We often contact different government departments when handling properties. When buyers do land searches, the Land Registry is the place to go. After leasing out properties, the landlords inform the Rating and Valuation Department.

The Buildings Department is another bureau from which we often obtain information related to properties, even after moving in. How much do you know about the Buildings Department? What roles are they playing in the sale and purchase process?

Let’s Spacious walk you through the bureau’s key functions and schemes , as well as how we can benefit from its services, such as recovering a long-lost floor plan!

Jump to:  Key Functions | Useful Reference | FAQ

Key Functions 

1. Execute the Mandatory Building Inspection Scheme (MBIS)

The bureau runs the MBIS, under which any private buildings aged 30 years or above will be subject to mandatory inspection. The department prioritises the order of investigation according to building conditions.

 In general, the following buildings have higher urgency:

• those without repair and maintenance for years
• those without any form of property management (e.g. management company, Owners’ Corporations, Owners’ Committee)
• those with old-styled, dangerous structures posing threats to pedestrians (e.g. old-styled cantilevered canopies and balconies)
• those located within clusters of old buildings

Every year, around 2,000 buildings are selected for the MBIS. Owners of the chosen  buildings will receive Notices of the MBIS, requiring them to proceed with inspections to be carried out by a registered inspector. 

If the inspector confirms that no repair works are needed, then the checkup procedures will come to an end. Otherwise, the owners will need to engage a registered renovation company to fix the issues until they are up to standard. Note that the owners may be subject to prosecution by the Buildings Department if the inspection work fails to meet the specified deadline.

2. Execute the Mandatory Window Inspection Scheme  (MWIS)

The Building Department is in charge of the MWIS. Generally speaking, any buildings on the MBIS list will also be subject to the MWIS scheme, along with other 3,800 buildings.

The building age criteria is stricter for the MWIS scheme than the MBIS.  Any buildings aged 10 years or above may be shortlisted. There is a deadline indicated in the inspection notice. Failing to comply may be subject to prosecution.

Find or sell properties on Spacious

3. Regulate unauthorised building works

The department also handles illegal structure issues. Removal orders will be issued to buildings with unauthorised works.

Unauthorised works can refer to any minor building works carried out in a dangerous and unlawful way, or non-minor ones without approval on alternation. The owners involved will need to fix those issues as described in the removal order prior to the deadline, or else they may be prosecuted.

Common illegal structures include rooftop extensions found in village houses; illegally subdivided flats; illegal lofts in retail stores; installation of doors obstructing the means of escape. If you are suspicious of any illegal structures of buildings, you can report to the Buildings Department.

Once unauthorised building works are confirmed, the owners should fix the issues by a registered contractor. You can check out the Buildings Department’s website for a complete list of eligible contractors.

4. Monitor alteration or addition works

When a landlord is planning to make any alteration or addition to his premise, he has to submit to the Building Department an application for approval and a revised building plan drafted by professionals. He can not start the work until the bureau approves it. Examples of alteration or addition works include:

• constructing a new extension, vertically or horizontally, to an existing building
• linking two or more floors by removing parts of the floor slab and/or adding internal staircases
• combining two or more units into one by removing the partition walls
• conversion of an existing building, including entire conversion of an existing industrial building
• installing cladding or curtain wall to the façade of an existing building
• adding water tanks, canopies, shelters, structural frames for advertisement signboards, air-conditioning plants, etc.
• modification of means of escape, means of access and barrier free access

Here are steps to take before handling alteration or addition works:

1. appoint an authorised person or registered structural engineer to follow up on the application for approval with the Buildings Department.
2. the eligible person will prepare and submit proposed plans for approval.
3. the Buildings Department will approve or disapprove the first submission within 60 calendar days.

5. Investigate Water Seepage

The Buildings Department joins hands with the Food and Environmental Hygiene Department to handle water seepage or leakage cases under the Offices for Investigation of Water Seepage Complaints. Water color or infrared tests are commonly be used for investigation. 

Find or sell properties on Spacious

Useful Reference

1. Occupation Permit (OP)

When it comes to buying uncompleted homes, buyers need to pay attention to the OP. It’s a certificate issued by the Buildings Department to every pre-sale residential project before buyers move in.

Just as any building modification works, the building plans for new developments also need to be submitted to and granted by the Buildings Department prior to commencement. Upon completion, the Buildings Department will examine if it is constructed in accordance with its approved plan and other specific requirements before issuance of an OP. The handover process will only proceed after the OP is obtained.

Most new homes in the market are pre-sale. Handover of units will be right after the OP approval. On the other hand, luxury homes are often put up for sale as completed flats. 

The OP serves as a good reference for property purchase. It records the restrictions on the use of the property when it’s built. Therefore, buyers can check if the current use is in breach of the requirement.  Anyone can purchase a copy of the OP document via ​​the Buildings Department’s BRAVO system.

Note that the same building (especially old ones) can be granted for several types of use. It’s not uncommon the use for an upper unit is different from the lower. There was one time a merchant bought a lower-level unit in a tong lau for his catering business, only to find out it was restricted for residential use.

2. Building Plans

Earlier we mentioned the unauthorised alteration or addition works of buildings. Buyers may suffer losses if they buy those flats. To ensure a property free of  unauthorised  structures, buyers can compare the property’s existing conditions with its building plans, the copy of which can be purchased from the Buildings Department’s BRAVO system.

Simply register a free account via the system, type in the flat’s address, and a list of building plans will appear. You can purchase any copies as appropriate. If you see that the current layout of a unit is not consistent with the last updated building plan, it may mean that the unit has unauthorised structures.

The Buildings Department provides a good source of reference to many property-related issues. The same goes for Spacious. We have a huge database of properties for rent and sale from all districts in Hong Kong. Start searching now.

Find or sell properties on Spacious

FAQ