Waiver Permit Template for Hong Kong

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Key Requirements PROMPT example:

Waiver Permit

"I need a Waiver Permit for converting the ground floor of my residential property at 123 Happy Valley Road into a retail space starting March 2025, with potential operation as a cafe and gift shop."

Document background

A Waiver Permit is a crucial document in Hong Kong's property and development landscape, issued when property owners or developers need to modify existing land use restrictions or lease conditions. The permit is typically required when the intended use of a property differs from what is permitted under the original land grant or lease conditions. The document specifies the scope of the waiver, duration, fees, and compliance requirements, ensuring that any modifications align with relevant regulations and safety standards. A Waiver Permit must comply with Hong Kong law, particularly the Buildings Ordinance, Town Planning Ordinance, and Lands Department requirements. It serves as a formal authorization from the government, allowing temporary or permanent modifications to land use while maintaining regulatory oversight and ensuring public safety.

Suggested Sections

1. Parties: Identification of the Government Authority (typically the District Lands Officer) and the Permit Holder

2. Property Details: Precise identification of the subject property including lot number, address, and registered particulars

3. Definitions: Definition of key terms used in the permit including 'Premises', 'Permitted Use', 'Fee', etc.

4. Grant of Waiver: Clear statement of the waiver being granted and its general scope

5. Duration: Period for which the waiver is granted, including commencement date and expiry conditions

6. Fees: Details of waiver fees, payment schedule, and review mechanisms

7. Conditions: Standard conditions that apply to the waiver permit

8. Compliance Requirements: Specific requirements for compliance with buildings, fire, and other relevant regulations

9. Termination: Circumstances under which the permit may be terminated and consequences of termination

Optional Sections

1. Special Conditions: Additional conditions specific to the particular use or circumstances - include when non-standard uses are permitted

2. Insurance Requirements: Specific insurance obligations - include when the waived use involves public access or higher risk activities

3. Environmental Requirements: Environmental protection measures - include when the waived use has potential environmental impact

4. Operating Hours: Restrictions on hours of operation - include when the waived use might affect neighboring properties

5. Additional Safety Measures: Special safety requirements - include when the waived use involves hazardous activities or materials

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property including boundaries, measurements, and relevant plans

2. Schedule 2 - Permitted Uses: Detailed specification of the uses permitted under the waiver

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, including calculation method and review dates

4. Schedule 4 - Technical Requirements: Specific technical requirements and standards that must be met

5. Appendix A - Site Plans: Approved plans showing the area subject to the waiver permit

6. Appendix B - Photographs: Current photographs of the relevant areas (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Construction

Retail

Hospitality

Industrial

Commercial Property

Urban Planning

Architecture

Land Surveying

Relevant Teams

Legal

Compliance

Property Management

Project Development

Operations

Facilities Management

Construction

Planning

Real Estate

Technical Services

Relevant Roles

Property Manager

Development Director

Legal Counsel

Compliance Officer

Real Estate Manager

Project Manager

Facilities Manager

Construction Manager

Authorized Person

Land Surveyor

Architect

Urban Planner

Property Director

Operations Manager

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