Q&A: what makes an ‘illegal structure’ in Hong Kong, and how you can change a flat without breaking the law
Buildings Department website keeps a register of professionals authorised to perform alterations, such as architects, building surveyors and structural engineers
Nathan Lee is chairman of the board of RICS Hong Kong, a building surveying, project management and environmental professional group. He talks about ways to legally alter the structure of a flat.
What is an illegal structure?
According to the Buildings Ordinance, all building works, including alterations and additions carried out on private premises, must have been approved by the Buildings Department. Therefore, all building works made without approval are considered as unauthorised structures or works.
Before purchasing a home, how can I determine if it contains illegal structures?
Ask the estate agent, as he or she is legally responsible for telling you the property’s condition to the best of his or her knowledge. If you want to check yourself, you could obtain a land search from the Land Registry and the latest building plans from the Buildings Department, and check it against the existing layout or structure of the property, especially the rooftop. You may also hire a professional, usually an authorised person recognised by the Buildings Department, to do the job for you.
What if I want to install racks on the balcony, combine two units, add a staircase, or build a greenhouse?