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- What to do if statutory notice is received?
- How to appoint Qualified Person?
- How to appoint Registered Contractors?
- Legal Liabilities & Responsibilities
- Cost Information
- Regulation of Service Providers / Report of Malpractice
- Tenants’ Assistance
- Notes to Owners
- Work Safety tips for Owners & Owner's Corporations
The BD serves statutory notices on the owners of the target buildings, requiring them to carry out the prescribed inspection and the prescribed repair works found necessary in respect of the windows within the specified time frame.
The building owners served with a statutory notice under the MWIS must appoint a Qualified Person (QP) to carry out the prescribed inspection required within the specified time frame. The QP must carry out the prescribed inspection personally to ascertain whether the windows have been rendered dangerous or are liable to become dangerous. Where the QP considers that a prescribed repair is required, the owners must appoint registered general building contractor (RGBC) or a registered minor works contractor (RMWC) who is registered for the relevant repair works to carry out the prescribed repair under the supervision of a QP (who may be the same as or different from the QP who has carried out the prescribed inspection, as the owners may decide).
For details, please see the Procedures & Specified Forms of MWIS.
The owners / OCs may apply to the BD in writing, and state the justifications for the Extension of Time application. The BD will consider the application on a case-by-case basis.
Apart from receiving statutory notice served by the BD for mandatory window inspection, owners are encouraged to volunteer at any time to arrange inspections and repairs of their windows in the buildings / premises.
The inspection and repair works should also be carried out in accordance with the standards and procedures of the MWIS, otherwise the BD may still serve statutory notices on the owners for mandatory window inspection when the building concerned is selected as target building for the implementation of MWIS.
- Buildings Department (BD) will conduct site audits from the submitted Certificates and inspection reports. This is to ascertain that the prescribed inspection and prescribed repair have been carried out by the Qualified Persons (QPs)/ the Registered General Building Contractors (RGBCs) / the Registered Minor Works Contractors (RMWCs) in accordance with legislation, as well as the code of practice and practice notes issued by BD. If there are any irregularities, BD can instigate prosecution or disciplinary actions against the QPs/RGBCs/RMWCs.
- The owners shall cooperate with BD to conduct site audits in order to protect their interest.
How to appoint Qualified Person?
The QP appointed to carry out the prescribed inspection or supervision of the prescribed repair for windows shall be a person whose name is for the time being on one of the following registers kept by the BA:
- Authorized Person (AP);
- Registered Structural Engineer (RSE);
- Registered Inspector (RI);
- Registered General Building Contractors (RGBC);
- Registered Minor Works Contractors registered for the class, type and item of minor works in respect of windows.
How to appoint Registered Contractors?
The RC appointed to carry out the necessary rectification and repair works under the MWIS shall be an RGBC or RMWC who is qualified to carry out the rectification and repair works and whose name is for the time being on the respective Contractors' Registers kept by the BA. RMWCs are qualified to carry out minor works belonging to the class, type and item for which they are registered.Search for RGBC & RMWC Online
Legal Liabilities & Responsibilities
- Penalty notice for a fixed fine of HK$1,500
- Repeated offenders may be prosecuted and are liable on conviction to a fine of HK$25,000 and to imprisonment for 3 months; and to a fine of HK$2,000 for each day during which it is proved to the satisfaction of the court that the offence has continued
The BD may also arrange for the required inspection and repair works to be carried out by its consultant and contractor, and then recover the cost of inspection and repair works as well as supervision charge from the owners/OC, together with a surcharge of not exceeding 20% of the cost.
Under the MWIS, it is an offence if a person, without reasonable excuse, refuses to contribute to the cost of inspection, investigation, works or other action in relation to the common parts of the building that is required to be carried out by the OC of the building for the purpose of complying with the statutory notice served by the BA. Offenders are liable on conviction to a fine of HK$25,000. Besides, it is also an offence if a person/occupant, without reasonable excuse, obstructs or refuses to allow a person appointed or engaged by the OC access any premises to carry out inspection or repair works as required under the statutory notice. Offenders are liable on conviction to a fine of HK$10,000 and to imprisonment for 6 months.
Please refer to the cost information for window inspection and common window repair items under the MWIS obtained from the quotations/ advertising pamphlets provided by the QPs/Registered Contractors. The cost information will be updated half-yearly in June and December of each year.
Regulation of Service Providers / Report of Malpractice
The BD will handle all reports on breach of statutory requirements under the BO. In respect of suspected irregularities, misconduct or negligence of the service providers, owners/OCs may report to the BD at telephone no. 2626 1616 (handled by 1823). If irregularities of the service providers are found, the BD will consider instigating prosecution and/or disciplinary actions against them.
As some reports should be handled under the jurisdiction of other government departments or professional associations, direct reports may be made to the relevant departments/organisations for the following suspected irregularities:
The BD serves statutory notices on the owners of the selected target buildings. Upon receipt of the statutory notice, the tenants should notify and convey the documents received to the owner for preparation and organization for carrying out the prescribed inspection and repair.
Inspection and Repair Arrangement
When informed by the owners or OC regarding the inspection arrangement, the tenants should cooperate with the appointed QP and allow access to their premises, if necessary, for the carrying out of prescribed inspection.
Where the prescribed repair is required, the tenants should also cooperate with the appointed Registered General Building Contractor (RGBC) or Registered Minor Works Contractor (RMWC) and allow access to their premises, if necessary, for the carrying out of prescribed repair under the supervision of a QP.
Notes to Owners
The BD has enhanced the publicity on MWIS regarding "Window inspection and repair, choose with extra care" As a consumer, the owner should note the following:
- To obtain price quotations and repair proposals from different QP for reference and comparison.
- To request the QP to provide detailed cost breakdown, showing the scope of window repair and costing information.
- To check and record the name of QP (i.e. checking with the certificate of registration or registration card issued by the BD), as well as ensuring the QP to carry out the prescribed window inspection personally.
- To obtain details of window inspection and repair (i.e. window inspection records and photos of before-and-after conditions), and to request the QP providing a copy of inspection and completion certificate submitted to BD for reference.
Work Safety tips for Owners & Owner's Corporations
- QP/Registered Contractor shall be employed for the prescribed inspection and/or prescribed repair.
- Owners / Owner's Corporation shall remind that QP/Registered Contractor and his representative/employee has provided precautionary measures and equipped with adequate Personal Protective Equipment (PPE) (such as safety helmet and safety belt…etc.);
For every building work, proper insurance should be in place such as
- a contractor's all risk insurance;
- a third party liability; and
- an employees' compensation.