Q10. If the building structure is unsafe, do the authorities and the Court have the power to decide what safety measures to implement and whether it must be demolished or not?

Q10. If the building structure is unsafe, do the authorities and the Court have the power to decide what safety measures to implement and whether it must be demolished or not?

In summary, if a building is dangerous enough, the Buildings Department and, in fire-risk cases, the District Court have the power to make binding safety decisions that owners must follow

The Buildings Department has power under section 26 of the Buildings Ordinance (Cap. 123) to issue statutory orders in relation to dangerous buildings. Section 26 provides that where a building has become dangerous, the Building Authority may issue orders requiring remedial action according to the circumstances, including repair and other measures. 

If the owner fails to comply with the relevant order/notice, the Buildings Department may arrange for a government contractor to carry out the required inspection, investigation, repair or removal works on behalf of the owner.  In the event of an emergency, the Buildings Department may arrange to carry out the required works without notifying the owner. Upon completion of the works, the Buildings Department may recover the cost of the works and supervision charges and impose a surcharge not exceeding 20% of the total cost from the owner in accordance with section 33 of the Building Ordinance (Cap. 123).

In more serious cases, the Buildings Department may issue demolition orders. Normally, it will consider the expert’s recommendation and report (such as the results of concrete samples and on-site investigation findings, detailed analysis, and structural assessment) before deciding whether demolition is required for safety reasons. That means that if the structure is truly unsafe, the authorities will consider engineering evidence, structural stability, risk to the public, access and escape conditions, and whether repair is sufficient or demolition is necessary.

The court may make a closure order under section 27 of the Buildings Ordinance (Cap. 123) on the Building Authority’s application where he is of the opinion that any building is dangerous or liable to become dangerous; or any building should be closed in order to enable any works, which he is empowered to carry out or cause to be carried out under this Part, to be carried out without danger to the occupiers or to the public.

There is also a separate fire-safety route. The Fire Safety (Buildings) Ordinance (Cap. 572) allows the District Court to make a prohibition order under section 7 where statutory fire safety requirements have not been complied with, and if the remaining structure or scaffolding presents a substantial fire risk, the District Court can issue such an order, effectively closing the building or particular blocks to occupation. 

Under section 19D of the Fire Safety (Buildings) Ordinance (Cap. 572), the enforcement authority may enter the premises and carry out necessary fire safety improvement works directly.