rooftop terrace renovation

Posted by jessegirl (201 days ago)

We are in process of finalizing paperwork on a lovely flat with huge rooftop. Even though we will be renting, we want to build a semi-permanent tempered glass/aluminum roof lean-to structure on part of the roof to allow for all-weather use.(and btw...already tried to get landlord to cover this or offer rent reduc. It was a no-go..but they will allow us to do it ourselves.

Questions:
--Since this will be a minimal semi-permanent structure is it still illegal without building permit?
--anyone with experience building or hiring contractors for this type of structure before? We have been advised to the aluminum stores on Lockhart Rd. in Wanchai.
--our budget is 10-20k and of course we want it cheap, but safe and stylish :)

any comments/advice would be much appreciated.

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Posted by JJChan (201 days ago)

This type of structure will be deemed illegal. You would require planning permission to errect it. That said, few people would apply for permission and would go ahead and it is unlikely that the Buildings Dept would take any action, unless it was reported by a neighbour - then you would be required to take it down. Should you go ahead with out planning permission, do make sure it is typhoon proof or take out very good insurance as if it causes damage or hurts a pedestrian you would be liable for prosecution.

Good Luck with it.

Posted by Adfundum (201 days ago)

as in all this Buildings is no spare of GFA, you have no chance that the structure will be approved from the Building Department. Also be aware that no insurance will pay any penny when some bad things happened as the structure is illegal.

Posted by jessegirl (201 days ago)

very wise words from both of you. And yes I have read that even if you get building approval it can take up to a year. Not worth it! i have been told the structure would be typhoon proof...but not sure I want to take the word of a contractor eager to do a project. Think I will move in first and ponder this one for a while. thanks!

Posted by Adfundum (201 days ago)

We making A&A work all the time in Hong Kong. Such application takes not more than 3 month, but for your project there is just no chance to get it approved. The structure itself built typhoon proof is not a problem, but sure not for 10-20k$

Posted by Patrick Yiu (200 days ago)

The Building Authority has set up a swap team to crack down illegal structure, first target is Happy Valley. Wong Nai Ching Rd and Ventris Rd already been swept, all illegal structure have to come down within 2 months. Many of them stayed for decades without problem still have to be removed.

I wouldn't suggest you to take the chance, then have to spend money to take it off later.

Posted by JJChan (200 days ago)

That is interesting information Patrick. Recently a friend of mine looked at a flat in Happy Valley with a view to purchase. It was really nice but two parts of it were an illegal structure, but as it had been in place for over 12 years he didn't think it would be a problem - can you imagine just purchasing a new property and being told to dismantle most of it - Luckily I talked him out of it. The moral of the story is don't buy a property with an illegal structure unless you are willing to waste a million or two, three ....................................

Posted by Patrick Yiu (200 days ago)

Take it easy, your friend can still buy the property, only need to prepare the cost for the renovation, consider this is part of the purchase price. Making sure the seller realize the siutation, not taking this for granted.

Posted by JJChan (200 days ago)

Why would my friend want to buy it, when you are buying a 1,000 sq ft and the illegal structure takes up 500sqft of it , he would be a little short of space being told to take it down let alone out of pocket I would have thought.

Posted by Kingswood Country (199 days ago)

:
--Since this will be a minimal semi-permanent structure is it still illegal without building permit?
--anyone with experience building or hiring contractors for this type of structure before? We have been advised to the aluminum stores on Lockhart Rd. in Wanchai.
--our budget is 10-20k and of course we want it cheap, but safe and stylish :)

I think your budget is way way too low, a glazed aluminium overhead awning of 200ft2 area, will cost you at the very least 35K. Add timber decking for 500FT2 add another 20K, plants about 5K, aggie pipe for drainage, lighting, gravel stone, soil, BBQ and patio furniture, another 10K.

Thats a conservative total of $70K for a structurally sound and very stylish roof top covering a 500ft2 area. Also the looming risk of being told to remove the awning if you get caught, as anything above the original buildings external perimeter wall, will be illegal.

We took that risk, and have had much enjoyment provided by this great exterior space, but there is a possibility we will have to remove the awning one day, which will suck as its been marvelous drying cloths in all weather and provides a fantastic wind breaker.

You certainly enjoy having a nice rooftop on days like today.. La belle vie :)

Posted by Sarah99 (198 days ago)

Following on from the reply by Patrick we are also looking at buying a property with a terrace with a flat rood structure on, this predates the building ordinance by a significant number of years (it is 25years old) but no rates have been paid on the additional part of the property that was not on the original floor plan.

The flat next door has recently been purchased and has the same situation the owners are completely renovating the whole are - original flat together with the flat roof structure. Our agent is telling us that the contractor renovating the next door flat has checked it out and the additional flat roof structure on the terrace is "legal" due to the number of years it has been there - is this true and is there anyway we can double check it?

Thanks for you help

Posted by walkup (198 days ago)

Bottom line is no, its not true and there is no point chasing for an elusive second opinion....however HK is full of apartments with illegal structures and as long as you are willing to bear some element of risk then proceed with the sale, assuming that this apartment is the one you really want. What is the flat roof structure currently in place and what are your plans?

Posted by Patrick Yiu (196 days ago)

Sarah99, A simple way to test if the structure is legitimate. Ask the owner to provide the deed and floor plan which signed by an architect with a chop from the architect firm. Request to input a clause on your provisional agreement regarding the statement your agent has made for erected structure is approved by the Building Authority.

This is not a murder case, Building Authority doesn't acquitted illegal structure overtime.

Posted by Geraldo (195 days ago)

Agree with above post - if the structure is legal there should be a floor plan signed by the architect and a chop from the Buildings Department.
Buildings Department are certainly getting more active but procedures seem pretty slow.

Posted by mattxpat (152 days ago)

To Patrick Yui, May I ask where you got your info about the building department blitz on illegal structures in happy valley? Is it all illegal structures or just the unsafe ones having to be removed?

Posted by oldhand (149 days ago)

@ Kingswood Country - if is an awning, that can be retracted you are safe. BD and DLO are not interested in awnings that can be retracted/collapsed. Of course you should still have some decent insurance to cover yourself for during the typhoon season.

Posted by Linde824 (144 days ago)

Now, the Building Authority is sub-contracting the reviewing of illegal structures to outside companies. They just report to the Building Authority and all the BA has to do is to give an Order to you and register the Order to the Land Registry so any potential buyer will be notified that there is any unsettled incumbrances.