Orders Issued by Government Departments
Different government departments may issue orders in respect of a property and registered at the Land Registry
Any additions or alterations to buildings without the prior approval of the Buildings Department or not following the simplified procedures under the Minor Works Control System are regarded as Unauthorised Building Works (UBWs).
For details, please refer to:
Buildings Department The Pamphlet “What are Unauthorised Building Works”
Buildings Department FAQ on UBWs Removal Order
If a building order has been issued by the Buildings Department in respect of any UBWs and the order has been registered at the Land Registry, the relevant encumbrances will be set out on the land search register. An agent should state the related encumbrances on the “Property Information Form” and should provide a copy of the search. The EAA has also issued guidelines3,4, requiring estate agents to ask sellers to provide the details of alternations and to remind purchasers/tenants of risks associated with buying or renting such flats.
If there are UBWs in a property, the government may require the property’s owner to demolish those building works. Should the owner refuse to demolish those building works, the government may carry out the demolition for the owner or may even sell the property to recover the cost of the demolition.
If a purchaser is willing to buy a property together with its UBWs, the seller should clearly indicate the related matter in the contract. Both parties’ responsibilities should be clarified in the contract, including which party will be responsible for the cost of the demolition and restoration, as well as for other litigation liabilities.
In addition, the Fire Services Department may issue orders regarding fire safety in buildings and register them at the Land Registry. For details, please refer to the Fire Safety (Buildings) Ordinance (Cap. 572 of the Laws of Hong Kong) and the website of the Buildings Department.
3 Please refer to the Practice Circular (No. 07-05(CR)).
4 Please refer to the Practice Circular (No. 10-01(CR)).
