Is it worth trying for planning approval?

Posted by notmyaisle (34 days ago)

We've bought a house in Sai Kung on a complex. Several of our neighbours have extended the front of the house on the ground floor. We proposed to do the same and spoke with our immediate neighbours (whilst introducing ourselves). They suggested that Building Ordinance will not approve the work and we would have to remove it if we went ahead.

We have since found out that these neighbours are the "problem" on the complex, as in they are the the main culprits for complaining about anything and everything. Although they have not extended their front, they have altered it by removing a window.

If we go ahead with the structure (illegally) and they complain/report us, what happens regards everyone else's extension works?
I feel like I'm throwing my toys out of the pram a little but it's incredibly unfair to find others 'get away with it' if we can't. Don't get me wrong, I would never complain about the their homes - good luck to them.
As there are several homes with the same extension, would we be granted approval if we went through the proper channels? Or would we be wasting our time and money?

I have been told that if we built, and were reported, we could apply for 'leniency' in light of the other extensions. Is that true?

Thanks for listening to my waffling.

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Posted by Fieter (34 days ago)

Can of worms.

If they report you and the inspector comes around you must basically point out all the other people's extensions too - otherwise the inspector will be 'blind' to them and onle 'see' yours - cause only yours has been reportd - that is the chinese way. Once all the other places are reported too there will be a huge uproar and everybody will have to apply for leniency - which is unlikely to be granted since the govt has recently become very much stricter than in the past.

I would not advise you to apply for approval or leniency on your own - highly unlikely to be granted - the HK way is not really open to anything outside of the rules. Much better to just build it and hope for te best unfortunately.

Posted by notmyaisle (34 days ago)

Thanks Fieter.

Well that would be a nice way to move into the neighbourhood - move in, grass everyone else up and create chaos! Lol!
Looks like we will go without the maids room and the bigger kitchen then. Ho hum.

Posted by cookie09 (34 days ago)

did they mention why BO will not approve the works? the structure cannot be the real issue, is it?

Posted by notmyaisle (34 days ago)

cookie09 - Reading between the lines, they said that because 'they' did not want it to happen and, as we later found out from the management office, 'they' are the main people to complain about anything and everything.
If we went ahead and built it it would be the next door neighbours who would dob us in.

Posted by PizzaAce (22 days ago)

Don't build it. Its an illegal structure and it sounds like there is a high chance you will be reported to the government and you would then have to tear it down at your own expense.

You can dob on other people, but thats not a defence. And if you do, the other people will know it was you who dobbed on them and you forced them to spend money pulling down their structures. You certainly would be hated by everyone then.

You knew what you were buying, I'm sure your solicitor advised you on the DMC. Don't try to squeeze more out of it, remember you're better than a local.

Posted by vak (22 days ago)

Depends on what you bought. If its a village house the rules are v different. When I bought my village house a few years ago, I called the Lands deppt to ask what I was allowed to do or not to do. They guy at the other end laughed that I had even called him. He said you can do ANYTHING you want within your 700 sq ft walls. There is no code so long as you do not extend the 700 per floor.

At the same time I met someone in POKFULAM who had bought an APPT in a low rise block. ALl top floor owners had temporary Japanese style rooms. All got notices to remove them as the Govt dept supposedly took aerial shots of the illegal structures. But Guess what. The poor Gweilo removed his shed immediately. The locals played the game for 3 years by which time the govt department was exhausted . Some sheds still remain. get used to it. There will be 2 sets of rules in terms of enforcements. One for expats and one for locals , specially in Saikung. I am not saying that the govt discriminates. far from it. The locals know how to abuse the system until it bursts at the seams. I have seen the govt putting concrete blocks in Ng Fai Tin to stop illegal parking on govt land. The village heads have repeatedly demolished the govt signs and barriers and keep renting our car parks to residents. I saw poured cement being dug out by the villagers within 24 hrs of being poured. Guess who won. NOT THE GOVT. The local mafia rules.

If you are in a gated community I would say spend a few months to know the place and surroundings. If its Illegal then Its Illegal. As a law abiding expat you will eventually have to take it off. Illegal constructions will also affect your mortgage as the bank can revoke it at anytime. On the other side of the coin what we hear is that the govt simply has no manpower to deal with enforcing the laws. What you can do is to have a private meeting with the relevant govt deptt and say you are CONSIDERING buying a prop in the area. many props have the type of structures that you are referring to. What is the govt policy on it. Is there an amnesty for places built with such extensions before a certain time , or have people been given notices to remove them, or govt has no manpower to pursue it yet. You will be surprised how co operative some govt officials are . many will give you both official and unofficial versions on and off record.

Posted by cookie09 (22 days ago)

notmyaisle,

i agree broadly with vak's comments. as an expat, go the legal route. get it approved officially, and if not possible, forget about it.
the issue is that you need to figure out whether it can get approved in principle. any authorized person (AP) can help you with that

Posted by PizzaAce (17 days ago)

I can tell you now, there is no way the government will openly or in writing give you amnesty or approval for illegal structures. This is not the government's policy.

Do not do it and waste your money building it and then having to tear it down.