Control on Existing Buildings – Property Management

Control on
Existing Buildings

Property Management

1. Mandatory Inspection Scheme

2. Fire Safety

3. Unauthorized Building Works

4. Minor Works

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Control on Existing Buildings – Property Management

1. MBIW and MWIS

45J Ma Tau Wai Road

(29 January 2010)
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Control on Existing Buildings – Property Management

Building neglect has been a long-standing problem

in Hong Kong. The presence of aging buildings and
windows in lack of proper care and maintenance

1. MBIS and MWIS

poses potential threats to residents and the public
(e.g. falling of spalled concrete/unauthorized
building works/broken window).

"Prevention is better than cure". If owners can

regularly inspect their buildings and windows,
identify problems at an early stage and carry out
remedial works timely, accidents can be avoided.

The full implementation of the Mandatory Building Inspection

Scheme (MBIS) and Mandatory Window Inspection Scheme
(MWIS) was commenced on 30 June 2012.
1. MBIS and MWIS

Under s.30B of the BO for MBIS and s.30C of the BO for MWIS,
the Building Authority (BA) is empowered to issue statutory
notices to owners as necessary requiring them to carry out
prescribed inspections and prescribed repairs of their buildings
and windows every 10 years and 5 years respectively.

1. Cap 123P Building (Inspection & Repair) Regulation (B(I&R)R)

2. Code of Practice for the Mandatory Building Inspection
Scheme (MBIS) and the Mandatory Window Inspection
Scheme (MWIS) 2012
3. General Guidelines on Mandatory Building Inspection
Scheme and Mandatory Window Inspection Scheme
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Control on Existing Buildings – Property Management

Under s.30D of the BO for the MBIS, owners of buildings aged

30 years or above (except domestic buildings not exceeding 3
storeys) are required to appoint an Registered Inspector (RI) to

1. MBIS and MWIS

carry out the prescribed inspection and supervise the
prescribed repair works found necessary of the common parts,
external walls and projections or signboards of the buildings
once every 10 years.

Under s.30E of the BO for the MWIS, owners of buildings aged

10 years or above (except domestic buildings not exceeding 3
storeys) are required to appoint a Qualified Person (QP) to
carry out the prescribed inspection and supervise the
prescribed repair works found necessary of all windows of the
buildings once every 5 years.

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Control on Existing Buildings – Property Management

2. Fire Safety
Garley Building
( 20 November 1996)

From the 2012 Year-end Review of the Fire Services

Department, there were a total of 37,638 fire calls, 14
persons lost their lives in fire incidents; 309 were injured
and 6,002 rescued. Some of the fires may be caused by
2. Fire Safety

carelessness or negligence which are the major

contributory factors to fire incidents.

Fire risk is particularly high in densely high-rise buildings.

Fire precautions and protections should be taken to
minimize the risk of fire outbreaks that may lead to
tragic losses of lives and costly damage to properties.

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Control on Existing Buildings – Property Management

The Commercial Premises (i.e. prescribed commercial premises

and specified commercial buildings) are governed by the Fire
Safety (Commercial Premises) Ordinance FS(CP)O, Cap 502

2. Fire Safety
The enforcement authorities include the Buildings Department
(BD) & the Fire Services Department (FSD). Under s.5 of
FS(CP)O), the BD and FSD may issue the Fire Safety Direction to
building owner. If default, BD and FSD would apply to issue: -

1. Fire Safety Compliance Order (s.6 of the FS(CP)O)

2. Use Restriction Order (commercial premises only) (s.7 of
the FS(CP)O)
3. Prohibition Order (s.7A of the FS(CP)O)

The Composite or Domestic Buildings are governed by Fire

Safety (Buildings) Ordinance, Cap 572

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Under schedule 2 of the FS(CP)O, the owners are required to

comply with the provisions of fire service installations and
equipment include automatic sprinkler system, emergency
lighting, fire hydrant and hose reel system, manual fire alarms,
2. Fire Safety

portable fire extinguishers (through a Registered Fire Services

Installation Contractor) as required by the Fire Services
Department.

Under schedule 2 of the FS(CP)O, the owners are required to

comply with the provisions of construction requirements
include means of escape means of access for fire fighting and
rescue, fire resisting construction (an Authorized Person may
be required to advise and supervise the carrying out of the
works) as required by the Buildings Department.

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Control on Existing Buildings – Property Management

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Albert House
(1 August 1994)
3. UBWs

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Control on Existing Buildings – Property Management

In general, Unauthorized Building Works (UBWs) are:

1. Building works outside a building and additions &
alterations inside a building involving the structure of
the building, carried out without the prior approval

3. UBWs
and consent of the Building Authority; or
2. Small-scale building works that are designated as
minor works carried out without complying with the
simplified requirements of the Minor Works Control
System under the Buildings Ordinance; or
3. Addition and alteration works carried out inside a
building not involving the structure of the building
but do not comply with the building standards laid
down for building works in the Building Regulations.

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1. Cap 123 Buildings Ordinance

2. Approval and Consent Required for Commencement
of Building Works (s.14)
3. Removal Order (s.24)
3. UBWs

4. Priority Demolition (s.24B)

As there are thousands of UBWs and the resources are

limited, the UBWs are classified into high and low
categories to act or to defer under s.24B of the Buildings
Ordinance for Priority Demolition.

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Control on Existing Buildings – Property Management

1) the building/building works constitute an imminent

danger to life or property;
2) the building has been erected or the building works
have been or are being carried out with a view to

3. UBWs
sale, letting or other disposal;
3) the building is situated or the building works have
been or are being carried out in a common part of
any building or land in multiple ownership and the
existence of the building or building works is
seriously detrimental to the amenities of the
neighbourhood; or
4) the building/building works constitute a public
nuisance.

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Control on Existing Buildings – Property Management

Under the BO, the carrying out of large-scale building works or

works of a very simple nature (such as the erection of drying
racks on the external walls) are governed by the same set of
controls, including the requirements to obtain prior approval
and consent from the Building Authority before commencement

4. Minor Works
of works and to appoint Authorized Persons to design and
supervise the works as well as registered contractors to carry
out the works.
The requirements of the above system are too stringent for
minor works which are of a smaller scale and pose a lower level
of risk. This not only creates difficulties on control and
enforcement, but also results in many UBWs.
Thus, the Government has implemented the Minor Works
Control System (MWCS) in facilitating members of the public to
carry out minor works in private buildings lawfully through
simplified procedures and thereby improve the building safety.

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The Minor Works Control System (MWCS) has been fully

implemented since 31 December 2010 to facilitate the public
to carry out minor works in private buildings lawfully through
simplified procedures (i.e. under s.14AA of the BO, no need to
4. Minor Works

obtain the prior approval of building plans & consent for

commencement of building works from the BA).

In order not to violate the legal requirements of the new

system, any member of the public intending to carry out minor
works should employ prescribed building professionals (PBP)
and/or prescribed registered contractors (PRC) to do so.

1. Cap 123N Building (Minor Works) Regulation

2. Cap 123O Building (Minor Works) (Fees) Regulation
3. General Guidelines on Minor Works Control System
4. Technical Guidelines on Minor Works Control System
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Control on Existing Buildings – Property Management

A total of 126 items of building works have been included as minor

works subject to the control under the MWCS. The size, location and
respective criteria of each item of minor works are set out in Cap
123N B(MW)R. These minor works are classified into 3 classes
according to their scale, complexity and risk to safety:

4. Minor Works
1. Class I (total of 44 items) includes mainly those relatively more
complicated minor works, they require higher technical expertise
and more stringent supervision (appointment of Authorised
Person is required) e.g. erection of internal staircase between
two floors.
2. Class II (total of 40 items) comprises those of a comparatively
lower complexity and risk to safety e.g. repair of external wall
3. Class III (total of 42 items) comprises those of a small-scale &
common in household e.g. erection of supporting frame for air-
conditioners

**Simplified Requirements for the Carrying Out of Minor Works (at

least 7 days notification before commencement for Class I & Class II)
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The ultimate aim of statutory control on existing

buildings is to encourage more and more building
owners to maintain their buildings properly and
regularly.

In so doing, building safety will be enhanced and

the quality of life for people will be improved. As
a result, a win-win situation would be beneficial
to the building owners and the society.

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Control on Existing Buildings – Property Management

1. HKSAR Government. Buildings Ordinance, Chapter 123, HKSAR Government Printer

2. HKSAR Government. 2002. Building Maintenance Guidebook. Buildings Department, Hong
Kong
3. HKSAR Government. 2010. General Guidelines on Minor Works Control System. Buildings
Department, Hong Kong
4. HKSAR Government. 2010. Technical Guidelines on Minor Works Control System. Buildings
Department, Hong Kong
5. HKSAR Government. 2011. Code of Practice for the Mandatory Building Inspection Scheme
(MBIS) and the Mandatory Window Inspection Scheme (MWIS) 2012. Buildings Department,
Hong Kong
6. HKSAR Government. 2012. General Guidelines on Mandatory Building Inspection Scheme
and the Mandatory Window Inspection Scheme. Buildings Department, Hong Kong
7. HKSAR Government. Building (Inspection & Repair) Regulations, Chapter 123P, HKSAR
Government Printer
8. HKSAR Government. Building (Minor Works) Regulation, Chapter 123N, HKSAR Government
Printer
9. HKSAR Government. Fire Safety (Buildings) Ordinance, Chapter 572, HKSAR Government
Printer
10. HKSAR Government. Fire Safety (Commercial Premises) Ordinance, Chapter 502, HKSAR
Government Printer
11. Website of the Buildings Department, http://www.bd.gov.hk/english/index_e.html
12. Website of the Fire Services Department, http://www.hkfsd.gov.hk/home/eng/index.html
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