IV. Mandatory Window Inspection Scheme
In 2012 the Hong Kong Government also introduced the Mandatory Window Inspection Scheme (MWIS) to tackle the specific problem of window disrepair.
It would be fair to say that most windows in a building or estate are the private property of the individual owners of units in that building or estate. Therefore, the Government issues notices to all owners (i.e. the owners of individual flats and the owners’ corporation) of a building or estate under the MWIS.
Under the MWIS:
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- Every year the Government selects buildings that are at least 10 years old (except domestic buildings not exceeding three storeys) and issues statutory notices to the owners of the buildings, requiring them to appoint a Qualified Person to carry out certain prescribed inspections within 6 months from the date of the statutory notice.
- If the Qualified Person finds that windows in the building have been rendered dangerous or are liable to become dangerous, the owners concerned must appoint a Registered General Building Contractor or a Registered Minor Works Contractor (who has registered for the minor works in respect of windows) to carry out the prescribed repair under the supervision of the Qualified Person.
- Upon completion of the inspection and repair works, the Qualified Person must submit a certificate in the specified form to the Building Department for record and audit check.
- If the owners or owners’ corporation fails to comply with the statutory notice for window inspection without a reasonable excuse, they may be served with a penalty notice of a fixed fine of $1,500. Failure to comply with the penalty notice may lead to prosecution, with the owner or owners’ corporation subject to a fine of $25,000 and imprisonment for three months, plus a fine of $2,000 for each day the offence continues.
- After a notice (the preceding notice) has been complied with, the owner or the incorporated owner will not receive another notice in respect of the same window within 5 years.