Contents of Section

Chapter:

123 PDFTitle:Buildings OrdinanceGazette Number:24 of 2012
Section:22Heading:Powers of Building AuthorityVersion Date:20/07/2012


(1) Subject to subsection (1A), the Building Authority or an authorized officer may at any time enter and where necessary, in the presence of a police officer, break into any premises or enter upon any land— (Amended 24 of 2012 s. 4)

    (a) to ascertain whether any building, structure, street or natural, formed or man-made land is dangerous or liable to become dangerous; (Amended 72 of 1980 s. 7)
    (b) to inspect or test any groundwater drainage works, drainage works, drainage system, sewerage works or sewerage system; (Amended 44 of 1959 s. 8; 41 of 1982 s. 7; 24 of 2012 s. 4)
    (c) to as certain whether the provisions of this Ordinance or of any notice order or regulation hereunder are being complied with;
    (d) to carry out or cause to be carried out any work which he is authorized to carry out under this Ordinance. (Amended 44 of 1959 s. 8)
(1A) Except in case of emergency, neither the Building Authority nor an authorized officer may enter or break into the premises, or enter upon the land under subsection (1) unless—
    (a) the entry is permitted by the owner, occupier, or person who appears to have control or management of the premises or land; or
    (b) a warrant is obtained under subsection (1B). (Added 24 of 2012 s. 4)
(1B) A magistrate may issue a warrant authorizing the Building Authority or an authorized officer to enter and, if necessary, break into any premises or enter upon any land for any of the purposes mentioned in subsection (1) if the magistrate is satisfied by information on oath that—
    (a) there are reasonable grounds for suspecting—
        (i) with respect to building works that have been or are being carried out to the premises or land—
          (A) that there is a material divergence or deviation from any plan approved by the Building Authority under this Ordinance or required to be submitted to the Building Authority under the simplified requirements; or
          (B) that they are not in compliance with the standard of structural stability, public health or fire safety established by regulations;
        (ii) that the use of the premises has been changed in contravention of section 25(1) or (2);
        (iii) that the premises have been, or the land has been, rendered dangerous, or the premises are, or the land is, liable to become dangerous;
        (iv) that the drains or sewers of the premises or land are in a defective or insanitary condition; or
        (v) that a notice or order served under this Ordinance has not been complied with;
    (b) the entry into the premises or upon the land by the Building Authority or an authorized officer—
        (i) was refused; or
        (ii) could not be gained despite a visit made to the premises or land on at least 2 different days; and
    (c) notice of the intention to apply for a warrant has been served on the owner or occupier of the premises or land. (Added 24 of 2012 s. 4)
(1C) A warrant issued under subsection (1B) must specify—
    (a) the premises or land to be entered;
    (b) the purpose of the entry;
    (c) the name and capacity of the person authorized to enter the premises or land; and
    (d) the date of the issue of the warrant. (Added 24 of 2012 s. 4)
(1D) If the Building Authority or an authorized officer enters or breaks into any premises, or enters upon any land, under a warrant issued under subsection (1B), the Building Authority or authorized officer must produce to the owner, occupier, or person who appears to have control or management of the premises or land the warrant for inspection. (Added 24 of 2012 s. 4)
(1E) When entering any premises or land under this section, the Building Authority or an authorized officer may be accompanied by any person that the Building Authority or authorized officer considers necessary for the purpose of the entry. (Added 24 of 2012 s. 4)
(1F) On leaving any unoccupied premises or land entered under this section, the Building Authority or an authorized officer must leave the premises or land as effectually secured against trespassers as the premises or land was found at the time of entry. (Added 24 of 2012 s. 4)
(1G) A warrant issued under subsection (1B) continues in force until the purpose for which entry is necessary has been fulfilled. (Added 24 of 2012 s. 4)
(2) For the purposes of subsection (1)—
    (a) access to every part of any building works or street works shall be provided by the registered general building contractor, registered specialist contractor or registered minor works contractor; and (Replaced 20 of 2008 s. 18)
    (b) the Building Authority or an authorized officer may take any steps that he or she considers necessary, including the making of openings and the taking of reasonable samples. (Amended 44 of 1959 s. 8; 24 of 2012 s. 4)
(3) The Building Authority may by order in writing require an authorized person to carry out such tests as may be specified in the order. (Amended 52 of 1974 s. 9)
(4) The Building Authority may specify any form for the purposes of this Ordinance. (Added 68 of 1993 s. 13)
(5) In this section—
authorized officer (獲授權人員) means a public officer authorized in writing by the Building Authority for any of the purposes mentioned in subsection (1). (Added 24 of 2012 s. 4)