What is Designated Exempted Works?
introduced under the MWCS. They can be carried out without prior approval and consent from the BD nor following the simplified requirements of MWCS.
Common household renovation works, such as painting, internal plastering or wall-paper works, repair or replacement of internal branch pipe (other than embedded pipe) or sanitary fitment works
What is the 8 types of works under each class of MWCS?
Under each class, the works are generally categorised into 8 types:
A) Alteration & Addition Works (A&A works)
B) Repair Works
C) Signboards Related Works
D) Drainage Works
E) Structures for Amenities Related Works
F) Finishes Works
G) Demolition Works
H) Ventilation System inside a Building Related Works
What is the purpose of Minor Works Control System launched in 31.12.2010?
1) aims to facilitate building owners and occupants in carrying out small-scale building works safely and lawfully through simplified requirements.
2) Minor works (total 187 items, 58,68,61)are classified into three classes according to their nature, scale and complexity and the risk to safety they posed.
3) Under each class, there are total 8 types of works.
Name some Designated Exempted Works in MWCS = carried out w/o. approval and consent,
1) wall signboards, supporting frames for A/C/ light fitting, canopies, drying racks
2) external renderings/ wall tiles/ roof finishes, waterproofing on roof,
3) solid fence walls (<1.1mH)
4) metal gate (<100kg, <1.2mW one door leaf, 2.2mH)
5) GRP water tanks (<9m3, >1.5m between tank and edge)
6) Excavation works (<300mmD)
7) Floor opening (opening to opening >450mm, <150mm –same as reinstatement)
How BD control blgs (existing)?
1) Mandatory Building Inspection Scheme (MBIS)
2) Mandatory Window Inspection Scheme (MWIS)
3) Unauthorized Building Works (UBWs)
a) BD actively identifies and removes illegal structures in existing buildings, Rooftop additions, balconies or canopies, subdivided flats violating fire safety codes.
b) Issues Statutory Notices, Removal Orders
c) Failure to comply can lead to prosecution fines
d) BD remove UBW at owner cost
Mandatory Building Inspection Scheme (MBIS)
1) Applies to buildings aged 30+ years** (residential, commercial, or composite).
2) Owners must hire RI to inspect and submits an Inspection Report to the BD, identifying defects (e.g., concrete spalling, corroded steel, illegal structures).
3) Owners must complete repairs within a set timeframe.
4) Failure to comply can lead to prosecution fines
Mandatory Window Inspection Scheme (MWIS)
1) Applies to Windows in buildings aged 10+ years
2) Owners must hire a Qualified Person (QP) to inspect windows and repair defective ones (e.g., loose hinges, corroded frames).
3) Window Inspection Certificate must be displayed in the building.
4) Failure to comply can lead to prosecution fines
What is Unauthorized Building Works (UBWs)?
1) Any additions or alterations to buildings without the prior approval of the Buildings Department or not following the simplified procedures under the MWCS are regarded as UBWs or do not comply with the building standards laid down in the Buildings Ordinance and allied regulations.
2) In private premises, commonly known as TMB “Top Middle Bottom”
3) Potential problems created: structural or fire risks, health nuisance (obstruction to light and air), obstruct maintenance and repairs.
Household Minor Works Validation Scheme (OK beforeMWCS31.12. 2010)
1) Under MWCS, minor household installation constructed without the prior approval of plans before the implementation of MWCS
2) Exist or completed before the implementation of the Household Minor Works Validation Scheme on 31 December 2010.
3) air-conditioner supporting frames, drying racks and small canopies
Minor Amenity Feature Validation Scheme (OK before Sep2020)
1) Owner to appoint the PBP and/or PRC (i.e. Appointed Persons) to inspect, strengthen (if) and certify the structural safety of the unauthorised minor amenity features that are relatively small in scale, pose less potential risk and already existed before 1 September 2020.
2) All unauthorised works which commence after 1 September 2020 have to follow the law and will not be covered.
* Supporting frame for BSI/ vent duct/ radio base station
* Canopy/ metal gate/ fence/trellis
3) They are still UBW but BD will not take enforcement action against such validated building works unless they have become dangerous.
If owners ignore the statutory order issued against UBW?
1) BD will have the demolition work carried out by a Government contractor. They will then be billed for all costs plus a supervision charge and a surcharge.
2) Not complying with the Order is a criminal offence with a maximum penalty of one year’s imprisonment and a maximum fine of HK$200,000. For continuing offences, there is a further daily fine of HK$20,000.
3) The Order will be recorded in the Land Registry and, if the property is mortgaged, the financial institution concerned will be notified.
What is the duties for Prescribed Building Professionals?
1) Supervise the carrying out of minor works in accordance with the supervision plan
2) Supervise in the manner prescribed in the simplified requirements
3) Notify BA of any contravention, works not comply w/ regulation/ deviate from the plan approved by BA
4) Ensure FSI/ equip are provided and comply w CoP
5) Ensure the works not contravene any enactment/ plan approved by BA/ master layout plan approved by TPB
6) Comply generally w BO.
What should be aware when appoint Prescribed Building Professionals?
- 1or more PBP required to be appointed by the reg.
- Fail to appoint = commits an offence
- Unable to act = shall not be appoint
- Illness/ absence frm HK = act in his place
What is Prescribed Registered Contractor?
RGBC, RSC, RMWC, RMWC(W)
Name types of RMWC
1) RMWC (company)
2) RMWC (individual)
3) RMWC (window)
Who from RMWC can apply RMWC(win)?
1) RMWC (company) under Type A Minor Works
2) RMWC (individual) with window works experience
What are the updates for “Technical Guidelines on Minor Works Control System”?
(2024 Edition) only chinese
1) Consolidate legislative amendments in 2011-13, 20-21 and comments from Technical Committee for MWCS
2) Added more interpretation, recommended designs and details for PV panels/ manhole/ slab opening/ backfilling/ repair of curtain wall
3) Added signboards / minor amenity feature Validation Scheme
What is ‘Prescribed building professional’ in BO?
AP, RSE, RGE or RI
Name the three criteria for exempted building works
- The works shall not be carried out in contravention of any regulation
- not involving the structure
- The person who arranged for the works to be carried out should appoint a competent contractor.
- Adequate safety and precautionary measures should always be provided by the contractors
What is NTEH
NTEH are in general designed and built in compliance with the exemption criteria in respect of the height and roofed-over area, etc.stipulated in the BO(ATNT)O, which thus qualify them for exemption from certain provisions of the BO and its subsidiary regulations.
The exemption criteria for new housing include:
1) NOT more than 3 storeys
2) Height of NOT more than 8.23 m (about 27 feet)
3) Roofed-over area NOT exceeding 65.03 m2 (about 700 square feet)
signboard validation scheme 4/2011
need A&C for erection of signboard
BA issue removal order, owner to remove within a specified period, if not bill owner for all cost+srucharge and prosecution (fine and imprisonment)
If for abandoned blg, BA issue “Dangerous Structure Removal Notice” to owner
what is prescribed inspection under B(I&R) R
an examination / assessment of blg statisfies s4&5 of B(I&R)R
scope:
1) commmon part of blg
2) ext. wall of blg
3) projection (bal/ UP)
4) windows
standards
* to asecertain whether a blg is safe or become dangerous
* to identify any defect or deficiency of blg
* to make proposal for any prescribed repair
- BA approved plan, plans submitted under B(MW)R
- FS (commercial premises) O(cap502)
- FS(blg) O (cap572)
- prevalent standards at the time of construction of blg
Prescribed Repair under B(I&R) R
a repair/ testing of blg satisfy 7&8 of B(I&R)R
scope:
addresses all items identified as being defective / having deficiencies identified during inspection
standards:
- repair must be carried out to the effect tht ‘blg has been ‘rendered safe’ after repair.
- testing mentioned must be carried out to verify any finding made in a prescribed inspection and to prove tht blg is safe or has been refered safe
Schedule 1 in B(I&R)R
List of Items for Prescribed Inspection in respect of Common Parts (other than External Walls) of Buildings
1.Building structures including transfer structures, cantilevered structures and exposed pile caps.
2.FS provisions including—
(a)MOE
(b)MOA for fire fighting and rescue; and
(c)FRC.
3.Common drain pipes of aboveground and underground drainage systems, including any associated fixings.
4.Fixtures and installations including metal gates, fence walls, protective barriers, parapets, balustrades and skylights.
