HK Landlords Face HK$17,000 Fine for Ignoring Water Seepage Repairs
- Hong Kong landlords who fail to address water seepage affecting flats below them now face a minimum inspection bill of HK$17,000 (US$2,170) under a new pilot scheme.
- The initiative was launched by a joint office comprising the Food and Environmental Hygiene Department (FEHD) and the Buildings Department.
- Water seepage in buildings is generally attributed to a lack of proper maintenance or defective installations and fabric.
Hong Kong landlords who fail to address water seepage affecting flats below them now face a minimum inspection bill of HK$17,000 (US$2,170) under a new pilot scheme. The financial penalty applies if the owner takes no action within 28 days of receiving a notification letter.
The initiative was launched by a joint office comprising the Food and Environmental Hygiene Department (FEHD) and the Buildings Department. The program is designed to fast-track cases of water seepage by shifting the responsibility for inspection costs from the government to the flat owners who ignore the issue.
Responsibility and Management of Water Seepage
Water seepage in buildings is generally attributed to a lack of proper maintenance or defective installations and fabric. Under existing guidelines, We see the responsibility of the building owners to manage and maintain their properties.
When seepage is suspected to originate from a neighboring flat or an upper floor, affected residents are advised to approach the concerned neighbors to arrange for investigation and repair works. Those seeking further assistance may contact the building’s management firm or the Owners’ Corporation.
Property owners may also utilize legal consultants or building professionals to request that the person causing the seepage rectify the problem. Such requests can be made in accordance with the Deed of Mutual Covenant, or the affected party may lodge a claim for damages.
Governmental Role and Limitations
The Joint Office for Investigation of Water Seepage Complaints (JO) provides a mechanism for addressing these disputes, though its scope is limited by current legislation. Under normal circumstances, seepage caused by leaking water pipes or the penetration of rainwater through windows, external walls, balconies, flat roofs, or roofs is not considered a nuisance actionable by the Regional Joint Office under the Public Health and Municipal Services Ordinance (Cap. 132).
The JO typically carries out investigations by issuing nuisance notices or orders under Cap. 132. However, these are generally confined to cases involving nuisance to sanitary conveniences or willful damage to wells, cesspools and drains.
In private buildings, owners are encouraged to cooperate and engage consultancy firms or professionals to identify the source of seepage and conduct necessary repairs to fulfill their management and maintenance responsibilities.
Enforcement and Pilot Scheme Details
The new pilot scheme introduces a more aggressive timeline for resolution. Once a notification letter is issued, owners have a 28-day window to act. Failure to do so triggers the HK$17,000 inspection fee, which is intended to incentivize landlords to address the problem promptly rather than ignoring the impact on other residents.
The process involves several potential steps for enforcement and resolution, including:
- Issuance of notification letters to the suspected source of the seepage.
- The use of infrared thermography to identify the source of the leak.
- The issuance of nuisance notices if the criteria under Cap. 132 are met.
- Potential prosecution for owners who continue to ignore the requirements.
- Negotiation between owners to facilitate repair works.