The Buildings Department (BD) was highly concerned about the incident involving the collapse of a scaffold at a construction site in Kai Tak this afternoon (February 20), causing the death of two workers and injuring three workers. The BD was saddened and expressed its deepest condolences to the families of the deceased and the injured.

     A spokesman for the BD emphasised that it is the responsibility of contractors to ensure the structural safety and stability of bamboo scaffolds, including the design, erection, maintenance and dismantling of the scaffolds.

     A preliminarily investigation by the BD found that a scaffold of about 15m by 8m fell to the ground from the external wall on the 19th floor of a building under construction.

     The BD will conduct a comprehensive investigation into the cause of the incident including whether the scaffold, as temporary works, complied with the Buildings Ordinance (BO), and whether the registered contractor and any related persons have properly discharged their responsibilities. If anyone is found in contravention of the BO, the BD will follow up seriously, including instigating prosecution and referring to the Contractors Disciplinary Board for disciplinary proceedings. 

     According to section 40(2B)(a) of the BO, any person directly concerned with any building works who carries out or has carried out, or authorizes or permits or has authorized or permitted such works to be carried out, in such manner that it causes injury to any person or damage to any property; shall be guilty of an offence and liable on conviction to a fine of $1,000,000 and to imprisonment for 3 years.

     The BD reminded again contractors and building professionals to properly supervise the carrying out of building works in accordance with the BO and its subsidiary regulations, and the Code of Practice for Site Supervision to ensure safety of the building and the public during construction works.

     A spokesman for the Buildings Department (BD) today (December 29) gave an account of the progress for buildings with expired notices under the Mandatory Building Inspection Scheme (“notices”) that have not been complied with. Following the announcement of actions against the 2 700 buildings that failed to comply with the expired notices in July this year (www.info.gov.hk/gia/general/202307/20/P2023072000267.htm), about 2 200 buildings have made progress in the past few months after the Government stepped up its follow-up actions. This indicates that most owners are willing to assume their maintenance responsibility but may need assistance throughout the process. The BD, together with the Home Affairs Department (HAD) and the Urban Renewal Authority (URA), will continue to provide full assistance to these owners to comply with the notices as soon as possible. 

     For the some 470 buildings with expired notices with no progress and reasonable excuse, the BD has instigated prosecutions against owners or owner’s corporations (OCs) of about 110 buildings and will consider prosecuting the owners or OCs of the remaining 360 buildings. 

     Moreover, in order to reduce the risk to public safety from these buildings with expired notices, the BD has proactively initiated and completed special inspections of the external walls of about 170 buildings with potentially higher risk and immediately followed up the required emergency works. The spokesman emphasised that this special operation is aimed at the external walls of buildings and cannot replace the owners’ responsibility in building maintenance and compliance with the notices. The owners or OCs concerned are still required to conduct inspection and repair works in respect of the common parts of buildings.

     As of December 15, an overview of the compliance progress of the 2 700 buildings is tabulated below:

     For the some 470 buildings with expired notices with no progress and reasonable excuse, the BD has instigated prosecution proceedings against owners or OCs of about 110 buildings and has issued summonses to about 20 buildings since the fourth quarter this year. Among which, the owners of two buildings have been convicted and fined about $4,500 and $3,100 by the Magistrates and the remaining cases are pending hearings scheduled by the Court. For the other 360 buildings with expired notices with no progress and reasonable excuse, the BD, in collaboration with the HAD and the URA, will continue to provide further assistance to the owners or OCs. In case there is still no progress, the BD will consider instigating prosecution proceedings. Upon reviewing the Buildings Ordinance in the future, the Government will consider streamlining prosecution procedures against the expired notices (e.g. by means of issuing fixed penalty notices in lieu of court hearings) and increasing fines in order to enhance its deterrence. The Government has earlier indicated that it will put forward the legislative amendments for public consultation within next year.

     The spokesman said that under the leadership and co-ordination of the Development Bureau, the tripartite standing communication mechanism amongst the BD, the HAD and the URA will continue to be strengthened, and provide information and support through proactive contacts with owners or OCs, organising district briefings, etc.

     In the past few months, the three parties have actively involved in the community and jointly organised nine district briefings from September to December in Sham Shui Po, Kowloon City, Yau Tsim Mong, Central and Western, Wan Chai, North, Tsuen Wan, Wong Tai Sin and Eastern districts to explain the procedures pertaining to compliance with the notices, formation of OCs and application for subsidies from the URA. Members of the public may keep track of the information and watch the briefings online (elearning.bd.gov.hk/video-list/).

     The Government is also reviewing with the URA about the workflow of the OBB 2.0 at its various stages and exploring different options to assist owners or OCs who have applied for subsidies to expedite the commencement of inspection and repair works (e.g. streamlining the procedures for engaging RIs) and providing more specific and detailed indicators and milestones over the progress of works (e.g. the indicator and milestone for engagement of RIs and tendering of registered contractors, etc.) for owners or OCs to follow. These measures are targeted to be announced in the first quarter of 2024. 

     The spokesman reminds that it is the building owners’ responsibility to ensure that their properties are well maintained and in safe condition, including conducting regular inspections and timely repair of their properties. Owners may be held criminally and civilly liable for any damage to properties or casualties due to building dilapidation. Owners are required to appoint RIs to carry out the prescribed inspections and repairs, otherwise they will not be regarded as complying with the requirements of the Mandatory Building Inspection Scheme (MBIS). The list of RIs is available on the BD website: 
     www.bd.gov.hk/tc/resources/online-tools/registers-search/registrationsearch-disclaimer.html?reg_type=RI(A),RI(E),RI(S)

     Members of the public can find details of the MBIS on the BD website (www.bd.gov.hk/en/safety-inspection/mbis/index.html), the BD’s Chatbot Function “Ah Build” and mobile application “MBIS/MWIS – Quick Guide for MBIS/MWIS”.

Note: The Government injected $6 billion for the URA to implement OBB 2.0 to subsidise eligible owners in co-ordinating inspection and repair works in respect of common parts under the MBIS. Buildings that are able to co-ordinate the necessary works among themselves are considered as Category 1 buildings. For Category 2 buildings, the BD will exercise its statutory power in carrying out the necessary inspection and repair works on behalf of the owners, with the cost to be recovered from them after completion of works. Eligible owners can apply for an OBB 2.0 subsidy to reimburse for part or all of the cost of the works.

     Upon notification by the Police at about 6.30pm on July 19 that some concrete had fallen from Lai Wan Building on 33-35 Shau Kei Wan Road, staff of the Buildings Department (BD) were immediately deployed to carry out a site inspection. Using an elevated working platform set up by the Fire Services Department, the BD staff inspected the bottom of the second floor of the building above the pavement of Sau Kei Wan Road and found that a piece of concrete/rendering measuring about 600mm by 600mm had fallen off. No obvious danger to the overall building structure was noted. As directed by the BD staff, the owners’ corporation (OC) of the building has immediately arranged for a contractor to erect temporary protective measures and will remove within these few days the remaining parts that may come loose to ensure public safety.

     The subject building is about 58 years old. The BD has issued earlier a statutory notice under the Mandatory Building Inspection Scheme (MBIS) to the OC in respect of the common parts of the building. Although the concerned building has been inspected, the statutory notice under the MBIS will not be considered as complied with until the repair works have been completed. It is noted that the building belongs to the Category 1 buildings under the Operation Building Bright 2.0, and the OC is making its own arrangements for the repair works. The BD will continue to follow up the matter, and will request the OC to submit a programme of works to comply with the statutory notice by carrying out the repair works as soon as possible.

     The BD emphasised that it is the responsibility of owners to ensure the safety of their buildings. Timely repair and maintenance of private buildings is the basic responsibility of owners. Pursuant to section 40(1BC) of the Buildings Ordinance, any person who, without reasonable excuse, fails to comply with a statutory notice served on him or her, commits an offence and is liable on conviction to a fine at level 5 ($50,000 at present) and to imprisonment for one year, as well as a further fine of $5,000 for each day that the offence has continued.

     A spokesman for the Buildings Department (BD) said on May 29 that the department is highly concerned about the incident concerning suspected removal of part of a structural wall in a unit at The Capitol, Lohas Park. The BD has deployed its staff for a site inspection and has issued a statutory order to the concerned owner under the Buildings Ordinance (BO). The BD has commenced a full investigation on any contravention under the BO, and will, depending on the investigation result, take appropriate punitive action under the BO (including instigating prosecution). 

     Staff of the BD has conducted an inspection at the concerned unit, together with the owner, the interior designer responsible for the renovation of the concerned unit, and staff of the property management company. Certain contraventions were found during the inspection, including removal of part of a 200mm thick structural wall (about 720mm wide by 2150mm high) between the living room and the bedroom for installation of a new door. After inspecting the units above and below the concerned unit by BD officers, no danger to the overall building structure was noted. The concerned owner informed the department that a contractor has been arranged to install temporary supports at the new door opening.

     The BD has issued a statutory order to the concerned owner under the BO, including requiring the concerned owner to appoint an Authorized Person (AP) to submit a remedial proposal (including an assessment of the overall effect on the structure of the concerned building due to the alteration works and plans of proposed remedial works, and to obtain approval and consent from the BD before the commencement of such remedial works to reinstate the parts of the building so affected in accordance with the approved plans. The BD will continue to follow up the case seriously to ensure due compliance with the statutory order.

     According to the provisions of the BO, any person who wants to carry out building works (including alterations and additions (A&A) works) in private buildings, except works that are exempted in accordance with section 41(3) of the BO or minor works that may be carried out under the simplified procedures of the Minor Works Control System, should appoint an AP to submit plans to the BD for approval and obtain consent from the department in accordance with section 14 of the BO, before commencing such works. The removal of part of the structural wall in this incident is neither exempted building works nor minor works. Such works involving structural wall without the approval of the BD will be regarded as unauthorised building works (UBWs).

     The BD spokesman stressed that it is the responsibility of owners to keep their buildings free of UBWs and shall not carry out any UBWs. Any person who intends to carry out A&A works is advised to consult building professionals for advice, including 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 also 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 the works to ensure safety of occupants and structural safety of the building.

     According to the BO, it is a serious offence to carry out any building works without prior approval. Any person, if convicted, is liable to a maximum fine of $400,000 and two years’ imprisonment. Any person who carries out such works in such manner that it causes or is likely to cause a risk of injury to any person or damage to any property shall be guilty of an offence and shall be liable on conviction to a maximum fine of $1,000,000 and imprisonment for three years.

     Any person who without reasonable excuse fails to comply with a statutory order served on him shall be liable on conviction to a fine of $200,000 and, and a further fine of $20,000 for each day that the offence has continued.