Is it worth trying for planning approval?

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.

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.

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

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.

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.

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