Illegal enclosed balcony

I have received a notice from the HK Building Authority basically stating that I must remove the sliding glass windows from my enclosed balcony and reinstate the original railing. The enclosed balcony was illegally installed by the previous owners. These sliding glass windows are as safe as all the other windows in my apartment. I can not imagine they are otherwise. Removing the glass windows from my balcony will break my heart since this was one of the main reasons I bought this apartment.



I have already started an appeal.


This type of enclosed balcony exists everywhere in HK and in most other cases is as safe as all other windows in one's apartment.


Has anyone else had a similar experience with the HK Building Authority or can advise me on how to approach this matter? I hope to either make my enclosed balcony legal or otherwise find a way to keep it the way it is. It's a beautiful and very well-done enclosed balcony.


Thank you for whatever advise you can give me.

TY Saikunga. I desperately need to know how to fight this. I feel so strongly that my enclosed balcony doesn't pose a danger to anyone. It is, as you point out, simply the beauracracy (sp?) at work.

oldhand - are you in the building industry by any chance (UBW...)


But oldhand's right - an appeal will almost certainly fail. I think chasing up illegal balcony enclosures is in part a result of the case a few years ago where a canopy (with illegal structure built on top) collaped in Aberdeen(?) and killed a newspaper vendor sitting below.


The building is unlikely to collapse (hoyo) and in all probability neither is the balcony. Nonetheless no permission was given for your enclosure and you are deemed to have checked the flat complied with all regulations when you bought it.


It is also true that the saleable area of your flat has been increased, so retrospective permission is unlikely.


It's a tough situation, but unlikely to resolve itself in your favour. If you want to pursue an appeal you would be best off first getting some professional advice from an Architect or Registered Structural Engineer - there should be a list on the Buildings Department website:


http://www.bd.gov.hk/english/index_e.html


Also worth looking at the following page about unauthorised building works:


http://www.bd.gov.hk/english/services/index_faqA.html.

A related but slightly different topic. I have just bought an apartment and was hoping to enlarge the windows, several others in the block have done the same. Am I subjecting myself to a similiar fate? As I am not increasingy living area, is there any worth in applying to do this legally ?

Thanks

Thank you all, especially Mobile.Fidelity :), for your comments. I have hired a consultant and am appealing this order. I will let you all know how it turns out.


Just as an added note, my enclosed balcony remains a balcony. I have not gained any additional living space by having it enclosed.

Cucaracha, good luck! Let us know how it goes, fingers crossed!