My Take | Ruling should serve as a wake-up call for illegal structures in homes
- There is a need for systemic reform but the mindset must change so that property owners realise that regulation breaches will not be tolerated
Hong Kong has, in recent years, strongly conveyed the message that laws must be complied with or consequences will swiftly follow.
But some of the city’s laws are routinely ignored and have been for decades. Illegal additions and amendments to residential buildings remain endemic despite various crackdowns over the years.
Unauthorised structures have been found in village houses, urban flats and luxury developments, including in the homes of some officials and celebrities.
A court ruling last week, while turning on its own facts, told a sorry story which reveals much about attitudes to these breaches and the way they have been allowed to take root.
The case was brought by 489 owners of upmarket Braemar Hill Mansions in North Point. They challenged orders issued by the Buildings Department in 2018 and 2019 to demolish unauthorised structures in their flats.
Their argument was that they had a “legitimate expectation” they would be allowed to keep the structures so long as they remained safe. This assumption was based on the history of the affair.
The government first tried to get the structures removed 46 years ago. It is astonishing they have survived so long. Braemar Hill Mansions was completed in 1978. Immediately, owners began enclosing a drying area next to the kitchen, increasing the floor area. They did so without the required permission.
