Legal Liability & Penalty
As required by the MBIS and MWIS under the BO, only when building owners are served with a statutory notice for mandatory building or window inspection by the BD would they have the statutory obligation to arrange for a prescribed inspection and prescribed repair found necessary of their building or windows.
Any person who, without reasonable excuse, fails to comply with a statutory notice for mandatory inspections may be prosecuted and is liable on conviction to:
| Offence by Owners / OC | Fine / Imprisonment |
|---|---|
| Fail to comply with a statutory notice for Mandatory Building Inspection |
|
The BD may also arrange for the required inspection and repair works to be carried out by its consultant and contractor, and then recover the cost of inspection and repair works as well as supervision charge from the owners/OC, together with a surcharge of not exceeding 20% of the cost.
Contribution to the costs of building inspection and repair
If individual owner refuses to contribute to the costs of building inspection, or if the inspection and repair of a building cannot be carried out due to some uncooperative building owners, it is an offence. If a person, without reasonable excuse, refuses to contribute to the cost of inspection, investigation, works or other action in relation to the common parts of the building that is required to be carried out by the OC of the building for the purpose of complying with the statutory notice served by the BA, that person commits an offence.
Offenders are liable on conviction to a fine of HK$25,000.
It is an offence if a person/occupant, without reasonable excuse, obstructs or refuses to allow a person appointed or engaged by the OC access to any premises to carry out inspection or repair works as required under the statutory notice.
Offenders are liable on conviction to a fine at HK$10,000 and to imprisonment for 6 months.
Appeal
If Owners / Owner's Corporation wish to make a statutory appeal against the Building Authority's Notice to the Appeal Tribunal established under the BO, Owners / Owner’s Corporation may give notice of appeal pursuant to the relevant legal requirements.
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