management Advisory Centres to provide advisory services to answer public enquiries. 
  
  

• Tailor-made guidelines will be published for building owners and users from different sectors.
  
  

• Detailed technical guidelines will be promulgated for prescribed registered contractors. 
  
  

• Reference information will be uploaded onto the Buildings Department's website for information of the general public. 
  
  

• Extensive promotion campaigns will be launched to strengthen public understanding of the new system. 

Frequently Asked Questions 

Under the new system, is it necessary to appoint registered minor works contractors to carry out common household renovation works and other works of a very small scale?

Common household renovation works, such as painting, internal rendering/ plastering/ wall-paper works and alteration of internal non-load bearing walls, are already exempted works under the current Buildings Ordinance.

For the above works, the Building Authority's prior approval of building plans and consent to commence work are not required. It is also not necessary to appoint prescribed building professionals and prescribed registered contractors to carry out such works. 



What are the legal obligations of building owners when they carry out household minor works under the minor works control system?

Under the new legislation, building owners may themselves appoint qualified companies or individuals to carry out minor works or employ an agent such as a design firm to arrange for such appointment. In general, the persons, whether the owners themselves or the agents, who arrange for the appointment of contractors will have the legal obligation to ensure that the contractor is qualified to carry out such minor works. They may be liable to prosecution if they knowingly appoint unqualified contractors to carry out the works. 

What are the legal obligations of prescribed building professionals/ prescribed registered contractors in carrying out minor works?

Prescribed registered contractors should only undertake the minor works for which they have been registered. Both prescribed building professionals and prescribed registered contractors should comply with the relevant statutory and safety requirements. They also have the responsibility to provide accurate advice to building owners concerning the works, for example the classification of the minor works to be conducted and the types of contractor that have to be engaged. If they contravene these requirements, they may be subject to disciplinary action or prosecution.



If unauthorized minor works have been completed in the house without prior approval of the Building Authority before the commencement of the new legislation, what should the owner do under the new system?
 
Building owners can make use of the "Household Minor Works Validation Scheme" to retain three types of minor works i.e. supporting frames for air conditioners, drying racks and small canopies installations undertaken without the prior approval of the Building Authority before the commencement of the new legislation. 

Owners can, in accordance with their needs, take the opportunity of large-scale maintenance works of their buildings (e.g. works under the proposed Mandatory Building Inspection Scheme or the Buildings Department's large scale enforcement operations) to validate and retain these three types of unauthorised works using the Scheme. This may help owners to economise on money and time.
 
All works which commence after the implementation of the new system have to follow the law and will not be covered by the Validation Scheme. 



When will the new system come into operation? 

The Government introduced the Buildings (Amendment) Bill 2007 into the Legislative Council to establish the new minor works control system in late 2007. The Bill was passed by the Legislative Council in June 2008 and the Buildings (Amendment) Ordinance 2008 published in Gazette on 27 June 2008. The Government is now preparing the corresponding subsidiary regulations with a view to submitting these regulation to the Legislative Council in 2008/09 Legislative Session. We expect the minor works control system can be implemented by the end of 2009. 

Enquiries

For enquiries about the Buildings (Amendment) Ordinance 2008, please contact the Buildings Department: 

Click here for the contents of the Buildings (Amendment) Ordinance 2008

Last Revision Date : 29 July 2008