Property Management Services Authority “Handling Building Works” Code of Conduct to be Gazetted and Take Effect Tomorrow

The PMSA has formulated the Code of Conduct and its respective Best Practice Guide in consultation with the PM industry, owners’ organisations, the Buildings Department and the Construction Industry Council and has appropriately reflected the feedback received from the consultation in the Code and Guide so that the content is more comprehensive, pragmatic and suitable for the use of the industry, and licensed PMCs can better understand how to carry out or deal with building works.

Chairperson of the PMSA Dr James WONG said, “Building works carried out in private properties are regulated by the Buildings Ordinance (Cap. 123) in order to ensure that the concerned planning, design and construction all meet the statutory safety standards. A licensed PMC has to, in respect of the property for which PM services are provided by it, remind the owners’ organisation / owners that they have full and ultimate duty regarding building works (including repair, maintenance, alteration and addition works) carried out in the concerned property, and the common parts and facilities owned by them, and shall fulfil such duty in accordance with the Building Management Ordinance (Cap. 344) and the Deed of Mutual Covenant of the property.”

The Code and Guide provide clear and detailed guidance for licensed PMCs on how to handle building works carried out in common parts of the property, how to handle building works carried out in individual flats of the property, monitoring building works carried out in the property and keeping record, notification and follow-up work regarding the building works, handling discovery of UBW, dangerous / defective building or defective drainage system and how to handle and follow-up orders / notices issued by the Buildings Department regarding the property. In addition, the Guide also recommends a licensed PMC should, so far as reasonably practicable, assist to mediate disputes between property owners arising from carrying out building works.

Furthermore, the PMSA is very concerned about property safety and has recently collaborated with the Buildings Department to publish “Building Maintenance Management Tips” which provides reference and guidance for PMCs regarding their role in building maintenance, handling relevant complaints, following-up on dilapidation / UBW in common areas, dilapidation / water seepage / UBW in flats, renovation in flats and assisting inspection and enforcement by the Buildings Department, as well as owners’ obligations in relation to the above. For details, please refer to the Buildings Department’s website: https://www.bd.gov.hk/doc/en/resources/pamphlets-and-videos/BMMT_e.pdf

Besides the aforementioned Code and Guide, the PMSA has already issued a total of 19 Codes of Conduct and their relevant Best Practice Guides regarding various PM aspects, including “General Code of Conduct”, “Complaint Handling Mechanism of Property Management Companies”, “Effective Control over Property Management Business by Property Management Companies”, “Handling Moneys Received on behalf of Clients by Property Management Companies”, “Obligations of Property Management Companies regarding the Ending of their Appointment”, “Prevention of Corruption”, “Prescribed Conditions on Licences”, “Protection on Personal Data”,  “Handling Payment for or Arranging Payment to be Made by Clients”, “Provision of Prescribed Information and Financial Documents to Clients” , “Carrying out Procurement for Clients and Prevention of Bid-rigging”, “Handling Emergencies”, “Handling Scaffolding Works”, “Handling Suspended Working Platform Works”, “Handling Outsourced Property Management Services”, “Prevention of Corruption – Staff Recruitment and Management”, “Distribution and Display of Promotional Material”, “Tree Management Work” and “Obligations of Property Management Company under the Building Management Ordinance”.

The above Codes of Conduct and Best Practice Guides can be downloaded from the PMSA webpage: https://www.pmsa.org.hk/en/regulatory-framework/codes-of-conduct

The PMSA will continue to issue other Codes of Conduct and Best Practice Guides timely, covering different PM areas in order to provide guidance to the industry, including but not limited to the following: