Source: Hong Kong Government special administrative region
LCQ20: Handling of cases of unauthorised building works
Question:
In recent years, the Government has indicated that it will step up efforts to combat unauthorised building works (UBWs). However, it is learnt that UBWs remain prevalent in the southwest New Territories (including Kwai Tsing and Tsuen Wan districts), with many cases involving serious structural or fire safety risks. There are views that if a large number of UBWs involving serious safety hazards are left unaddressed for a long time, they will not only pose threats to public safety, but also constitute major obstacles to the overall maintenance and management of the buildings. In this connection, will the Government inform this Council:
(1) of the respective numbers of cases among the UBW reports received and those identified through proactive inspections by the Buildings Department over the past three years, which were assessed as “posing safety risks” or “posing imminent danger to the public”, together with a breakdown by district and building age;
(2) whether the authorities have compiled statistics on (i) the number of buildings for which mandatory building inspections or maintenance works of the entire building have been delayed; and (ii) the number of cases in which an application for an extension to the time limit for a mandatory building inspection was required, due to serious UBWs in individual units;
(3) in respect of UBWs in the southwest New Territories over the past three years, of (i) the number of cases in which the authorities proactively intervened to carry out defaulted works (i.e. first removing UBWs and then recovering the costs of the works from the owners), and the average time taken from the issuance of a removal order to the actual commencement of removal works; (ii) the number of cases in which criminal prosecutions were instituted against owners who failed to comply with removal orders, the number of convictions and the average amount of fine imposed;
(4) whether the authorities have set a clear “mandatory removal deadline” for UBWs; whether they have compiled statistics on the number of “high-risk UBW” cases in the southwest New Territories for which removal orders have been issued but not complied with to date, as well as the average backlog time; and set out the details of the 10 cases that have taken the longest time to handle (from receipt of the removal order to completion of removal);
(5) regarding the long-standing and risky UBW cases, whether the authorities have assessed the removal progress for the coming three years; if so, of the details; if not, the reasons for that; and
(6) regarding UBW locations prone to danger during the rainy season and under extreme weather conditions (e.g. loose UBWs on external walls or those on slopes), whether the authorities have set up a priority monitoring list; whether it has assessed the effectiveness of the large-scale enforcement operations proactively conducted by the authorities over the past year (including the numbers of prosecutions and convictions)?
Reply:
President,
If an unauthorised building work (UBW) constitutes an obvious hazard or imminent danger to life or property, serious hygiene or environmental nuisance, the Buildings Department (BD) will accord priority to enforcement in accordance with the Buildings Ordinance (Cap. 123) (BO) by issuing a removal order to the owner and registering the order at the Land Registry (commonly known as “imposing an encumbrance”). If the owner fails to rectify the situation within the specified period without reasonable excuse, the BD will consider instigating prosecution against the owner concerned. In special circumstances (such as when the owner has passed away, is missing, or is an elderly and unable to arrange the demolition work by himself/herself), the BD will carry out the works on behalf of the owner in respect of removal orders that pose a higher risk or are outstanding for a long period of time. In addition, if an UBW becomes dangerous, the BD will also arrange emergency work to ensure public safety.
A reply to the various parts of the question is as follows:
(1) From 2023 to 2025, the number of UBWs, with breakdown by district and building age, identified by the BD as “higher-risk” (i.e. posing potential risk to structural or fire safety) through public reports received and proactive large-scale operations are set out in Annex 1.
(2) If building owners receive statutory notices served under the Mandatory Building Inspection Scheme, they must carry out the prescribed inspection and prescribed repairs for the building within the time limit specified in the statutory notice. A registered inspector must conduct an inspection of the entire building to identify and record all UBWs in the inspection report for submission to the BD. If it is found that such UBWs pose an obvious hazard or imminent danger to residents or the public, the BD must be notified immediately. If the prescribed inspection or prescribed repairs cannot be completed within the specified timeframe due to the need to handle the UBWs, building owners may submit a written application to the BD requesting an extension of time for completing the prescribed inspection or prescribed repairs. The BD will consider granting an extension on a case-by-case basis.
It is uncommon that the handling of UBWs would result in delay in carrying out the prescribed inspections and repairs under the Mandatory Building Inspection Scheme, but the BD does not maintain relevant statistics.
(3) From 2023 to 2025, the number of works carried out by the BD in default of owners in Kwai Tsing and Tsuen Wan Districts in respect of outstanding removal orders, the average duration of such works, as well as the number of prosecutions instigated, the number of convictions and the average fines are set out in Annex 2.
(4) Depending on the nature of the case, the BD generally grants the relevant owners a period of 60 to 180 days to comply with the removal order. If an owner encounters practical difficulties in complying with the order and needs to apply for an extension, the BD will consider whether to grant the extension based on the actual circumstances of each individual case. As of March 2026, in the southwestern New Territories, there were 129 removal orders issued against “higher-risk” UBWs that had not been complied with, of which 46.5 per cent had been overdue for three years or below. The average overdue period for other more complex cases exceeded three years, the majority of which involved prosecution. In quite some other cases, the owners faced practical difficulties requiring assistance, or UBWs involved property ownership issues or legal disputes.
According to the BD’s historical records, among the removal orders issued against “higher-risk” UBWs in the southwestern New Territories that have been complied with, the cases with the longest processing time took over 10 years. These cases involved special and complex circumstances, such as legal disputes, the passing away of the owner, the unit being vacant, or the owner only rectifying part of the irregularities, thus resulting in a longer period in complying with the removal orders. However, during this period, the BD conducted inspections from time to time to ensure that the UBWs did not pose an imminent danger. In the southwestern New Territories, approximately 2 600 removal orders issued against “higher-risk” UBWs have been complied with, and the average time required for compliance is 2.5 years.
(5) The BD issues approximately 7 000 to 10 000 removal orders every year. The number of unauthorised structures removed and irregularities rectified in existing buildings is about 20 000 every year (involving approximately more than 10 000 removal orders).
The BD has a dedicated special duties unit to follow up on non-compliant cases in order to expedite the clearance of outstanding removal orders. In recent years, there has been a downward trend in terms of the annual number of non-complied removal orders. The BD will continue to review and set targets for handling non-compliant removal orders annually. The BD will take appropriate follow-up actions, including initiating prosecutions and arranging default works, in order to expedite the handling and actively clear the backlog of non-complied removal orders.
The Development Bureau (DEVB) will amend the BO, including rationalising the policy for handling UBWs. On one hand, we will tackle “minor UBWs” in a pragmatic and facilitating manner; on the other hand, we will enhance the effectiveness of enforcement against “serious UBWs” by focusing enforcement resources through measures such as increasing penalties. The DEVB aims to introduce the bill into the Legislative Council for scrutiny in the second half of this year. The BD will adjust its enforcement policies regarding UBWs in accordance with the amended BO.
(6) Given the large number of cases, the BD adopts a pragmatic “risk-based” approach to determine enforcement priorities and selects target buildings for large-scale operations. Various factors will be taken into account, including reports and referrals received from the public and other relevant information. Priority is given to buildings with UBWs that constitute an obvious hazard or imminent danger to life or property. In addition, the BD will adjust enforcement priorities from time to time in light of actual circumstances. For example, the landslide at Redhill Peninsula after the series of torrential rains in 2023 revealed that UBWs in detached houses located on slopes would pose safety risks. In response, the BD, in collaboration with the Lands Department, inspected many detached houses situated on slopes and took enforcement action based on the findings of the investigation.
The number of removal orders issued, cases prosecuted and convictions resulting from large-scale operations conducted by the BD proactively between 2023 and 2025 are set out in Annex 3. These large-scale operations target buildings were selected on a risk-basis, enabling the BD to make effective use of limited resources to identify and prioritise the handling of “higher-risk” UBWs.
Issued at HKT 17:35
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