Government leases, under which all private land in Hong Kong is held, usually contain restrictions on the uses which the land or buildings may be put or the permissible structures that may be erected on the land. Under normal circumstances, leaseholder must comply with all the terms and conditions as stipulated under the lease. Where a leaseholder wishes to carry out activities or erect structures for a temporary period which do not comply with lease conditions, the leaseholder should apply for a waiver from the Lands Department to temporarily relax the restriction(s) under the lease.
In general, waivers may be granted for land (e.g. to permit relaxation of the user restriction or the erection of structures in respect of agricultural land) or for buildings (e.g. to allow commercial activities in industrial buildings). If the waiver application is approved, the Government, as landlord, will require the leaseholder to pay a fee reflecting the enhanced value of the land or building for the period of the waiver as appropriate. Additional relevant conditions related to the new uses of the land or building or the new permissible structures may also be imposed.
Application for Waivers
Applicants may refer to the following materials in preparing an application for waivers:
- Application for waiver to temporarily relax restrictions contained in lease of land
- Sample Forms of Waiver Letters
- Standard Application Form for Waiver Cases
For applications related to industrial buildings, please refer to Revitalisation of Industrial Buildings.