Advances in Engineering Research (AER), volume 72 2016 International Conference on Architectural Engineering and Civil Engineering (AECE-16) Cracking Down on Illegal Subdivided Units in Industrial Buildings A policy Delphi study in Hong Kong Yung YAU Daniel Chiwing HO Department of Public Policy Faculty of Design and Environment City University of Hong Kong Technological and Higher Education Institution of HK Hong Kong, People’s Republic of China Hong Kong, People’s Republic of China e-mail: [email protected] e-mail: [email protected] Abstract—The lack of land and housing supply has resulted in Hong Kong, finding land for housing development in the city shortage of affordable housing in Hong Kong. Low-incomers, is politically thorny. Therefore, supply of more affordable new immigrants and many others cannot afford high rents so housing is never an immediate solution to the ISU problem they seek accommodations in the informal sector. This surging and the current research looks for some workable short-term demand for informal housing is conducive to the proliferation and medium-term solutions. of illegal subdivided units (ISUs) in industrial buildings in the city. The ISUs have posed serious safety threats to the building II. ILLEGAL DWELLINGS IN INDUSTRIAL BUILDINGS occupants. This study aims to explore workable policy options In the early 2010s, Hong Kong’s economy started its to crack down on the problem of ISUs in industrial buildings in Hong Kong. A three-round policy Delphi study is carried out recovery from the global financial turmoil. At the same time, with an expert panel to identify and prioritize policy options the supply of new housing could not catch up with surging for combating the problem. Different measures ranging from housing demand arising from new immigrants and household increasing the frequency of building inspections and imposing formation. Although public rental housing could provide heavier penalties on non-conforming owners to revitalizing accommodations to low-incomers at affordable costs, the industrial premises for domestic uses are proposed by the waiting time has been notoriously long. Many families had panel members. Among these options, stricter enforcement is to seek their accommodations in the private rental sector but considered the most workable option in terms of desirability it was clear that housing costs and family incomes fell out of and feasibility. The results of the policy Delphi study are balance. In view of the imbalance in the housing market, discussed and policy recommendations are made. unscrupulous landlords attempted to make sizeable sums of money from converting their industrial properties into Keywords–building control; building illegality; policy Delphi; dwellings by subdividing the space. illegal subdivided units; unauthorized building works In fact, illegal conversion of industrial properties into dwellings is not unique to Hong Kong. Illegal housing in I. INTRODUCTION industrial buildings is prevalent in big cities in Australia, Various forces such as unaffordable rent in the private United Kingdom and United States and many other countries housing sector and long waiting list for public rental housing [4-6]. Illegal accommodations in industrial premises are in drive some people to live in transient accommodations in general issues of land use change and building control. illegal subdivided units (ISUs) in Hong Kong. ISUs are often Accommodations in industrial sites are strictly prohibited by resulted from unlawful flat subdivision. Flat subdivision zoning regulations in most jurisdictions for various reasons generally refers to the situation where “individual living like public health, fire safety, traffic congestion and living quarters having been subdivided into two or more smaller density concerns. As far as building control is concerned, units for rental” [1]. As at April 2013, 18,800 quarters were production of this type of illegal housing usually involves subdivided in the city, producing 66,900 subdivided units unlawful or unauthorized building works (UBWs). In most and accommodating 171,300 people (accounting for 2.4% of cases, conversion of industrial space into dwelling units Hong Kong’s total population) [1]. Yet, these estimations did comprises spatial remodeling or subdivision. Since the works not include those ISUs in residential buildings built after are carried out in industrial zones where dwellings are 1988 and industrial buildings. While ISU problem in private disallowed, prior approvals from the public authorities are housing stock has been studied, little attention has been paid not obtained before the start of the conversion works. to the problem in industrial buildings. In fact, ISUs in III. ENFORCEMENT AGAINST ILLEGAL SUBDIVIDED industrial buildings have created many firetraps and public UNITS IN INDUSTRIAL BUILDINGS health concerns in the city [2, 3]. This paper thus aims to identify and prioritize policy options for cracking down on A. In Hong Kong the problem of ISUs in Hong Kong’s industrial buildings. Although it is generally believed that increase in land and In Hong Kong, enforcements against ISUs in industrial housing supply is the ultimate solution to the ISU problem in buildings come under three main headings, namely building control, planning control and lease enforcements. In the Copyright © 2017, the Authors. Published by Atlantis Press. 172 This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). Advances in Engineering Research (AER), volume 72 building control regime, all building works in Hong Kong, and give economic disincentive to property owners to including construction of new buildings, additions and undertake UBWs in their properties. alterations to existing buildings and demolition works are Planning control system in Hong Kong is mainly founded subject to statutory control under the Buildings Ordinance. on the statutory plans (e.g. Outline Zoning Plans, To ascertain that the design and carrying out of a building Development Permission Area Plans and Development work meet the minimum acceptable standard, approval of Scheme Plans) produced under the different legislations like building plans and commencement consent must be obtained the Town Planning Ordinance and Urban Renewal Authority from the Building Authority before the building work can Ordinance. Land usage not fulfilling the specific land use commence [7, 8]. Building works carried out in requirements in the respective statutory plans is subject to contravention of this stipulation are generally regarded as enforcement and prosecution actions. The Planning UBWs. Authority may serve notices on the respective land owners, The Buildings Department enforces against UBWs in the occupiers and responsible persons, requiring them to city. Section 24(1) of the Buildings Ordinance empowers the discontinue the non-conforming use by a specified date Building Authority to serve statutory orders on building unless planning permission for the proposed new land use is owners, who can be individual property owners or owners’ obtained, or demanding a reinstatement of the land. It is an corporations, to remove any UBW within a specified period offence in law if the requirements of the notices are not of time. The UBW that has to be removed is explicitly complied with [10]. On the other hand, lease enforcement is specified in an order. Statutory order of this kind is non-statutory in nature but applicable to all leased land, commonly known as a “removal order” or “reinstatement particularly those non-domestic sites, in Hong Kong. It relies order” [8]. The subject of the statutory order is required to on the enforcement of the terms or conditions in government reinstate the parts of the building illegally altered to the leases. Land uses and parameters of development potential original state as per the Buildings Department’s record are specified in the government leases. Non-conforming use drawings [8]. In case the reinstatement work is substantial or of a site, including running ISUs in an industrial building involves structural work, the Building Authority may erected on a non-domestic site, is a breach of lease condition. specifically require the subject of the reinstatement order to Upon the identification of non-conforming uses, the Lands appoint a prescribed building professional to coordinate and Department issue warning letters to the leaseholders supervise the reinstatement work on the subject’s behalf. concerned to request them to stop the non-conformance. If Concurrently, a registered contractor needs to be appointed the warning is ignored, the Hong Kong Government can re- to carry out the works under the supervision of the prescribed enter the land or properties with non-conforming uses. building professional for some more complex reinstatement In spite of the control regimes, bureaucratic incapacity of works. Even if conversion does not involve any building the government departments has been one of the major work, material change in use of a building or part of a obstacles to the effective control of ISUs in Hong Kong [12- building (say from industrial use to domestic use) still 14]. Given the very safety and health concerns arising from requires the prior approval of the Building Authority under the ISU proliferation in industrial properties in Hong Kong, Section 25 of the Buildings Ordinance. In some extreme it is crystal clear that a more effective policy is urgently cases, if the Building Authority is in