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Navigating Regulations and Leases for Church Properties in HK

Explore the legal rights, lease conditions, and common concerns related to church properties in Hong Kong, including laws on buildings, town planning, and land use. Gain insights on dealing with multiple ownership buildings and redevelopment challenges. Get expert advice for your unique situation.

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Navigating Regulations and Leases for Church Properties in HK

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  1. Discussion Topics for Church Property for HKCCCU 100918 1. Rights and Controls 2. Common Concerns 3. Q&A Session

  2. 1. Rights and Controls • LAW: Cap 123 Buildings Ordinance • Structural safety • Means of Escape (MOE) • Toilet provisions • LAW: Cap 131 Town Planning Ordinance • Land Use (no more Religious use) • Traffic (Victoria Rd) • Height (NPMC)

  3. 1. Rights and Controls • CONTRACT: Lease Conditions • St John’s Cathedral (only free-hold land in HK) • Premium/Waiver for change in use • Profit Tax (Deerhill) • Social Centre/School cum church • CONTRACT: Deed of Mutual Covenant (DMC) for Multiple Ownership Buildings

  4. 2. Common Concerns • LAND: Redevelopment of church property subject to above-mentioned laws and lease • St. Andrew’s Church Kln (listed monument) • St. James’ Settlement Wanchai (height/traffic) • China Congregational Church Causeway Bay • Deerhill • NPMC (EVA/height) • LAND: Purchase of land & Modification • Wing Kwong Church • Yan Fook Church

  5. 2. Common Concerns • GIC Premises • Multiple Ownership Bldgs- Check DMC • Office Buildings- Church in Admiralty • Residential Buildings- NOT Religious use • Industrial Buildings- NOT Religious use • All former I-land in the whole of Kln has been rezoned to Non-I use BUT I-buildings remains • (I-land remains in Ap Lei Chau, Chai Wan, Kwai Chung, Tsuen Wan, Tuen Mun, Shatin and Fanling Only)

  6. 3. Q&A • (Church) Property are controlled by Laws and Lease • Every premises has unique set of “limitations” • Each Congregation has particular requirement • Find professional help for case-by-case assessment • Questions please!

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