Purpose

This paper advises Members of the progress of the rectification of defects associated with soil settlement at On Ning Garden, a Private Sector Participation Scheme (PSPS) project in Tseung Kwan O.

Background

2. The developer of On Ning Garden has undertaken to carry out maintenance and repair works caused by soil settlement for a period of ten years (up to December 2000) at its own expense. Subsequent to a dispute between the developer and the owners of On Ning Garden, the Housing Department conducted last year an investigation into the cause of the 266 defects reported by the owners and found that 96 defects had been caused by soil settlement. The Housing Department demanded the developer to rectify the 96 defects associated with soil settlement.

3. Since the developer failed to comply with the undertaking to rectify any of these defects at its own expense within the prescribed time, Housing Department commenced the repair work on 29 November 97. In order to ensure smooth progress of the repair works, the Housing Department has formed a liaison group with the owners corporation to co-ordinate arrangements for the repair works.

Present situation

4. The Housing Department has now completed rectification of all known defects associated with soil settlement except a section of a covered walkway pending the result of a television survey on the underground drainage. Liaison meetings have been held regularly to resolve problems involved in the repair works.

5. While identifying defects caused by soil settlement, the professional staff of the Housing Department conducted an investigation into the structural conditions of the buildings at On Ning Garden in October last year. The findings show that the buildings are structurally safe. The Buildings Department has reviewed the case and considered that there is no need for further inspection to be conducted now. However, the case will be kept under review so that any unforeseeable change in safety conditions of these buildings can be detected and dealt with in good time.

6. The methods and standards for the current repair work at On Ning Garden are the same as those used by the Housing Department in other Housing Authority estates. To alleviate the concern of the owners, the Housing Department will carry out a television survey of the underground drainage system and will also monitor the condition of settlement, if any, by setting up monitoring devices at strategic locations.

Way forward

7. The Housing Department will continue to carry out repair work related to soil settlement if the developer fails to comply with their ten year undertaking up to December 2000, and the Housing Department will seek recovery of costs from the developer.

8. The Housing Department will continue to hold regular liaison meeting with the owners to discuss arrangements for the repair work.

9. Regarding defects not related to soil settlement, the Housing Department will also review the causes of the remaining defects individually and carry out necessary rectification work if the owners are able to provide new evidence or professional justification that these defects are caused by soil settlement. Meanwhile, the owners have the right to take action against the developer if these defects prove to be latent ones. The Housing Department will mediate between the owners and the developer if both parties so wish.



Housing Department
March 1998