A Hong Kong property owner has been penalized with a cumulative fine exceeding HK$800,000 after being convicted of failing to comply with multiple statutory removal orders related to extensive unauthorized building work. The judgment, handed down by the Fanling Magistrates’ Courts, underscores the territorial government’s stringent approach toward breaches of the Buildings Ordinance and its commitment to ensuring public safety.
Unauthorized Structures Lead to Steep Penalties
The conviction stems from an enforcement action initiated by the Buildings Department (BD) against the owner of a property located on D.D. 52 in Fu Tei Au of the North District. The sprawling unauthorized structures collectively covered an astounding area of approximately 6,000 square meters, spanning 13 distinct sections of the lot.
Because the construction work lacked the prerequisite approval from the BD and the Lands Department had declined to issue a certificate of exemption, the property owner was served with 13 separate removal orders under section 24(1) of the Buildings Ordinance (Cap. 123). Failure to adhere to these orders resulted in the recent significant financial penalty.
The total fine reached HK$806,000. Notably, a substantial portion of this penalty, HK$182,000, was specifically assessed to address the ongoing continuation of the offense, highlighting the increased cost for delayed compliance.
BD Urges Swift Compliance for Safety
For Hong Kong’s robust, high-density environment, enforcing building safety regulations is paramount. The BD views non-compliance with removal orders not merely as an administrative oversight but as a serious risk to public safety and structural integrity.
A spokesperson for the Buildings Department reiterated the government’s resolve, stating that the BD will continue to pursue rigorous enforcement—including legal prosecution—to deter unauthorized construction. Property owners are strongly cautioned against ignoring official directives. Unauthorised building works (UBWs) can obscure fire escape routes, overload structural supports, or introduce electrical hazards, posing demonstrable dangers to occupants and the surrounding community.
Understanding the Consequences of Non-Compliance
The Buildings Ordinance outlines severe financial and custodial consequences for owners who neglect removal orders without a justifiable rationale.
The maximum penalty for a basic non-compliance conviction includes a fine of HK$200,000 and the possibility of one year in prison. However, the costs rapidly escalate when the violation persists. For every day the unauthorized structure remains, the offense is considered ‘continuing,’ attracting an additional daily fine that can reach HK$20,000. This mechanism ensures that enforcement drives prompt mitigation rather than protracted litigation.
This verdict serves as a powerful reminder to all property holders in Hong Kong: proactive compliance is the only viable course of action once a statutory order is issued.
Actionable Steps for Property Owners
- Review Documentation: Ensure all structural additions or alterations on your property have received formal approval from the Buildings Department.
- Respond Promptly: If served with a removal order, contact the BD immediately to understand the scope of work required and establish a timeline for compliance.
- Seek Advice: Engage qualified professionals (Authorized Persons or registered structural engineers) to manage the removal or regularization process efficiently and legally.
The Buildings Department emphasizes that owners are legally responsible for structures on their property, and swift action following an enforcement order avoids compounding fines and potential imprisonment.