An amended ordinance to rationalise the building control regime, strengthen safety requirements and facilitate law enforcement will launch December 31, Director of Buildings Marco Wu says.

Mr Wu said today the Buildings (Amendment) Ordinance 2004 will enable the introduction of warning notices, the prosecution of unco-operative owners and increase fines for certain offences.

The ordinance empowers the Building Authority to issue notices to owners over unauthorised building works and to register them in the Land Registry if the works are not removed within a specified period.

The authority will lodge an appropriate instrument of satisfaction against the notice in the Land Registry upon the satisfactory removal of the work.

Obstructing necessary works an offence

For statutory orders served on owners' corporations requiring the removal of unauthorised works or conducting of repairs in common parts of buildings, the ordinance provides that those who, without reasonable excuse, obstruct the works may be prosecuted and liable to a $10,000 fine and six months prison.

To facilitate enforcement action, the ordinance clearly defines the responsible party on whom a removal order shall be served. The responsible party is the owner of the premises on which the unauthorised building works are erected or the owner of the premises to which the unauthorised building works are connected. 

For unauthorised signboards, the removal orders shall be served, in order of priority, on the person who has commissioned the erection of the signboard, the person who receives rent of the signboard, or the owner of the premises on which the signboard is erected.

Fines increased

The ordinance also introduces an increase in fines for certain offences. Conducting building works without authority approval will rise from $100,000 to $400,000, the daily fine will rise from $5,000 to $20,000, while the two-year prison term will remain.

For offences concerning non-compliance of removal orders without reasonable excuse, the maximum fine will rise from $50,000 to $200,000, the daily fine will rise from $5,000 to $20,000, while the one-year prison term will remain.

The ordinance also brings in new provisions to strengthen building safety standards by stipulating the mandatory provision of emergency vehicular access in every new development.

Owners and property management agencies of existing buildings where emergency vehicular access is provided, should also take proper care and maintenance of the accesses. The authority may serve repair orders to owners if any dilapidation or defect in an emergency vehicular access is found.

In respect of the inspection and making of non-certified copies of building records, the ordinance introduces a new mechanism for such services for which fees will be charged, based on the "user pays" principle.

For more information of the ordinance call 2626 1616.