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Lease Modification/Waivers

What if you don't like certain lease conditions? What if these conditions are restricting what you want to build?


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 permanent/temporary period which do not comply with his lease conditions, he should apply for a lease modification/waiver from the Lands Department to permanently vary/temporarily relax the restriction(s) under the lease. If the lease modification/waiver application is approved, the Government, as landlord, will require the leaseholder to pay a premium reflecting the enhanced value of the property/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.


Lease modification:

Is a permanent variation of restrictions under Government leases or land grants.


Waivers:

are temporary permissions granted by LD to relax restrictions under Government leases or land grants.



How to apply for a Lease Modification/Waiver?

  1. The applicant(s) should be the registered owner(s) of the property concerned; or his/their authorized persons.

  2. The applicant(s) should submit an application letter together with all supporting documents listed in the application form to the respective District Lands Office for processing.

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