Chapter 3

3.3 Types of Should defects of buildings or related nuisance have developed to a

Statutory stage that safety or health of the public would likely be compromised,
Orders the Government will intervene to expedite the rectification process.

3.3.1 Orders Issued by the Buildings Department

The Buildings Department (BD) may issues advisory/warning letters or

even orders to private building owners to investigate and rectify defects
or irregularities. Once an order is issued, the owners/Owners' Corporation
(OC) should take the necessary action to comply with the requirements
immediately. Otherwise, they may be liable to prosecution, fines and/or
imprisonment. Furthermore, orders will be registered against the title
of the property in the Land Registry and will come to the attention of
potential property buyers before completing transactions. The following
are examples of orders frequently issued by the BD to private building
owners:

(a) Unauthorized Building

Works - Removal Order under Section
24 of the Buildings Ordinance
(Chapter 123)

It is served upon the registered owners

of a property where UBW are located.
The owners are required to remove the
UBW and to reinstate the building in
accordance with approved building
plans. Deadlines for complying with the
issued orders usually do not exceed 60 days.

(b) Investigation - Order under Section 26A of the Buildings Ordinance

It is served upon building owners

or OC where early signs of
building defects are detected
and requires detailed
investigation to identify the extent
and the nature of the
dilapidation/defects.

Owners are required to engage

an Authorized Person (AP) to carry out the investigation and to submit
the remedial proposal to the BD for acceptance. The AP is also required

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3.3 Types of (c) Repair - Order under Section 26 of the Buildings Ordinance
Statutory
Orders It requires building owners or OC of buildings which are found to bear
serious defects likely to cause risk of injury or damage, to carry out
the required repair works and to render the buildings safe.

Owners may be required to engage an AP to supervise the remedial

works to the satisfaction of the BD. The time specified in the order
for the owners to comply usually does not exceed 6 months.

(d) Dangerous Hillside - Order under Section 27A and Investigation

and Repair - Order on Water Pipes, Drains or Sewers Laid in
Slopes under Section 27C of the Buildings Ordinance

They are served on building owners or OC when the slopes

and retaining walls are dangerous and likely to cause
risk of injury or damage to adjoining property; or
the drains or buried pipes behind the slopes or
retaining walls are leaking and may result in
landslip or collapse.

The Order may require the owners to carry

out investigation and submit remedial proposals
for approval, and to carry out the remedial
works in a specified period of time. Owners
are always required to engage the service
of an AP in handling the investigation and
remedial works

(e) Drainage Repair - Order under Section 28 of the Buildings Ordinance

It requires building owners or OC of buildings

which are found to bear defective or
inadequate drainage installations, or the
drainage system of which is causing nuisance,
to investigate and repair or rectify the
situation.

The owners may be required to engage

an AP to submit remedial proposal and to
supervise the remedial works to the satisfaction
of the BD. The order will also specify a period
of time for compliance.

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3.3 Types of 3.3.1 Orders Issued by the Buildings Department (continues)

Statutory
Orders (f) Fire Safety Improvement Direction - under Fire Safety (Commercial
Premises) Ordinance (Chapter 502)

These directions may be issued by the

Buildings Department or the Fire Services
Department.

Under the scope of the Ordinance, there

are 2 kinds of commercial premises
namely, prescribed commercial premises
and specified commercial buildings.

Prescribed commercial premises include

the following premises that have an area
2
over 230m :

• banks;

• off-course betting centers;

• premises requiring exceptionally high security measures for business such

as jewelry or goldsmith;

• supermarkets and hypermarkets;

• department stores; and

• shops/shopping arcades.

Specified commercial buildings are those buildings which have been

completed before 1st March 1987. Basically, these buildings are
found to have inadequate fire service installations and may pose danger
to the occupiers in case of fire when judged against the current standards.

The property owners and the occupiers will be served with the Fire
Safety Improvement Directions requiring them to upgrade and improve
the fire service installations (usually by adding sprinkler system) and carry
out other necessary works. Examples of such required works are
reinstatement or improvement of smoke lobby doors, fire resisting
construction (walls and openings), and removal of obstructions in escape
routes. Owners are required to engage an Authorized Person (AP) to
carry out the investigation, to submit the remedial proposal to the Building
Authority for acceptance, and to supervise the remedial works.

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3.3 Types of (g) "Blitz Action - Clearance of Unauthorized Building Works (UBW)"
Statutory and "Coordinated Maintenance of Buildings Scheme (CMBS)"
Orders
The BD has, since 1999, launched large scale UBW clearance
operations called "Blitz" aiming to clear up UBW mainly on the external
walls. Since November 2000, the BD has also launched a Coordinated
Maintenance of Buildings Scheme (CMBS) in various districts to co-
ordinate other relevant departments to survey the target buildings and
determine the scope and nature of improvement works required so as
to ensure efficiency and cost-effectiveness to owners and the OC.
Besides BD, departments which have joined CMBS include Home Affairs
Department, Fire Services Department, Electrical and Mechanical Services
Department, Food and Environmental Hygiene Department and Water
Supplies Department.

The owners or the OC are advised to comply with the orders, advisory
or warning letters or directions voluntarily. To facilitate and assist owners
in complying with the requirements, the Building Safety Loan Scheme
has also been launched by the BD. Readers may refer to Section
4.2.1 of Chapter 4 and Appendix 6 of this Guidebook for details and
guided procedures for complying with the orders. The BD is determined
to instigate prosecutions against the non-complying owners.

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3.3 Types of 3.3.2 Notices or Directions Issued by Other Government

Statutory Departments
Orders
(a) Water Authority (Water Supplies Department or WSD)

Notices may be served under Section 16 of Waterworks Ordinance

(Chapter 102) in the following situations:

• unauthorized alteration of water works; or

• when the supplied water is wasted or polluted or if there is such a risk.

Section 4.2.3(a) of Chapter 4 suggests solutions to comply with notices

from the WSD.

(b) Environmental Protection Department (EPD)

The following notices may be served by EPD:

• Under Section 3 of Water Pollution Control Ordinance (Chapter 358) in

respect of drainage systems that are not properly discharged into the public
sewage system.

• Under Section 10 of Air Pollution Control Ordinance (Chapter 311) in

respect of emission of air pollutants which may cause deposit of dust/grit
or affect public safety, etc.

• Under Section 13 of the Noise Control Ordinance (Chapter 400) requiring

the owner or occupier to bring his noise emissions into a state of compliance
by certain date.

Readers may refer to Section 4.2.3(b) of Chapter 4 for solutions to comply

with such notices.

(c) Fire Services Department (FSD)

(i) Fire Safety Improvement Directions

Please see Section 3.3.1(f) above.

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3.3 Types of (ii) Fire Hazard Abatement Notice

Statutory
Orders Notice may be served under the Fire Services Ordinance (Chapter 95)
for the removal of identified fire hazards in buildings within a specified
period of time. This notice may be served to the owner, tenant, occupier
or person-in-charge where appropriate. Non-compliance with the notice
may result in legal action or the application for court order. Section 4.2.3(c)
provides suggestions on how to comply with such notices.

(d) Electrical and Mechanical Services Department (EMSD)

(i) Electrical installation

Notice may be served under the Electricity Ordinance (Chapter 406) for
lack of repair, maintenance and test of electrical installation of building
and improper wiring connection that may be in danger if fire and electrical
fault are caused.

(ii) Gas installation

Notice may be served under the Gas Safety Ordinance (Chapter 51) for
the lack of repair, maintenance and test of gas supply system, and to prohibit
the excessive stock of LPG cylinders in order to ensure safe operation of
the system.

(iii) Lift installation

Notice may be served under the Lift and Escalator (Safety) Ordinance
(Chapter 327) for the lift installation of building not complying with the
Regulations. The objective is to ensure the lifts meet safety standards and
operate smoothly.

(e) Food & Environmental Hygiene Department (FEHD)

Notice may be served under the Public Health and the Municipal Services
Ordinance (Chapter 132) for the repair of water leakage at drainage pipe,
and the cleansing of private sewers to prevent nuisance to other owners,
occupants or to the general public.

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