Building Maintenance

To assist property owners in arranging building maintenance works properly and to combat bid-rigging, the Home Affairs Department (HAD) has in recent years actively enhanced collaboration with other departments (such as the Buildings Department, the Hong Kong Police Force and the Independent Commission Against Corruption) and relevant organisations (including the Urban Renewal Authority, the Hong Kong Housing Society and the relevant professional institutes), strengthened support for owners and launched extensive publicity and education.

 

Enhanced Professional Support

Building Management Professional Advisory Service Scheme (BMPASS)

To enhance the support for owners of old buildings, we have launched BMPASS under which professional property management companies (PMCs) are engaged to provide owners of old buildings (in particular those without any form of management) in need with a range of free professional advice on building management and follow-up services. The services include assisting owners in forming owners' corporations (OCs), assisting OCs in applying for building maintenance subsidies, and following up on building maintenance works and tendering matters, etc.

Support Services which Help Resolve Disputes

OCs and owners may have disagreements and disputes on building management and maintenance works. To help owners and OCs resolve their disputes, the HAD also provides the following support services:

(1) Free Legal Advice Service on Building Management

The Law Society of Hong Kong arranges for its members to offer professional advice to owners on interpretation of the provisions of the Building Management Ordinance and other relevant legal matters.

(2) Free Mediation Service Scheme for Building Management

The Hong Kong Mediation Centre or the Hong Kong Mediation Council arrange for accredited mediators to provide a maximum of 15 hours of free professional mediation services for the parties concerned to assist them in reaching a settlement for the disputes, saving the costs and time incurred in taking legal action and resolving disputes efficiently and effectively.

(3) Panel of Advisors on Building Management Disputes

The Panel, specially set up by the HAD and comprising professionals such as lawyers, accountants, surveyors , engineers and property managers, etc., provides professional advice to owners/OCs to assist them in resolving disputes.

Owners may contact the District Office concerned for referral if needed.

Publicity and Education

The HAD has further enhanced public education on building management and maintenance through promotional videos on TV, theme leaflets, talks and seminars. The aim is to encourage owners to protect their own rights and actively participate in the owners' meetings of OCs and building maintenance as well as to engage consultants and contractors for building maintenance works in compliance with the Building Management Ordinance.

[Related promotional leaflets]

The Independent Commission Against Corruption (ICAC) has produced the Training Video on Corruption Prevention in Building Maintenance and published the 2019 edition of the Building Maintenance Toolkit offering effective anti-corruption advice and templates for reference of OCs and owners.  Please contact the ICAC Regional Offices or call the Integrity Building Management Enquiry Hotline at 2929 4555 for advice and corruption prevention and integrity management services.  For details, please visit the Integrity and Quality Building Management webpage of the ICAC.

[ICAC's video: Tender Rigging = Corruption?]

The Department of Real Estate and Construction of the University of Hong Kong has analysed the costs of around 400 building maintenance projects completed under the Operation Building Bright from 2009 to 2013 and established the Building Maintenance Cost (BMC) Database and Estimator.

The Urban Renewal Authority (URA) has launched the Building Rehabilitation Platform, a website on building maintenance resources. The URA has also launched the “Smart Tender”—Building Rehabilitation Facilitating Services to provide OCs of private building with technical and professional assistance in their building repair and maintenance works.

The Hong Kong Police Force (HKPF) provides OCs intending to carry out building maintenance works with an information package through the RenoSafe Scheme.  Posters or banners are displayed at conspicuous positions of the participating buildings for enhanced publicity.

Law Enforcement

The HKPF will take proactive action to follow up on and investigate all complaints and reported cases related to building maintenance.  It has set up a special working group under its Organized Crime and Triad Bureau, and augmented its intelligence gathering efforts through the RenoSafe Scheme, under which the respective local anti-triad units will make direct contact with the OCs and owners concerned and invite them to provide information on crimes.  Anyone who consider their personal safety under threat or feel intimidated may report the case to the HKPF for assistance.

The ICAC is committed to combating corruption related to building management.  Anyone who suspects that corruption or bribery is involved in building maintenance works should report to the ICAC.  The ICAC will take follow-up action in accordance with the law and the established procedures.  All information supplied to ICAC is treated in strict confidence.

The Competition Ordinance

Enacted in 2012, the Competition Ordinance (Cap. 619) (the Ordinance) provides that an undertaking must not make or give effect to an agreement if the object or effect of the agreement is to prevent, restrict or distort competition in Hong Kong.  A bid-rigging agreement between undertakings might contravene the Ordinance.  Upon the full implementation of the Ordinance on 14 December 2015, the Competition Commission (the Commission) may conduct an investigation into the relevant case if it has reasonable cause to suspect that anti-competitive conduct has taken place.  The Commission has taken note of the public's concern over alleged bid-rigging cases in the building maintenance industry, and is conducting relevant studies to enhance understanding of the market.  For details, please visit the website: https://www.compcomm.hk/en/legislation_guidance/legislation/legislation/comp_ordinance_cap619.html.

 

Reference

PowerPoint slides for Building Maintenance Workshop organised by the Home Affairs Department (September 2015 and January 2016)
(Disclaimer: The contents of the PowerPoint slides are for reference only.  You are advised to refer to the Building Management Ordinance and seek professional advice in case of doubt.)

The Law Society of Hong Kong (September 2015) (Chinese version only) (PDF)

The Law Society of Hong Kong (January 2016) (Chinese version only) (PDF)

The Hong Kong Institute of Surveyors (Chinese version only) (PDF)

The Independent Commission Against Corruption (Chinese version only) (PDF)

Related Information

Integrated Building Rehabilitation Assistance Scheme

“Smart Tender”—Building Rehabilitation Facilitating Services