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In response to media enquiries on matters relating to the advice from the Sales of First-hand Residential Properties Authority (SRPA) to prospective purchasers on a lobby to a fireman's lift, the SRPA today (October 23) gave the following reply:
The underlying principle of the Residential Properties (First-hand Sales) Ordinance is to enhance the transparency, fairness and consumer protection in the sale of first-hand residential properties by requiring vendors to make available to the general public information prescribed under the Ordinance.
The SRPA understands that a lobby to a fireman's lift and the floors which are reached by the fireman's lift must be separated by walls and doors, and the fire resistance ratings of those walls and doors must not be lower than the fire resistance rating specified for the building components of the same floor (i.e. a lobby to a fireman's lift is a protected lobby). Also, no combustible articles can be placed in a lobby to a fireman's lift and each lobby to the fireman's lift should have access, without any obstruction or lockable door, to an exit route.
The Ordinance requires that a vendor must state in the part on "relevant information" of a sales brochure information which is known to a vendor but is not known to the general public, and which is likely to materially affect the enjoyment of a residential property.
The SRPA considers that if a lobby to a fireman's lift forms part of a first-hand residential property for sale to purchasers, the vendor may be required to state such information in the part on "relevant information" in the sales brochure, given that prospective purchasers are not able to know by looking at the floor plan of the first-hand residential property in the sales brochure that a lobby to a fireman's lift forms part of a residential property, and the restrictions on the usage of such a lobby are likely to materially affect an individual owner's enjoyment of the residential property.
It has come to the SRPA's attention recently that, after the implementation of the Ordinance, in some of the first-hand residential properties in some developments/phases of a development, the vendors have included a lobby to a fireman's lift to form part of a first-hand residential property for sale to purchasers. But the vendors concerned have not stated such information in the part on "relevant information" in the sales brochures concerned.
Upon noticing the aforementioned situation, the SRPA has re-examined the sales brochures of over 200 developments/phases which were offered for sale after the implementation of the Ordinance and examined the building plans of those developments/phases as approved by the Building Authority which were likely to have the aforementioned situation.
The SRPA observed that the aforementioned situation was found in some of the first-hand residential property offered for sale in three developments/phases. They are, namely, Area N1D and Area N1E of Discovery Bay City (Amalfi), Deauville and Kennedy Park at Central.
According to information the SRPA has in hand, none of the first-hand residential properties which are currently being offered for sale have a lobby to the fireman's lift forming part of the residential property.
The SRPA has issued a reminder for the trade on the matter, and has drawn prospective purchasers' attention to the matter so that they will be cautious about it.
Regarding the aforementioned three developments/phases, the SRPA has written to the vendors concerned to require them to provide justifications for not stating the information that they have included a lobby to a fireman's lift to form part of a residential property for sale to purchasers in the part on "relevant information" in the sales brochure, and provide further information on the calculation of the saleable area of the first-hand residential properties concerned. The SRPA will consider the justifications put forth by the vendors concerned, and consider what follow-up actions to take. If necessary, the SRPA will seek the advice of the Department of Justice.
The Buildings Department (BD) published the fifth corrigenda to the Code of Practice for Fire Safety in Buildings 2011 on October 22, 2015. Among the various amendments, the intention that a lobby to a fireman's lift should be designed as a common area is re-affirmed. Also, the Lands Department issued a letter to the Law Society of Hong Kong and the Real Estate Developers Association of Hong Kong on October 22, 2015, to set out its position on whether it is appropriate to include a lobby to a fireman's lift to form part of a residential property and the views of the Fire Services Department and the BD on this, and reminded their members to take note of these when they draft the Deed of Mutual Covenant.
The SRPA attaches importance to promoting the awareness of the general public on the protection which the Ordinance provides to prospective purchasers. For situations which are suspected of having contravened the Ordinance or which are undesirable and which will possibly affect prospective purchasers' interests seriously, the SRPA will issue press releases to alert prospective purchasers. Prospective purchasers should seek advice from professionals if they are in doubt in order to protect their interests.
Ends/Friday, October 23, 2015
Issued at HKT 19:39
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