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In response to media enquiries about a newly occupied building at 38 Conduit Road, Mid Levels, a spokesman for the Buildings Department responded today (January 18) as follows:
In view of public concern that alteration works may have been carried out to convert the original approved enclosed kitchens to open kitchens inside some premises of a building at the above mentioned address, staff of the Buildings Department inspected the building concerned today. The aim of the inspection was to confirm whether any alteration works were being or had been carried out and whether these building works carried out inside the building contravened the provisions of the Buildings Ordinance.
Staff of the department inspected one of the premises concerned and confirmed that the interior was in general the same as what was shown in the approved building plans. There were no unauthorised building works either. The department will continue to contact other owners and arrange to inspect the flats.
"Should any unauthorised building works be found, the Buildings Department will take appropriate action," a spokesman for the department reiterated.
The spokesman reiterated that any one who wanted to carry out any alteration or addition works in private buildings or on private land should appoint an authorised person to submit plans to the Buildings Department for approval and obtain consent from the department in accordance with s14 of the Buildings Ordinance, before such works can commence. Internal alteration and addition works not involving the structure of the building are exempted from such approval and consent in accordance with s41(3) of the Buildings Ordinance, but they still have to comply with the building standards, such as structural safety and fire safety requirements stipulated in the building regulations.
According to the Buildings Ordinance, it is a serious offence to conduct any building works without prior approval. Any person, if convicted, is liable to a maximum fine of $400,000 and two year's imprisonment.
Any person who carried out such works in such manner as is likely to cause a risk of injury to any person or damage to any property is liable to a maximum fine of $1,000,000 and imprisonment for three years.
According to the building plans approved by the Buildings Department, all flats of the building concerned were designed with enclosed kitchens. Any person who wants to alter an existing enclosed kitchen to open kitchen should consult professional advice on the requirements for fire-resistant structures in the kitchen, whether the enclosing walls of the kitchen are load bearing walls, the feasibility of the alteration works and whether it is necessary to submit plans to obtain prior approval and consent from the Buildings Department in accordance with the Buildings Ordinance.
If any person is found carrying out building works (including alteration and addition works) in contravention of the Buildings Ordinance or Regulations, the Buildings Department will issue a removal order in accordance with s24 of the Buildings Ordinance, ordering such works be removed or modified. The department may arrange a Government contractor to remove the unauthorised works if any person fails to comply with the order by the date specified in the order, and recover the cost of works plus supervision charges from the persons upon whom orders have been served.
The department may also take prosecution action against the persons for failure to comply with the order according to s40 of the Buildings Ordinance. If convicted, the persons are liable to a maximum fine of $200,000 and one year's imprisonment.
Ends/Tuesday, January 18, 2011
Issued at HKT 19:51
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