LCQ22: Number of New Territories cottages
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Following is a concern by the Hon Andrew Lam and a written reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (October 7):
Concern:
There are views recommending that urban-rural combination is among the core principles underpinning the Government’s promo of the advancement of the Northern Metropolis (NM), which the initial town homes play an essential function in the NM throughout its transitional advancement stage. Presented in 1972, the New Territories Small House Policy enables a male native villager aged 18 years of ages or above who is come down through a male line from a local of an acknowledged town in the New Territories of Hong Kong, to get authorization to set up, for when in his life time, a cottage for himself on an appropriate website within his own town. In this connection, will the Government notify this Council:
(1) of the variety of homes developed to date on old home websites (i.e. land in the New Territories signed up for home website usage under the 1905 Block Government Lease), and the variety of websites on which no building has actually happened;
(2) of the particular numbers to date of cottages that have actually had their land premium paid up and those that can be easily moved on the marketplace without paying a land premium;
(3) of the variety of whole blocks of cottages with sub-deeds to date, and the variety of sub-divided systems included; and
(4) in order to promote urban-rural combination, whether the Government will perform an extensive evaluation of the advancement policy and regulative structure for town homes in the New Territories; if so, of the information; if not, the factors for that?
Reply:
President,
The New Territories Small House Policy has actually been executed considering that 1972, to permit a male native villager aged 18 years of ages or above who is come down through the male line from a homeowner in 1898 of an identified town in the New Territories to make an application for consent to set up, for when in his life time, a cottage for his profession on an appropriate website within his own town.
In action to the particular parts of the concern raised by the Hon Andrew Lam, our reply is as follows:
(1) Block Government Leases (BGLs, previously referred to as Block Crown Leases) are land lease files provided by the British Hong Kong Government following an extensive land study of personal land in the New Territories performed by means of commissioned surveying personnel in the early years (around 1900s), covering over 200 000 moms and dad lots. The lot details signed up in the schedules of the BGLs are normally categorized as farming lots or constructing lots, typically called old schedule farming lots or old schedule structure lots. The land utilizes of these lots are primarily easy and picture descriptions based upon the land utilizes observed throughout the field studies at that time. The Lands Department (LandsD) does not keep stats on whether any homes are put up on old schedule structure lots.
(2) Land grants approved to native villagers or Building Licences released by the LandsD in regard of farming land they owned under the Small House Policy normally consist of constraints on the sale or other disposal of the cottage (typically referred to as “Ding” Home). An owner is needed to pay an extra premium to the Government before the limitations can be gotten rid of.
Particularly, for a cottage given on a native villager’s farming land by method of a Building Licence, the villager is needed to pay a premium to the LandsD for the elimination of the alienation constraint if he moves ownership of his cottage within the five-year alienation constraint duration after the problem of the Certificate of Compliance (CoC). For a cottage given on Government Land by method of Private Treaty Grant, the villager is needed to pay an extra premium for the elimination of the alienation constraint whenever he moves ownership of his cottage.
Given that the intro of the Small House Policy to end-June 2026, the LandsD has actually authorized 41 453 applications for CoCs for cottages (Note). Throughout the exact same duration, the LandsD has actually authorized an overall of 15 612 applications for the elimination of the alienation limitation. As discussed above, for a little home given on farming land by method of Building Licence, the native villager might negotiate the little home easily after the five-year alienation limitation duration from the date of CoC without the requirement to send an application to the LandsD. Presently, the LandsD does not keep any data connected to cottages which can be easily negotiated in the market.
(3) Applicants for cottages can easily negotiate their cottages upon the LandsD’s approval to get rid of the alienation constraint and payment of the necessary premium. If owners worried choose to partition the residential or commercial property for sale, they can sign up an additional deed at the Land Registry (called Deed of Mutual Covenant) without the requirement to send an application to the LandsD. Neither the LandsD nor the Land Registry preserve the pertinent data.
(4) The Court of Final Appeal (CFA) ruled on the judicial evaluation of the Small House Policy in 2021, validating that all elements under the Small House Policy, specifically Free Building Licence, Private Treaty Grant and Land Exchange, are legal standard rights and interests of the native occupants of the New Territories within the significance of Article 40 of the Basic Law. In view of the historic background of the Small House Policy, having actually functioned for several years, which the CFA has actually supported its lawfulness and compatibility with the Basic Law, we presently have no strategies to evaluate the appropriate policy.
On the other hand, urban-rural combination is among the essential focuses in the advancement of the Northern Metropolis (NM). While taking forward the advancement of brand-new advancement locations in the NM, we will make excellent usage of towns’ cultural resources in the locations and practice the principle of urban-rural combination proactively. Appropriate steps consist of revitalising signature rural structures and developing heritage tracks in towns; booking area for open areas and arranging standard joyful occasions; enhancing sewage and other rural facilities; enabling conversion of the entire block of the New Territories Exempted Houses in pilot locations into dining establishments, retail stores, or guesthouses; leveraging farmland for farming activities; and developing an NM Urban-rural Integration Fund as a pilot plan. The Small House Policy does not restrain the execution of these procedures.
The Government has actually revealed the launch of the $200 million NM Urban-rural Integration Fund. Applications will be welcomed and the very first batch of jobs will be authorized next year, capitalising on neighborhood knowledge to promote rural tourist. We will likewise release the Guidelines on Promoting Urban-rural Integration in the NM within this year. The very first signature job to be released next year, the “San Tin Timewalk”will connect destinations with functions of standard rural architecture along with historic and cultural heritage, developing distinct landmarks and traveler destinations in cooperation with villagers.
Keep in mind: After an application to develop a cottage is authorized by the LandsD, the candidate needs to pay an administrative charge and/or a premium. The candidate might then, in accordance with the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121), use to the LandsD for and acquire the Certificates of Exemption in regard of structure works, website development works and drain works before the beginning of building works.
After the building and construction works are finished, the candidate needs to send a building and construction conclusion report to the LandsD. The LandsD will release a CoC if, having actually performed on-site monitoring, it is pleased that the candidate has actually adhered to all appropriate grant conditions, requirements and commitments as defined in the cottage grant.