Responsibility depends first on where the unauthorized building work (UBW) is and then on who a Buildings Department (BD) notice or order names. For work inside an individual flat, BD says the owner should arrange removal. For work in common areas, the co-owners or Owners’ Corporation (OC) should coordinate it. But an enforcement order may be served on a particular person—including, in a specific case, a tenant—so read the actual document rather than assuming that ownership or occupancy alone settles who must act.
Who should arrange removal?
| Where the work is | Who should generally arrange or coordinate removal | What can change the answer |
|---|---|---|
| Inside an individual flat | The owner. BD says owners should take the initiative to arrange removal of existing UBWs in their premises. | The terms and recipient of any statutory notice or order; the work’s location and ownership; and the building’s governing documents. |
| In common areas | The co-owners or the OC should coordinate removal. | The Deed of Mutual Covenant (DMC), other building documents, who has authority over the area, and the terms of any BD order. |
This is the general division in BD’s Owners’ Responsibility guidance, not a ruling on every building dispute. For common-area UBWs that obstruct necessary repairs, owners may also consider action under the DMC. The document actually served remains important: BD enforcement can require a specific named person to act.
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“Coordinate” does not mean the OC is automatically the sole party responsible for every common-area structure, nor does the general owner guidance determine liability in every case. The OC and co-owners should check which area is affected, what the DMC and related documents provide, and who is named in a BD order. Where an order has been issued, the named recipient and its instructions should guide the immediate response.
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BD defines UBWs as additions or alterations to a building made without prior BD approval or without following the simplified procedures under the Minor Works Control System. The label does not mean that every repair or replacement in a flat needs prior approval. The applicable route depends on the work.
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Work that may be exempt or use minor-works procedures
Simple household work such as plastering, tiling or replacing sanitary fittings may be exempt from prior approval, although applicable safety requirements still apply. Certain designated minor works can be carried out under the Minor Works Control System, which requires notification rather than prior approval. Check the specific work against BD requirements instead of assuming that all renovation is either freely permitted or prohibited. See BD’s FAQ on Alteration and Addition Works in Domestic Premises and its Unauthorised Building Works overview.
Structural or substantial work
Work involving a structural element—such as a wall, beam or column—needs particular care. BD says an owner should appoint an authorized person (AP) and a registered structural engineer (RSE) for advice and submit plans where required. Work requiring approval and consent should be undertaken by a registered contractor. The right professional and procedure depend on the proposed work and any order in force.
Approval under building rules is not the only possible requirement. Check the DMC and related building documents for OC or property-management consent requirements. A work may raise building-control, safety and private-governance issues at the same time.
In practical terms, distinguish three routes rather than treating renovation as one category: some simple work may be exempt from prior approval; designated minor works use the Minor Works Control System and its notification procedure; and other additions or alterations may require prior approval and consent, plans and qualified professionals. If you cannot tell which route applies, ask an appropriate building professional or check BD requirements before starting. A neighbour’s concern or an apparent alteration by itself does not establish that the work is unauthorized.
Why the order or notice matters
BD does not issue the same removal order for every UBW. Its enforcement policy identifies actionable categories for statutory removal orders. For other UBWs, BD may instead issue a statutory warning notice that can be registered against the property title. The document received—its legal basis, the work it covers, recipient and instructions—matters more than a general assumption about who is responsible.
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Works that may be actionable
BD’s published categories include works presenting an obvious hazard or imminent danger; new UBWs, subject to statutory exemptions; many external items such as rooftop and podium structures, items in yards or lanes, and projections from external walls; certain dangerous interior works; serious health or environmental nuisances; major standalone items; and items selected for targeted large-scale operations. For actionable works, BD says it will issue statutory orders to the owners concerned and register orders against relevant property titles. The precise action still depends on the case.
Warning notices for other works
For items outside the actionable categories, BD may issue a statutory warning notice, which can also be registered against the title. Do not treat a warning notice as interchangeable with a removal order: read the notice to understand what BD requires and whether it sets a removal obligation or another direction. Check the actual document and get case-specific advice if its effect is unclear. BD explains the distinction in its Enforcement policy.
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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Repair Windows errors before they cause bigger problemsFix Now →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →The enforcement distinction is important when deciding what to do next. A removal order is a statutory requirement to remove the work specified in that order; a warning notice is a different enforcement document and may be used for items outside BD’s actionable categories. Both may be registered against a property title, but do not infer identical obligations or deadlines from that fact. Check the exact document, its recipient and the response required.
Can a tenant be responsible?
BD’s general owner guidance places the initiative for removing UBWs within a flat on the owner, and its enforcement policy describes orders to the owners concerned. That does not establish that a tenant can never be served directly. The recipient and terms of the particular order must be checked.
In a press release dated 10 April 2026, BD reported that a tenant of land under a short-term tenancy was served a removal order under section 24(1) and convicted after failing to comply. BD reported a fine of HK$77,750 in that case; it also said the tenant had previously been prosecuted three times and fined a cumulative HK$106,980 before the further prosecution. This is an individual case involving a tenant of land, not a general ruling that apartment tenants bear owners’ usual responsibilities. It shows why a person served with an order should not ignore it merely because they are not the registered owner. See the 10 April 2026 BD press release.
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If you rent a flat and receive an order, promptly check whether you are the named recipient, what work it concerns and what compliance steps and deadline it specifies. Inform the landlord and seek advice, but do not assume that telling the owner transfers or removes any obligation imposed directly on you. Conversely, the cited case should not be read as proof that every tenant is responsible for works in a rented apartment: it concerns a tenant of land under a short-term tenancy.
What happens if a removal order is ignored?
BD says that failure to comply with a removal order without reasonable excuse may lead to prosecution. Its published guidance gives a maximum penalty of HK$200,000 and one year’s imprisonment, with a further fine of HK$20,000 for each day the offence continues. These are maximum penalties in BD guidance, not a prediction of the outcome in an individual case; confirm the order and current legal position before applying them to a dispute.
If the required work is not done after default, BD may arrange demolition through a government contractor and recover the costs, supervision charge and surcharge. The order may be registered against the property title, and a mortgagee may be notified. The recipient should act promptly on the deadline and requirements stated in the document, and obtain professional or legal advice where necessary.
Default can therefore have consequences beyond the immediate removal work: possible prosecution and continuing daily fines, costs charged for government-arranged demolition, and a title record that may affect dealings with the property. BD’s guidance describes these possible consequences; whether and how they apply depends on the actual order, compliance history and circumstances. Do not assume that doing nothing is harmless because the structure is inside a privately owned flat or because another party is discussing the issue with BD.
How to check the work, records and order
- Read the notice or order first. Record the statutory section, the work identified, the named recipient, the deadline and any instructions about how removal must be carried out. Do not rely on a verbal summary or assume another party is handling it.
- Search BD’s order records. The Issuance/Compliance Status of Orders search accepts an order number, address or building name and covers section 24 removal orders, among other order types. BD updates status data on the first and third Wednesday of each month. A search result is not a complete real-time determination.
- Inspect approved building records. BD says approved plans and minor-works records can be inspected at its Building Information Centre or through the Building Records Access and Viewing Online service. A prospective purchaser or owner may also apply to view approved plans and occupation permits. Compare the relevant approved records with the work in place.
- For common parts, check governance documents. Ask the OC or relevant building manager about the DMC and related documents, and coordinate with co-owners where appropriate. If the UBW obstructs repairs, owners may consider action under the DMC as well as addressing any BD notice.
- Get advice before altering or removing work. The suitable professional or contractor depends on the work’s type and scale and the order’s terms. Structural or substantial work may require an AP, RSE and registered contractor; do not assume that demolition itself is exempt from safety or approval requirements.
A clean online search does not prove that a flat is free of UBWs. BD expressly cautions that premises with no order showing need not be free of unauthorized work. Where compliance is material, verify the records with BD or seek appropriate professional advice.
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The order search is a useful check, not a substitute for examining the notice itself or the approved records. The search supports an order-number, address or building-name lookup and includes section 24 removal orders, but its status information is updated only twice monthly, on the first and third Wednesday. BD’s express caveat is especially relevant to buyers and owners: an absence of listed orders is not confirmation that the premises comply with building requirements.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What to do if you are the neighbour
If another flat or a common area appears to contain unauthorized work, avoid treating the appearance alone as proof that the work is unlawful: some work is exempt or may have been carried out through an applicable procedure. Note the location and the specific concern, raise common-area issues with the OC or building manager, and check whether approved records can clarify the work. If there is an apparent immediate danger, contact the relevant authorities promptly. Responsibility for removal will depend on BD’s assessment, the work’s location and any order served; a neighbour should not attempt to remove another party’s structure.
If the concern involves common parts, tell the OC or building manager which location is affected and whether it obstructs repairs or appears to create a safety concern. The OC and co-owners can review the governing documents and coordinate an appropriate response. If the work is inside a neighbour’s flat, the general BD guidance places the initiative to arrange removal on that flat’s owner; it does not authorize another resident to enter or remove the work. Report the concern through the appropriate channels and let BD assess whether enforcement action is warranted.
For a particular building, the answer may require the actual BD notice or order, approved plans, title records, the DMC, tenancy documents and professional or legal advice. These materials determine what work is covered, who is required to act and which procedures apply.
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Frequently Asked Questions
If my neighbour built something unauthorized, who has to remove it?
BD’s general guidance says the owner should take the initiative to arrange removal of UBWs within that owner’s premises. A neighbour should not try to remove the structure. The actual BD notice or order, if any, and its named recipient and requirements matter.
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Is the Owners’ Corporation responsible for unauthorized structures in common areas?
BD says the co-owners or the OC should coordinate removal of UBWs in common areas. That is coordination guidance, not a blanket determination that the OC alone is liable in every building. Check the DMC, related documents and any BD order.
Can a tenant be served with a Buildings Department removal order?
A tenant can be the recipient in a specific case. BD reported in April 2026 that a tenant of land under a short-term tenancy was served a section 24(1) removal order and convicted after failing to comply. That case does not establish that apartment tenants generally bear owners’ responsibilities; check the recipient and terms of the actual order.
Does finding no order online mean my flat has no unauthorized building works?
No. BD warns that premises with no order showing need not be free of UBWs. The order search includes section 24 removal orders and other order types, and its status data is updated on the first and third Wednesday each month. Check approved records and seek professional advice if compliance matters.
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Does every renovation in a Hong Kong flat need prior BD approval?
No. Some simple household work may be exempt from prior approval, while designated minor works follow the Minor Works Control System’s notification procedures. Other work, especially work involving structural elements, may require plans, professional advice and approval and consent. Check BD requirements for the particular work.
What can happen if an owner does not comply with a removal order?
BD says noncompliance without reasonable excuse may be prosecuted, with a maximum penalty in its guidance of HK$200,000 and one year’s imprisonment, plus HK$20,000 for each day a continuing offence persists. BD may also arrange demolition after default and recover costs, supervision charges and a surcharge. The actual consequences depend on the order and case.
The Bottom Line
For UBWs inside a flat, the owner generally should arrange removal; for common-area works, co-owners or the OC should coordinate it. But responsibility in a particular case turns on the actual work, governing documents and especially the recipient and terms of any BD notice or order. Read the document, check the records, and get suitable professional or legal advice rather than relying on a clean search or assumptions about who owns or occupies the space.
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