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Application for waiver to temporarily relax restrictions contained in lease of land

Contents

  1. Introduction
  2. Purpose and Nature of Waivers
  3. How to apply for a Waiver
  4. Procedures for Processing Waiver Applications
  5. Basis of Waiver Fee Assessment
  6. Enquiries

Annex I Sample of standard waiver application form

This pamphlet is also available in the web page of Lands Department


1 Introduction

  • This pamphlet introduces the application procedures for temporary waivers of lease conditions and briefly explains the basis of assessing waiver fees.
  • This pamphlet is not intended to create any legal rights or obligations and serves only to explain the key features of current Government policy in respect of waiver applications.
  • Any departure from lease conditions must obtain prior approval from the Lands Department. Otherwise, the property will be liable to lease enforcement action.

2 Purpose and Nature of Waivers

  • Waivers are temporary permissions granted by Lands Department to relax restrictions under Government leases or land grants.
  • Government leases, under which all private property in Hong Kong is held, usually contain restrictions as to the uses which the land or buildings may be put. Where a leaseholder wishes to carry out activities for a temporary period which do not comply with his lease conditions, he should apply for a waiver from the Lands Department to temporarily relax the restriction(s) under the lease. If the waiver application is approved, the Government, as landlord, will require the leaseholder to pay a fee reflecting the enhanced value of the property for the period of the waiver. Additional relevant conditions related to the new use of the property may also be imposed.
  • Broadly speaking waivers can be categorized into two types:
    • Those directly affecting land.
      For example, to permit relaxation of the user restriction or the erection of structures in respect of agricultural land;
      and
    • Those concerning buildings.
      For example, to allow commercial activities in industrial buildings.
  • Waivers are normally granted for a term of one year and thereafter quarterly until terminated by either Government or the leaseholder by giving three months' notice. Occasionally, waivers may be granted up to a maximum of three years with further extension subject to approval.

3 How to apply for a Waiver

To apply for a waiver, applicant(s) should:

  • be the registered owner(s) of the property concerned or his/their authorized persons; and
  • complete a standard waiver application form which can be obtained free of charge from any District Lands Office and the web page of Lands Department. A sample of the application form is attached at Annex I; and
  • submit the completed application form together with all supporting documents listed in the application form to the relevant District Lands Office for processing.

4 Procedures for processing waiver applications

  • As a general rule, all waiver applications must be submitted by the registered owner(s) of the property concerned or his /their authorized persons.
  • Upon receipt of a waiver application, Lands Department will consult relevant Government departments. Such consultation will normally take around three weeks.
  • If the property concerned falls within the environs or the extension area of a recognized village, notices will be posted in the village and given to the Rural Committee to establish whether there are any local objections.
  • If the application is approved, Lands Department will assess the waiver fee. A basic terms offer letter setting-out the period of the waiver, the amount of waiver fee, the administrative fee and the deposit payable etc., will be issued to the applicant. The applicant will be required to indicate acceptance of the basic terms within the period stated in the letter before a formal waiver letter is issued.
  • If an applicant wishes to appeal against the amount of the assessed waiver fee, he may submit his appeal to the Lands Department. If necessary, an applicant may seek advice from a registered professional surveyor on the waiver fee assessment. The appeal will be referred to the Lands Department's Valuation Section for a decision.
  • Once an offer is accepted and payment made, the Lands Department will issue the waiver letter to the applicant for execution. A certified copy of the executed waiver letter will be registered by memorial at the Lands Registry.
  • If the application is not approved, a letter giving the reasons for disapproval will be sent to the applicant.

5 Basis of Waiver Fee Assessment

  • In accordance with current policy, waiver fees for the two types of waivers are assessed on the following basis :-
    • Those waivers affecting land

      In the Urban Areas, waiver fees are assessed on the annual difference in full market land value before and after the waiver is granted.

      In the New Territories, waiver fees are assessed by multipling the total area of the concerned land by a standard rate on an individual lot basis. The standard rates are determined by considering the land values and rental values of different land uses in the New Territories. The rates vary according to different site coverage bands and districts. The current standard rates came into operation with effect from 1 April 1997, and, in general, they will be reviewed every 3 years by Lands Department's Valuation Section.

    • Those waivers concerning buildings

      The waiver fee is equal to the difference in annual rental value of the premises before and after the issue of the waiver letter. Where there is an obvious difference in value but this cannot be assessed, the waiver fee is to be calculated as 10% of the existing annual rental value of the premises.

  • Waiver fees are generally re-assessed every three years albeit some waiver letters may entitle Government to revise the fees annually or after the prescribed notice period.

6 Enquiries

  • Applicants can make enquiries at the 12 District Lands Offices for more detailed information about the application procedures.

District Lands Office, Hong Kong East

3/F and 19/F, Southorn Centre,
130 Hennessy Road
Wan Chai, Hong Kong
Tel : 28351684 Fax : 28344324

District Lands Office, Hong Kong West and South

3/F, 5/F, 19/F and 20/F, Southorn Centre,
130 Hennessy Road,
Wan Chai, Hong Kong
Tel : 28351711 Fax : 28331945

District Lands Office, Kowloon East

4/F, South Tower,
West Kowloon Government Offices,
11 Hoi Ting Road, Yau Ma Tei, Kowloon
Tel : 38427450 Fax : 27825061

District Lands Office, Kowloon West

4/F, South Tower,
West Kowloon Government Offices,
11 Hoi Ting Road, Yau Ma Tei, Kowloon
Tel : 38427450 Fax : 27825061

District Lands Office, Islands

19/F, Harbour Building,
38 Pier Road, Central, Hong Kong
Tel : 28524265 Fax : 28505104

District Lands Office, North

6/F, North District Government Offices,
3 Pik Fung Road, Fanling, N.T.
Tel : 26751502 Fax : 26759224

District Lands Office, Sai Kung

3/F and 4/F, Sai Kung Government Offices,
34 Chan Man Street, Sai Kung, N.T.
Tel : 27917019 Fax : 27920706

District Lands Office, Sha Tin

11/F, Sha Tin Government Offices,
1 Sheung Wo Che Road,
Sha Tin, N.T.
Tel : 26841100 Fax : 26024093

District Lands Office, Tai Po

1/F, Tai Po Government Offices Building,
Ting Kok Road, Tai Po, N.T.
Tel : 26541263 Fax : 26509896

District Lands Office, Tsuen Wan and Kwai Tsing

10/F and 11/F, Tsuen Wan Station,
Multi-storey Carpark Building,
174-208 Castle Peak Road,
Tsuen Wan, N.T.
Tel : 24021164 Fax : 24150703 / 24120505

District Lands Office, Tuen Mun

6/F and 7/F, Tuen Mun Government Offices,
1 Tuen Hi Road, Tuen Mun, N.T
Tel : 24511176 Fax : 24590795

District Lands Office, Yuen Long

9/F - 11/F, Yuen Long Government Offices,
2 Kiu Lok Square, Yuen Long, N.T.
Tel : 24433573 Fax : 24733134

Annex I

Sample

Standard Application Form for Waivers Cases

District Lands Office / ___________

Note:

  1. This form should be completed in duplicate in either English or Chinese.
  2. This form should be completed and signed by all owner(s) of the Lot/Premises or the Trustee(s)or the Administrator(s) or the Personal Representatives of the owner(s) of the Lot/Premises.
  3. After completion, this form may either be mailed, or handed in to the District Lands Office.
  4. One copy of this form when completed should be retained for your reference.
  5. The Government does not bind itself to accept any application submitted.

District Lands Officer, _____________________

I / We,_____________________(name of the Applicants), {[as the (Sole Owner / Co-Owners)* of (Lot _____________________ / Premises _____________________)*] or [as the (Trustee / Administrator / Personal Representatives / Others (please specify) _____________________ )* of the owner(s) of the Lot _____________________ / Premises _____________________ )*]}* hereby apply for a Waiver to waive the (user restriction / other restrictions (please specify)_____________________ )* contained in (the Lease / Special Condition No. _____________________ of Conditions of _____________________ / Special Condition No. _____________________ of New Grant No. _____________________)*under which (the Lot _____________________ / Premises _____________________ )* is held so as to permit {[the use of (the above Lot / Premises / the portion of the above Lot / Premises )* for the purpose of _____________________] or [others (please specify)_____________________ ]}*.[I am / My tenant was / is* the business operator affected by land resumption and clearance exercise under the government development project (Project Title: _____________________; Name recorded in the pre-clearance survey: _____________________ ).]*

In order to facilitate you to consider my / our application, I / We attach the following documents for your reference:-

  1. a certified true copy or copies of the Deed Register / Record of Owner(s) showing the nature of instruments and memorial numbers of all documents registered against the said Lot / Premises;
  2. a certified true copy or copies of the Deed of Trust / Power of Attorney / Probate / Letters of Administration (if applicable);
  3. a certified true copy or copies of the Lease or the New Grant or the Conditions (including all modifications and attachments thereto) in respect of the subject Lot / Premises;
  4. One photocopy of the applicant(s) Business Registration Certificate (if applicable);
  5. Planning Approval from the Town Planning Board (if any); and
  6. (Building plans / Site formation plans / Drainage plans)* of the proposal (if any); and
  7. Records / photos of pre-clearance survey number marked by Lands Department; and / or notices / letters sent from Lands Department or other departments to demonstrate I am / my tenant * was / is the business operator affected by land resumption and clearance exercise under the government development project (if applicable).

I / We hereby expressly warrant and declare that the above information provided in support of my / our application is correct and genuine and I / We expressly acknowledge that I am / We are aware and accept that the Waiver applied for will be made on the basis of the information supplied by me / us and will be immediately cancelled in the event such information is found to be false or misleading.

I / We further expressly acknowledge that the personal data provided by me / us in this Waiver Application Form will be used by the Lands Department in connection with the processing of my / our said application. The provision of any personal data not provide sufficient information, Lands Department may not be able to process my / our application.

I / We hereby authorize the Lands Department to disclose my / our personal data in the application form to such Government Departments and any other body, organization or person(s) as it may see fit at its absolute discretion to obtain such information which is deemed relevant to my / our application, whether on policy or any other grounds.

I / We further authorize and direct and request any Government Department or other body which may be approached by the Lands Department, to supply any and all information which it may require.

* Delete as appropriate

Applicant(s)'s Signature : _______________________
(H.K.I.D. Card Number(s) : ______________________)
Name of the Applicant(s)
in Block Letters :
 
_______________________
Address :
 
_______________________
_______________________
Telephone Number : _______________________
Date : _______________________

Appendix I

PLEASE NOTE THE FOLLOWINGS BEFORE PROVIDING THE PERSONAL INFORMATION REQUIRED IN THE FORM

Purpose of Collection

The personal data provided by means of this form will be used by Lands Department for the purpose of considering and processing the Waiver application.

The provision of personal data by means of this form is voluntary. If you do not provide sufficient information, Lands Department may not be able to process your application.

Class of Transferees The personal data you provided by means of this form may be disclosed to other Government
bureaux / departments for the purpose mentioned above.
Access to Personal Data You have a right of access and correction with respect to personal data as provided for in Sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance. Your right of access includes the right to obtain a copy of your personal data provided on this form.
Enquiries

Enquiries concerning the personal data collected, including the request for access and corrections, should be addressed to:

The Office Personal Data Controlling Officer of Lands Department

(Please click here to view sample forms of waiver letters)