within private developments can broadly be categorized into: (a) Government,
Institution and Community ("GIC") facilities such as community halls,
elderly centres, etc.; (b) public open spaces (POS); (c) pedestrian passage
and vehicular access, e.g. walkways, footbridges and rights of way; and (d)
Public Transport Terminus (PTT). As governed by the specific conditions in
the land leases or deeds of dedication where appropriate, some of these
facilities are handed over to the relevant Government departments upon
completion while others are required to be managed and maintained by the
private developers or owners on an ongoing basis.
|2. The provision of public facilities within private developments for public use may arise under the following circumstances –|
land sale – Bureaux / Departments may propose
the inclusion of such facilities to meet public needs;
land grant and private development /
redevelopment (involving planning permissions and lease modification / land
|(i)||Bureaux / Departments may propose the inclusion of such facilities to meet public needs; or|
Developers may propose such facilities in
their planning applications to the Town Planning Board (TPB). Such
requirements may subsequently be imposed as planning conditions by the TPB
in approving the planning applications. For development within a “CDA” zone,
planning applications to the TPB will need to be made in the form of a
Master Layout Plan (MLP). The TPB will impose conditions in approving a MLP.
Such requirements are translated into the
lease conditions if this is practical (say the development is the subject of
a new or modified lease).
3. The incorporation of public
facilities in a private development is intended to achieve integrated
design, optimization of land use and better site planning or to bring
forward the completion of some facilities to serve a wider district or
territorial need and match with population intake in development proposals.
4. Separately, there are other
circumstances where Mass Transit Railway (MTR) facilities, building set-back
for street widening and pedestrian passage through the building may be
provided in a private building for public use. As provided for under the
Buildings Ordinance, the Building Authority may grant concessions or
compensate the owners in the form of exemption of floor space from the gross
floor area (GFA) calculation or bonus GFA as follows -
in return for setting aside certain floor
space within a private building for MTR facilities. Upon completion of the
building, these floor spaces are assigned to the Government, and in turn are
disposed of to the railway corporation.
in return for the dedication of land or floor
areas of a building for use as public passage (e.g. building set-back for
street widening, pedestrian passage through the building). The rights and
obligations of the building owner will be set out in a deed of dedication.
5. Generally speaking, GIC facilities,
PTT and MTR facilities are handed over to the Government upon completion. As
regards the remaining facilities, if they are not required to be handed over
to the Government, they will be subject to the relevant provisions in the
respective contractual documents in respect of their management, maintenance
and opening to the public as follows –
for POS, pedestrian passage and vehicular
access, they will be subject to the relevant requirements in the land leases
administered by the Lands Department if such requirements have been
specified in the leases; and
for building set-back for street widening and
pedestrian passage through the building, they will be subject to the
relevant requirements in the deeds of dedication administered by the
6. To ensure that developers have
fulfilled the relevant provisions, the Lands Department and the Buildings
Department will scrutinise the development projects upon completion to
satisfy themselves that all the requirements in the land leases or building
plans are complied with, before issuing the certificates of compliance, if
applicable, or occupation permits. The two departments will monitor the
implementation of the relevant provisions by conducting spot checks and act
upon receiving complaints from members of the public.
7. The rights and obligations of the
owners are set out in the land leases or deeds of dedication, as the case
may be. Generally, owners of the private developments are required to
fulfill the following obligations -
permit the public to lawfully use such
facilities and not to allow the area to be obstructed, where this is
applicable, in accordance with the provisions as prescribed in the land
leases or the deeds of dedication; and
manage and maintain such facilities to the
satisfaction of the Government.
Most of the public facilities are provided for
use by the public free of payment with some exceptions, such as public
fee-paying car parks or outdoor restaurant seating as specified in the land
leases; and the charges for temporary exhibition and display in the Times
Square case under the deed of dedication.
8. Being responsible for making such
facilities accessible for public use under the land leases or the deeds of
dedication, it is reasonable for owners of such developments to adopt a set
of reasonable, clear and transparent guidelines for all users to comply
with, just as the Government or other public bodies adopt certain rules and
regulations in managing public facilities.
To facilitate the browse and search of information about provision of open space required under lease for use by the public within private developments completed in or after 1980, the public can check information on the Government GeoInfo Map. The link is https://www.map.gov.hk/gm/map/search/faci/POS?lg=en
For enquiries on a particular public open space, please approach the relevant District Lands Office direct.
To access to information on the areas within
private properties dedicated for public use under deeds of dedication,
please visit the Buildings Department website (https://www.bd.gov.hk/en/resources/codes-and-references/public-open-space/index.html).
To access to “Public Open Space in Private
Developments Design and Management Guidelines” and “Report on Consultancy
Study on Public Open Space in Private Developments ”, please visit the
following website of Development Bureau:-