Minor Works Control System

The Government has amended the Buildings Ordinance in June 2008 to introduce the Minor Works Control System, facilitating members of the public to carry out minor works in private buildings lawfully through simplified procedures and thereby improve the building safety in Hong Kong.

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. Registration for minor works contractors under the new minor works control system commences on 30 December 2009.

Background

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 out the works.

The requirements of the above 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 has amended the Buildings Ordinance in June 2008 to introduce the Minor Works Control System (MWCS), facilitating members of the public to carry out minor works in private buildings lawfully through simplified procedures and thereby improve the building safety in Hong Kong. The Building (Minor Works) Regulation [B(MW)R], which provides for the modus operandi of the system, was passed by the Legislative Council in May 2009.

Minor Works

Under the minor works control system, a total of 118 items of building works have been included as minor works. The size, location and respective requirements of each item of minor works are set out in Schedule 1 of the B(MW)R. Under the new system, minor works are classified into three classes according to their scale, complexity and risk to safety and will be subject to different degrees of control:

1.	Class I (total of 40 items) includes those relatively more complicated minor works, for examples:
		Erection of internal staircase between two floors;
		Erection, alteration or repair of heavy metal gate at a fence wall or at an entrance to a building;
		Repair of any structural elements (including column, shear wall, flat slab, cantilevered slab) in accordance with the original design; and
		Removal of large-scale unauthorized structure on roof.

2.	Class II (total of 40 items) comprises those of a comparatively lower complexity and risk to safety, for examples:
		Erection, alteration or removal of external reinforced concrete wall (other than a load bearing wall) of a building
		Laying, repair or removal of external rendering, external wall tile or roof tile of a building
		Erection or alteration of medium-size projecting signboard; and
		Construction, alteration or repair of window or window wall.

3.	Class III (total of 38 items) mainly includes common household minor works, for examples,
		Erection of supporting frames for air-conditioners,
		Drying racks; and
		Window canopies.

With a view to facilitating easy reference by all concerned, we have also grouped the minor works items according to their categories. Please click Details of Minor Works for information.

Registration of Minor Works Contractors

Under the Buildings Ordinance, two registers respectively for Registered General Building Contractors (RGBC) and Registered Specialist Contractors (RSC) are maintained. Under the new system, a register of minor works contractors is established such that 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.

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

Click here for further details of Registration as Registered Minor Works Contractors

Simplified Requirements

	Class I minor works	Class II minor works	Class III minor works
Appointment of Prescribed Building Professionals	Authorized Persons (depending on nature of work) Registered Structural Engineers/ Registered Geotechnical Engineers	Not required	Not required
Appointment of Prescribed Registered Contractors	RGBC or RSC or Registered minor works contractors for Class I minor works	RGBC or RSC or Registered minor works contractors for Class I or II minor works	RGBC or RSC or Registered minor works contractors for Class I, II or III minor works

Household Minor Works Validation Scheme

A "Household Minor Works Validation Scheme" is established under the minor works control system to facilitate the public to retain, after validation, 4 items of household minor works installations, undertaken without the prior approval of the Buildings Department before the commencement of the new system, including:

1. supporting structure for an air-conditioning unit, water cooling tower or any associated air ducts located on-grade or on a slab (other than a cantilevered slab)
2. metal supporting frame for an air-conditioning unit or any associated air ducts projecting from the external wall of a building
3. drying rack projecting from the external wall of a building
4. canopy projecting from the external wall of a building

For more details of the above 4 items of household minor works, please refer to Schedule 3 of the B(MW)R.

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

Enforcement action for removing those validated minor works items will not be taken by the Buildings Department unless their safety conditions change.

Implementation date

The Minor Works Control System will be fully implemented within 2010.

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

The Buildings Department will put in place the following support measures by phases in order to facilitate public understanding on how to carry out minor works under the new system:

	The Buildings Department has collaborated with the Hong Kong Housing Society to set up a Technical Resource Centre in its Property Management Advisory Centre to provide advisory services and attend public enquiries.
	Tailor-made leaflets will be distributed to different trade operators.
	General Guidelines will be distributed for general public to enhance their understanding on MWCS and the appointment of qualified professionals and contractor to carry out works.
	Detailed Technical guidelines will be published for prescribed registered contractors.
	Relevant information will be uploaded onto the Buildings Department's website for information of the general public.
	Telephone hotlines to answer public enquiries.

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 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 four items of minor works including two items of 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 four items 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.

Other Information

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

Click here for the contents of the Building (Minor Works) Regulation Section 1 to Section 59

Click here for the contents of the Building (Minor Works) Regulation Section 60 to Section 66 and Schedule 1 to Schedule 3

Training Courses for Registration as Registered Minor Works Contractor (RMWC)

Enquiry

You are welcome to contact us on any queries in relation to Minor Works Control System﹕

Last revision date : 6 August 2010