What Changed
- The Shatin and West Kowloon Magistrates' Courts convicted five property owners across four cases on November 11, 2026, levying total fines of HK$323,170.
- Two prosecutions involved repeat offenders who faced escalated fines, including daily penalties, for persistent non-compliance regarding village house and composite building structures.
- The Buildings Department reaffirmed its policy of taking stringent enforcement and prosecution action against owners who fail to comply with removal orders under Cap. 123.
Property owners, real estate managers, and legal advisors operating in Hong Kong SAR must take note of strict regulatory enforcement against unauthorised building works (UBWs). On November 11, 2026, five property owners across four separate cases were convicted and fined a combined total of HK$323,170 at the Magistrates' Courts for failing to comply with statutory removal orders issued by the Buildings Department (BD) under section 24(1) of the Buildings Ordinance (BO) (Cap. 123).
The enforcement actions involved diverse property types and structural infractions across Sha Tin and Tsuen Wan:
- Detached House (Sha Tin Heights Road): An owner executed unauthorised retaining wall and backfill works without prior BD approval and consent. Upon conviction at the Shatin Magistrates' Courts, the owner was fined HK$109,920, which included HK$99,920 in daily fines for the duration of the continuing offence.
- Village House (D.D. 183, Sha Tin): After the Lands Department declined to issue a certificate of exemption for an unauthorised rooftop structure, the BD served a removal order. Following a prior prosecution, the owner persistently failed to comply, leading to a second prosecution at the Shatin Magistrates' Courts and a fine of HK$97,480 (including HK$62,480 in daily fines).
- Composite Building (Tsuen Nam Road, Sha Tin): An owner of unauthorised structures on a yard and flat roof on a cockloft faced a second prosecution for persistent non-compliance following a previous conviction. The Shatin Magistrates' Courts imposed a fine of HK$65,770 (including HK$42,770 in daily fines).
- Composite Building Unit (Castle Peak Road Tsing Lung Tau, Tsuen Wan): Two co-owners executed UBWs by removing fixed lights on external walls of a living room and master bedroom and erecting railings attached to flower beds. The West Kowloon Magistrates' Courts fined them HK$50,000 in total.
Under the BO, failure to comply with a removal order without reasonable excuse is a serious criminal offence. Convictions carry a maximum penalty of a HK$200,000 fine, one year's imprisonment, and an additional fine of up to HK$20,000 for each day the offence continues. A BD spokesman reiterated on November 12, 2026, that the department will continue stringent enforcement and prosecution against non-compliant owners to preserve public and building safety.
Who May Be Affected
Property owners, co-owners, real estate investors, and property managers operating in Hong Kong SAR.
Cross-Border Context
International real estate investors and cross-border property owners holding residential or commercial real estate assets in Hong Kong SAR must ensure structural modifications comply with local building regulations to avoid criminal prosecution and daily statutory fines.
What to check next
- Check Buildings Department regulatory guidance on statutory removal orders under section 24(1) of the Buildings Ordinance (Cap. 123).
- Review property titles and Land Registry records for outstanding removal orders or unauthorised building work notices prior to transaction completion.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.