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Building Order - Illegal Structure

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ORIGINAL POST
Posted by SamL 20 yrs ago
I have been issued a letter from the Building Department regarding an UBW (unauthorised Building Work) or illegal structure on my apartment.


Aparently I have a window that is illegal because it contravenes a Regulations 90 of the building (Construction). i.e. the regulations which requires the building to be designed and constructed so as to inhibit or provide adequate resistance to the spread of fire and smoke; and to maintain stability of the building in the case of fire - which has been contravened.


The building department cannot and will not recommend an approved person i.e. architect, surveyor or engineer to addess an allegedly illegal window in my flat. Instead I have a list of approved contractors 6 pages long on which I am yet to track down a competent individual.


I want to make this window legal by replacing it by an approved and certified "Fire Proof" window rather than bricking it up which is what is being suggested.


I am loking for a competent professional that can help me with this case that can speak english and knows how the building regulations work and that has experienc in clearing the building order.


Can anyone reccomend someone to help clear the building order?


Thanks in advance

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COMMENTS
throbbing 20 yrs ago
SamL,


You are slightly confused in that you need an 'Authorised Person' to submit docs to BD & you need a contractor to do the work. See link below:


http://www.bd.gov.hk/english/services/index_aawork.html


BD have a register of APs & RGBCs (Registered General Building Contractor). APs are usually architects, sometimes Building Surveyors.

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SamL 20 yrs ago
Thanks Throbbing...


You are quite right that the Authorised person is different to the contractor.


I am hoping to find a company that has an AP on staff to make a proposal and that can also carry out the physical work i.e. the contracting.


I have the list of registered contractors but it contains several hundred companies.


I would like to know if anyone can recommed one such company that they may have actually already used as i have already called several on my list and would rather bang my head against a wall.


I am very frustrated at finding someone with suitable english and who is not out to totally rip me off.


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associates 20 yrs ago
A building work is defined in section 2 of the Buildings Ordinance includes any kind of building construction, repairs, demolition, aleration and addition and every kind of building operation. Under section 41, building works not involving the structure of any building may be carried out in any building without application to or approval from the Building Authority. Each case depends on its own fact to apply in the Ordinance and we need to inspect the premises or have a detailed instructions in a meeting before we can recommend or handle the matter. Typically we would charge an initial interview rate of HK$2,500 to determine your options. Please contact our Mr. Weir at 2526-1767 or email : WeirLaw@HongKongLaw.com


Weir & Associates

Solicitors & Notaries

Room 2108 Gloucester Tower

The Landmark

11 Pedder Street

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw




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SamL 20 yrs ago
Great... thanks for the reply


Will be in contact

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throbbing 20 yrs ago
Saml,


You do not need a lawyer you need an AP, only an AP can submit forms etc etc and the AP is the expert on the whole BD submissions process - that is why they took the specialist examinations and are registered with the government. The AP is in effect a semi governmental official. APs do not work for contractors, the whole system is set up so the AP is a checking/monitoring process. Talk with the AP first & they will no doubt bve able to help advise on a contractor and if you need to apply to BD etc.

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SamL 20 yrs ago
Thanks for the reply throbbing,


I am aware as to who has to do what... what i want to find is an individual or company that will deal with a relatively small case i.e. a window that is competant and not going to charge several hundred thousand dollars.


I have the list of AP's from the building department but it is several hundred names long.


Can anyone recommend an AP from experience? I am just taking shots in the dark with the list

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throbbing 20 yrs ago
SamL,


Check your Asiaxpat mail, just sent you a personal message.

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SamL 20 yrs ago
ok... thanks

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SamL 20 yrs ago
Thanks Fasan..


Will give you a call on monday for quote



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