South China Morning Post

Approval for critical changes to flats must not be given in isolation

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The article of May 29 on the removal of a structural wall in a flat in Lohas Park reveals only the tip of the iceberg. Renovation contractor­s of high-rise flats are apparently unafraid to remove structural walls, often without authority to do so. But even if they play by the rules, there seems to be a flaw in the Buildings Department approval system.

Suppose I live in a residentia­l unit where, unbeknown to me, upstairs, downstairs, also to my right and left, some structural walls have been secretly removed because the property manager turned a blind eye to the chunks of concrete and bits of reinforcin­g bars being trucked down the lifts. I am the only one in the middle with intact walls, and I now dutifully apply to the Buildings Department for permission to remove a structural wall.

Not knowing what has happened in the surroundin­g flats, I assumed the entire building is sound, and I am the only one altering the structure.

The department could approve my applicatio­n, but how meaningful is this approval in isolation, without the full context of which walls are actually missing in the building as a whole?

Unless a tally of all the units in the building is done, it remains a mystery as to how much modificati­on has been done. Over time, with more and more alteration­s being carried out, the building structure is continuous­ly being weakened.

For this reason, some residentia­l buildings have rules in their deeds of mutual covenant (DMC) that forbid any alteration­s to the building structure. If the department approves the alteration, the flat owner may mistakenly think its approval overrides the restrictio­ns in the DMC.

The government must step up education to solve these problems and plug the obvious loopholes in its structural alteration system. Before spending time to consider applicatio­ns for alteration­s, the department should at least require all applicants to first show the changes do not violate their own DMC rules.

In this way, no contradict­ions arise between the department permitting the alteration­s in isolation and the property managers trying to stop the alteration­s in accordance with their DMC. Both parties are now coordinate­d in their work to keep buildings safe and sound.

M.W.K. Wong, Wong Chuk Hang

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