Cap 123 s 30B Obligation on owners to carry out prescribed inspection and prescribed repair in respect of buildings (Buildings Ordinance)

Contents of Section

Chapter:	123	Title:	Buildings Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	30B	Heading:	Obligation on owners to carry out prescribed inspection and prescribed repair in respect of buildings	Version Date:	02/08/2012

(1) This section applies to any building aged 30 years or above.
(2) The age of a building mentioned in subsection (1) is to be determined by the Building Authority—

(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) 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 common parts of the building to be carried out within a specified time.
(4) If an external wall of a building is not in the common parts of the building, the Building Authority may by notice in writing served on the owner of the external wall require a prescribed inspection and, if necessary, prescribed repair in respect of the external wall to be carried out within a specified time.
(5) Without limiting subsections (3) and (4), the Building Authority may by notice in writing served on an owner of a building require a prescribed inspection and, if necessary, prescribed repair in respect of any projection as prescribed in the regulations that is connected to that owner’s premises in the building and is occupied or used by that owner or any occupier of that premises to be carried out within a specified time.
(6) Without limiting subsections (3) and (4), if a signboard is erected on a building, the Building Authority may by notice in writing served on—

(a) the person for whom the signboard is erected;

(b) if that person cannot be found, the person who would receive any rent or other money consideration if the signboard were hired out or the person who is receiving such rent or money consideration; or

(c) if the persons referred to in paragraphs (a) and (b) cannot be found, the owner of the premises in the building on which the signboard is erected,

require a prescribed inspection and, if necessary, prescribed repair in respect of the signboard to be carried out within a specified time.
(7) In a notice served under subsection (3), (4), (5) or (6), the Building Authority may specify for a relevant part of a building—

(a) the date by which a registered inspector must be appointed to carry out a prescribed inspection in respect of that part of the building;

(b) the date by which a prescribed inspection in respect of that part of the building is required to be completed; and

(c) the date by which a prescribed repair in respect of that part of the building, as may be required under subsection (8), is required to be completed.

(8) If a prescribed inspection in respect of a relevant part of a building shows that that part of the building 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 that part of the building, in accordance with this Ordinance, to render that part of the building safe.
(9) The Building Authority may cause a notice served under subsection (3), (4), (5) or (6) to be registered by memorial in the Land Registry against the building to which the notice relates.
(10) If a notice served under subsection (3), (4), (5) or (6) is not complied with, the Building Authority may, without further notification, carry out or cause to be carried out—

(a) any inspection in respect of the common parts, external wall, projection or signboard of the building 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 building safe, having had regard to the findings of an inspection in respect of the building, whether the inspection is carried out or caused to be carried out by the Building Authority under paragraph (a), or by a registered inspector appointed under section 30D(1)(a).

(11) The cost of the inspection and repair works that the Building Authority has carried out or has caused to be carried out under subsection (10) is recoverable as a debt due to the Government from— (Amended 24 of 2012 s. 12)

(a) if the notice served under subsection (3), (4), (5) or (6) has not been registered with the Land Registry under subsection (9), the person on whom the notice is served; or

(b) if the notice served under subsection (3), (4), (5) or (6) has been registered with the Land Registry under subsection (9), the person who is the owner of the relevant part of the building—

(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 (10)(a) only; or

(ii) as at the date of completion of the repair works mentioned in subsection (10)(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 (10)(a).

(12) After a notice under subsection (3), (4), (5) or (6) (the preceding notice) has been complied with, a fresh notice in respect of the same part of the building must not be served under that subsection before the expiry of 10 years after the date of the preceding notice.
(13) In this section, a reference to an inspection or repair of any part of a building does not include an inspection or repair of the windows in the building.

(Added 16 of 2011 s. 20)