Cap 123 s 4A Appointment of prescribed building professionals: minor works commenced or carried out without approval and consent (Buildings Ordinance)

Contents of Section

Chapter:	123	Title:	Buildings Ordinance	Gazette Number:	E. R. 1 of 2012
Section:	4A	Heading:	Appointment of prescribed building professionals: minor works commenced or carried out without approval and consent	Version Date:	09/02/2012

(1) This section applies to minor works—

(a) that are commenced or carried out without the approval and consent of the Building Authority under section 14(1); and

(b) in respect of which one or more prescribed building professionals are required to be appointed by the regulations.

(2) If minor works to which this section applies have been commenced or carried out and the person who arranged for the works to be commenced or carried out has knowingly failed to appoint the prescribed building professional or the prescribed building professionals (as the case may be) required by the regulations to be appointed in respect of the minor works concerned, that person commits an offence.
(3) For the purposes of subsection (2), a person who has appointed another person to arrange for the commencement or carrying out of minor works is not to be regarded as a person who arranged for the commencement or carrying out of minor works.
(4) Subject to subsection (5), if a prescribed building professional appointed in respect of the minor works to which this section applies is unable to act, whether by reason of the termination of his appointment or for any other reason, or is unwilling to act, a person other than a prescribed building professional required by the regulations to be appointed in respect of the minor works concerned shall not be appointed in his place.
(5) Where a prescribed building professional appointed in respect of the minor works to which this section applies is temporarily unable to act by reason of his illness or absence from Hong Kong, that prescribed building professional may nominate another prescribed building professional required by the regulations to be appointed in respect of the minor works concerned to act in his place for the period of such illness or absence.

(Added 20 of 2008 s. 7)