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Hong Kong housing
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Can tradeable land rights be the solution to Hong Kong’s housing crisis? These two legal researchers think so

  • The idea involves two steps: first, the government allocates 50 square feet of land as transferable development rights (TDRs) to every permanent resident
  • Secondly, the tradeable TDRs can be pooled by real estate developers into lots that can support the construction of residential property

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Aerial view taken from Hung Shui Kiu towards Northeast direction towards Ping Shan where the liber research community identified the largest brownfield cluster in the New Territories, on March 15, 2018. Photo: Roy Issa
Peggy SitoandSandy Li

Two researchers are proposing an idea to revolutionise Hong Kong’s land-use laws, floating an idea that could help to unlock and convert the city’s swathes of farmland into residential land and help alleviate the city’s chronic affordability problem.

The idea involves a two-step process: first, the government needs to allocate 50 square feet (4.6 square metres) of land in the form of transferable development rights (TDRs) to every eligible Hong Kong permanent resident. Secondly, the tradeable TDRs can be pooled by real estate developers into lots that can support the construction of residential property, according to Hong Kong University’s professor of law Qiao Shitong, and the New York University’s law professor Roderick Hills Jr. The plan could even be used for building public housing for low-income households.

“Housing in Hong Kong is among the least affordable in the world, and the problem is not the lack of land, but lack of development,” Qiao said in an interview with South China Morning Post, adding that the TDR could be quicker and cheaper than the local government’s HK$624 billion (US$80 billion) Lantau Tomorrow plan to build homes on reclaimed land. “Why reclaim new land at such high cost when existing land is just sitting there ready for new construction?”

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The idea is the latest attempt to cut the Gordian Knot of Hong Kong’s housing, which was declared a top policy priority by Carrie Lam Cheng Yuet-ngor when she first took over as the city’s chief executive in 2017. The city of nearly 8 million residents – permanent and temporary – is also the world’s least affordable major urban centre to live in, topping global rankings for 10 consecutive years according to the Demographia International Housing Affordability Study’s annual ranking.
A tradeable TDR is not entirely new: similar schemes are in use in New York, Shenzhen and Chengdu, according to Qiao and Hills. The plan allows property owners to sell unused TDRs to developers or anybody else in the position to use them to increase the density of development at another location. The proposal would allow the entire eligible population of Hong Kong’s permanent residents to own the rights, Qiao and Hills said. They also proposed the establishment of an exchange platform for the TDRs to be traded, in the same way that carbon emission credits can be traded.
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