Illicit works report confirmed

May 25, 2011

The Buildings Department has confirmed it received a report about suspected unauthorised building works being constructed at various lots in D.D. 33, Tsung Tsai Yuen, Tai Po Kau in January 2010.
 
In response to media enquiries about the unauthorised structure, the department said it and the Lands Department conducted a joint inspection at the premises in September and found a reinforced concrete building three storeys in height had been newly built to replace an old single-storey building.
 
Associated site formation works, including newly constructed retaining walls forming an elevated garden had also been carried out.
 
As no prior approval or consent for the above building works had been obtained from the Building Department, nor any certificates of exemption granted by the Lands Department, the works contravened the Buildings Ordinance.
 
As the works were newly constructed and fell within the category for priority enforcement action in accordance with the Buildings Deparmtent's enforcement policy, the department issued removal orders to the owners in December, requiring the demolition of the works, including the unauthorised building and the associated retaining walls, within 90 days.
 
The Lands Department also issued notices in December and January requiring the cessation of occupation of government land in respect of the unauthorised building and the associated retaining walls. 
 
As the subject works were not removed upon expiry of the removal orders, warning letters were issued to the owners in April advising them of the Buildings Department's further enforcement actions.
 
The owners subsequently appointed an authorised person in April to co-ordinate the demolition. They agreed to submit a demolition proposal and programme of work to the Buildings Department for approval in early June.
 
If the owners fail to complete the demolition on time the department will consider initiating prosecution against the owners, and arrange for a government contractor to demolish the works and recover the cost from the owners.
 
Anyone who, without reasonable excuse, fails to comply with a removal order faces a year's jail and a $200,000 fine.