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In response to the commentaries and media reports today (July 19) on the Administration's enforcement policy regarding sub-division of flat units, a spokesman for the Buildings Department (BD) stressed that the building safety problem arising from unauthorised building works (UBWs), including those associated with sub-divided units, is always a matter of serious concern to the BD. Initiatives are being proactively implemented to combat UBWs.
The Minor Works Control System (MWCS), which was fully implemented on December 31, 2010, has designated an item of works commonly involved in sub-divided units, internal drainage works within building units, as minor works. Such drainage works have to be carried out by suitable prescribed registered contractors. Otherwise, the works would be a contravention of the law.
The spokesman for the BD said, "In order to impose control at source, we proposed to incorporate building works commonly found in sub-divided units into the MWCS, requiring the owners to carry out such works through legal means by engaging registered building professionals and/or registered contractors so as to enhance the safety level and quality of such works. Apart from the addition of floor screeding and erection of partition walls which have been frequently mentioned before, 'formation of openings to a fire escape staircase or its protected lobby' is also one of the items of works proposed to be incorporated into the MWCS. The regulation of such types of building works will help prevent the sub-division works from affecting fire escapes and the building structure. The BD is now consulting the industry on the relevant technical details, and would submit the proposed legislation to the Legislative Council for scrutiny later."
To tackle the problem of unauthorised building works associated with sub-divided units, apart from carrying out investigation in response to reports or complaints on sub-divided units from members of the public and taking suitable enforcement action according to the current enforcement policy, the BD has launched a special operation since April 1, 2011, to inspect suspected sub-divided units and ascertain whether the alteration and addition works involved therein are in compliance with the planning, design and construction requirements under the building regulations concerning fire safety, drainage works and structural safety, in particular the impact on means of escape. The department will take enforcement action against irregularities of building works so identified. In this special operation, the BD will inspect 150 target buildings involving more than 1,300 sub-divided units per year.
Since the launch of the special operation this year up to the end of June, the BD had visited 45 target buildings and successfully entered 86 sub-divided units for inspection. "However, our staff are facing some difficulties in conducting the investigation. Entry of BD staff is often refused by uncooperative owners or occupants, despite the department's effort to deploy significant staffing resources to pay visits to the flats on different dates and during different times of the day," the spokesman of the BD stressed.
The spokesman urged the property owners and occupants to co-operate with the department's staff for the protection of their own interests and public safety. This is to facilitate the early identification of any irregularities as well as to prevent fatalities and financial losses. The spokesman reiterated that if the relevant owners or occupants were still uncooperative after continuous advice, the BD would actively consider the power of breaking into the premises vested in it under the Buildings Ordinance (BO) in order to ensure public safety.
In the inspection of the 86 sub-divided units so far, most of the irregularities in the building works found were related to fire safety. The BD has taken enforcement action in accordance with the prevailing enforcement policy on such UBWs by issuing removal orders under the BO requiring the owners to rectify the irregularities, the spokesman added.
The BD has also launched a series of public education and publicity activities within a short period of time. These activities include (i) the uploading of FAQs related to sub-divided units onto the department's website to enhance awareness among building owners not to carry out unauthorised building works to sub-divide flat units. Potential tenants of sub-divided units are reminded to check the building safety conditions, in particular whether the fire escape routes in the building are adequate and without obstruction, before deciding whether to rent the unit. Other measures are (ii) the display of promotional slogans on bus bodies, (iii) promotional messages on the radio, (iv) newspaper supplements and (v) a promotional pamphlet.
The spokesman reiterated that sub-divided units present multi-faceted issues spanning public and building safety, building management and housing aspects. The BD will continue to regulate building works associated with sub-divided units under the BO from the building safety perspective.
Ends/Tuesday, July 19, 2011
Issued at HKT 18:02
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