1UBWs constituting obvious hazard or imminent danger to life or property, UBWs under construction or newly completed
The Buildings Department (BD) will maintain its existing practice and take immediate enforcement action against:
- UBWs constituting obvious hazard or imminent danger to life or property
- UBWs under construction or newly erected
(Note: UBWs completed on or after 28 June 2011 are regarded as newly erected UBWs).
2Existing UBWs not posing imminent danger but constituting serious contravention of the law and imposing higher potential risks
For existing UBWs not posing imminent danger, the BD will first focus and take proactive enforcement actions against those which constitute serious contravention of the law and pose higher potential risks to building safety (i.e. First Round Targets).
These First Round Targets will be subject to large scale enforcement operations on a village-by-village basis.
First Round Targets
Village house of four storeys or above constructed of reinforced concrete or masonry.
Structures of single storey or above constructed of reinforced concrete, masonry or other materials on 3-storey New Territories exempted house.
Redevelopment, alteration or addition carried out on private building lot of which the lease stipulates no restriction on building height and number of storeys, and in contravention of the exemption criteria prescribed in the Buildings Ordinance (Application to the New Territories) Ordinance since 1 January 1961. No approval has been obtained in accordance with the Buildings Ordinance for the aforesaid construction works. With the exception of the unauthorised building works prioritised for deferred enforcement.
Height or roofed-over area of the main building exceeds the exemption criteria prescribed in the Buildings Ordinance (Application to the New Territories) Ordinance. No approval has been obtained in accordance with the Buildings Ordinance for erection of the building.
Enclosed rooftop structures constructed of reinforced concrete, masonry or other materials, with a coverage of more than 50% of the roofed-over area of the main building.
Buildings not issued with certificate of exemption in accordance with the Buildings Ordinance (Application to the New Territories) Ordinance prior to the commencement of works, and the Lands Department will not issue a certificate of exemption. No approval has been obtained in accordance with the Buildings Ordinance for the works.
Unauthorised projecting structures attached to unauthorised building works. e.g. signboard erected on unauthorised rooftop structures.
3Existing UBWs constituting less serious contravention of the law and imposing lower potential risks
As these UBW come in different forms and sizes, the Buildings Department (BD) launched a Reporting Scheme for UBWs in NTEH during 1 April 2012 and 31 December 2012 to collect detailed information on them.
Reporting Scheme for UBWs in NTEH
Please note that reporting period was ended on 31 December 2012.
For reported UBW under the Reporting Scheme, owners are required to appoint Qualified Personnel (TCP-T2/RSE/RPE as appropriate) to conduct safety inspection and certification of the structures concerned every 5 years.
- Requirements for safety inspection of Reported Unauthorised Building Works every 5 years (Guidelines GL03) .
- The BD will tackle those existing UBWs constituting less serious contravention of the law and imposing lower potential risks in phases after dealing with the first round targets. Based on the information of the UBWs collected from the Reporting Scheme, the BD will categorise the UBWs, conduct objective risk assessment for the different classes and formulate progressive enforcement plans in the future according to the actual situation.
4Non-reported UBWs
The Buildings Department (BD) will take progressive enforcement action against those UBWs which have not been reported to the BD under the Reporting Scheme (i.e. Non-reported UBWs), in the same manner as newly constructed UBW.