Disclosure of such information is not necessary but advisable as this would enable Buildings Department to inform you at a later stage the course of action taken to your complaint.
In April 2011, Government promulgated a revised enforcement policy in tackling the problem of UBW. Enforcement against UBW is sustained, and the BD adopts a wider scope for action so as to remove UBW in a more comprehensive and systematic manner. The coverage of actionable UBW is extended to include UBW on rooftops and podiums as well as those in yards and lanes of buildings, irrespective of their risk to public safety or whether they are newly constructed. Under the new enforcement policy, BD will issue statutory orders to the owners concerned requiring removal of the following actionable items and register the orders against the relevant property titles:
- items constituting obvious hazard or imminent danger to life or property;
- new items (excluding statutorily exempted building works under the Buildings Ordinance (Cap 123)) irrespective of the date of completion of the building where such items have been carried out;
- items on the exterior of buildings, including those on rooftops and podiums, in yards and lanes and projecting from external walls (excluding projecting structures covered by the Household Minor Works Validation Scheme and the proposed Signboard Control System and other minor amenity features);
- items in the interior of buildings, constituting obvious hazard or imminent danger to life or property (e.g. building works associated with subdivided units with obstruction to means of escape, serious water seepage causing deterioration of structural members or overloading problem);
- items in or on buildings, constituting a serious health or environmental nuisance (e.g. misconnection of drainage systems);
- major standalone items;
- a specific type of UBW, or items identified in buildings or groups of buildings, targeted for large-scale operations; and
- unauthorised alterations to or works in green and amenity features of a building (e.g. balconies, sky gardens and 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.
For other items of UBW which do not fall within the above list of actionable items for issuing statutory removal orders, the BD may issue statutory warning notices registrable against property titles under the Buildings Ordinance.
Building owners may consider joining the Household Minor Works Validation Scheme so as to retain three types of minor UBW (i.e. drying racks, canopies and supporting structure/metal frames for air conditioners) prescribed in the Building (Minor Works) Regulation (Cap 123 sub.leg. N). Enforcement action to remove these validated minor works items will not be taken by the BD unless they become dangerous.