1、1,Presentation to The Hong Kong Institute of Architects by Miss Annie Tam, JPDirector of Lands,To Supply Land for Private Development24 June 2010,2,Land Administration,Article 7 of the Basic Law:The land and natural resources within the Hong Kong Special Administrative Region shall be State property
2、. The Government of the Hong Kong Special Administrative Region shall be responsible for their management, use and development and for their lease or grant to individuals, legal persons or organizations for use and development. The revenues derived therefrom shall be exclusively at the disposal of t
3、he government of the Region.,3,Total Area of the Hong Kong Special Administrative Region: 110397 hectares,4,Land Sale- Land Grant (or Regrant)- Short Term Tenancy,LandsD acting as Governments land agentLandsD acting in the landlord capacity,Unleased land (Government Land),Leased land (Private Land)-
4、 Lease Modification (Waiver)- Consent,Surrender- Resumption- Re-entry,5,Land Sale: 2010 - 2011 Application List,The 2010-11 Application List contains 62 sites, comprising 46 residential sites, 8 commercial/business sites and 8 “hotel only” sitesThe 46 residential sites will produce about 9000 flatsT
5、he 8 commercial/business sites will yield about 322200 square metres of GFA (subject to survey),6,Governments Initiated Sales of Sites in the Application List,Homantin site sold on 8 June 2010 at $10,900 millionMt Nicholson site to be sold on 28 July 2010Inverness Road, Kowloon TongBorrett Road, Mid
6、-Levels WestFormer Lingnan College site at Stubbs RoadEx-Government Supplies Depot site at Oil Street, North Point,7,Public Tender of Former Yuen Long Estate Site,The Government is prepared to sell by open tender the former Yuen Long Estate site of about 1.2 hectares near the West Rail Long Ping Sta
7、tion in Yuen Long for private residential purpose, and will increase the supply of small and medium-sized flats by specifying in the land sale conditions requirements in terms of the minimum number of flats and the range of size of such units,8,Short Term Tenancy,A grant of land of short duration No
8、rmally up to 7 years,9,Private Treaty Grant,For specified purposes under exceptional circumstances Supported by policy bureau Meets the economic, social and community needs of Hong Kong,10,Lease Modification,Lease is: A contract between the Government acting as the landlord and the lesseeA lease inc
9、ludes terms and conditionsPremium payable to reflect the market value of the landLease can be changed subject to mutual consent and terms and conditions including premium reflecting the difference between the “before” value and the “after” value,11,Lease Modification (Waiver),The lessee will have to
10、 submit an application for lease modification if he/she wants to change the use of the land to purposes other than those specified in the lease.LandsD, acting in the landlord capacity, may or may not approve the application at our sole discretion.New conditions will be imposed in the letter of modif
11、ication, but the tenure remains.The applicant will have to pay a land premium representing the difference of land value before and after the lease modification.,12,Granting of consent under the lease,The “consent” is provided for under some leases.LandsD, as the landlord, is entitled to grant or not
12、 to grant such consent at its discretion at conditions including premium.The grant of a consent for redevelopment is similar to the making of a fresh agreement.,13,Land Exchange (Surrender and Regrant),A lessee may apply to surrender a land to LandsD; if the surrender is accepted, it becomes Governm
13、ent land.LandsD may agree to grant regrant the original land (or part of it) with or without additional Government land.The regrant is a new grant.The new grant contains new terms and conditions, normally 50 years.The lessee has to pay a premium to reflect the difference between the before value of
14、the land and the after value of the land.,14,Revitalize Industrial Buildings An example (1),(a) a lease modification or a land exchange for the redevelopment of an industrial lot in a non-industrial zone; or(b) a special waiver for conversion of an entire existing industrial building of not less tha
15、n 15 years old situated in a zone designated for use as either “Industrial”, “Commercial” or “Other Specified Uses (Business)” according to the statutory town plans prepared pursuant to the Town Planning Ordinance.,A lot owner who wishes to apply during 1 April 2010 to 31 March 2013 for :,15,Revital
16、ize Industrial Buildings An example (2),RedevelopmentAn application may be made for redevelopment of the lot concerned for non-industrial uses up to or less than the maximum permissible development intensity permitted under the relevant statutory town plan or, if there is no such limit under the sta
17、tutory town plan, the Buildings Ordinance (“BO”).An application will generally not be approved if the proposed development intensity for the redevelopment is less than 60% of the maximum permissible development intensity permitted under the relevant statutory town plans or (if applicable) the BO.Any
18、 such application, if approved by LandsD, would be subject to such terms and conditions, including payment of a premium.,16,Redevelopment (contd)If the premium exceeds $20 million, a lot owner may opt for payment of 80% of the premium by annual installments, payable in arrears, over a period of up t
19、o five years subject to payment of interest at P + 2%.In the event that a lot owner has opted for payment of the premium by installments, 20% of the premium shall be paid as a down payment, that is, 10% of the premium being payable upon acceptance of the binding basic terms offer and the remaining 1
20、0% on execution of the lease modification letter.,17,Revitalize Industrial Buildings An example (3),Wholesale ConversionAn owner may apply for a special waiver at nil waiver fee for the change of use of the entire existing industrial building, for the lifetime of the existing building or until expir
21、y or termination of the current lease, whichever is the earlier.Approval for the grant of a special waiver may be subject to such terms, covenants and conditions as may be imposed.During the validity period of the special waiver, no part of the building may be used for any uses other than those spec
22、ified in the special waiver.,18,Associated works arising from Land Sale/Land Grant/Lease Modification/Land Exchange/Consent,Processing of building plansProcessing of landscaping proposalProcessing of CC application,19,Processing of Building Plans Submissions (1),Building plans for developments on pr
23、ivate lots are processed under the Centralized Processing of Building Plans managed by Buildings DepartmentBD will pass building plans with the development schedules to LandsD BD considers the plans under Buildings OrdinancePlanD examines the plans having regard to the TPOLandsD will reply to the AP
24、 direct having regard to the lease conditions governing the lot,20,Processing of Building Plans Submissions (2),Upon receipt of the plans from BD, DLO will attempt to give a response to the AP within 10 weeks.When there is MLP requirement, GBP will only be processed after the approval/conditional ac
25、ceptance of MLP.,21,Processing of Building Plans Submissions (3),DLO will check the plans against the lease conditions, e.g. height, GFA, SC etc.Complex cases may be referred to BC III.BC III is chaired by DD/S with members coming from BD, TD, HyD, PlanD, ArchSD and Senior Landscape Architect.AP may
26、 be invited to the meeting to present their cases.,22,Processing of Building Plans Submissions (4),Specific issues(1) Height of buildingUnless specified in the lease, height of a building counts from the lowest formation level (including stilts) to the highest point (main roof) of the building.Stilt
27、s are not preferred.,23,Processing of Building Plans Submissions (5),(2) Number of storeyNumber of storey counts from the lowest formation level of a building.Unless specifically exempted under the lease, all floors including basements and carparking floor are number of storey accountable.Normal roo
28、f-top structures (e.g. stairhood, water tank, lift machine room) are not number of storey accountable if they are not excessively provided.,24,Processing of Building Plans Submissions (6),(3) Accountability for GFA/SC Unless specifically exempted under the lease, all components of a building includi
29、ng projections and underground structures are GFA/SC accountable.Balconies, utility platforms, curtain walls and non-structural prefabricated walls which are exempted by BA are GFA/SC exemptible subject to lease modification, if applicable.,25,Processing of Building Plans Submissions (7),(3) Account
30、ability for GFA/SC (Continue)For GFA exemptions of plant rooms and similar facilities permitted under lease, LandsD are normally prepared to follow BAs ruling.Staircases, lift shafts and lobbies exclusively serving GFA non-accountable areas such as carparking floor and/or mechanical floors, will be
31、exempted for GFA (but not SC) if their design and disposition are acceptable.,26,Processing of Building Plans Submissions (8),(4) Recreational facilitiesUnless specifically exempted under the lease, Clubhouses are GFA/SC accountable.To qualify for exemption, ancillary facilities (e.g. reception area
32、, corridor, toilets) should be less than 50% of the usable area and the active facilities (e.g. squash court, swimming pool) areas should be larger than the passive facilities (e.g. reading room, sauna) areas.,27,Landscaping Proposal (Combined Submission),Preserve trees, particularly old and valuabl
33、e treesEncourage assessment of impact of the development on existing treesEarly submission of conceptual landscaping proposal with general building plans or MLPFelling of trees can be proceeded after approval of the conceptual proposalDetailed proposal to be submitted and be approved before applicat
34、ion for pre-sale consent,28,Landscaping Proposal (Self-certification),Registered Landscape Architect to certify completion of tree works (landscaping, tree removal, transplant and compensatory planting)The certificate together with a report on conditions of the tree be submitted to DLOBPU will infor
35、m within 14 days if an inspection is to be carried outNo notice from BPU means compliance,29,Application for CC,Points to notePN 8/2000 on Checklist for Issue of CCto check compliance of positive covenants specified in the leaseNot to encroach onto Government land, PN 4/2008Performance pledge 10 wee
36、ks to confirm issue of CC or provide reasons for rejection,30,General Principles (1),Lease is a contract virtually all lands in Hong Kong are held as leasehold lands from the Government. When selling or granting leasehold interests, the Government does so in the capacity of a landlord.Interpretation
37、 of a contract is the ascertainment of the meaning which the document would convey to a reasonable person having regard to all the background knowledge which would reasonably have been available for the parties in the situation in which they were at the time of a contract.In disposing of a leasehold
38、 interest, the Government does not necessarily divest all interest in the land or sold all its development potential. Whatever rights or interests not disposed of in a lease remains the property of the Government.,31,General Principles (2),The Government as a landlord is entitled to impose tighter c
39、ontrol than the minimum standards which the public are prepared to accept under the Town Planning provisions.If the lessee wishes to build more, he has to seek the Governments consent for the release of more development potential under the lease. The consent, if granted by the Government at discretion acting as the landlord, may take different forms e.g. lease modification, land exchange, waiver, consent letter or no objection letter. In the case of scarce resource such as land, the consent has to be paid for by way of premium of waiver fee.,32, Thank You ,
