What will we do?
The Authority may take enforcement action under the Ordinance by the following means:
- Enforcement Notice (section 23(1))
- Stop Notice (section 23(2))
- Reinstatement Notice (section 23(3))
- Other Enforcement Actions
- Notice to Require Provision of Information (section 22(7))
- Compliance Notice (sections 23(4A) and 23(8A))
- Registration and Discharge of the Notices in the Land Registry
Enforcement Notice (section 23(1))
- The Authority may serve an Enforcement Notice to the land owner, occupier and responsible person when the Authority is of the opinion that an unauthorized development is / was undertaken on the land involved.
- The notice recipients should take steps to discontinue the unauthorized development by the specified date. Failure to comply with the Notice is an offence.
Q&A
Prior Warning
Question:
Will warning be given before taking enforcement action?
- Warning letter may be issued to the land owner, occupier and person responsible for the unauthorized development in the process of planning enforcement. It will be issued by post and may also be posted on site.
- No warning letter will be issued if the site was subject to previous enforcement action.
Owner’s Responsibility
Question:
I am not responsible for the unauthorized development on my land. Why does the Authority serve an Enforcement Notice to me?
- As a land owner, you have the responsibility to ensure no unauthorized development on your land.
- The Authority may serve an Enforcement Notice to you when there is or was an unauthorized development on your land. You should take steps to discontinue the unauthorized development by the date specified in the Notice. Failure to comply with the Notice is an offence.
Extension of Deadline
Question:
I have received an Enforcement Notice requiring me to discontinue the unauthorized development by a specified date. Can I extend the deadline as I need more time to comply with the Notice?
- As the notice recipient, you should take all steps to discontinue the unauthorized development and inform the Authority the steps which have been taken. Failure to comply with the Notice by the deadline is an offence.
Servicing Notice
Question:
How will I know if a notice has been served to me?
The Authority may serve notices to the land owner, occupier and person responsible for the unauthorized development –
- By post or
- By posting the notice in a prominent position on or near the land or on any premises / structure on the land affected by notice.
The notice will also be registered at the Land Registry.
- The Authority may serve a Stop Notice, if the Authority considers that continuing the unauthorized development could constitute a health or safety hazard; adversely affect the environment; or make it impracticable or uneconomic to reinstate the land within a reasonable period.
- The notice recipients should discontinue the unauthorized development and take steps to prevent anything related to those relevant matters from causing adverse effects. Failure to comply with the Notice is an offence.
Reinstatement Notice (section 23(3))
- The Authority may serve, after an Enforcement Notice or Stop Notice, a Reinstatement Notice if the Authority considers the land condition has to be restored. The notice recipients should take the steps as specified in the Notice.
- The Authority may require the notice recipients to reinstate the land:
- if the land falls within a DPA, then to the condition immediately before the first gazettal of the DPA Plan or the IDPA Plan (if any);
- if the land falls within a RA, then to the condition immediately before the material date (i.e. 9 December 2022); or
- to other conditions that the Authority considers satisfactory and more favourable to the notice recipients
- The steps specified in the Reinstatement Notice usually include removal of the fill materials and grassing the land, so as to restore the site condition and greenery. Failure to comply with the Notice is an offence.
Q&A
RN Considerations
Question:
What are the considerations when issuing a Reinstatement Notice?
A Reinstatement Notice may be issued after the Enforcement Notice or Stop Notice if the Authority considers the land condition should be restored.
Considerations when issuing a Reinstatement Notice include:
- Impacts caused by the unauthorized development, including impacts to the environment, public safety and amenity;
- Location of the unauthorized development, including the planning intention of the land use zoning on relevant statutory plans, site and surrounding conditions;
- Past condition of the site, including that before the first gazettal of the relevant DPA plan or the IDPA plan (if any), before the material date (i.e. 9 December 2022) in the case in RA, before the imposition of the relevant pond / land filling restriction (if applicable) and before the occurrence of the unauthorized development; and
- Comments from relevant government departments, if necessary.
Required Steps
Question:
What are the required steps in the Reinstatement Notice?
- The steps required in the Reinstatement Notice vary depending on the site condition. They usually include removal of debris, leftover and fill materials (including hard paving and asphalt) and grassing the concerned land, so as to restore the greenery and ensure compatibility with the planning intention of the zoning on the statutory plan.
Grassing the land
Question:
What is the purpose of grassing the land as required in the Reinstatement Notice?
- To restore the greenery and amenity so that the land is in harmony with the surrounding landscape, the Authority may specify the requirement of grassing the land in the Reinstatement Notice.
Review of Reinstatement Notice
- A person who is aggrieved by the Authority’s decision on a Reinstatement Notice may apply to the Secretary for Development for a review within 30 days after service of the Notice. The decision on the Notice under review will be suspended until the review is completed.
Other Enforcement Actions
- If an Enforcement Notice, a Stop Notice or a Reinstatement Notice is not complied with by the date specified, the Authority can enter the land under section 23(7) of the Ordinance and take any necessary steps to ensure the unauthorized development is discontinued, to prevent the adverse effects, or to reinstate the land. These steps may involve in taking possession of, removal, detention and disposal of any movable property on the land.
- The expenses incurred by entering the land and taking necessary steps may be recoverable as a civil debt from the person who served with the notice.
Notice to Require Provision of Information (section 22(7))
- The Authority can serve a Notice to a person requiring for provision of information within a specified date if the Authority has reasonable grounds to believe that the person has the information related to enforcement of unauthorized development. Failure to comply with the Notice is an offence.
Compliance Notice (sections 23(A) and (8A))
- The Authority will serve a Compliance Notice if the Authority is satisfied that the requirements of the Enforcement Notice, Stop Notice or Reinstatement Notice have been compiled with.
Unauthorized development discontinued after enforcement action
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Land reinstated after serving Reinstatement Notice
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Registration and Discharge of the Notices
- The Enforcement Notice, Stop Notice and Reinstatement Notice served by the Authority will be registered in the Land Registry.
- When the Authority is satisfied that the notices have been compiled with, a Compliance Notice will be served and will be registered at the Land Registry to discharge the previous Enforcement Notice, Stop Notice and Reinstatement Notice.
