Buildings Department

The Buildings Department adopts the following measures to monitor and verify new UBWs:
Refer to the bird's-eye view photos to identify new unauthorized structures on the rooftop.
Maintain photographic records of buildings to verify the condition of new UBWs.
The results of the comprehensive inquiry and circumstantial evidence.

need. You must obtain prior approval and consent from the Buildings Department before erecting prefabricated structures on the main roof, platform or patio of a building, including mobile homes and large storage cabinets with a volume exceeding 3 cubic metres or a height exceeding 2 metres, or glass houses. You must appoint an Authorized Person to submit the building plans to the Buildings Department and coordinate the building works. After obtaining the approval and consent from the Buildings Department, you must appoint a Registered General Building Contractor to carry out the works. ShouldSuch works cannot be carried out by registered minor works contractors. Any person who violates the above requirements may be subject to prosecution and/or disciplinary action under the Buildings Ordinance. Any such structures constructed in violation of the above requirements are considered unauthorized buildings and the Buildings Department will take enforcement action.
If a prefabricated locker with a volume not exceeding 3 cubic metres and a height not exceeding 2 metres is built on the main roof, platform or patio, the owner should ensure that the locker is stable and comply with the following requirements:
The lockers will not damage the building structure;
The lockers do not block the building's fire escapes or fire shelters; and
The lockers will not affect the building's drainage system.

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If physical alterations are found to approved green balconies and utility platforms, the authorities will take immediate enforcement action under the Buildings Ordinance against the alteration works carried out/carried out under the following circumstances:
without obtaining prior approval and consent from the Buildings Department; or
Adopting the simplified requirements of the Minor Works Control System, but violating the provisions of the Buildings Ordinance and related regulations.

The demolition of the partition wall between two adjacent units, both of which have environmentally friendly balconies and working platforms, may involve structural components and violate the Buildings Ordinance. The alteration works involved may also violate other provisions of the Buildings Ordinance and relevant regulations, such as the exemption criteria for environmentally friendly balconies and working platforms for the buildings concerned. Owners should seek advice from an Authorized Person before commencing demolition works and, where necessary, submit a formal application to the Buildings Department for approval and consent.

Owners who are experiencing financial difficulties may apply for a loan under the Building Safety Loan Scheme implemented by the Buildings Department to cover the cost of carrying out the necessary works to comply with a removal order.
Unauthorized rooftop structures in industrial buildings should not be converted for domestic use as this is inconsistent with the original intended use of the buildings. Under the existing policy, when the Buildings Department takes enforcement action to remove illegal rooftop structures used for residential purposes in industrial buildings, the Housing Department will not provide housing rehousing to the affected occupants. However, the Buildings Department will liaise with the Housing Department to arrange beds in temporary shelters for those in urgent housing needs. In addition, affected occupiers may also seek assistance from the Social Welfare Department.

If the owner fails to comply with the order, the Buildings Department will entrust a government contractor to carry out the demolition and demolition work on his behalf, and will then recover the full cost of the project from the owner, plus supervision fees and surcharges.
Failure to comply with a statutory order is a criminal offence, with a maximum penalty of one year's imprisonment and a fine of HK$200,000. If the violation continues, an additional fine of HK$20,000 per day will be imposed.
The Land Registry will also record the order. If the property is mortgaged, the relevant financial institutions will be informed of the order.
For more information, please refer toOwner's Responsibilities.

Please refer to your removal order:
If a removal order requires the demolition of a building or any major or significant part of a building, the Buildings Department will specify in the removal order whether the owner is required to appoint an authorized person, a registered specialist contractor and a registered structural engineer to carry out the works, provide advice and ensure that necessary safety measures are provided.
If the works required by a removal order do not involve the demolition of a building or the demolition of any major or significant part of a building, the Buildings Department will not specify in the removal order that the owner must appoint an authorized person, a registered contractor and a registered structural engineer. However, for personal and public safety, the Buildings Department will advise owners to appoint registered contractors to carry out the works, and appoint authorized persons or registered structural engineers to ensure that the necessary safety measures are provided. Furthermore, the Building (Minor Works) Regulations came into operation on 31 December 2010. Under the new "Minor Works Control System", persons who intend to carry out minor works can do so through simplified procedures. For details of the Minor Works Control System, please call the Buildings Department hotline at 2626 1616 or visitOur website.

You can submit your application in writing to the Buildings Department, stating the reasons for the extension. However, unless it is a very special case, the Buildings Department will usually not approve such a request (for example, on the grounds that “the building has been rented out”). You should therefore comply with the provisions of the order as quickly as possible to avoid delay. If the order is not complied with without reasonable explanation, the person may be prosecuted and/or have the works carried out by a government contractor. The Buildings Department will then recover the cost of the works from you, plus a supervision fee and a surcharge.

It is not a requirement under the Buildings Ordinance for the Buildings Department to register a statutory order issued by it with the Land Registry. However, under the current procedures, the Buildings Department will send the statutory order to the Land Registry for registration and will cancel it after the order is complied with. You can inspect the records kept by the Land Registry (please refer to the Land Registry - FAQ - Search https://www.landreg.gov.hk/tc/faq/faq_search.html). Some statutory orders issued earlier may not yet be registered with the Land Registry.
In addition, the Buildings Department is now launching a tool that allows the public to search the compliance status of statutory orders on the Department's website. In the first phase, members of the public can now search the compliance status of statutory orders issued under sections 24 (only for drainage services), 26, 26A and 28 of the Buildings Ordinance in 2021 and thereafter on the Buildings Department's website (https://www.bd.gov.hk/tc/resources/online-tools/orders-search/ordersearch-disclaimer.html).
Please note that even if there is no statutory order on the premises, it does not mean that there are no unauthorized structures on the premises. In addition, prospective property purchasers are advised to inspect the property they intend to purchase and to consult the Building Information Centre of the Buildings Department or on the Internet."Bailoutu.com" Check the relevant approved plans and minor works records and seek advice from professionals when necessary to ensure that there are no unauthorized building works on the property. You can also obtain relevant information from the property seller or contact the Buildings Department.

The owner is obliged to comply with the orders issued by the Building Authority. Only in an emergency or when the owner fails to comply with the order will the Buildings Department carry out the works on behalf of the owner and then recover the cost of the works, plus supervision fees and surcharges, from the owner. The Buildings Department may take prosecution action against owners who fail to comply with the order without reasonable excuse. Under the Buildings Ordinance, any person who fails to comply with an order without reasonable excuse commits an offence and is liable to a fine and imprisonment upon conviction.

It is Government policy that no one will be rendered homeless as a result of Government action. Although rooftop structures are illegal structures, the Buildings Department has made arrangements with the Housing Department, the Social Welfare Department and the Home Affairs Department in accordance with this policy to provide rehousing and social security assistance to the occupants concerned. As for the types of rehousing eligibility, it falls under the jurisdiction of the Housing Department, which will make an assessment based on the rehousing eligibility of the affected occupants.

If you wish to make a statutory appeal under section 44 of the Buildings Ordinance, please note the following points:
You should submit your decision to the Building Authority within 21 days after the Building Authority sends you the decision notice.Notice of AppealDirectly to the Secretary to the Appeal Tribunal at Room 1005-06, 10/F, Wing On Kowloon Centre, 345 Nathan Road, Kowloon, Hong Kong. Fax No. 3579 4971.
You should also send a copy of the Notice of Appeal to the Building Authority (please specify that it is for c/o the Litigation Unit of the Legal Services Section of the Buildings Department) at G/F, Buildings Department Headquarters, North Tower, West Kowloon Government Offices, 11 Hoi Ting Road, Yau Ma Tei, Kowloon, Fax No.: 2877 6416.
Please note that if you lodge a statutory appeal under section 44 of the Buildings Ordinance, you will be subject to the resulting legal liabilities and consequences. For example, under section 51 of the Ordinance, when the Appeal Tribunal makes an order under section 49(2) or 50(2) of the Ordinance, it may make such order against you as to costs as it thinks fit.
The general enquiry telephone number of the Secretary to the Appeal Tribunal is 3579 2270. If you need advice on the legal issues regarding your appeal, you should consult your lawyer.
The Appeal Tribunal is not the Building Authority. Generally speaking, the functions of the Appeal Tribunal areNotHandle complaints, enquiries or discussions with the Building Authority, or provide advisory, mediation, advocacy or investigation services to appellants.

Please refer to your removal order:
If a removal order requires the demolition of a building or any major or significant part of a building, the Buildings Department will specify in the removal order whether the owner is required to appoint an authorized person, a registered specialist contractor and a registered structural engineer to carry out the works, provide advice and ensure that necessary safety measures are provided.
If the works required by a removal order do not involve the demolition of a building or the demolition of any major or significant part of a building, the Buildings Department will not specify in the removal order that the owner must appoint an authorized person, a registered contractor and a registered structural engineer. However, for personal and public safety, the Buildings Department will advise owners to appoint registered contractors to carry out the works, and appoint authorized persons or registered structural engineers to ensure that the necessary safety measures are provided. Furthermore, the Building (Minor Works) Regulations came into operation on 31 December 2010. Under the new "Minor Works Control System", persons who intend to carry out minor works can do so through simplified procedures. For details of the Minor Works Control System, please call the Buildings Department hotline at 2626 1616 or visitOur website.

A spokesman for the Buildings Department said today (Sunday) that all prefabricated structures including modular houses, large storage cabinets and prefabricated houses must be approved by the Building Authority before construction can commence.

The spokesperson made the above appeal when talking about a recent appeal case. In this case, the appellant failed to comply with the demolition order and claimed that the prefabricated structure on the rooftop of his property was just a storage cabinet and not a construction project.

In dismissing the appeal, the Appeal Tribunal ruled that under the Buildings Ordinance, the definition of building works includes prefabricated structures, which must first be approved by the Building Authority.

The spokesman stressed that these prefabricated structures increased the total floor area and were not in compliance with the approved building plans. These structures generally affect lighting and ventilation systems, fire escape routes, and increase the load on the building and adjacent buildings.

The spokesman urged consumers not to be misled by product advertisements claiming that these prefabricated structures do not violate the Buildings Ordinance. Consumers must think twice before undertaking remodeling projects at home.

Under the Buildings Ordinance, exempted works generally refer to construction works carried out in a building that do not involve the building structure and do not violate any regulations.

For example, lockers with a height not exceeding 1.5 metres, not exceeding the height of the parapet and not affecting the drainage system are acceptable.

The spokesman reminded members of the public that many fixed installations in buildings, although of a minor nature, are not exempted works.

He said: "The unauthorised fixed installations that the Building Authority will not order for immediate removal include iron gates that do not block fire escape routes, open wire mesh enclosures on roofs that extend no more than two metres for security purposes, retractable canvas covers that extend no more than two metres from external walls and are no higher than 2.5 metres from the main roof and platform of multiple staircases, light air-conditioning racks and light window covers that extend no more than 500 millimetres from external walls, and clothes drying racks."

If you have any questions, you may call the Buildings Department's Building Safety Hotline at 2626 1234 or consult an authorized person.

In the first half of this year, the Buildings Department issued a total of 1,694 statutory orders to demolish unauthorized building works, compared with a total of 3,103 issued last year.

In the first six months of this year, a total of 1,580 statutory orders were executed, compared with 2,722 statutory orders executed last year.

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September 20, 1998 (Sunday)