A property owner in Hong Kong has faced significant financial penalties after failing to comply with a statutory removal order concerning unauthorized building works, underscoring the government’s firm stance on structural safety regulations. The owner was recently ordered to pay HK$78,300 at Sha Tin Magistrates’ Courts, with the majority of the fine attributed to the prolonged duration of the violation.
Enforcement of Building Safety Standards
The prosecution focused on an industrial building located on Wo Heung Street in Sha Tin, where an unauthorized metal framework had been affixed to the exterior wall. This structural modification was undertaken without the necessary approvals mandated by the Buildings Ordinance. Consequently, the Buildings Department issued a formal removal order instructing the owner to dismantle the unapproved structure.
When the property owner failed to adhere to the mandated timeline for removal, the Buildings Department escalated the matter, initiating criminal prosecution proceedings. Of the total penalty levied by the court on Tuesday, HK$72,300 was specifically assessed for the time elapsed between the deadline for compliance and the final court ruling, highlighting the cost of delaying required repairs.
Understanding the Risks of Unauthorized Works
Authorities stress that unauthorized building works (UBWs) are not merely bureaucratic issues; they pose substantial public safety risks. These unapproved structures can compromise the integrity of buildings, obstruct emergency access, and lead to potentially catastrophic failures, especially in densely populated urban environments like Hong Kong.
A spokesperson for the Buildings Department reiterated the gravity with which regulatory bodies treat such violations. “Continued failure to adhere to statutory removal orders constitutes a criminal offense under the Buildings Ordinance,” the spokesperson stated.
The department’s consistent enforcement actions serve as a critical mechanism for ensuring that public and structural safety standards are maintained across the territory. They emphasize that property owners bear the ultimate responsibility for ensuring their premises comply with all relevant legal requirements.
Severe Penalties for Non-Compliance
The legal framework imposes severe maximum penalties for non-compliance with removal orders to deter negligence and ensure prompt action. Upon conviction, offenders can face fines up to HK$200,000 and imprisonment for up to one year.
Furthermore, the law includes provisions for escalating penalties for persistent offenders. If the unauthorized works remain in place following a conviction, the owner is subject to additional daily fines of up to HK$20,000 until the building works are rectified.
For property owners, the case serves as a crucial reminder: addressing statutory removal orders immediately is the most prudent course of action. Delay not only risks significant legal and financial consequences but also compromises the safety of occupants and the public.
Property owners who receive a removal order should seek immediate professional advice from Authorized Persons or registered specialists to plan and execute the necessary corrective works promptly. The Buildings Department confirms its commitment to rigorous and continuous enforcement efforts against all unauthorized construction activities going forward.