What to Do When You Receive a DH Order

 
     
 
BACKGROUND
  
  
Lack of maintenance of slopes and retaining walls (collectively referred to as slopes in this Note) is a major contributory factor to many landslides in Hong Kong. Many slope failures might have been avoided if owners of the slopes had taken action to inspect and maintain them.

Regular maintenance of slopes is necessary to keep slopes safe, just like a motor car which needs servicing. If no maintenance is carried out, conditions of a slope will deteriorate. Slope repair works are necessary when slopes have deteriorated to a situation which is beyond maintenance and which becomes dangerous or liable to become dangerous .

Lot owners are responsible for slope repair works, slope inspection and slope maintenance. This responsibility covers slopes within the owned lots, plus slopes and adjoining land if it was cut into or formed as part of the development, if it could pose a potential hazard to the development, or as otherwise specified in the lease conditions.

Private owners are required by law to carry out the necessary slope repair works. Under Section 27A of the Buildings Ordinance, a Dangerous Hillside Order or DH Order may be served on slope owners to carry out the required works, if the slopes within their lots under their responsibility, are found to be dangerous or liable to become dangerous . Situations which are not considered dangerous but which are of concern are dealt with by the issue of an Advisory Letter.

This Note concerns the engagement of geotechnical specialists to comply with the requirements of the DH Order. It does not cover the engagement of Authorised Persons (AP)/Registered Contractor (RC) to comply with the administrative requirements of the Buildings Ordinance and Regulations. An extract of the brief note by the Buildings Department on how to select AP and RC is given in
Appendix A.

DH Orders are served by the Building Authority (BA), at the recommendation of the Geotechnical Engineering Office (GEO) of the Civil Engineering Department (CED).

A DH Order will be served in two stages. In the first stage, owners are required to carry out an investigation and submit slope works proposals to the BA for approval. Depending on the scale of works, private owners are normally given two months to initiate the investigation and three to six months to conduct the investigation and report to the BA. On approving to such proposals, another Order may be served in the second stage for the owners to carry out such works within a specified time. 

If owners do not carry out the investigation by the date specified in the first Order, the BA may carry out the investigation and any subsequent works as default works and may recover the costs plus supervision charges from the owners, under Sections 32A & 33 of the Buildings Ordinance. The BA may also prosecute any person who fails to comply with the Order without a reasonable excuse under Section 40(1B) of the Buildings Ordinance.
 
     
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