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.
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.
Buildings Ordinance and the Subsidiary Regulations
- CAP 123 Buildings Ordinance
- CAP 123A Building (Administration) Regulations
- CAP 123B Building (Construction) Regulations
- CAP 123C Building (Demolition Works) Regulations
- CAP 123D Building (Escalators) Regulations (Repealed)
- CAP 123E Building (Lifts) Regulations (Repealed)
- CAP 123F Building (Planning) Regulations
- CAP 123G Building (Private Streets and Access Roads) Regulations
- CAP 123H Building (Refuse Storage and Material Recovery Chambers and Refuse Chutes) Regulations
- CAP 123I Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations
- CAP 123J Building (Ventilating Systems) Regulations
- CAP 123K Building (Oil Storage Installations) Regulations
- CAP 123L Building (Appeal) Regulation
- CAP 123M Building (Energy Efficiency) Regulation
- CAP 123N Building (Minor Works) Regulation
- CAP 123O Building (Minor Works) (Fees) Regulation
- CAP 123P Building (Inspection and Repair) Regulation
Buildings Ordinance (Application to the New Territories) Ordinance, CAP 121
Fire Safety (Commercial Premises) Ordinance, CAP 502
Fire Safety (Buildings) Ordinance, CAP 572
Recent Legislative Review (5 years)
| 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 |
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
2019
2018
- Registered General Building Contractor and its Authorised Signatory disciplined for misconduct in building works
2 November 2018 - Property owner fined over $60,000 for not complying with removal order
5 September 2018 - Qualified person heavily fined for contravening mandatory window inspection law
3 August 2018 - Property owner fined over $70,000 for not complying with removal order
24 July 2018 - Property owner fined over $50,000 for not complying with removal order
6 July 2018 - Property owner fined over $180,000 for persistently not complying with removal orders
14 May 2018 - Contractor and its director heavily fined for carrying out demolition works in dangerous manner
24 April 2018 - Building practitioners and contractor heavily fined for involving in ground subsidence incident
12 April 2018 - Property owner fined over $90,000 for persistently not complying with removal order
4 April 2018 - Property owner given suspended jail sentence and fined for failing to comply with removal order
6 March 2018 - Property Owner fined over $60,000 for failing to comply with removal order
2 March 2018 - Two property owners fined over $90,000 each for failing to comply with removal orders
12 February 2018 - Two property owners fined $70,000 each for failing to comply with removal orders
9 February 2018
2017
- Property owner fined over $80,000 for failing to comply with removal order
8 December 2017 - Property owner fined over $50,000 for failing to comply with removal order
24 November 2017 - Qualified Person and its director fined for contravening regulations under Mandatory Window Inspection Scheme
23 November 2017 - Village house owners given jail sentence for failing to comply with removal orders
26 October 2017 - Person who was not a qualified person fined for certifying window inspections under Mandatory Window Inspection Scheme
12 October 2017 - Owners' corporation fined for failing to comply with Fire Safety Compliance Orders
6 October 2017 - Contractors fined for contravention of Buildings Ordinance
23 February 2017
2016
- Village house owners given suspended jail sentence and fined for failing to comply with removal orders
29 November 2016 - Owner fined for failing to comply with statutory notice under Mandatory Building Inspection Scheme
15 November 2016 - Registered General Building Contractor disciplined for being convicted by court of offences relating to building works
11 November 2016 - Person who was not a registered inspector fined for certifying prescribed inspections under Mandatory Building Inspection Scheme
14 October 2016 - Owner fined for failing to comply with statutory notice under Mandatory Building Inspection Scheme
14 September 2016 - Qualified Person fined for misrepresentation to the Building Authority in connection with the Mandatory Window Inspection Scheme
17 March 2016 - Registered General Building Contractor and its Authorized Signatory disciplined for negligence or misconduct in building works
27 November 2015 - Authorized Persons disciplined for negligence or misconduct in a professional way
16 October 2015 - Owners fined for failing to comply with removal order
30 June 2015 - Owner fined for failing to comply with removal order
26 June 2015 - Minor works contractor fined for carrying out minor works belonging to class for which he is not registered
1 June 2015
2013
- Unregistered contractor and its director fined for carrying out minor works in contravention of Buildings Ordinance
20 January 2013 - Property owner given suspended jail sentence and fine for failing to comply with removal order
4 October 2013 - Contractor involved in building collapse incident at Ma Tau Wai Road prosecuted by Buildings Department and found guilty
20 February 2013
2012
- Court dismisses appeal by owners who failed to comply with removal orders
6 July 2012 - First conviction under Minor Works Control System
26 April 2012
2010
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)
- No Gazette Notices available at the moment.
Registered Contractors' Disciplinary Board's Findings and Orders
(past 3 years)
| Notice No. | Issue Date |
|---|---|
| G.N. 8332 | 2.11.2018 |
Determinations of Appeal Tribunal, Buildings Ordinance
A portion of written determinations handed down by the Appeal Tribunal, Buildings Ordinance from 2004 onwards, which are intended for information purposes only, are available on the Tribunal's website through the following link.