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Buildings Department determined to combat unauthorised sub-division of flat units (with photo)
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     The Buildings Department (BD) today (August 2) gave a briefing on the progress of a special operation targeting unauthorised sub-divided flats. The power of breaking into premises vested in the BD under section 22 of the Buildings Ordinance (BO) (Cap. 123) has been used during the operation.

     The BD deployed staff yesterday (August 1) to inspect a building in To Kwa Wan. The building concerned was issued with an occupation permit in September 1959. It has eight storeys including the ground floor. As shown in the approved plans of the building, the ground floor is used as shops and there are two domestic flats on each storey from 1/F to 7/F. According to the BD's investigation, there are a total of 51 sub-divided flats inside 12 of the 14 approved domestic flats in the building.

     Assistant Director of Buildings, Mr Hui Siu-wai, stated during the briefing that the department had already tried to pay visits to the sub-divided flats concerned, as well as to write and leave messages for the relevant parties urging them to contact BD staff to arrange for entry to the sub-divided flats for inspection.

     Up to the end of July, owners or occupants of six sub-divided flats still had not contacted BD staff. The staff had no alternative but to exercise the power under the BO section 22 and broke in for an inspection in the presence of police officers in order to ascertain if there were unauthorised building works in the sub-divided units affecting the fire safety or structural safety of the building.

     "The whole operation proceeded smoothly. BD staff successfully gained access to all sub-divided units, including by way of breaking in, for inspection. However, such a stringent enforcement action would inevitably cause inconvenience and stress to the owners and occupants concerned. The public is also concerned about the nuisance or interference with private property rights caused by such action," Mr Hui said.

     Mr Hui called on owners and residents to co-operate with BD staff for the protection of their own interests and public safety. This is to facilitate the early identification of any irregularities for rectification in order to prevent fatalities and financial loss. Under the BO section 22, the Building Authority or any public officer authorised in writing by him in that behalf may at any time enter and where necessary, in the presence of a police officer, break into any premises to ascertain the safety of such premises. Any person who obstructs the Building Authority or any officer authorised by him in the exercise of power under the BO shall be guilty of an offence and shall be liable on conviction to a fine at level 3 (i.e. $10,000) and to imprisonment for six months.

     Sub-divided flats generally involve the sub-division of a flat unit into two or more individual units. The associated building works commonly include the removal of the original non-structural partition walls, erection of new non-structural partition walls, installation of new toilets and alteration or addition of internal water pipes and drainage systems for the additional toilets, as well as thickening of floor screeding to accommodate the new or diverted drains. The building safety and environmental hygiene may be adversely affected if these associated building works are not properly carried out. Irregularities of such building works include the formation of unauthorised door openings that contravene the fire-resisting construction requirements of means of escape, the addition of partition walls blocking fire escape routes, improper drainage works causing water seepage, and overloading of the building due to excessive addition of non-structural partition walls and/or excessive raised floor screeding.

     When tackling 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. From the launch of the special operation this year up to mid-July, the BD visited 48 target buildings and successfully entered 43 approved flats involving 104 sub-divided units inside for inspection.

     Most of the irregularities found in the inspection of the 43 approved flats were related to fire safety, such as the inaccessibility of both exit staircases from some sub-divided units in buildings provided with two staircases, or unauthorised door openings of sub-divided units formed in the fire-resisting enclosure of an exit staircase or protected lobby. The BD will take appropriate enforcement action in accordance with the prevailing enforcement policy against unauthorised building works and the provisions of the BO. Statutory orders will be issued to the owners concerned requiring the irregularities to be rectified.

     In order to impose control at source, the Administration proposed to incorporate building works commonly involved in sub-divided units into the minor works control system (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 has 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 will submit the proposed legislation to the Legislative Council for scrutiny later.

     Mr Hui stressed that the BD will continue to regulate building works associated with sub-divided units under the BO from the building safety perspective. He called on owners and occupants once again to co-operate with BD staff and allow them to access units for inspection. Otherwise, the BD will continue to exercise the break-in power for entry for early identification of any unauthorised building works in the sub-divided units affecting fire and/or structural safety of buildings and early rectification of the irregularities.

Ends/Tuesday, August 2, 2011
Issued at HKT 16:17

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