A buyer wants to use an industrial unit as an office. Which of the following might the estate agent need to check? (i) Whether the Government lease user clause permits office use. (ii) Whether office use is permitted in the OZP zone or needs planning permission. (iii) Whether the Building Authority requires notice for the material change in use. (iv) Whether the Estate Agents Authority has approved the change.
Answer: (i), (ii) and (iii) only. (i) True. The lease user clause may forbid office use without a waiver or lease modification. (ii) True. The zoning may list office use under Column 1, Column 2 or not at all. (iii) True. A material change in use requires notice under section 25 of the Buildings Ordinance. (iv) False. The EAA has no power to approve changes in use. Rule: Use of land is controlled at three levels: the Government lease (Lands Department), statutory plans (Town Planning Board) and building safety (Building Authority). Source: Town Planning Ordinance (Cap. 131), section 16; Buildings Ordinance (Cap. 123), section 25; Government lease conditions; as at Oct 2026
Checking only one of the three layers of control.
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Start practising →An original question written to the published EAQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.