LCQ17: Repair and upkeep of external walls of structures
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Following is a concern by the Hon Chan Hok-fung and a written reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (July 30):
Concern:
Some flat owners of structures in old districts have actually passed on to me that titles to the external walls of lots of structures in Hong Kong are held by the initial designers of those structures. Rather a number of these designers have actually stopped operations over the years following conclusion of the structures. The Government has actually presumed ownership of the external walls of structures held by a few of such designers after their liquidation. There are likewise cases in which the external walls of structures are left ignored, be become “abandoned structures” and end up being shabby. In this connection, will the Government notify this Council:
(1) whether it has actually assembled data on the variety of personal structures in Hong Kong where titles to their external walls are not merged (consisting of structures with insufficient titles to part or the entire of their external walls); of the variety of personal structures with titles to their external walls taken control of by the Government due to the truth that the designer worried has actually entered into liquidation, and the federal government departments associated with handling such titles, together with a breakdown of the names and varieties of such structures by District Council (DC) district;
(2) how the Government will deal with the concern worrying the obligations for repair work and upkeep of the external walls developing from personal structures with insufficient titles to their external walls and those with titles to their external walls taken control of by the Government as discussed in (1 ), e.g. whether the Government has actually moved the titles to the external walls under its ownership to the owners’ corporations (OC(s)) of the pertinent structures at small expense; if so, of the variety of effective cases of title transfer, and the variety of OCs declining approval of such transfer, together with a breakdown by DC district;
(3) of the procedures in location to make sure structural security of the external walls of the structures where titles to the external walls have actually been taken control of by the Government; whether there have actually been cases in the previous 5 years where worn out external walls of such structures triggered injuries to pedestrians and the Government was needed to presume duty for settlement; if so, of the information; and
(4) how the Government will deal with the scenario pointed out in (1) above in which the titles to the external walls of structures are insufficient while their external walls are positioning instant threat; whether the Government has presumed any duty for repair work and upkeep and spent for the pertinent works; if so, of the overall quantity of repair work or upkeep expenses sustained by the Government in the past, together with a breakdown by DC district?
Reply:
President,
The Government has actually the whole time been stressing that structure owners ought to correctly keep and fix their structures. Apart from extending the life of their structures, threat to the residents or the public occurring from dilapidation can likewise be prevented. Usually speaking, the Deeds of Mutual Covenant (DMCs) of a structure, being a personal agreement, state the rights and responsibilities amongst the celebrations worried (i.e. owners, supervisors and designers), consisting of management of the typical parts of structures and other associated matters, along with bearing of the appropriate upkeep expenses, and so on. Some DMCs likewise define the titles to and the management right of external walls. Owners might handle the typical parts (consisting of external walls) of their structures and other associated matters by forming owners’ corporations (OCs), owners’ committees and interesting certified residential or commercial property management business.
The Building Management Ordinance (Cap. 344) likewise specifies the obligations for management and upkeep of the typical parts of a home. The Urban Renewal Authority has actually released an all-in-one Integrated Building Rehabilitation Assistance Scheme, supplying monetary support and technical assistance to structure owners, consisting of assistance for owners to bring out extensive upkeep works for the typical locations of their structures. The Home Affairs Department likewise supplies support and assistance to OCs in dealing with structure management matters (consisting of upkeep of the external walls of structures).
Our reply, prepared in assessment with the Home and Youth Affairs Bureau, to numerous parts of the concern raised by the Hon Chan is as follows:
(1) As the titles to various parts of structures and the duties for handling their typical parts are specified in the DMCs, which are personal legal contracts, the Government has actually not assembled stats on the variety of personal structures in Hong Kong where titles to their external walls are not combined (consisting of structures with insufficient titles to part or the entire of their external walls).
For residential or commercial properties owned by business, if the business, pursuant to the Companies Ordinance (Cap. 622) or the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), finishes the treatments for ending up and will liquify, every home and right (such as consisting of some residential or commercial properties that are yet to be offered in the market) vested in or hung on trust for the business instantly before the dissolution is vested in the Government as bona vacantia. Amongst these, land residential or commercial properties are “bona vacantia properties” (including their external walls). In basic, the Lands Department (LandsD) will deal with the titles to the external walls (bona vacantia external walls) of the aforementioned structures which are vested in the Government as bona vacantia by method of sale (please see part (2) for information). Unsold bona vacantia external walls will continue to be handled by the LandsD.
Since June 2025, there are an overall of 56 cases including bona vacantia external walls which have actually been taken control of and are still handled by the LandsD, the information of which (by District Council district) are set out at Annex 1. Offered a few of the bona vacantia external walls taken control of by the LandsD just represent a part of the total ownership of the external walls, the LandsD will take on the management and upkeep duties representing its share of interests in the external walls in accordance with the DMCs.
(2) In basic, the LandsD will get rid of bona vacantia residential or commercial properties that it has actually taken control of by method of sale. As the titles to external walls are not appropriate for sale in the open market, the LandsD will generally welcome the OC of the structures worried to take over the ownership of bona vacantia external walls at a small cost (i.e. $1,000). Because 2010, the LandsD has actually effectively moved the titles of 24 cases of bona vacantia external walls to the OCs of the structures worried by sale. A list of these structures is set out at Annex 2.
Amongst the 56 cases of bona vacantia external walls presently handled by the LandsD as pointed out in part (1 ), the LandsD has actually formally welcomed the OCs of the structures worried to take control of the titles of 13 cases, however the OCs have yet to react. A list of the structures worried is set out at Annex 3. The LandsD is organizing preliminary settlement with the pertinent OCs relating to the transfer of titles for the other 42 cases. When it comes to the staying case, there is no prepare for transfer for the time being as no OC has actually been formed in the structure. Far, no OC has actually clearly declined the deal concerning bona vacantia external walls, and the LandsD will continue to work out with the appropriate OCs on the transfer matters.
Normally speaking, for structures where titles to their external walls are not merged (i.e. not held by a single owner or business) or are insufficient (e.g. private titles are uncertain), the OCs or the owners need to collectively work out and bear the duties for management and upkeep of external walls in accordance with the DMCs.
(3) For bona vacantia external walls handled by the LandsD, the department bears the exact same duties as other owners. The LandsD personnel will check the conditions of external walls regularly and, if essential, will schedule works specialists to perform repair work as suitable to guarantee their structural security which they remain in an excellent state. According to the records of the LandsD, there has actually not been any case of injuries to pedestrians due to dilapidation of bona vacantia external walls under its management.
(4) The Buildings Department (BD) has actually been embracing a multi-pronged method to guarantee the security of personal structures. No matter ownership status, if it is discovered that a structure, including its external walls, presents an impending threat to the general public, the BD will schedule federal government professionals to perform emergency situation works and consequently recuperate the appropriate works expenses, guidance costs, and additional charges from the owners. To put it simply, the appropriate charges ought to be eventually borne by the owners, instead of the BD.
Concerning the bona vacantia external walls handled by the LandsD pointed out in part (1) above, none of the worried cases need intervention or repair by the BD due to impending risk.