Buildings officials say they do not have the power to stop developers using the marketing ploy of designating flats built slightly above the ground as 'podium floor' units until a law regulating property descriptions is introduced.
Secretary for Development Carrie Lam Cheng Yuet-ngor said yesterday the government was finalising a law to regulate the sale of flats and the information detailed in brochures. One of the provisions would force developers to provide details of the distance between the lowest residential floor of a block and the ground.
'This is to better protect the rights of consumers,' she told the Legislative Council.
Lam made her remarks after developer Cheung Kong was accused of misleading buyers at its Oceanaire project in Ma On Shan, following complaints from buyers who found that their 'podium-level' flats were actually at the same level as the road, a few metres away.
Lam told lawmakers the government had approved the description because of the sloping terrain the development was built on. The flats were built higher up the slope than the clubhouse building, with the lowest residential floor being at the same level as the fifth floor of the clubhouse. Therefore the numbering of the floors was consistent throughout the development.
Buyers say they spent between HK$5 million and HK$7 million on flats with a view of the road, rather than the sea view they had expected. One woman said a model at Oceanaire's showroom showed the tower sitting on top of a podium, facing a lawn.
Roy Tam Hoi-pong, of environmental group Green Sense, said Lam's explanation was unacceptable.
