opening take-away restaurant...

i want to open a take-away restaurant and i have been informed that i can open the business above 3rd floor.


my questions are:


(i) do i tell property agent to look for a flat for business purpose or can i just rent the flat as domestic purpose and put up the business?


(ii) will there be a big difference on rent if i tell them that i want it for business purpose??

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


You cannot just rent a flat (whatever its floor is) if it is designated for domestic purpose and just “change” this into a restaurant.


Please note that most buildings in Hong Kong are limited to their types of permitted use subject to approval of the Land Department (check the original “Occupation Permit” as well as the “Deed of Mutual Covenant”). The common types of permitted use are: commercial, residential, commercial/residential, industrial, etc. A restaurant, in principle, is only allowed to be opened in a building with a commercial use.


Even though you have rented a premises for commercial use, you need to check the Deed of Mutual Covenant of the rented premises and ensure that there is no restrictive clause in limiting the opening of restaurants within the premises.


You are also required to obtain proper licenses from various government departments such as: Food and Environmental Hygiene Dept., Fire Service Dept., Building Dept., etc.


On the matter on rent, it depends on the landlord.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@weirandassociates.com

www.weirandassociates.com