CIVL6060

Maintenance Schemes for Private Buildings in Hong Kong

(Part 1)

History of Private Building Development

 Pre-war Period: “Tenement” type buildings of 2-3 storeys. Tiled roof and timber floors
supported by timber joists which rest on load-bearing brick or masonry walls
 Early Post-war Period (1950’s): rc buildings of 4-6 storeys high. They tend to group in
pairs sharing a common single staircase
 Beginning the High-rise Era (1960’s – 1970’s): Higher rc framed buildings ranging from
12-20 storeys served by at least 2 staircases and elevators became more common
 New Town and Large-scale Development Era (mid- 70’s till now): New Town schemes
and large-scale MTRC developments began in mid-70’s which led to estate-type
residential developments. It started the modern building era of multi-storey buildings
with new construction technique and higher strength concrete

Distribution of Building Population

According to statistics in 1997

 Approximately 39,000 private buildings
 1/3 > 30 years old, about 13,000 (built in 70’s and before)
 Expect to increase to 22,000 in about ten years’ time (built in 80’s and before)
 Over 4,000 buildings > 50 years old
 11,000 buildings without owners’ corporations and are not serviced by management
firms

Major Safety Problems of Existing Buildings

 Complaints about dangerous buildings and unauthorized buildings works > 20,000 per
year
 Falling objects from building façade endangering public safety
 Fire and fatal accidents

Past Accidents

 Collapsed Building, 58 Bonham Strand West, 8.10.1990

 Collapsed Canopy, To Kwa Wan, 26.10.1990
 Collapsed Canopy, Aberdeen, 1.8.1994
 Fire in Garley Building, 1996
 Collapsed balcony, 1P, Ma Po Road 19.7.1997
 Fire in 687-689 Nathan Road, 10.8.2008
 Collapsed Building, 45J Ma Tau Wai Road, 29.1.2010

Deserted Buildings

 Shui Tau Village, Kam Tin

 Angkor Wat, Cambodia

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Consultancy Study on 1946-1958 Buildings

 Study covering some 4,300 buildings

 Buildings suffer extensive structural defects from natural deterioration of materials
 About 4% pose potential dangerous situation
 Conclusion:
 Lack of proper maintenance
 Inherent defects
 Improper use
 Environmental factors

Conventional Approach to handle Old Buildings

 Reported complaints
 BD inspect and issue orders if necessary
 Repair or demolition order under BOs26
 Investigation order under BOs26A
 Order default
 BD will carry out the repair work at owner’s cost plus supervision charge
 BD may prosecute owner or owners’ corporation
 Passive punitive and unilateral
 Time and labour consuming
 Ineffective with increasing number of old buildings

Statutory Inspection Scheme Proposals

Annual certification scheme

1986
Certification on transfer of title scheme
Proposed Mandatory BSIS 1997
Consultation on Mandatory Building Inspection 2005

Building Safety Inspection Scheme (BSIS)

 Preventive maintenance scheme

 Regular systematic inspection to prevent danger from arising
 Timely warning for repair
 Timely repair to raise safety level of buildings to certain safety assurance standard
 Building safety assured until next cycle of inspection
 Building safety assurance scheme

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Safety Assurance Principle

Proactive Approach

 Building Safety Assurance Scheme

 To ensure building safety through preventive measures
 Building owners to provide regular inspections and repair for their buildings
 Benefits
 Stop potential hazards turning into catastrophic
 Buildings with longer serviceable life
 A safe built environment for society
 Higher property value for individual owners
 Avoid urban decay and reduce need for large scale urban renewal

Voluntary BSIS 1997

 Introduced in April 1997

 Targeted for buildings under 20 years of age
 Building owners engage professionals to inspect their buildings and to carry out repair if
necessary
 3 major areas of concern
 Integrity of external finishes
 Structural integrity
 Fire safety
 2 levels of inspection
 General appraisal
 Detailed investigation (in case of serious structural instability or health hazard; or
unascertained extent or cause only)
 Technical guidelines for inspection, assessment & repair

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Proposed Mandatory BSIS 1997

 Apply to all private buildings > 20 years old

 Inspection cycle
 Industrial buildings and godowns : 5 years
 Domestic and composite buildings : 7 years
 Non-domestic buildings : 10 years

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 BA issue statutory inspection orders to building owners who shall appoint AP/RSE to
discharge orders
 2 levels of inspection
 General appraisal
 Detailed investigation (in case of serious structural instability or health hazard; or
unascertained extent or cause only)
 Implement by phases with about 3,000 buildings/year

Role of the Building Authority

 Declare buildings to be subject to mandatory inspection

 Serve and enforce inspection orders
 Impose penalties for non-compliance
 Make regulations or implementation and inspection standards
 Carry out inspection and essential repair in default of owner and to recover costs and
supervision charges
 Issue Letters of Satisfaction

Benefits for Owners

 Safe and clean living environment

 Preservation and restoration of property value
 Prolonged useful life of property
 Long-term cost savings based on preventive maintenance
 Predictable and regular contributions rather than large ad-hoc bills

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Benefits for Community

 Improved quality of living environment

 More attractive cityscape
 Reduced social and economic costs from building dilapidation and urban decay

Sources of Views

 BD attended 14 District Board meetings

 13 consultation forums/seminars by political parties and focus groups
 16 district seminars organized by HAD
 172 written submissions from public
 Director of Buildings attended the Provisional Legislative Council on Planning, Lands
and Works

Major Concerns

 Spirit of the Scheme

 Maintenance responsibility
 Building management issues
 Financial implication
 Target building age
 Inspection cycle
 Unauthorized Building Works
 Manpower resources
 Performance standard and quality control
 Co-ordination among Government departments

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Provisional Legislative Council motion debate on 12 Nov 1997

“In view of the fact that a large number of private property owners will be affected by the
Mandatory Building Safety Inspection Scheme to be implemented by the Buildings
Department, this Council urges the Government to undertake the responsibility for the
inspection of buildings, and to establish a building maintenance fund to provide assistance to
building owners having difficulty meeting the repair costs; furthermore, the implementation
of the Scheme should first be targeted at the oldest or the most dangerous buildings.”

Building Safety Loan Scheme

 Implemented in August 1998

 To encourage building owners to carry out maintenance and repair works voluntarily or
in compliance with statutory orders
 To provide financial assistance to owners in carrying out repair works to improve safety
condition of their buildings
 Max. amount of loan for each unit should not exceed HK$1,000,000

Scope of Works under Loan Scheme

 Repair of structural defects and building external walls

 Improvement of fire safety of building
 Upgrading works on fire, lift and electrical installations
 Removal of Unauthorized Building Works
 Regular maintenance of slope works

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Category of Loans

 Interest-bearing loans
 No means-test required
 Charged at no-gain-no-loss principle (2% to 3% below best lending rate which is
reviewed every month)
 Interest free loans
 Receipt of Comprehensive Social Security Assistance or Normal Old Age
Allowance
 Earning income and possessing assets within limits set for low income

Co-ordinated Maintenance of Buildings Scheme (CMBS)

 To assist building owners and OC in pursuing a comprehensive building management

and maintenance programme
 Co-ordinated action of 7 Government departments
 Buildings Department
 Home Affairs Department
 Fire Services Department
 Electrical and Mechanical Services Dept
 Food and Environmental Hygiene Dept
 Water Supplies Department
 Environmental Protection Department

Target Buildings for CMBS

 Launched on a pilot basis since November 2000

 Signs of dilapidation in common areas
 Large number of Unauthorized Building Works on external walls
 No. of target buildings
 150 in 2000
 200 in 2001
 200 in 2002

Government’s Role

 Conducting a survey
 Determining scope of improvement work
 Meeting with building owners and OC
 Assisting owners to apply for loans under BSLS
 Advising owners and OC on management matters
 Joint enforcement action

Owners’ Role

 Appoint an Authorized Person to

 Manage and co-ordinate
 Arrange tendering from Registered General Building Contractors
 Supervise work

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 Ensure compliance

Building Management Ordinance

 Responsibility for keeping a building in good repair and safe condition rests with
building owners or OC
 Code of Practice on Building Management and Maintenance issued by Home Affairs
Department

District Building Management Liaison Team

 Assist owners in formation of OCs

 Offering advice on daily operation of OCs
 Advise owners/OCs on matters concerning building management and maintenance
 Providing assistance in activities on building safety improvement required by other
Government departments

Fire Safety Committees

 Set up in all districts since March 1998 with assistance of District Offices
 Enhance public awareness of fire safety in multi-storey buildings
 Organize various publicity and education campaigns including fire drills, fire prevention
talks and visits to fire stations

Education and Publicity Campaigns

 Organized by HAD and its District Offices from time to time

 To promote effective building management in the form of training courses, seminars,
talks, workshops and roving exhibitions

Urban Renewal Authority

 Set up in May 2001 to take over the former Land Development Corporation
 To undertake redevelopment of dilapidated buildings, rehabilitation of buildings to
improve built environment and preservation of historical buildings
 13 redevelopment projects launched by December 2003

Resources invested in 2002-03

 BD spent $44 million on CMBS covering the 550 target buildings

 HAD spent $94 million on promoting building management
 URA used $862 million on acquisition and related works

Public Consultation on Building Management and Maintenance (from Dec 2003 to April
2004)

Options for Consultation

 To maintain the conventional approach, thus relying on voluntary actions by owners in
proper building upkeep and statutory enforcement by Government to safeguard building
safety

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 To mandate owner of buildings over a certain age to conduct periodic inspections and
carry out rectification, i.e. mandatory BSIS
 To make building maintenance an integral part of on-going building management, i.e.
integrating building management and maintenance which enables continuous care for
buildings

Integrating Management with Maintenance

Support Measures
 Institute some mandatory form of management for buildings in multiple ownership
 Facilitate recovery of contributions to management and maintenance from owners
 Promote recognition of high standard of management and maintenance through
voluntary building classification system
 Provide financial help for genuinely needy
 Encourage an all-around building management and maintenance industry by pulling
together all related professionals and providing one-stop-service to day to day
management and regular inspection and maintenance

Building Management Resource Centres

 Provide advice, information and support services to public on building management

 Line up professional bodies (i.e. engineers, lawyers, etc.) which provide free consultation
services to public at the centre
 4 centres in Yaumatei, Central, Tsuen Wan and Shatin

Consensus

 Owners have responsibility to properly upkeep their buildings and bear the necessary
financial commitment
 General public support for mandatory building inspection as a practicable and effective
long-term solution to improve the deteriorating building stock

Public Consultation on Mandatory Building Inspection – October 2005

 Propose a mandatory building inspection scheme (MBIS) as a long-term preventive

approach
 Propose mandatory measures to enhance window safety

Proposed MBIS

 Owners of private buildings aged 30 years of above are required to engage qualified
inspectors (i.e. APs or RSEs) to inspect their buildings and undertake the necessary
repair works as specified by the inspectors
 Inspections to be done once every seven years, counting from date when owners were
notified of last round of inspection
 Inspection items to mainly cover those in the common areas like structural elements,
drainage, building fire safety elements, external walls and UBW posing imminent danger
 Owners of properly managed and maintained buildings may apply for exemption

Mandatory Measures to enhance Window Safety

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 One-off Inspection
 Owners of all private buildings aged 5 years or above would be required to engage
qualified persons to conduct a one-off inspection and necessary rectification works
on all windows. Owners are encouraged to maintain windows regularly on a
voluntary basis thereafter
 Regular Inspection
 Owners of all private buildings aged 5 years of above to engage qualified persons to
inspect and repair their windows once every 3 years and to submit reports to BD

Roles of Owners

 Engage inspectors to inspect their buildings

 Undertake necessary rectification works as specified by the inspector

Roles of Inspectors

 Inspect and submit inspection reports to owners and specify rectification works
 Supervise and certify completion of rectification works in accordance with the law

Roles of Buildings Department

 Notify owners to inspect their buildings within a specified time frame

 Set standards for inspection and rectification works
 Conduct random audit check on inspection reports
 Enforce against non-compliance

Support Measures

 Government to introduce measures to ensure quality and standard of service providers

 Government to consider feasibility of improving existing mechanism to resolve disputes
related to building management and maintenance matters; and of establishing a simple
alternative dispute resolution mechanism
 HK Housing Society and URA to provide enhanced financial and technical assistance to
owners in need
 To consider introduction of a Voluntary Building Classification Scheme, to be run by
non-government agency, to give positive recognition to well-managed and
well-maintained buildings

Report on Public Consultation on MBIS – May 2007

 Re-affirmed the community’s support for introducing a mandatory building inspection

scheme
 The community also supported that building owners should be required to inspect and
repair windows regularly

Refinement on Proposed Schemes

 Extend the cycle for mandatory building inspection from 7 years to 10 years

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 Adjust the age of buildings to be subject to mandatory window inspection from 5 years
or above to 10 years and the inspection cycle from 3 years to 5 years
 Solicit the support of HKHS to subsidize eligible owners on cost of first mandatory
inspection
 Allow more qualified service providers to enhance owner’s choice

MBIS and MWIS

 Buildings (Amendment) Ordinance 2001 in June 2011
 Building (Inspection and Repair) Regulation in Dec 2011
 Legislation empowers BA to issue statutory notices to owners to carry out prescribed
inspections and repairs of their buildings and windows
 Matters relating to appointment, control and duties of Registered Inspectors (RI) and
Qualified Persons (QP)
 Procedural requirements for such inspections and repair
 Registration for RI commenced on 30 Dec 2011
 Full implementation commenced on June 2012

Requirements under MBIS/MWIS

 Buildings aged 30 years or above are required to appoint an RI to carry out the
prescribed inspection and supervise the necessary repair works of the common parts,
external walls and projections or signboards of the buildings once every 10 years
 Owners of buildings aged 10 years or above are required to appoint a QP to carry out
prescribed inspection and supervise necessary repair works of all windows of the
buildings once every 5 years

Selection of Target Buildings

 2,000 buildings will be selected for both MBIS and MWIS to be carried out concurrently
each year
 Extra 3,800 buildings selected for MWIS only
 Target buildings would represent a mix of buildings in different conditions and age
profiles in various districts
 A selection panel comprising representatives from professional institutions, relevant
non-government organizations, property management professionals, District Councils
and relevant Govn’t departments is established to render advice to BD for the selection

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Measures introduced by Government and Agents since 1997

1997 BD Voluntary Building Safety Inspection Scheme

1998 BD Building Safety Loan Scheme
2000 BD Co-ordinated Maintenance of Buildings Scheme
2000 HAD Code of Practice on Building Management and Maintenance
2005 HAD Amendments to Building Management Ordinance to assist OCs in
performing their duties, rationalize appointment procedures of
management committees & safeguard interests of property owners
2005 HAD Setting up Building Management Resource Centres
2005 HKHS Building Management and Maintenance Scheme to provide one-stop
assistance to owners
2005 URA Extends its building rehabilitation schemes to cover building age 20 years
and above, and assist OCs to procure third party insurance
2012 BD Mandatory Building / Window Inspection Scheme

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