help! - illegal rooftop structure

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  1. #1

    Join Date
    Jan 2008
    Posts
    317

    help! - illegal rooftop structure

    I've just signed a lease on an appartment which has a kitchen and bathroom built onto the terrace.

    When I moved in today I found a notice from the Building Department saying that they are illegal structures. Its a warning notice under section 24C(1), not actually an order to remove it, but if the landlord doesn't the fact will be noted on the land register.

    I spoke with the Landlord today and she says its fine and that as the structure isn't dangerous they will just note it on the register and won't make her remove it. She also says they have been there since the building was built - unlikey, I looked at the records online just now and the first notice from the Building's Department was in 2004.

    I'll phone the Building Department after CNY, but has anyone here had a similar experience? Can I safely live in the property? Is the Building Department likely to order its removal in the next year?

    What is my situation regarding the 1 year break lease and the first months rent and deposit (which I already paid)?


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,221

    Tricky one. Did the agent inform you of this issue? If not then you could have a case against the agent, but you'd have to move quickly and make it clear that you wanted to move on.


  3. #3

    Join Date
    Apr 2004
    Location
    hong kong
    Posts
    3,487

    What you landlord says is straight up and you talking with the buildings department will have no effect as they are only interested in dealing with the property owner. If you believe it to be unsafe, that is another matter.

    Up here in the NT illegal structures are the norm. We don't have one and I feel a bit out of place !


  4. #4

    Join Date
    Apr 2005
    Location
    Sai Kung
    Posts
    8,569

    boris, just so you don't feel so alone...we don't have one either, but like you, most of our neighbours have them!


  5. #5

    Join Date
    Aug 2008
    Location
    Fei Ngo Shan
    Posts
    120

    We were shown a house that were interested in. The landlord informed us about an illegal structure which she wanted to put on the lease and ask us to sign a release in case in future, it had to removed or if anything happens, she's not liable to it. It turned out to the whole basement was put in without permission!!!

    Which we thought was ridiculous, and didn't go for that property.
    The housing agent should have informed you in the beginning, now it's up to you whether you are alright with the illegal structure, if you want to break your lease, you may have a case against them I think. My two cents...