Illegal Structure Removal Notice

The process may take time but the Government can "force the issue" and can remove the structure. The downside on waiting is the expense. Do you have deep pockets?


In accordance with Section 44 of the Buildings Ordinance, you can lodge an appeal against an Order by serving your notice of appeal in writing directly to the Secretary to the Appeal Tribunal. Appeal must be received not later than 21 days after the date of the BD’s Order sent to you by registered mail. The Notice of Appeal should be attached to the Order you received.


FYI, you will need to explain your grounds for appeal at a hearing of the Tribunal so don’t do this as a way to put off the removal. And if you lose, you pay ALL the costs - and still have to remove the structure.


You can request an extension of the compliance period if the works required is complicated or there are other valid reasons. But whether your request is justified or found acceptable by the BD is purely its discretion. This at least will give you time to install a new kitchen inside your flat.



If you just ignore the Order, you can be prosecuted under the Buildings Ordinance. If convicted, there is a maximum fine of $200,000, a stay in a lovely HK prison for one year, and to a further fine of $20,000 for each day you fail to comply with the Order. Ouch!


If the required removal has not been completed by the due date, the Building Authority may employ a Government contractor to carry out the works on your behalf, and subsequently recover the cost of the works from you. A supervision charge (min. $8,000) will also be added to the cost of the works.


And if you fail to settle the account, the Building Authority may register a certificate with the Land Registry against the title of your property and find another way to get its money.



It's your money and your choice.

Yes, it is the landlord's money/choice but you said you were served with the notice and I though you meant what you said.


Pass the letter onto the landlord immediately and ask him/her (not going to assume one or other) what action he/she will take. You'll have builders in either way. The government ones will of course just remove the UBW. The Landlord's ones should build a new kitchen. Basically, you just want to know whether the government take action before the lease is up and you can move out. Unquantifiable.

Yes, er... but not in HK!

Hi Isi,

Can you tell me what part of town you live in? I'm considering a similar flat and wonder if the BD is cracking down harder on these now...


thanks

The MTR won't be opened in Kennedy Town till 2012. It's a scam how owners/agents try to justify inflated rents, isn't it?

Hi Isi, I have sent you a pm, much appreciated if you could check. Thanks!