Buildings Department - Public Services

The Department acts on reports on dangerous or defective buildings and advertising signs. It also initiates surveys on buildings to establish their general safety and sanitary conditions, to identify dangerous buildings or defective drains and to order such buildings or drains to be investigated, repaired or demolished. In emergency or blatant cases, the Department will carry out any necessary repair works in the first instance and recover the costs from the owners concerned afterwards.

The Department assists District Offices in improving the management of multi-storey buildings in their districts. In coordination with other law enforcement departments, the Department has launched a Coordinated Maintenance of Buildings Scheme

to encourage property owners and Owners Corporations to carry out regular maintenance to their buildings. The Department also implements the voluntary Building Safety Inspection Scheme to assist property owners and Owners Corporations to carry out preventive maintenance to their buildings. Furthermore, the Department supports Team Clean in tackling hygience blackspots.

If the owners do not comply with this Order, the Buildings Department will have the repair works carried out by a Government contractor. They will then be billed for all costs plus a supervision charge.
Not complying with the Statutory Order is a criminal offence with a maximum penalty of one year's imprisonment and a maximum fine of HK$50,000. For continuing offences, there is a further daily fine of HK$5,000.
The Order will also be recorded in the Land Registry.

Property owners have responsibilities to regularly inspect and maintain their buildings in a safe and sound condition. It is important that co-owners of a building volunteer and participate in the maintenance or renovation works, which serve to protect public safety and help create a safe and healthy living environment.

Owners who, without reasonable excuse, obstruct the Owners Corporation in the execution of works to comply with BD's order may be prosecuted and liable on conviction to a maximum fine of HK$10,000 and to imprisonment for 6 months.

Any additions or alterations to buildings without the prior approval of the Buildings Department are regarded as UBW. UBW have created tremendous problems to the community and are liable to be demolished. The Department takes a three-prong approach to curb new UBW, reduce number of existing UBW and attain a cultural change through education and publicity programmes. Based on the revised enforcement policy promulgated in April 2001, the Buildings Department has re-focused its priorities and broadened the scope for enforcement action against UBW.

Apart from dealing with the thousands of reports received each month, the Department proactively conducts large scale clearance operations to remove large number of appendages projecting from the external walls. To tackle serious fire hazards posed by unauthorized rooftop structures in single staircase buildings, the Department co-ordinates clearance operations against such UBW. Removal orders are issued requiring building owners to remove UBW from their properties within a specified period . Besides, the Department would issue statutory Warning Notice (WN) which could be registered against the property title. The aim is to stop proliferation and persistence of the UBW problem.

If the owners do not comply with this Order, the Buildings Department will have the demolition work carried out by a Government contractor. They will then be billed for all costs plus a supervision charge.
Not complying with the Statutory Order is a criminal offence with a maximum penalty of one year's imprisonment and a maximum fine of HK$200,000. For continuing offences, there is a further daily fine of HK$20,000.
The Order will also be recorded in the Land Registry and, if the property is mortgaged, the financial institution concerned will be notified.

Warning Notice

For UBW not categorized for immediate enforcement action.
There is a specified date (usually two months after issuance of the WN) on the WN to request the owners concerned to remove the UBW.
If the owners concerned disregard the WN, the notice will be registered with the Land Registry to constitute an encumbrance on the property title.

UBW may affect the safety of the building and devalue the property. Owners should, in their own interest, take the initiative to organize for the demolition of UBW in their premises. For UBW erected in the common areas of a building, the co-owners of the building should co-ordinate for demolishing the UBW. If the owners have incorporated themselves into a corporation under the Building Management Ordinance, such corporation should arrange for the demolition.

When serving repair orders, the Buildings Department will simultaneously serve orders to remove obstructing UBW to facilitate the repair works.

If building owners wish to carry out maintenance or renovation works to their building on their own accord, they can approach the Buildings Department for assistance if their works are obstructed by UBW. The Buildings Department will inspect their building, issue letters to the relevant owners and occupants advising them to remove the obstructing UBW, and serve removal orders on UBW which are newly erected, posing a danger to life or property, constituting a serious hazard or a serious environmental nuisance.

Building owners may of course also take action under the Deed of Mutual Covenant to effect removal of obstructing UBW.

Owners who, without reasonable excuse, obstruct the Owners Corporation in the execution of works to comply with BD's order may be prosecuted and liable on conviction to a maximum fine of HK$10,000 and to imprisonment for 6 months.

Before going ahead with building works, such as construction, repair, demolition, alteration and drainage works, building owners must first get the approval and consent from the Buildings Department. Otherwise, such building works will be regarded as "Unauthorized Building Works". Examples of UBW include metal cages, supporting frame for air-conditioning cooling towers, canopies, flat roof structures, rooftop structures, subdivision of flats, structural alterations, drainage connections that do not comply with the relevant regulations, etc. Payment of property tax or rates does not make an illegal structure legal.

Constitute structural or fire risks endangering the safety of life or property. There have been cases where UBW have collapsed, resulting in tragic loss of lives. The chaotic situation caused by UBW obstructing fire escape routes will lead to great casualties in case of fire.
Constitute health nuisance or cause inconvenience to the public, such as water seepage and obstruction to light and air.
Lead to deterioration of the environment, such as pollution of watercourses by unauthorized discharge of trade effluents, accumulation of rubbish on UBW and unpleasant appearance of UBW. Exacerbation of the situation will contribute to the degeneration of an area into a slum.
Render good building management difficult. UBW often obstruct the day-to-day maintenance as well as major repairs to a building.

Containment to curb new UBW. Immediate enforcement action will be taken against all UBW found under construction or newly completed.
Large-scale clearance operations to achieve progressive reduction of existing UBW.
Education and prosecution to attain cultural change. Apart from deterrence by prosecution and disciplinary action, public education and publicity campaigns are launched to promote awareness and attitude change of the society.

The policy recognizes that resources are not unlimited and seeks therefore to achieve the dual purpose of protecting public safety and containing the problem of UBW. The Buildings Department gives priority to the removal of the following types of works:

items constituting obvious or imminent danger to life or property;
new items, irrespective of the date of completion of the building where they have been carried out;
items in or on buildings, on podiums and rooftops, in yards and lanes (including unauthorized site formation works) constituting a serious hazard or a serious environmental nuisance, as determined by the Buildings Department;
major individual items;
items in or on individual buildings with extensive unauthorized building works;
items identified in buildings or groups of buildings targeted for large-scale operations or maintenance programmes; and
unauthorized alterations to or works in environmentally friendly features of a building (e.g. balconies, sky or podium gardens) for which exemption from calculation of gross floor area has been granted by the Buildings Department.

Any person intending to carry out building works (i.e. New Building Works or Alterations and Additions Works) is required by law to appoint an Authorized Person, and where necessary a registered structural engineer, to prepare plans for the approval of the Buildings Department in accordance with the Buildings Ordinance. Consent from the Buildings Department is required for commencing the building works. A Registered Contractor should be employed to carry out the approved works.

A list of Authorized Persons and Registered Structural Engineers who had expressed an interest in providing services to building owners in respect of building repairs and removal of UBW as well as Registered Contractors are available for free inspection at the Buildings Department and District Offices.

Certain minor building works which do not involve the structure of the building may be carried out without prior approval from the Government. However, you are strongly advised to consult an Authorized Person or the Buildings Department to ensure that your building works will not violate building regulations.

If you intend to buy a flat but worry that there are UBW inside the premises, you should consult a building professional in case of doubt. However, you may also apply directly to the Buildings Department for viewing and copying records of approved building plans and occupation permits in order to ascertain whether a property is free of UBW. Viewing or obtaining copies of records requires a payment of fees.

Carrying out building works without approval is a serious offence under the Buildings Ordinance. The maximum penalty is two years' imprisonment and a fine of HK$400,000. For continuing offences, there is a further daily fine of HK$20,000.

Any works done without proper supervision of Authorized Persons and, if required, Registered Structural Engineers are hazardous to you as well as the public.