LCQ11: Work of the Joint Office for Investigation of Water Seepage Complaints
Following is a question by the Hon Kwok Wai-keung and a written reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (February 12):
Question:
Some members of the public have relayed that even through complaints about water seepage problems in building units have been lodged with the Joint Office for Investigation of Water Seepage Complaints (JO) formed by the Buildings Department and the Food and Environmental Hygiene Department, the problems remain unresolved because the occupants of the units suspected of causing water leakage cannot be found, or water seepage has recurred after JO’s intervention and handling of the cases. In this connection, will the Government inform this Council:
(1) of the following statistics on cases of water seepage in buildings handled by JO in each of the past three years: the respective numbers of reports (i) received and (ii) handled, (iii) cases with consultants engaged to conduct investigation, (iv) cases with the source of water seepage successfully identified and investigation completed, (v) cases with the source of water seepage not identified but investigation terminated, (vi) cases referred to other government departments, (vii) cases with Nuisance Notices issued, cases with (viii) Warrants to Effect Entry into Premises and (ix) Nuisance Orders issued by the court, and cases with (x) prosecutions instituted and (xi) convictions secured, and set out in the table below a breakdown by District Council district and nature of cases (i.e. (a) cases handled for the first time and (b) recurring cases (i.e. those with water seepage reportedly occurring at the same address as a case previously handled));
District Council district:
Case category | 2022 | 2023 | 2024 | |||
(a) | (b) | (a) | (b) | (a) | (b) | |
(i) | ||||||
… | ||||||
(xi) |
(2) of the respective average costs incurred by the JO in handling cases mentioned in (1)(iii) and (iv) in the past three years;
(3) given that according to the information of the JO, for simple and straightforward cases with the co-operation of the owners/occupants concerned, the investigation and tests can normally be completed within 90 working days, whereas for cases in which the investigation cannot be completed within 90 working days, the complainants will be notified of the investigation progress in writing, (i) whether the JO has broken down the 90 working days for handling cases into work stages and drawn up performance pledges for each of them; (ii) whether the JO will inform the complainants in writing of the relevant investigation and test results; if not, of the reasons for that; and (iii) among the cases mentioned in (1)(ii) in the past three years, of the number and proportion of those in which the investigation could not be completed within 90 working days;
(4) given that in the reply to a question raised by a Member of this Council on January 10 last year, the authorities indicated that most of the cases in which the JO could not complete the investigation within 90 working days were more complicated (e.g. involving more than one source of water seepage, repeated or intermittent water seepage, requiring multiple tests to identify the source, and failure of owners or occupants to co-operate with the investigation), whether the authorities have kept a breakdown of such cases by the reasons for not being able to complete the investigation within 90 working days; if so, of the details; if not, the reasons for that;
(5) whether the authorities have compiled statistics on, among the cases referred to other government departments as mentioned in (1)(vi) in the past three years, (i) the number of cases in which the handling has been completed as well as the average time taken to handle them, and (ii) the number of cases in which the handling has yet to be completed; if so, of the details; if not, the reasons for that;
(6) as it is learnt that at present, the JO is conducting on a trial basis Stage II initial investigation and Stage III professional investigation in parallel under the General Procedures for Investigating Water Seepage in six “pilot districts” (i.e. Wong Tai Sin, North, Yuen Long, Islands, Tai Po and Kwai Tsing Districts), and has introduced new testing technologies such as infrared thermography and microwave tomography at Stage III in most districts, whether the authorities will consider standardising the relevant procedures, extending such new testing technologies across the territory, and conducting the Stage II and Stage III investigation procedures in parallel in all districts, so as to enhance investigation efficiency; if so, of the timetable; if not, the reasons for that; and
(7) as there are views that water seepage or leakage caused by defective fresh water mains, gutters or waterproofing membranes at rooftops of buildings cannot be dealt with under the existing section 12(1)(b) of the Public Health and Municipal Services Ordinance (Cap. 132), resulting in JO having no alternative but to refer relevant complaints received to other government departments, and thus prolonging the time during which members of the public are subjected to nuisances, whether the authorities will consider amending the legislation to bring the aforesaid situation under the regulation of Cap. 132 or expanding the JO’s functions, so as to save the time required for referral of cases among government departments; if so, of the timetable; if not, the reasons for that?
Reply:
President,
If water seepage occurs in private buildings, the owners concerned may first co-operate among themselves to engage professionals/consultancy firms for carrying out water seepage investigation to identify the source of seepage and conducting necessary repair works to fulfill owners’ responsibilities of proper management, maintenance and repair of buildings. Consultancy firms or professionals are also available in the market to provide services for investigating and resolving water seepage problems. A list of consultancy firms and experts providing professional advice and services on water seepage problems has also been uploaded onto the websites of the Food and Environmental Hygiene Department (FEHD) and the Buildings Department (BD) for public reference. When the water seepage condition concerned has caused health nuisance, risk to structural safety of the building or water waste, the Government will intervene to handle the case in accordance with the Public Health and Municipal Services Ordinance (Cap. 132) (PHMSO), the Buildings Ordinance (Cap. 123) (BO) and the Waterworks Ordinance (Cap. 102) respectively.
If owners are unable to resolve water seepage problems in consultation with their neighbours, they can seek assistance from the Joint Office (JO) jointly set up by the FEHD and the BD. Through inter-departmental co-ordination, the JO seeks to identify the source of water seepage using one-stop and systematic testing methods and require the owners concerned to carry out repair works by exercising the powers conferred by the law, leveraging the expertise of relevant departments and with co-operation of the owners or occupants concerned.
Having consulted the Environment and Ecology Bureau and the FEHD, the replies to the various parts of the question are as follows:
(1) The investigation of water seepage cases in buildings by the JO can be divided into the following stages (Note):
Stage I: Identify the water seepage situation;
Stage II: Conduct initial investigation; and
Stage III: Conduct professional investigation.
The statistics of water seepage cases in buildings and repeated reports handled by the JO in each of the past three years are set out at Annex.
(2) The manpower and expenses involved in handling each water seepage case by the JO vary, depending on factors such as the complexity (e.g. water seepage involving multiple sources of seepage or intermittent seepage), the investigations required for each case (e.g. not all cases will undergo Stage II or III investigations). The need to engage consultancy firms to assist in professional investigations also requires appropriate arrangements to be made in light of the actual circumstances (e.g. internal renovations of the premises affected by the water seepage), and the cost of each case also varies. Although the JO does not compile statistics of the relevant average cost, the annual cost of engaging consultancy firms for Stage III investigation is about $40 million.
(3) For cases that are simple and easy to handle (i.e. officers can access the premises for investigation, there is no difficulty in tracing the source of water seepage, multiple sources or multiple tests are not involved, and there is no need to confirm the test results of the source of water seepage with government laboratories) and where the owners/occupants concerned are willing to co-operate in the investigation, the performance indicator of the JO is to complete the investigation within 90 working days from the receipt of the report and to notify the informant of the investigation results in writing.
Although the JO has not set specific performance pledges for each of the stages mentioned above, for such simple cases, investigation can generally be completed within 90 working days: the processing time for Stage I was six working days, 32 working days for Stage II, and 52 working days for Stage III.
Based on statistics of reported cases received, including those simple and easy to handle as well as those relatively complicated cases, the percentage of cases in which investigation could be completed within 90 working days from the receipt of the report and the informant could be notified of the investigation result was 70 per cent, 68.5 per cent and 65.4 per cent in 2021, 2022 and 2023 respectively. The corresponding figures for cases that could not be completed or for which the informant could not be notified of the results within 90 working days were 30 per cent, 31.5 per cent and 34.6 per cent respectively.
In addition to the performance indicator mentioned above, the existing performance pledges of the JO include contacting the informant within six working days upon receipt of a case about water seepage to arrange for investigation at the premises concerned; and issuing a Nuisance Notice within seven working days upon verification of the investigation results on the source of the water seepage nuisance.
(4) The progress of investigation depends on multiple factors, including the complexity of cases. For example, a case may involve more than one source of water seepage, repeated or intermittent water seepage requiring multiple tests to identify the source, and co-operation of owners or occupiers with the JO’s investigation. Moreover, each case may involve more than one factor. The JO does not compile statistics on the reasons affecting the progress of investigation.
Nevertheless, the JO will continue to optimise the workflow for handling water seepage cases to expedite investigation. In terms of regulations, the Government is working on amending the relevant legislation on environmental hygiene, which include proposals to extend the time for entering premises suspected of causing public health nuisance (including water seepage in buildings) to the evening, as well as making non-compliance with the Notice of Intended Entry issued by government officers illegal, so as to enable government officers to promptly enter the relevant premises for investigation.
In terms of the handling process, the current procedure involves conducting Stage I and Stage II investigations first, and only proceeding to Stage III professional investigation if the water seepage source cannot be identified. The JO has implemented a pilot to carry out in parallel Stage II and Stage III investigations in six pilot districts, namely Wong Tai Sin, North District, Yuen Long, Islands, Tai Po, and Kwai Tsing. Under this arrangement, Stage III professional investigation can be carried out earlier without waiting for the results of Stage II investigation, which aims to reduce the investigation time required for most of the applicable cases by approximately 30 per cent from 90 working days to about 64 working days.
(5) Cases are referred to the relevant departments for appropriate follow-up and enforcement actions in accordance with their respective purview. For example, cases involving building structural issues, defective exposed drain pipes in buildings, or where suspected water seepage source involves “actionable” unauthorised building works will be referred to the BD; and cases involving defective water supply pipes will be referred to the Water Supplies Department (WSD). Therefore, the JO does not compile breakdown statistics of the number of cases completed by the relevant departments or their average processing time. The JO would explore the feasibility of periodically requesting the relevant departments to provide updates on the status of case processing.
(6) The JO is implementing the pilot to carry out Stage II and Stage III investigations in parallel in the six pilot districts as mentioned in Part (4) above. The JO will review the effectiveness of the new investigation mode in the pilot districts, continuously optimise relevant workflow and technical guidelines, and assess resources, manpower arrangement, and the availability of consultancy service providers with a view to considering gradual extension of the parallel investigation mode to more districts.
Infrared thermography and microwave tomography (advanced testing technologies) used during Stage III professional investigation are mainly for detecting the location and extent of the water seepage area and whether waterproofing facilities of floor slabs are defective. Up to December 2024, the JO has extended the use of advanced testing technologies as a preferred investigation tool in the stage of professional investigation for applicable cases in 16 districts and the relatively complicated cases in the remaining two districts. The JO will review the supply of relevant service providers in the market and extend the application of advanced testing technologies to applicable cases in the remaining two districts progressively. Nevertheless, under special circumstances where the advanced technologies cannot be applied effectively due to site conditions, such as spalling of ceiling concrete affected by water seepage, uneven surfaces or tile finishes, blockage by pipes or other facilities on the ceiling, the JO has to continue to employ the conventional testing methods (such as colour water test for drains or ponding test for floor slabs) in order to identify the source of water seepage.
(7) Upon receiving a report regarding water seepage in a building, the JO will send officers to the concerned premises to conduct inspections and tests. After confirming the source of the water seepage, if the source is a water nuisance specified in section 12 of the PHMSO, the JO would issue a Nuisance Notice to the owner(s) of the premises causing the water seepage problem. Other cases not involving nuisances under the PHMSO, including water seepage caused by water supply pipes, exposed drain pipes or rooftop issues, there is already a mechanism for referring the cases expediently in order to handle them effectively under the relevant regulations.
For example, in respect of water seepage cases caused by water supply pipes, the JO will immediately refer relevant cases involving continuous dripping or visible seepage of water supply pipes discovered during investigation to the WSD for follow-up in parallel. The WSD will investigate whether the cases has caused water wastage due to seepage in the water supply system. If so, the WSD will issue a repair notice to the registered user concerned in accordance with the Waterworks Ordinance and require them to repair the defective pipes within a specified period. If the user fails to comply with the requirements of the repair notice and complete the repair, the WSD will consider arranging disconnection of water supply.
In cases of water seepage caused by damaged waterproofing layers on building rooftops or rainwater pipes, if building structural safety hazards (such as spalling concrete from ceiling and rusty reinforcement) or problems with improper or defective exposed drain pipes (such as rainwater pipes or foul water pipes) are identified during the water seepage investigation, the JO will immediately refer the case to the BD for follow-up under the BO, including issuing advisory letters and/or building repair orders, investigation orders or drainage repair orders under the BO to the owners concerned. For defective buildings or drainage systems, any person who fails to comply with the statutory orders served on him under the BO for remedial works shall be liable to prosecution.
Note: Generally speaking, the JO carries out investigation on water seepage cases in three stages. Stage I investigation ascertains whether the moisture content of the water seepage areas reaches 35 per cent or above. The JO will not investigate reports of water seepage with moisture content below 35 per cent. If the moisture content reaches 35 per cent or above, Stage II investigation will be arranged. Stage I (confirmation of water seepage) and Stage II (initial investigation, including monitoring of moisture content at the water seepage areas, dye tests for drain pipes, and reversible pressure tests for water supply pipes) are carried out by JO officers. If the source of water seepage cannot be identified, Stage III professional investigation will be conducted. In Stage III, the JO will engage contract consultancy firms to assist in carrying out investigation, including monitoring of moisture content at the water seepage areas, ponding tests for floor slabs, water spray test on walls, and reversible pressure tests for water supply pipes. New testing technologies such as microwave tomography and infrared thermography will be employed for suitable cases. read more