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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationAn occupation permit for a building shows two shops on the ground floor, but the ground floor has been split into four shops. A client wants to buy one of them. What should the agent do?
Answer: Check whether the subdivision was lawful and approved, and recommend legal advice. Why not the others: - Partitions never need approval: Works affecting structure, drainage or fire safety may need approval. - The occupation permit no longer matters: It records the approved layout and use and is key evidence on title. - Owners' corporation amends the permit: Only the Building Authority issues occupation permits. Rule: If the occupation permit shows fewer units than actually exist, persons dealing with the units should find out whether the partition is lawful and authorised; licensees should recommend legal advice. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 4, para 39; Buildings Ordinance (Cap. 123), section 21; as at Oct 2026
Ignoring a mismatch between the occupation permit and the actual layout.
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