Appeal Tribunal, Buildings Ordinance [Chapter 123 of the Laws of Hong Kong]

General Information

• Overview
• Reference Information on General Procedures of Appeal
  • Notice of Appeal
  • Statement of Particulars
  • Representations of the Building Authority
  • Extension of Time Limits
  • Dismissal of an Appeal owing to Appellant's Failure to furnish Statements, Particulars, etc.
  • Hearing
  • Authorization
  • Determination of Appeal
  • Costs
  • Service of Documents
  • Withdrawal of Appeal
• Contacts

Attention: This webpage is published by the Secretariat to the Appeal Tribunal (Buildings) for general reference on the operation of the ATB only and should not be regarded as a complete or authoritative statement of law or practice of the ATB. If you need legal/professional advice on respective appeal cases, you should consult your lawyer or other professionals, as appropriate.

Overview

The ATB is constituted under section 48 of the Buildings Ordinance, Chapter 123 of the Laws of Hong Kong (“the Ordinance”) for the purpose of hearing and determining an appeal.

An appeal to the ATB IS：-

• an appeal against a Building Authority’s decision by a person aggrieved by that decision (“the Appellant”).
• a legal action, and has legal consequences for the Appellant;
• similar to other legal actions, it can be time-consuming and may incur substantial costs;
• a statutory means by which a Building Authority’s decision is challenged; and
• governed by the Building (Appeal) Regulation, Chapter 123L of the Laws of Hong Kong (“the Regulation”).

The ATB：

• consists of a Chairman and not less than two Members;
• is an independent establishment;
• IS NOT the Building Authority nor under the purview of the Building Authority;
• IS NOT the party who issues the Building Authority’s decision/Order/Notice;
• DOES NOT generally supervise the Building Authority in the performance of its duties and other functions under the Ordinance;
• DOES NOT handle enquiries or complaints regarding the Building Authority and its decision/Order/Notice; and
• DOES NOT provide assistance or advice in legal, mediation or mitigation matters to the Appellant.

An electronic database of the Ordinance and its regulations is available on the Internet at www.elegislation.gov.hk/. A copy of the Ordinance and its regulations is also available in Hong Kong public libraries.

A Flowchart for General Appeal Procedures

Notice of Appeal

In general, a person who is aggrieved by any decision made by the Building Authority in the exercise of a discretion conferred on him under the Ordinance may exercise the right of appeal by giving a NoA in writing in the prescribed manner to the Secretary, which is to be received by the Secretary not later than 21 days after the date notification of the decision is sent to the Appellant.

The Appellant should serve on the Secretary the NoA:-

1. by registered or ordinary mail to the Secretary's office; or
2. by facsimile transmission; or
3. in person.

A copy of the NoA should also be served on the Building Authority within the 21-day period.

In general , an NoA shall contain information on the following :

1. the Building Authority's decision/Order/Notice against which the appeal is made, such as date and reference number, etc.;
2. subject premises of the Building Authority's decision/Order/Notice;
3. personal particulars, such as name , Hong Kong Identity Card number, correspondence address, telephone and facsimile number of the Appellant or his/her authorized representative, if any;
4. signature of the Appellant or his/her authorized representative, authorized signature and company chop if the Appellant is a registered company.

Appellants are suggested to mark clearly on the top of the NoA with the title “Notice of Appeal” for easy reference. Alternatively, Appellants may make use of the NoA form to lodge the appeal.

The signature specimen of the NoA and other appeal documents should tally.

Statement of Particulars

Within 28 days beginning on the date the NoA is given, the Appellant shall furnish to the Secretary an SoP, and serve a copy of such to the Building Authority, containing :

1. the particulars of the decision to which the appeal relates;
2. the grounds of appeal if they have not been specified in the notice of appeal;
3. a detailed description of the matter to which the appeal relates;
4. a description of each document the Appellant intends to produce at the hearing;
5. where relevant, the address and description of any property or land to which the appeal relates and a statement of the interest of the Appellant in that property or land; and
6. the particulars of the witnesses the Appellant intends to call on his behalf at the hearing. In submitting the NoA, the Appellant may furnish the SoP to the Secretary together, if available. The title “Statement of Particulars” should be marked of the top of the SoP for easy identification.

Representations of the Building Authority

Upon receiving a copy of the Appellant’s Statement of Particulars, the Building Authority shall within 28 days furnish to the Secretary the Representations. The Building Authority shall serve a copy of the Representations on the Appellant.

Extension of Time Limits

The Tribunal Chairman may exercise his power, to extend the following time limit specified in the Regulation upon application by a party :

1. The time limit for the Appellant to furnish to the Secretary the SoP;
2. The time limit for the Building Authority to furnish to the Secretary the Representations;
3. The time limit for the parties to request the other party for further particulars; and
4. The time limit for the parties to comply with the request for further particulars from the other party.

However, the time limit to lodge an appeal (i.e. serving the NoA on the Secretary) cannot be extended.

Dismissal of an Appeal owing to Appellant's Failure to furnish Statements, Particulars, etc.

The ATB may dismiss an appeal where the ATB is satisfied that the Appellant has failed to :

1. serve a copy of the NoA on the Building Authority not later than 21 days after the date notification of the decision is sent to the Appellant;
2. furnish a SoP to the Secretary or serve a copy of it to the Building Authority within 28 days beginning on the date the NoA is given or, where appropriate, within the extended period; or
3. comply with a request to furnish further particulars by the Building Authority within 14 days beginning on the date the notice of request is served or, where appropriate, within the extended period.

Hearing

In general, upon receiving the Appellant’s SoP and the Building Authority’s Representations, the ATB may, in any case where it considers appropriate to do so, hold a preliminary hearing or a full hearing.

Not less than 21 days before the date fixed for a hearing, the Secretary shall notify each party in writing of the date, time and venue for the hearing.

Hearing of an appeal shall generally be held in public.

Authorization

The Appellant may be present and make representations at the appeal hearing.

The Appellant may be represented either by counsel or a solicitor, or with the Chairman’s approval, by any other person authorized in writing. The Building Authority may be represented by a legal officer within the meaning of the Legal Officers Ordinance, Chapter 87 of the Laws of Hong Kong.

Determination of Appeal

In a preliminary hearing, the ATB shall determine whether good cause has been shown for holding a full hearing. If the ATB determines that good cause has not been shown for holding a full hearing it shall dismiss the appeal but shall otherwise hold a full hearing.

In a full hearing, the ATB may make an order confirming, varying or reversing the decision that is appealed against or make such other order as the ATB thinks fit.

Costs

Upon determining an appeal, the ATB may make such order as to costs as it thinks fit. In general, the Tribunal may order costs to follow the events.

Service of Documents

Service on the ATB (or the Secretary) and the Building Authority

The service shall be effected by serving it in person or by registered post addressed to the Secretary and the Building Authority at their respective offices.

Service on the Appellant or any other person

If the recipient is an individual, the service shall be effected by serving in person or by registered post addressed to him at his last known place of residence.

If the recipient is not an individual, the service shall be effected by registered post to its registered address or last known place of business.

Underpaid mail items

Underpaid mail items are subject to surcharge by Hongkong Post. The Secretary to the Appeal Tribunal will not accept underpaid mail items, which will be returned to the sender (with return address) or disposed of (without return address) by the Hongkong Post. For proper delivery of your mail items to the Secretary to the Appeal Tribunal, and to avoid unnecessary delivery delay or unsuccessful delivery, please ensure your mail items bear sufficient postage with return address before posting.

For service of the NoA, please refer to the relevant section.

The Appellant should inform the Secretary and the Building Authority of any change to his address for service and contact methods as soon as possible.

Withdrawal of Appeal

The Appellant may withdraw his appeal or abandon any part of it by giving notice in writing to the Secretary. The Appellant shall also serve a copy of the notice of withdrawal on the Building Authority as soon as practicable.

Download Notice of Withdrawal of Appeal

Contacts

Secretary to the Appeal Tribunal

Contact Information of Secretary to the Appeal Tribunal

Address:	Rooms 1005-06, 10/F, Wing On Kowloon Centre, 345 Nathan Road, Kowloon, Hong Kong
Telephone number:	3579 2270
Fax number :	3579 4971

Building Authority

Buildings Department

Contact Information of Buildings Department

Address:	General Enquiry and Receipt Counter, G/F, Buildings Department Headquarters, North Tower, West Kowloon Government Offices, 11 Hoi Ting Road, Yau Ma Tei, Kowloon
Telephone number:	2626 1616
Fax number :	2537 4992

The Independent Checking Unit of Housing Department

Contact Information of The Independent Checking Unit of Housing Department

Address:	8/F, Lung Cheung Office Block, 138 Lung Cheung Road, Wong Tai Sin, Kowloon, Hong Kong
Telephone number:	3162 0597
Fax number :	3162 0069

Attention: The contacts provided are for matters that are related to appeal to the ATB. The ATB is NOT the Building Authority. It is generally NOT the function of the ATB to handle enquiries or complaints regarding the Building Authority; nor to provide assistance or advice in legal, mediation or mitigation matters to the Appellant. For enquiries with the Building Authority, one should communicate with the Building Authority (Buildings Department / Housing Department) directly.