Property owner fined $180,000 in total for removal of structural wall without approval
A property owner was fined $180,000 in total at the Kwun Tong Magistrates' Courts today (December 29), for contravention of the Buildings Ordinance (Cap. 123) (BO).
The case involved an owner who knowingly carried out removal works of part of a structural wall in a unit at The Capitol, Lohas Park, between 2022 and 2023 without prior approval and consent from the Buildings Department (BD), thereby contravening section 40(1AA) of the BO. Moreover, the removal of part of the structural wall was carried out in such a manner as was likely to cause a risk of injury to a person, or damage to a property, thereby contravening section 40(2B)(b) of the BO. Therefore, the BD instigated prosecution action against the owner under the BO in May last year. The owner was convicted and fined $180,000 in total at the Kwun Tong Magistrates' Court today.
The interior designer and contractor responsible for renovating the unit in question carried out the works without prior approval or consent from the BD, thereby contravening section 40(1AA) of the BO. Furthermore, the contractor removed part of the structural wall in such a way that it posed a risk of injury to persons or damage to property, thereby contravening section 40(2B)(b) of the BO. They were also prosecuted by the BD and were convicted and fined $60,000 and $200,000 respectively in June this year.
A spokesman for the BD said that any person who intends to carry out alteration and addition works should consult building professionals for advice, including the feasibility of the works, and where necessary, apply for approval and consent from the BD to ensure building safety and compliance with the BO. Building professionals and contractors are required to carefully examine the approved plans and other relevant documents to observe the relevant requirements under the BO, and to ascertain whether prior approval from the BD should be obtained before commencement of works to ensure the safety of the occupants and the structural safety of the building.
Pursuant to section 40(1AA) of the BO, any person who knowingly contravenes section 14(1) of the BO (i.e. commences or carries out any building works without having first obtained approval and consent from the BD) shall be guilty of an offence and liable upon conviction to a fine of $400,000 and to imprisonment for two years, and a further fine of $20,000 for each day that the offence continues.
Pursuant to section 40(2B)(b) of the BO, any person directly concerned with the relevant building works, who carries out or authorises or permits such works to be carried out, in such manner that it is likely to cause a risk of injury to any person or damage to any property, shall be guilty of an offence and liable upon conviction to a fine of $1,000,000 and to imprisonment for three years.
Ends/Monday, December 29, 2025