Minor works contractor fined for carrying out minor works belonging to class for which he is not registered
A class II minor works contractor was fined $8,000 at Tuen Mun Magistrates' Courts on May 8 this year for carrying out minor works belonging to a class for which he is not registered, contravening section 40(2E) of the Buildings Ordinance (Cap 123). This is the first prosecution and conviction of a minor works contractor carrying out minor works belonging to a class for which he is not registered.
The minor works contractor concerned submitted the completion forms and certificates to the Buildings Department under the simplified requirements in February 2014 for laying solid screeding in a premises. Audit inspection conducted by staff of the Buildings Department in March 2014 revealed that the minor works concerned belonged to class I minor works and required the appointment of prescribed building professionals. As the minor works contractor had carried out minor works belonging to a class for which he was not registered, the Buildings Department thus instigated prosecution. The minor works contractor was convicted on March 20 this year and was fined $8,000 on May 8 in Tuen Mun Magistrates' Courts.
The minor works control regime aims to enable building owners and users to carry out small-scale building works in private premises safely under simplified requirements. However, minor works contractors should not carry out any minor works for which they are not registered. If they are requested by their clients to carry out works beyond class, type or item, they should explain the situation to their clients and refer their requests to other prescribed building professionals if necessary. The Buildings Department will continue to conduct audit checks in order to ensure works quality and building safety, a spokesman for the department stressed.
Pursuant to section 40(2E) of the Buildings Ordinance, it is an offence for any minor works contractor to carry out minor works belonging to a class, type or item for which he is not registered. The maximum penalty upon conviction is six months' imprisonment and a fine of $100,000, as well as a further fine of $5,000 for each day that the offence continues.
Ends/Monday, June 1, 2015