The HK Home Improvement Guide

Statutory order

1.

I am in receipt of an order issued by Buildings Department. Can I ask for extension of time to carry out the works?

You may apply in writing to Buildings Department stating your grounds for extension of time. However, Buildings Department normally will not accede to such request (e.g. reason that the premises is subject to a tenancy agreement) except in very special cases and you are therefore advised to comply with the order without delay. Failure to comply with the order without reasonable excuse may result in prosecution and/or enforcement action by government to carry out the works on your behalf or both, and subsequently recover the cost of the works plus supervision charge from you.

 
2.

How do I know if there are any outstanding orders issued by Buildings Department in respect of my building?

You may check against the records kept by Land Registry as orders issued by  Buildings Department would be registered in Land Registry and discharged on compliance (Please refer to The Land Registry – Frequently Asked Questions – Search
http://www.landreg.gov.hk/en/faq/faq_search.htm). Alternatively, you may write to Buildings Department for enquiry.

 
3.

Under what circumstances will Buildings Department carry out works on owner's behalf?

It is the owner's responsibility to comply with orders issued by Building Authority. Only in an emergency or in owner's default of an Order would Buildings Department carry out works on his behalf and recover the cost of the works from him. Any person who fails, without reasonable excuse, to comply with an order shall be guilty of an offence under section 40(1BA) or section 40(1BB) of the Buildings Ordinance (BO) as the case maybe. The former offence provision relates to non-compliance with an order served under section 24(1) for removal of Unauthorized Building Works by the person on whom the order is served and he shall be liable on conviction to a maximum fine of HK$200,000 and to a maximum imprisonment of one year and to a further maximum fine of HK$20,000 for each subsequent day during which failure to comply with the Order has continued. The latter offence provision relates to non-compliance with a statutory order served under BO section 24AA(1) by the person on whom the order is served and he shall be liable on conviction to a maximum fine of $50,000 and to a maximum imprisonment of three months and to a further maximum fine of HK$5,000 for each subsequent day during which failure to comply with the Order has continued.  Besides, under section 40(1B), any person who fails to comply with a statutory order served on him other than under BO section 24(1) or section 24AA(1) shall be guilty of an offence and liable on conviction to a maximum fine of $50,000 and to a maximum imprisonment of one year and to a further maximum fine of HK$5,000 for each subsequent day during which failure to comply with the Order has continued.

 
4.

I am the occupant of an unauthorised rooftop structure affected by your removal order and I will become homeless as a result of your demolition works. Will the Buildings Department offer me assistance?

According to the government policy, no person shall be made homeless as a result of government actions. Despite rooftop structures are unauthorised, the Buildings Department in accordance with this policy, has arranged with the Housing Department, Social Welfare Department and the Home Affairs Department to offer rehousing and social assistance to the occupants. Regarding the type of rehousing eligible, this is the jurisdiction of the Housing Department and will be assessed according to the rehousing eligibility of the affected occupant concerned.


5.

What is the consequence of non-compliance with the statutory order issued against UBW?


  1. If the owners do not comply with this Order, the Buildings Department will have the demolition work carried out by a Government contractor. They will then be billed for all costs plus a supervision charge.

  2. Not complying with the Statutory Order is a criminal offence with a maximum penalty of one year's imprisonment and a maximum fine of HK$200,000. For continuing offences, there is a further daily fine of HK$20,000.

  3. The Order will also be recorded in the Land Registry and, if the property is mortgaged, the financial institution concerned will be notified.


6.

What should I do if I want to make a statutory appeal under section 44 of the Buildings Ordinance against a decision by the Building Authority, such as an order to remove UBW?


If you wish to make a statutory appeal under section 44 of the Buildings Ordinance, please note the following :

  1. You should serve your Suggested Form for Notice of Appeal Acrobat file format in writing directly on the Secretary to the Appeal Tribunal to be received by him not later than 21 days after the date notification of the Building Authority’s decision is sent to you. The address of the Secretary to the Appeal Tribunal is 17/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong and his fax number is 2189 7334.
  2. You should also serve a copy of your notice of appeal on the Building Authority (please mark for the attention of Litigation Units / Legal Services Section, Buildings Department) (12/F-18/F Pioneer Centre, 750 Nathan Road, Kowloon, Hong Kong, Fax No.: 2877 6416).
  3. Please take note that if you lodge a statutory appeal under section 44 of the Buildings Ordinance, you have to bear the resulting legal responsibilities and consequences. For instance, under section 51 of the said Ordinance, the Appeal Tribunal, on making an order under section 49(2) or section 50(2) of the said Ordinance, may make such order as to the costs as it thinks fit against you.
  4. The general enquiry telephone no. of the Secretary to the Appeal Tribunal is 3509 7800. If you require advice on the law regarding the appeal, you should consult your lawyer.
  5. The Appeal Tribunal is NOT the Building Authority. It is generally NOT the function of the Appeal Tribunal to handle complaints, enquiries or negotiations regarding the Building Authority, nor to provide advisory, mediation, mitigation or investigation services to the Appellant.

(Remark: The office for the Secretary to the Appeal Tribunal will be relocated to the new Central Government Offices at Tamar on 5 December 2011. With effect from 5 December 2011, the address and telephone number of the office for the Secretary to the Appeal Tribunal is as follows:-

Address : 17/F, West Wing, Central Government Offices,
2 Tim Mei Avenue, Tamar, Hong Kong.
Telephone number : (852) 3509 7800)

 

7.

Is it a must for me to appoint an Authorized Person to carry out the demolition work?


This will be shown on your Order:

  1. Buildings Department will specify in the relevant removal order whether the appointment of Authorized Person (AP), Registered Specialist Contractor (RSC), and Registered Structural Engineer (RSE) is required to carry out the work and to advise and ensure that necessary safety measures are provided in case the work is involving the demolition of a building or of any substantial or significant part of a building.

  2. If the work does not involve the demolition of a building or of any substantial or significant part of a building, Buildings Department would not specify in the removal order that the appointment of Authorized Person (AP), Registered Contractor (RC), and Registered Structural Engineer (RSE) is required. Instead, Buildings Department will only advise the owner for his own safety and that of the public to appoint Registered Contractor (RC) to carry out the work, and an AP or RSE to ensure the necessary safety measures are provided.  Furthermore, the Building (Minor Works) Regulation has been implemented on 31 December 2010.  Under the new Minor Works Control System (MWCS), any person intending to carry out minor works can follow the simplified procedures. For more details about MWCS, please call BD hotline 2626 1616 or BD's website
    (http://www.bd.gov.hk/english/services/index_buildingAmendent.html)

 

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