Buildings Department
Brand Hong Kong - Asia's world city
GovHK 繁體版 簡體版  

Contact us
Red line
Home
What's New
About us
Publications and Press Releases
Access to Information
Public Services
Public Forms
Electronic Services
Tender Notices
Links
 

Frequently Asked Questions - Unauthorized Building Works

Guidelines for the Removal of Typical Unauthorized Building Works and General Maintenance of External Walls Buildings Department's Enforcement Policy Against Unauthorized Building Works
Guidelines for the Removal of Typical Unauthorized Building Works and General Maintenance of External Walls Acrobat file format   Buildings Department's Enforcement Policy Against Unauthorized Building Works Acrobat file format
Unauthorized glass panel compromises safety Glass Panel External Walls Large Signboards and TV Displays in Pedestrianisation Areas
Unauthorized glass panel compromises safety Acrobat file format

 

Glass Panel External Walls Large Signboards and TV Displays in Pedestrianisation Areas (2.13 MB) Acrobat file format
1. How does BD verify significant new UBW?

The following measures are adopted to monitor and verify new UBW :

  1. Aerial photos are used to identify new UBW on rooftops.

  2. Record photos of buildings are kept for verifying the status of new UBW.

  3. Results of enquiries and circumstantial evidence.

 
2.

If I wish to erect light-weight canopy for sun-shading or for protection against falling objects, do I need consent and approval from the BD?

Owners intending to construct new building or make alterations and additions to existing buildings are required by Buildings Ordinance to appoint an authorized person to coordinate and supervise the works and also if so required, a registered structural engineer. The authorized person appointed will follow up the application for approval and consent from BD.

 
3.

If I wish to erect storage cabinets on the roof of my property, do I need approval and consent from the BD? 

Prior approval and consent from the BD are required for erecting prefabricated structures including mobile houses and man-size storage cabinets on the main roof, podium roof or open yard of a building. It is because large storage cabinets occupying space will likely contravene the floor area limitation and other building regulations.

However, storage cabinets at such locations are generally not subject to immediate enforcement action when:-

  • the cabinet does not exceed a height of 1.5 metres nor the parapet wall, 

  • the cabinet does not affect the structure of the building,

  • the fire escape route is not obstructed, and 

  • the drainage system is not affected

 
4. Will payment of property tax or rates make an illegal structure legal?
No
   
5. In what circumstances, enforcement action under the Buildings Ordinance would be warranted for the building works related to green balcony and utility platform as specified in item (g) of the 2001 enforcement policy against UBW?
  If physical alteration to the approved green balcony and utility platform is found and the carrying out of the alteration works is without prior approval and consent from the BD, immediate enforcement action under the Buildings Ordinance would be warranted. Besides, any building works which will cause contravention to the exemption criteria of any green features in the building will still be subject to immediate enforcement action.
   
6. In case the partition wall between two adjoining units having green balconies and utility platforms is removed, is there any contravention to the Buildings Ordinance which will warrant immediate enforcement action?
  Removal of the partition wall between two adjoining units having green balconies and utility platforms may lead to contravention of the exemption criteria for green balconies and utility platforms in the building concerned. The owners are strongly advised to consult an authorized person before commencement of the removal works and make formal application for approval and consent from the BD if necessary.
   
7. If I want to enlarge my living space by merging the adjacent residential units, is there any contravention under the Buildings Ordinance which will warrant immediate enforcement action by the BD?
 

If both residential units do not contain any green balcony or utility platform, and the building works concerned in merging the adjoining units does not involve removal of structural elements and the alteration works involved do not contravene any provision of the Buildings Ordinance and allied regulations, no enforcement action will be taken by the BD as the alteration works concerned comes under the category of exempted building works.

However, if the residential units contain green balconies and utility platforms, immediate enforcement action by the BD will be taken as long as the merging of the units lead to contravention of the exemption criteria for green balconies and utility platforms in the building concerned. The owners are strongly advised to consult an authorized person before commencement of any alternation works for merging the units and make formal application for approval and consent from the BD if necessary.

8. Why are unauthorized structures on rooftops, flat roofs and yards/lanes in industrial buildings required to be removed?

Generally, industrial buildings carry higher risks in terms of fire and other hazards because of industrial activities and storage of hazardous goods or materials. Many unauthorized structures on rooftops, flat roofs, yards and lanes of industrial buildings are of flimsy construction or built by combustible materials. They may be used for storage purpose or other uses without fire protection, which may cause serious fire risk, health hazard and environmental nuisance.

To improve building safety of industrial buildings, BD will issue removal orders and take enforcement action in clearance operations to require removal of these unauthorized structures.

9. Will assistance be offered to the affected owners/occupants who may encounter financial difficulties or be rendered homeless as a result of BD’s enforcement action to clear unauthorized roof structures in industrial buildings?

Property owners with financial difficulties may apply for loans under the Building Safety Loan Scheme administered by BD to cover the cost of the required works for compliance with the removal orders.

Unauthorized roof structures in industrial buildings should not be converted into domestic use which is incompatible with the use of the buildings. Under the current policy, the Housing Department would not make rehousing arrangement to the affected occupants as a result of BD's enforcement action against unauthorized roof structures used for habitation in industrial buildings. Nevertheless, BD will liaise with the Housing Department to arrange bedspaces in the transit centre for those in urgent need of accommodation. Besides, the affected occupants may also approach the Social Welfare Department for assistance.

 
2004| Important notices| Privacy policy

Last revision date : 30 December 2009