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In April 2001, Government promulgated a revised enforcement policy in tackling the problem of UBW. In view of the very large number of UBW in Hong Kong, the
Buildings Department gives priority to the removal of the following types of such works :
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items constituting obvious or imminent danger to life or property;
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new items, irrespective of the date of completion of the building where they have been carried out;
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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 Building Authority;
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major individual items;
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items in or on individual buildings with extensive unauthorized building works;
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items identified in buildings or groups of buildings targeted for large-scale operations or maintenance programmes; and
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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 Building Authority.
If the UBW fall within the above types, the owner will be advised to rectify the situation. Failing which a statutory order will be served. In case the order goes into default, prosecution action will be initiated.
If the UBW do not fall within the above types, the Buildings Department will not accord priority for taking enforcement action. The said UBW will however be recorded for reference and a review in the future. Should there be a change in circumstances, appropriate action will be considered.
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