Reworking homes the legal way

HONG KONG: When Will Toye and Nicole Schoeni bought a top-floor apartment in Pok Fu Lam, they wanted to make the most of the roof, with its panoramic views of Mount Davis and Victoria Harbour. But they were not happy about the black metal staircase that spiralled down from the rooftop — it descended smack into the living room, wasting space and making the whole place feel small.

And it was illegal. They bought the place "as is", like most buyers do in Hong Kong, accepting the potential problem of existing illegal structures. But having spent a hefty sum to buy the apartment, they decided they wanted to rework the space, move the staircase, and have it sanctioned. So Toye, a corporate marketing manager for shipping company Cargo Services Far East, and Schoeni, who runs the contemporary Chinese art gallery that bears her name, made an unusual choice for Hong Kong. They opted to have the staircase reworked legally, under plans that were approved by the Buildings Department.

After three months of paperwork and HK$50,000 (RM19,309.68) in fees to a structural engineer, their plans were cleared and work could start. Including contractors' fees and material costs, the staircase, which took six months to plan and build, set them back about HK$500,000. And then they had to wait for the Buildings Department to check and approve the construction.

"After the emotional stress of it, it's been worth it," Toye said, adding that they were sure they would recoup their renovation costs when they eventually sold the apartment.

Amid the clamour over illegal additions and structures at the homes of politicians and celebrities, there is a small voice of calm noting that it is possible to make structural changes to your home legally. You just need to go through the right channels, and accept that the process will add to costs and take extra time.

Dennis Chan Zhong-guan, a project engineer at Chung & Ng Consulting Engineers, said the sharp rise in Hong Kong property prices had led to an increase in projects that involved building internal staircases, either to the roof or to connect a flat to one above it. Since 2008, his company has worked on 20 internal staircase projects. The process involves appointing an Authorised Person (or AP) — an architect, engineer or surveyor — to supervise the project, and a registered structural engineer to make sure plans are adhered to.

Both work together to compile the necessary drawings, file for approval with the Buildings Department and, if necessary, put the job out to tender. A typical staircase project might run to HK$100,000, Chan said.

Hong Kong introduced new  regulations at the end of last year that stipulate how most renovations should be carried out. The Minor Works Control System is designed to make it easier for contractors and property owners to make legal  renovations, something most owners ignored before.

There are 118 different kinds of work covered, broken into three classes: Class III minor household works; Class II works that are more major but not complex and pose  little risk to safety; and Class I works that are more complicated — such as an internal staircase.

Before the minor-works system, many people refurbishing their homes did not bother to register their renovations, hoping they were exempt. Remaining exemptions include simple painting, plastering and even the moving of non-structural walls. Anything else needs to be cleared, even the addition of a clothes drying rack or air-conditioning platform. "There's no escape now," said Richard Cheung Kwok-oh, who works as an AP. "It's laid down very clearly what you need to submit."

Cheung said individuals might still hope to get away without following the minor-works scheme. But anyone who needs to obtain a licence of any sort for their property must follow the new rules. And the minor works require the owner to hire a registered contractor, which has forced many contractors to register if they want to do anything beyond painting and wall work.

With Class III and Class II works, a registered contractor is sufficient and there is no need to appoint the "building professionals" — the AP and structural engineer — required for Class I works. "It is very much self-regulatory," said Cheung, adding that the Buildings Department was relying on the profession and the registered contractors to comply.

A list of approved contractors, APs and engineers is available on the Buildings Department's website.

For Class I works and serious alterations, the standard response time for applications is three months. But there is also a fast-track system that can cut approval and consent to 30 days. Raoul Preller, who runs Loftliving, a company that rents out 10 apartments on Hong Kong island, went through the process of soliciting approval for two balconies. He added them to an apartment in Old Bailey Street, which he had made into one by combining two apartments.

"It's actually been quite painless," Preller said, adding that renovators had the required time and the right team. "You need the experts to hand-hold the process."

He said the AP was particularly critical in working with the Buildings Department and shepherding the work through the right channels. The contractor also has to follow the designs properly. Stories abound of work being finished, only for the department to reject the renovation because the contractor has diverged from the plans. In such cases, a whole staircase or window enlargement may have to be re-done.

To start work as fast as possible on the Old Bailey Street flat, Loftliving submitted plans for the Juliet balconies before it had even closed the property purchase. That is perfectly legal when you're making "additions and alterations" to a property. Owners do not have to demonstrate clear title, something they must do if they are planning a redevelopment. — SCMP