Strategic planning/zoning in Hong Kong is governed by a combination of law and policy. The starting point is the Town Planning Ordinance (Cap. 131 of the Laws of Hong Kong) and its derivative regulations, followed by development strategies at the territorial level and various types of statutory and departmental plans at the district or local level. The preparation of the plans is guided by the Hong Kong Planning Standards and Guidelines, relevant development related policy and principles and community views.
In addition, the legislation allows certain statutory bodies to regulate land use and take actions against unauthorized land uses. The Town Planning Board has overall responsibility for statutory planning in Hong Kong.
Last modified 7 Oct 2024
Yes, any kind of building construction, repair, demolition, alteration or addition must have written approval and consent from the Building Authority.
Minor works are often exempt from the approval and consent but are subject to the control under the Minor Works Control System. This facilitates minor works to be carried out lawfully by the public through simplified procedures.
Last modified 7 Oct 2024
Yes, the Buildings Ordinance (Cap. 123 of the Laws of Hong Kong) and derivative regulations, as well as the plans for land use can contain requirements regarding the building's technical and aesthetic design. Practice notes and guidelines issued by the Buildings Department impose further detailed requirements on the design of buildings. The Urban Design Guidelines also include objectives and standards for urban design (relating to district character and amenities, natural setting, landscape, etc). All plans must be submitted to the Building Authority for approval before construction. Beyond this, there remains a significant degree of freedom for the developer.
Buildings in the New Territories, a more rural area of Hong Kong, are subject to the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121 of the Laws of Hong Kong). More stringent statutory specifications are imposed on the construction of particular buildings called Small Houses, which are built in accordance with the Small House Policy under which male indigenous villagers who are at least 18 years old in the New Territories are allowed to build a house on Government land upon payment of a concessionary premium or on their land.
Last modified 7 Oct 2024
Yes. The land use zoning of a site or premises is usually set out in the relevant Outline Zoning Plans and categorized as:
The establishment of or change to an existing use must be in accordance with the permitted land use of the zone or permission is otherwise needed. If the proposed use is not mentioned in the plans, the developer can apply for amendment of plan to the Town Planning Board for consideration.
There are also Development Permission Areas Plans which serve as interim plans and are not as detailed as Outline Zoning Plans. If land is within a DPA, no person may continue development unless it is:
Last modified 7 Oct 2024
The Planning Department, the Development Bureau and the District Planning Offices are principally responsible for regulating the development and designated use of property.
The Town Planning Ordinance is the primary legislation regulating the development and designated use of individual parcels of real estate in Hong Kong.
Last modified 7 Oct 2024
This depends on the nature of the development and can only be determined on a case by case basis, but may include various kinds of environmental licences or permits, for example, a road excavation work permit from the Highways Department, as well as permission from the Highways Department for road openings to facilitate installation of cables. However, consent and approval from the Building Authority must be obtained before the commencement of any significant building works.
Last modified 7 Oct 2024
The use of a new construction that is expressly permitted by the relevant statutory town plan does not generally require separate permission. For uses that do require separate permission from the Town Planning Board (the Board), the following applications should be made:
All applications must be submitted to the Board together with the supporting documents. The relevant Guidance Notes and Guidelines should be consulted when making the applications.
If a section 16 or a section 12A application is not made by the sole current land owner of the premises (ie the person whose name is registered in the Land Registry as the owner of the land), the applicant must show that they have obtained consent of or notified each and every other current land owner within a reasonable period (usually one year) before the application. If not, the applicant must show that he took reasonable steps to do so.
All documents submitted in the application will be made available for public inspection until the application is considered by the Board. Any person can make comments to the Board on the application within the first three weeks of the documents being made public. For section 12A applications, the applicant may attend the meeting at which the Board considers the application and be heard by the Board.
The final decision is made by the Board. Section 16 Applications may be approved with or without conditions or refused by the Board. Section 12A Applications may be accepted in whole or in part or refused by the Board. If permission is refused, a review and an appeal can be requested for section 16 Applications only. There is no right of review or appeal for a Board decision on a section 12A Application.
Where a section 16 permission is granted by the Board, amendments to such permission are provided under section 16A of TPO.
This type of application is usually considered by the Director of Planning under the Board's delegated authority but may be submitted to the Board for consideration if it is considered unacceptable by any of the concerned governmental departments.
The Board or the Director of Planning can approve the application with or without conditions or refuse it. If permission is refused, a review and an appeal can be requested.
Last modified 7 Oct 2024
Third parties may object to a proposal during the application stage and their comments should be fairly considered by the Town Planning Board. If a review is sought on an initial decision, third parties may also object during this review stage as all submitted documents will be made public as well. Third parties cannot appeal against the grant of planning permission but can, instead, challenge a decision by way of judicial review in the High Court if they can show that the decision may have been made unlawfully.
Last modified 7 Oct 2024
A decision of the Town Planning Board can be the subject of a judicial review in the High Court in the event that it has been made unlawfully.
Last modified 7 Oct 2024
Section 16 Applications for permission for a use that is set out in the relevant statutory plan as requiring permission from the Town Planning Board (‘Board’) and section 16A Applications for amendments to the use granted under a section 16 Application will be considered by the Board within two months of their receipt. Section 12A Applications for permission for a use that is not mentioned in the relevant plan will be considered within two months of their receipt. For Section 16A applications, if the Director of Planning considers an application under the Board's delegated authority, the applicant will usually be informed of the decision within six weeks of receipt. If the Board considers an application the applicant will be informed after confirmation at the next scheduled meeting of the minutes of the meeting at which the decision is made (normally two weeks after the meeting).
Last modified 7 Oct 2024
There is only a right of review and appeal against a relevant authority’s decision to refuse permission for development or the carrying on of a designated use for section 16 Applications for permission for a use that is set out in the relevant statutory plan as requiring permission from the Town Planning Board and section 16A Applications for amendments to the use granted under a section 16 Application. A review can be requested in writing by the applicant within 21 days of being notified of the decision and it will be decided on by the Appeal Board constituted under the TPO. If the decision of the review is still unsatisfactory, an appeal can be made by the applicant within 60 days of being notified of the decision of the review. The decision of the appeal is final but judicial review proceedings may be brought if it can be shown that the decision may have been made unlawfully.
There is no right of review and appeal for section 12A applications for permission for a use that is not mentioned in the relevant plan.
Last modified 7 Oct 2024
Yes, some utilities that may need agreements are:
Last modified 7 Oct 2024
Planning permissions granted by the Town Planning Board (the Board) are generally subject to a time period of four years. The planning permission will cease to have effect by the specified date, unless prior to that date, the permitted development has commenced or an extension of time for the commencement of the development has been obtained. A development project with its building plans approved would be deemed to have commenced.
Where an approved development has not commenced within the specified time limit, an application for an extension of time may be made for the commencement of the development. The Board will consider the application on factors including whether there has been any material change in planning circumstances after the original permission has been granted.
Last modified 7 Oct 2024
The Planning Department has enforcement powers under the TPO against unauthorized developments. The Central Enforcement and Prosecution Section of the Planning Department is also responsible for undertaking enforcement and prosecution actions against unauthorized developments. There are fines for non-compliance and the developer can be required to reinstate the land. If this is ignored, the Director of Planning can enter the land and take whatever steps he considers necessary to ensure that the unauthorized development or use is removed or discontinued. This includes taking possession of, removing, detaining and disposing of property on the land.
Unauthorized building works carried out without obtaining prior approval from the Building Authority can also be ordered to be removed by the government at the developer’s cost and may result in a defective title on that piece of land.
Last modified 7 Oct 2024
Are there any legal restrictions on the designated use to which any new building may be put or on any change in the designated use of an existing building?
Yes. The land use zoning of a site or premises is usually set out in the relevant Outline Zoning Plans and categorized as:
The establishment of or change to an existing use must be in accordance with the permitted land use of the zone or permission is otherwise needed. If the proposed use is not mentioned in the plans, the developer can apply for amendment of plan to the Town Planning Board for consideration.
There are also Development Permission Areas Plans which serve as interim plans and are not as detailed as Outline Zoning Plans. If land is within a DPA, no person may continue development unless it is:
Last modified 7 Oct 2024