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Legal Matters

The Buildings Ordinance and related legislation are amended as and when appropriate to reflect technological advancement and changing circumstances.

The Department enforces the law and prosecutes offenders with rigour and organises public education programmes to promote building safety and preventive maintenance.

Contents in this Page:


Buildings Ordinance and related Legislation

You may refer to the electronic version of the legislation of Hong Kong, which is intended for information purposes only, in the Bilingual Laws Information System (BLIS) of the Department of Justice through the following links.

For official versions of the legislation of Hong Kong, you should refer to the loose-leaf edition of the Laws of Hong Kong and the Government Gazette.

Legislative Review

Description Published Date
Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) (Amendment) Regulation 2015 was published in the Gazette on 9 October 2015 and has come into operation on 14 December 2015. October 2015
Building (Administration) (Amendment) (No. 2) Regulation 2015 was published in the Gazette on 9 October 2015 and has come into operation on 14 December 2015. October 2015
Building (Minor Works) (Amendment) Regulation 2013
(The Amendment Regulation came into operation on 2 September 2013)
May 2013

Prosecution

The Buildings Ordinance and its subsidiary regulations, Fire Safety (Commercial Premises) Ordinance and Fire Safety (Buildings) Ordinance provide for building safety requirements, offences and penalties. Prosecution of offenders is an integral part of our enforcement responsibility. Generally speaking, any person who commits an offence under the above ordinances or regulations may be prosecuted.

Noteworthy Cases in relation to Prosecution

Legitimate Expectation about Unauthorised Building Works

In some situations, owners may claim that they have a "legitimate expectation" that their unauthorised building works should not be targeted for enforcement. A typical example is the legitimate expectation arising from previous amnesty given by the government e.g. a letter from a government department stating that certain unauthorised building works can be retained. The Building Authority has sought legal advice from the Department of Justice in this regard and will adopt a prudent approach in taking enforcement action. For these cases, the Building Authority will weigh the owners’ legitimate expectation arising from the alleged amnesty against the public interest. If there is overriding public interest, enforcement action against the unauthorised building works will be taken.

Gazette Notices of the Disciplinary Boards

You may refer to the electronic version of the Gazette Notices, which is intended for information purposes only, in the Government Logistics Department website through the following links.

You are advised to verify such information by making reference to printed version of The Government of the Hong Kong Special Administrative Region Gazette before acting on it.

Authorized Persons', Registered Structural Engineers' and Registered Geotechnical Engineers' Disciplinary Board's Findings and Orders
(past 3 years)

Notice No.:Issue Date:
G.N. 7832 16.10.2015

Registered Contractors' Disciplinary Board's Findings and Orders
(past 3 years)

Notice No.:Issue Date:
G.N. 6341 11.11.2016

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