The Development Bureau issued a Legislative Council paper today to propose amendments to the Buildings Ordinance along three aspects, which include speeding up building inspection and repair, rationalising the policy on handling unauthorised building works (UBWs), and enhancing building safety.

Speed up building inspection and repair

In view of the unsatisfactory compliance rate of the Mandatory Building Inspection Scheme (MBIS) and the Mandatory Window Inspection Scheme (MWIS), the bureau hopes to compel compliance through a number of ways.

It suggests introducing a fixed penalty of $6,000 for non-compliance with MBIS notices, and increasing the fixed penalty for non-compliance with MWIS notices from $1,500 to $3,000.

Also, for non-compliance with MBIS notices involving external walls or projections thereof, the bureau proposes to raise the maximum penalty from $50,000 to $200,000, with the imprisonment term be kept at one year.

Meanwhile for non-compliance with MWIS notices, the maximum penalty will be increased from $25,000 to $100,000, with the imprisonment term be kept at three months.

The penalty for uncooperative owners obstructing building inspection or maintenance will be increased from $10,000 to $25,000.

Furthermore, the bureau suggests introducing a new offence for non-compliance with a MBIS or MWIS notice or a statutory order if damage is done to the external walls or its projections or the windows of a building, leading to death, injury or property damage - a maximum fine of $300,000 and imprisonment for one year will be imposed.

Rationalising the policy for handling unauthorised building works

Currently, facilities ranging from small-scale drying racks, supporting frames for air-conditioners or canopies, to large-scale structures such as enclosed rooftops or unauthorised basements, are all regarded as illegal works or UBWs which can be ordered for removal if the relevant works are not carried out in accordance with the Buildings Ordinance.

In order to strike a balance between the daily needs of the public and the risks of minor UBWs, as well as to optimise the use of limited enforcement resources, the bureau will adopt a pragmatic and facilitating approach in dealing with minor UBWs, while focusing on the effectiveness of enforcement against serious UBWs.

Regarding minor UBWs that are related to people’s daily lives, the bureau plans to add more types of “designated exempted works” or relaxing the requirements for existing works items, so that more works can be carried out without needing the Buildings Department’s approval. Retractable awnings and drying racks below a specified height will no longer be regarded as UBWs.

In addition, the bureau plans to consolidate the three existing urban validation schemes into one integrated scheme, and extend the scope of validation to allow owners to retain minor UBWs erected before the commencement of the amendment ordinance and meeting the specified dimensions, after a one-off or regular validation by registered building professionals or registered contractors. There will be a grace period of three years upon the implementation of the integrated scheme during which no enforcement action will be taken.

As regards serious UBWs, the bureau proposes increasing the maximum fine for non-compliance with a removal order to $300,000 and imprisonment for two years, and to $600,000 and imprisonment for two years in the event of a subsequent conviction.

It also proposes that an owner commits an offence if there is a serious UBW in a property acquired after a certain specified period after the commencement of the amendment ordinance, irrespective of whether the UBW was erected by the owner. The maximum penalty will be a fine of $300,000 and imprisonment for two years on summary conviction at the Magistrates’ Court.

Enhancing building safety

Making reference to the Occupational Safety & Health Ordinance, the Development Bureau proposes to introduce an indictable offence for serious injury or death caused by works carried out by registered building professionals or registered contractors directly involved in the works. The maximum penalty will be $10,000,000, while the imprisonment term will still be three years.

From December 30, the Development Bureau will launch a two-month consultation on the proposed amendments. Citizens can convey their views using an online form or writing to bo_consultation@devb.gov.hk on or before February 28, 2025.

The bureau targets to introduce the amendment bill to the LegCo in the first half of 2026.