HK$2 million fine, 2 years’ jail proposed for illegal structures in Hong Kong

Hong Kong landlords may face a fine of up to HK$2 million (US$257,220) and two years behind bars if they are convicted of illegally building a basement or other significant structures, while ignorance will no longer be a defence under a plan to toughen the applicable laws.

In the proposed amendment to the Buildings Ordinance laid out on Friday, the Development Bureau also introduced a new offence that would require owners be held liable for having what is called a “severe” unauthorised structure on their property, regardless of whether they built it.

Those who assist residents in taking ownership of properties with illegal structures, such as property agents and lawyers, would also be held accountable.

At present, authorities can only prosecute landlords who ignore removal orders for illegal structures.

The bureau said the proposed maximum penalty for the new offence would be at least HK$1 million for owners convicted in the District Court or High Court, while sentences handed down by magistrates would be capped at a HK$300,000 fine and two years in jail.

The proposed changes to the law came after record-breaking rainfall in September last year exposed the extent of illegal structures at luxury homes in Redhill Peninsula. Dozens of homes were found to have illegally constructed basements, swimming pools or even additional floors.