DEVB - Building Management and Maintenance - Public Consultation on Mandatory Building Inspection

INTRODUCTION

It is most people's dream to have a safe and comfortable home. It is a pity to see so many owners allowing their most valuable asset to fall into disrepair. Such owners are not only jeopardizing their own interests, but also putting public safety at risk. Addressing this building neglect problem is a matter of urgency.

We did a first stage public consultation on building management and maintenance in late 2003/early 2004 and the following findings were encouraging -

Community consensus that owners have the responsibility to properly upkeep their buildings and bear the necessary financial commitment
General public support for mandatory building inspection as a practicable and effective long term solution to improve the deteriorating building stock

ASSISTANCE MEASURES AND BEYOND

As part of our holistic strategy to address the building neglect problem, the Government, in conjunction with the Hong Kong Housing Society (HKHS) and the Urban Renewal Authority (URA), has put in place various assistance programmes to help owners take proper care of their buildings.

The various types of technical and financial assistance have been well received by the community and have showcased the benefits of proper building care -

Improving building safety
Creating a better and more sustainable living environment
Enhancing value of the properties
Reducing building insurance premiums
Creating job opportunities
Improving our cityscape, and enhancing Hong Kong's image as an attractive international city

MANDATORY BUILDING INSPECTION SCHEME

The Buildings Department (BD) will continue to step up its enforcement efforts against non-compliance with the Buildings Ordinance. However, a permanent solution to the building neglect problem lies in owners actively taking up their maintenance responsibility. We have now worked out the implementation details of the long-term measure, i.e. the proposed mandatory building inspection scheme for deliberation with the public.

Key Features

Requiring owners of private buildings aged 30 years or above to engage qualified inspectors (i.e. Authorised Persons or Registered Structural Engineers) to inspect their buildings and undertake the necessary repair works as specified by the inspectors
Inspection to be done every seven years, counting from the date when the owners were notified of the last round of inspection
Inspection items to mainly cover those in the common areas like structural elements, drainage, building fire safety elements, external walls and unauthorised building works posing imminent danger.
Owners of properly managed and maintained buildings may apply for exemption

Roles of Owners, Inspectors and Buildings Department

Owners

Engage inspectors to inspect their buildings
Undertake necessary rectification works as specified by the inspectors

Inspectors

Inspect and submit inspection reports to owners and specify necessary rectification works
Supervise and certify completion of rectification works in accordance with the law

Buildings Department

Notify owners to inspect their buildings within a specified timeframe
Set standards for inspection and rectification works
Conduct random audit check on inspection reports
Enforce against non-compliance

MEASURES TO ENHANCE WINDOW SAFETY

In response to the spate of window failures this year, the Government has promptly stepped up efforts to promote window safety. Even with the enhanced efforts, there are public calls for some form of mandatory measure to ensure window safety. We have drawn up for public discussion, two options involving different levels of Government regulation to be imposed on building owners -

Regular Inspection - owners of all private buildings aged 5 years or above to engage qualified persons to inspect and repair their windows (located in both common parts and private premises, openable and fixed) once every 3 years and to submit reports to BD

One-off inspection - main features similar to regular inspection above, except that this is a one-off, rather than recurrent requirement. The success of this option depends on owners' willingness to maintain their windows regularly on a voluntary basis thereafter

Under the above options, "qualified persons" includes Authorised Persons; Registered Structural Engineers; Registered General Building Contractors or Registered Minor Works Contractors (subject to the passage of the minor works legislation scheduled for introduction into the Legislative Council in 2006).

We would like to invite views on whether a mandatory approach should be adopted in enhancing window safety and if so, which of the above two options is preferable, as well as other alternative suggestions.

SUPPORT MEASURES

To facilitate owners in discharging their responsibility under the proposed mandatory schemes, we will put in place the following support measures-

HKHS and URA to provide enhanced financial and technical assistance to owners in need
Government to introduce a host of measures to ensure the quality and standard of the service providers
Government to consider the feasibility of improving the existing mechanism to resolve disputes related to building management and maintenance matters; and of establishing a simple alternative dispute resolution mechanism
To consider the introduction of a Voluntary Building Classification Scheme, to be run by non-government agency, to promote building management and maintenance through positive recognition

LET US HAVE YOUR VIEWS

We need your views on how we should improve our fast decaying building stock. Subject to community consensus over the main features of the proposed mandatory building inspection scheme and measures to enhance window safety, we plan to introduce the necessary legislative proposals to the Legislative Council in 2007.

The consultation exercise lasts until 31 January 2006. Copies of the consultation document can be obtained from the 18 District Offices, BD and Housing, Planning and Lands Bureau (HPLB); or downloaded from the websites of HPLB (http://www.hplb.gov.hk/) & BD (http://www.bd.gov.hk/).

Submissions should be in writing and sent to -

Housing, Planning and Lands Bureau
9/F, Murray Building, Garden Road, Hong Kong (Attn: AS(UR)4)
Fax: 2845 3489
Email: bmm@hplb.gov.hk

Enquiries may be forwarded to the above address or by phone at 2848 2718. Public forums are organized during the consultation period, and you are most welcome to participate. Details can be found in the consultation document and our websites.

Unless parties making submissions specify a reservation, we shall assume that they have licensed us to reproduce and publish their views in whole or in part in any form and to use, adapt or develop any proposals put forward without the need for permission from or subsequent acknowledgment of the party making the proposals.