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What are the consequences of failing to comply with statutory notices for Mandatory Window Inspection?

Buildings Department

A registered owner or the Owners' Corporation (OC) of a building is liable to a fine or prosecution:

ActionPenalty
Failing to comply with a statutory notice for Mandatory Window Inspectiona.    Fixed penalty of $1,500; 
b.    Repeated offenders may be prosecuted and are liable on conviction to a fine of HK$25,000 and to imprisonment for 3 months; and to a fine of HK$2,000 for each day during which it is proved to the satisfaction of the court that the offence has continued
Refusing to contribute to the cost of inspection, investigation, works or other action in relation to the common parts of the buildingA fine of $25,000
Without reasonable excuse, obstructing or refusing to allow a person appointed or engaged by the OC to access to any premises to carry out the required inspection or repair worksA fine of HK$10,000 and imprisonment for 6 months

Meanwhile, the Buildings Department may take the initiative to arrange for its consultants and contractors to carry out the required inspection and repair works.  Such costs, together with a supervision charge and a surcharge not exceeding 20% of the costs, will be recovered from the owners or OC afterwards.

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Last update: 7 Apr 2021
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