Contents of Section

Chapter:

123 PDFTitle:Buildings OrdinanceGazette Number:E.R. 2 of 2012
Section:30CHeading:Obligation on owners to carry out prescribed inspection and prescribed repair in respect of windowsVersion Date:02/08/2012

(1) This section applies to any building aged 10 years or above.
(2) The age of a building mentioned in subsection (1) is to be determined by the Building Authority¡X

    (a) if an occupation permit in respect of the building is issued by the Building Authority under section 21(2), according to the date the occupation permit is issued; and
    (b) in any other case, according to the evidence available to the Building Authority.
(3) Subject to subsection (4), the Building Authority may by notice in writing served on any owner of a building require a prescribed inspection and, if necessary, prescribed repair in respect of the windows in the building to be carried out within a specified time.
(4) If any window in a building is exclusively used by an owner of the building or any occupier of that owner¡¦s premises, the Building Authority may by notice in writing served only on that owner require a prescribed inspection and, if necessary, prescribed repair in respect of the window to be carried out within a specified time.
(5) In a notice served under subsection (3) or (4), the Building Authority may specify for a window in a building¡X
    (a) the date by which a qualified person must be appointed to carry out a prescribed inspection in respect of that window;
    (b) the date by which a prescribed inspection in respect of that window is required to be completed; and
    (c) the date by which a prescribed repair in respect of that window, as may be required under subsection (6), is required to be completed.
(6) If a prescribed inspection in respect of a window in a building shows that the window has been rendered dangerous, or is liable to become dangerous, the owner on whom the notice is served must carry out a prescribed repair in respect of the window, in accordance with this Ordinance, to render the window safe.
(7) The Building Authority may cause a notice served under subsection (3) or (4) to be registered by memorial in the Land Registry against the building to which the notice relates.
(8) If a notice served under subsection (3) or (4) is not complied with, the Building Authority may, without further notification, carry out or cause to be carried out¡X
    (a) any inspection in respect of the window concerned that the Building Authority considers necessary for the purpose of that notice; and
    (b) any repair works that the Building Authority considers necessary or expedient to render the window safe, having had regard to the findings of an inspection in respect of the window, whether the inspection is carried out or caused to be carried out by the Building Authority under paragraph (a), or by a qualified person appointed under section 30E(1)(a).
(9) The cost of the inspection and repair works that the Building Authority has carried out or has caused to be carried out under subsection (8) is recoverable as a debt due to the Government from¡X (Amended 24 of 2012 s. 12)
    (a) if the notice served under subsection (3) or (4) has not been registered with the Land Registry under subsection (7), the person on whom the notice is served; or
    (b) if the notice served under subsection (3) or (4) has been registered with the Land Registry under subsection (7), the person who is the owner of the relevant part of the building¡X
        (i) as at the date of completion of the inspection if the Building Authority has carried out or has caused to be carried out the inspection mentioned in subsection (8)(a) only; or
        (ii) as at the date of completion of the repair works mentioned in subsection (8)(b) if the Building Authority has carried out or has caused to be carried out the repair works, whether or not the Building Authority has also carried out or has also caused to be carried out the inspection mentioned in subsection (8)(a).
(10) After a notice under subsection (3) or (4) (the preceding notice) has been complied with, a fresh notice in respect of the same window must not be served under that subsection before the expiry of 5 years after the date of the preceding notice.
(Added 16 of 2011 s. 20)