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Building (Minor Works)(Amendment) Regulation 2012 comes into effect tomorrow
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     A spokesman of the Buildings Department (BD) announced today (October 2) that the Building (Minor Works)(Amendment) Regulation 2012 will come into effect tomorrow (October 3). The number of designated minor works items will be increased to 126. Several types of works associated with the subdivision of flats will be included under the Minor Works Control System (MWCS), so as to strengthen the control of works commonly involved in the subdivision of flats.

     Under the amendment regulation, the following items of works are designated as minor works:
* formation or alteration of door openings to the enclosure of an escape staircase or its protected lobby;
* erection of non-load bearing block walls in a flat; and
* thickening of the floor slab in a flat by laying solid screeding.

     Under the MWCS, all Registered General Building Contractors and those Registered Minor Works Contractors who are registered for the relevant class and type of minor works are qualified to carry out the new items of minor works without any further registration. Registered contractors and industry practitioners who do not fall into the above two categories can submit their applications to register for the new minor works items to the BD. Any person intending to carry out these types of works may do so under the simplified requirements of the MWCS upon the commencement of the amendment regulation.

     The spokesman said that most of the minor works items added are currently exempted works under the Buildings Ordinance, meaning that such works may be carried out without obtaining the Building Authority's prior approval of the relevant plans and consent to the commencement of the works. Such exempted works are also not required to be designed, supervised and carried out by qualified professionals and contractors. That said, the works still have to comply with the relevant requirements of the subsidiary regulations under the Buildings Ordinance, such as the requirements that the works should not overload or affect the fire escape of the building. By including the works in the MWCS, owners will have to hire qualified prescribed building professionals and/or prescribed registered contractors to design, supervise and carry out the works in accordance with the simplified requirements of the MWCS. The new arrangement will thus be able to ensure the quality of works associated with subdivision of flats at source.

     The spokesman again reminded members of the public not to carry out minor works by themselves. They should instead appoint prescribed building professionals/ prescribed registered contractors to do so. A prescribed registered contractor means a registered minor works contractor, a registered general building contractor or a registered specialist contractor registered for the respective category of specialised works. The lists of prescribed building professionals/ prescribed registered contractors are available on the BD website (www.bd.gov.hk).

     It is a serious offence for any person other than a prescribed registered contractor (i.e. a registered general building contractor or a registered minor works contractor) to carry out minor works. The maximum penalty upon conviction is a fine at level six (i.e. $100,000), imprisonment for six months and a further fine of $ 5,000 for each day that the offence has continued.?The person who arranges for the carrying out of the minor works commits an offence if he knowingly fails to appoint a prescribed registered contractor and/or prescribes a building professional for such works. The maximum penalty upon conviction is a fine at level six.

     Advisory service is available to building owners, minor works practitioners and other stakeholders to provide technical advice and answer their questions. Enquiries about the MWCS may be made at the enquiry counter at Rooms 1102-3, 11/F, Two Landmark East, 100 How Ming Street, Kwun Tong, Kowloon, or may be directed to the Buildings Department by email (enquiry@bd.gov.hk) or by phone on 2626 1616 (handled by the 1823 Call Centre). Further information about the MWCS can be found on the Buildings Department website (www.bd.gov.hk).

Ends/Tuesday, October 2, 2012
Issued at HKT 11:01

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