• 11/27/2024

Up to 3 years’ jail proposed as penalty for Hong Kong landlords of substandard subdivided flats

Hong Kong Free Press

landlord fines

Landlords of substandard subdivided units could see fines of HK$300,000 or prison sentences of up to three years under penalties proposed by the Hong Kong government.

The Housing Bureau said in a Chinese-language consultation document submitted to the legislature on Wednesday that the government aimed to phase out subdivided units that measured less than eight square metres, did not have a separate toilet, and did not meet fire-safety standards.

Sammy Hui sits in his subdivided unit, which may be found to be substandard under new planned legislation, on October 15, 2024. Photo: Kyle Lam/HKFP,.
A man sits in his subdivided unit, which may be found to be substandard under new planned legislation, on October 15, 2024. File photo: Kyle Lam/HKFP,.

A public consultation period on the regulation of subdivided units will begin next Monday until February 10, according to the document.

The government will submit a bill to the legislature following the consultation period and hoped to complete legislation next year.

Chief Executive John Lee announced in the 2024 Policy Address the introduction of a bill to crack down on substandard subdivided units and to rename those that pass regulation as Basic Housing Units.

Sham Shui Po Shabby homes subdivided cage homes
Old residential buildings in Sham Shui Po. Photo: Kyle Lam/HKFP.

According to the document submitted to the legislature, there are around 110,000 subdivided units in the city, accommodating around 220,000 residents. Among them, approximately 30 per cent are substandard, which would need to undergo “significant renovation” to meet the new legislation.

See also: The infamous ‘coffin homes’ that Hong Kong’s new housing reforms won’t touch

All owners of subdivided units are required to register their units following the legislation, a period that will last 12 or 18 months, the authorities proposed. Registration was expected to begin in the fourth quarter of 2025, following legislation.

Those that fail to meet the standards will be given a grace period of 12 to 24 months to renovate.

Chief Executive John Lee
Chief Executive John Lee at the 2024 Policy Address press conference on Wednesday, October 16, 2024. File photo: Kyle Lam/HKFP.

Owners or sub-landlords who lease unqualified subdivided units or Basic Housing Units that are later found not to meet regulations will face a penalty of up to HK$300,000 or up to three years in prison.

Those providing false information to the government will be fined up to HK$10,000 or jailed up to three months.

‘Step by step’

The authority said enforcement action to crack down on unqualified units would proceed step by step after the end of the grace period.

subdivided flat
A subdivided flat in To Kwa Wan. Photo: Hillary Leung/HKFP.

Subdivided units that were not registered or certified would be a priority for enforcement, with the next focus being on those that failed to meet the new legislation but continue to be rented out.

Social workers will assist residents affected by the enforcement in searching for other Basic Housing Units, the Housing Bureau said, adding that these residents, even if they were already in the queue for public housing, would not be allocated a public unit any sooner.

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https://hongkongfp.com/2024/11/27/up-to-3-years-jail-proposed-as-penalty-for-hong-kong-landlords-of-substandard-subdivided-flats/