When receiving a statutory notice for "Mandatory Window Inspection" from the Buildings Department, many property owners may feel a bit overwhelmed, worrying about falling into the traps of unscrupulous window inspection companies on the market, being caught in inspection pitfalls, or being overcharged. To avoid "getting caught," the most crucial first step is to clearly understand the requirements and processes of the entire official plan. Once you grasp the details, criteria, and deadlines of the plan, you will naturally be able to identify the "pitfalls." HKDecoMan will integrate all aspects of the "Mandatory Window Inspection Plan" to help you take the first step in ensuring building safety.
What is the "Mandatory Window Inspection Scheme"?
The "Mandatory Window Inspection Scheme" is a building safety measure implemented by the Buildings Department since 2012. According to the law, for private buildings aged 10 years or above (excluding residential buildings with no more than 3 storeys), owners must appoint a "Qualified Person" (QP) to inspect windows and supervise repairs when necessary upon receiving a statutory notice from the Buildings Department. This is a statutory requirement that owners must comply with.
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Which buildings will be selected?
The Buildings Department will select a specific number of "target buildings" each year for priority window inspections based on professional advice from the "Selection of Target Buildings Advisory Committee". Not all buildings meeting the age criteria will receive notifications immediately. The screening criteria mainly include:
- The condition and maintenance records of the building's windows
- Past records of reports on window disrepair
- Whether the building has overall window defects
- The degree of potential risk posed to the public
If property owners have doubts about the notification, they can verify it by checking the Buildings Department website for the "Mandatory Window Inspection Scheme Target Buildings List".
Complete Window Inspection Process
After receiving the notice, owners simply need to follow the steps below in order.
Step 1: Receive a statutory notice and appoint a qualified person (QP)
Upon receiving the notice, the property owner must appoint a "qualified person" (QP) to conduct an inspection within the specified timeframe. A QP is not an ordinary renovation worker; they must be professionals or contractors listed in the Buildings Department register, including authorized persons, registered structural engineers, registered inspectors, or relevant registered contractors. The owner can request to see their "window inspection card" to verify their identity. If the unit is rented, the tenant has a legal responsibility to forward the notice to the owner and cooperate with the inspection.
Sample window inspection card (front) before the implementation of the electronic registration certificate
Sample window inspection card (front) after the implementation of the electronic registration certificate
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Step 2: QP Conducts Prescribed Inspection
The QP must personally inspect all windows within the unit, excluding interior glass partitions and glass curtain walls. The inspection focuses on key components affecting window safety:
| Component | Inspection Criteria |
|---|---|
| Glass Panels | Whether damaged or cracked |
| Window Frames and Sashes | Whether deformed, unstable, or difficult to open/close |
| Window Hinges | Whether deformed, missing, or severely corroded |
| Rivets, Screws | Whether loose, missing, or showing grayish-white powdery substance (oxidation) |
Please note that although window waterproofing seals are not part of mandatory repair, if they have aged and caused water seepage, the QP typically recommends addressing them together.
Step 3: Follow-up After Inspection
Situation One: No Repairs Needed
If the window is safe, the QP must submit the specified form (MWI 2a) to the Buildings Department within 14 days as proof, and provide the form to the owner, completing the process.
Situation Two: Repairs Needed
If it is found that the window requires repairs, the owner must separately appoint a "Registered Contractor" (Registered General Building Contractor or Registered Minor Works Contractor) to carry out the work under the supervision of the QP. After completion, the QP will submit the relevant certificate to the Buildings Department, completing the entire process.
See More: 【Second-Hand Building Inspection】Complete Guide to Avoiding Pitfalls When Taking Over a Property: 5 Key Defect Points to Check, Farewell to "Makeup Buildings"
Window Inspection Has a Deadline, Beware of Overdue
The Mandatory Window Inspection Scheme has strict implementation deadlines, property owners must pay attention:
- Individual Unit Windows: Complete inspection and any necessary repairs within 6 months from the date of notification issuance.
- Building Common Area Windows: Complete within 9 months from the date of notification issuance.
After successfully completing the process, the Buildings Department may issue the next window inspection notification at the earliest 5 years later.
Spot Checks and Penalties
The Buildings Department will conduct random spot checks to ensure compliance with regulations. Owners who fail to comply with statutory notices without reasonable excuse face severe consequences:
- Non-compliance with notices: May be prosecuted, with a maximum penalty of a $25,000 fine and 3 months imprisonment. During the period of the offense, an additional daily fine of $2,000 may be imposed. Simultaneously, the Buildings Department has the authority to appoint contractors to conduct inspections and repairs on behalf of the owner and then recover all costs plus an additional fee of up to 20% from the owner.
- Refusal to share costs for common parts: If an owner has no reasonable excuse, they may be fined $25,000.
- Obstruction of inspection work: Any owner or tenant who prevents or refuses entry by a QP or contractor for inspection or repair of a building may face a maximum penalty of a $10,000 fine and 6 months imprisonment.
Mastering the Full Process is Just the First Step in Avoiding Pitfalls
In summary, having a clear understanding of the official procedures, criteria, deadlines, and penalties of the "Mandatory Window Inspection Scheme" is the first line of defense in protecting your rights and avoiding being misled by unscrupulous businesses. However, this is just the foundation. How to avoid the common fee traps from window inspection companies on the market's blacklist? The next article will delve into these "practical" issues.
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*** This article is reprinted with permission from Renovation Guru ***