Stiffer penalties mooted for major illegal structures

The government announced on Friday a two-fold proposal to handle unauthorised building works, with those convicted of serious breaches facing a maximum jail term of two years and a HK$2 million fine. While stiffer penalties could be introduced for serious contraventions of the Buildings Ordinance, authorities are also rolling out a leniency scheme for minor unlawful works deemed to be low risk. The Development Bureau conducted a review of the existing regulations following a spate of incidents where chunks of concrete fell off the exterior facade of ageing buildings. There was also public concern after a landslide exposed unauthorised structures at multiple Redhill Peninsula villas last year. Under the proposed amendments to the Buildings Ordinance, those who ignore removal orders for "serious unauthorised works", such as an illegal basement, could be jailed for two years, double the current ceiling. The maximum fine would also be raised by 50 percent to HK$300,000. Owners, building professionals or contractors who erect structures without government approval even face a HK$2 million fine, up from HK$400,000. The bureau is also proposing to lower the prosecution threshold, such that proceedings could be initiated even when the person concerned doesn't "knowingly" begin construction without permission. People who inherit illegal structures from the previous owner could still be prosecuted, if they didn't remove them within a certain time frame after the new law is passed. Relatively minor additions, including retractable awnings and outdoor signboards fixed to the floor, could be performed without prior approval in the future so long as the structures fit the prescribed size and height. Officials also plan to relax requirements for drying racks for clothes and air conditioner support frames. There will be a three-year grace period for owners to have minor structures inspected by a certified professional. Structures which are approved can be kept. A bureau spokeswoman said the policy is aimed at minimising nuisance to the public. But the bureau was also aware of opinions that existing laws are not deterrent enough for serious breaches. "After all, our resources are limited. So we want to focus our law enforcement efforts on the most serious cases, tackling the bigger illegal structures," she said. Authorities are also proposing a fixed penalty of HK$6,000 for owners who ignore statutory building inspection notices, which are served to premises aged 30 years or above. A two-month public consultation on the proposal will begin later this month, and the amendment bill could be tabled to the legislature by the first half of 2026.

Stiffer penalties mooted for major illegal structures

Stiffer penalties mooted for major illegal structures

Stiffer penalties mooted for major illegal structures

Stiffer penalties mooted for major illegal structures

Stiffer penalties mooted for major illegal structures