Home to 7.5 million people and short on space, Hong Kong has
long been the world’s least affordable housing market. Hundreds
of thousands of residents still live in cramped subdivided
flats, many of them enduring lengthy waits for public housing.
But in 2023, landslides triggered by a record-breaking
downpour exposed how some of the city’s wealthiest living at
Redhill Peninsula had expanded their homes with grand but
unauthorised add-ons – from swimming pools to basements – on
government land at essentially no cost.
Yet the high-profile case is anything but rare, according to a
Post investigation that uncovered suspected unauthorised land
encroachment and structures at three other upmarket estates,
following a wider study by an NGO.
The Post’s exposé sparked an investigation by authorities, which told homeowners to take action, cease their occupation of government land and remove the unauthorised structures.
Read the epilogue to see what changes – if any – have been made.
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Homes with suspected deviations
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Official estate area
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Artificial slopes
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Natural slopes
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Past
landslides
Construction on the slope
Additions appear to sit atop the government-owned slope.
Flamingo Garden is one example among many. The Liber
Research Community, an NGO, conducted research soon after
the Redhill Peninsula scandal broke and found at least 173
houses suspected of illegally occupying land at luxury
estates across the city.
The Post took a deep dive into three of the estates to study
the extent of non-compliance by comparing live drone footage
with original construction plans, the government’s lot
boundary records and past satellite images to understand the
citywide situation.
* NON-BUILT-UP AREA: Nature, agriculture and barren
land, as well as water bodies.
URBAN or BUILT-UP LAND: Land for residential (7.2%),
transport (6.4%), institutional (5%), other (4.3%), industrial
(2.2%) and commercial (0.4%) use.
Villa Rosa
Garden paths and steel platforms
Perched above Redhill Peninsula, Villa Rosa boasts 16
houses of more than 3,300 sq ft each, with the latest sale
in 2022 hitting HK$119 million and monthly rents currently
reaching HK$300,000.
Most of the homes are seen with their gardens extended on
government land and having unauthorised structures.
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Homes with suspected deviations
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Official estate area
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Artificial slopes
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Natural slopes
-
Past
landslides
Some of the houses increased the size of their gardens by at
least double, extending beyond their allowed limits.
Up to 11 out of 16 houses are suspected of having extended
their gardens onto government land without permission.
At least 13 appear to have unauthorised building works.
Check the video-graphic below
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After a Post inquiry, the government has confirmed 13 flats
occupy government land and 10 homes have unauthorised
structures on their rooftops or in their gardens.
HOUSES SUSPECTED OF HAVING ADDITIONAL STRUCTURES OR EXTENDED
GARDENS
Surveyor Vincent Ho Kui-yip questions the stability of the
steel platforms as they are not resting on a stable
foundation.
Veteran structural engineer Ngai Hok-yan also says the
structures are likely to be unauthorised, with developers most
probably already having maximised the plot ratio – the
development density permitted under planning rules – during
the design stage.
Two building professionals say any additional load is bound to
affect slope stability and the extra concrete structures at
both houses may indicate the presence of basements.
Centaline Surveyors executive director James Cheung King-tat
says some buyers may be willing to pay for a larger living
space but with a discount on the unauthorised area, such as
half of the price per square foot.
For example, if a 3,000 sq ft house is priced at HK$90 million
(US$11.5 million), or HK$30,000 (US$3,836) per square foot, a
1,000 sq ft illegal extension can yield an extra HK$15 million
(US$1.92 million) if the buyer asks for a 50 per cent
discount.
Cheung says the additions can also generate extra rental
income as tenants may pay more for the extended space, given
that they do not bear the legal responsibilities and only have
to move out if there is enforcement action.
The Redhill Peninsula landslide
The start of the exposé
Unauthorised building works at the luxury Redhill Peninsula
estate, just below Villa Rosa, sparked the latest land grab
saga.
The day after the record-breaking rains lashed the city on
September 7 and 8, 2023, building authorities were notified of
the landslide at Redhill Peninsula, which exposed unauthorised
works and illegal occupation of government land at four
houses. The government moved to issue removal orders to the
owners.
Since then, authorities found another 70 of the 85 seaside
homes had extended beyond their legal limits, had built
unauthorised structures, or had undertaken both add-ons.
AREA AFFECTED BY THE LANDSLIDE
The estate’s 256 buildings and houses provide a combined 494
flats.
Unauthorised structures add extra load to the government-owned
slope and compromise the safety of buildings and the land
itself.
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SEPTEMBER 7 to 8, 2023 | THE DAYS OF THE GREAT RAIN
During the downpour, the city logged its highest hourly
rainfall of 158.1mm since records began in 1884.
The city recorded 26 landslip warnings between 2014 and 2023,
five more than the previous decade, amid rising levels of
rainfall.
Landslide area in the Redhill Peninsula
Experts say the illegal structures at the four seafront
houses, three of which were unlawfully occupying government
land, may have destabilised the soil, which was then further
affected by the rainstorm.
Heavy rainfall and the geology of the area are also believed
to have contributed to the landslide, but authorities are
still investigating the exact causes.
The citywide downpour hit on the night of September 7. The
Observatory first issued its lowest-tier rainstorm warning at
9.25pm and escalated it to the highest level within 100
minutes, eventually lasting for 19 hours until the next
afternoon.
Authorities recorded 75 landslide reports – including the one
in the Redhill Peninsula – as of midday on September 10.
FIX IT OR FACE THE MUSIC
The government has demanded homeowners fix the violations
within 60 days or 150 days, depending on their severity. Those
who fail to comply on time without a reasonable excuse face
prosecution.
Owners of houses No 70, 72, 74 and 76 will also have to foot
the bill of the slope repair works if their illegal structures
are found to have triggered the landslide.
PROSECUTIONS OVER UNAUTHORISED BUILDING WORKS IN THE PAST
DECADE
The Buildings Ordinance provides hefty penalties for convictions
of unauthorised construction, with maximum fines of HK$400,000
and jail terms of up to two years.
But Vincent Ho Kui-yip, former president of the Hong Kong
Institute of Surveyors, says parties involved such as
professionals and construction companies are often not easily
linked to any solid evidence as paperwork is kept deliberately
sparse.
Instead, the government is left to issue statutory removal
orders to house owners.
HOW THE PENALTY PROCESS WORKS
The government enforces relevant laws through the Buildings
Department and Lands Department. The former regulates structures
on private land, while the latter is responsible for managing
unleased government land.
But analysts say the government’s leniency and lax law
enforcement are some of the key reasons behind its failure to
eradicate illegal structures.
An analysis by the Post of the Buildings Department data* shows
that criminal prosecutions have been made in at least 81 cases
of unauthorised structures since 2013. Only 14 cases concern
luxury residences, with the rest mainly relating to other
buildings.
*The Buildings Department does not keep an open tally of all
related prosecutions, only publishing more serious cases in
which fines slapped on owners go beyond a certain level.
TOP 5 PENALTIES IN PAST 11 YEARS
FINES DWARFED BY RENTAL INCOME
*Based on average monthly rental of HK$78,333 for houses in
Discovery Bay listed on Centaline Property’s website in Jan 2024
PAST SCANDALS AMONG THE POLITICAL CLASS
The problem of illegal structures has persisted over the years,
at times landing high-level officials in hot water.
Henry Tang Ying-yen | Former chief secretary
The discovery of an illegal 2,300 sq ft basement, reportedly
replete with a wine cellar and a Japanese bath, in Henry Tang’s
Kowloon Tong home eventually cost him his election bid for the
city’s top job in 2012.
Teresa Cheng Yeuk-wah | Former justice secretary
A scandal erupted in 2018 when the adjoined homes of then
justice secretary Teresa Cheng Yeuk-wah and her husband in Tuen
Mun were found to have 10 illegal extensions.
The added structures, which together added up to 1,800 sq ft,
were estimated to be worth HK$35 million. Cheng has degrees in
law and engineering, and co-wrote a book on construction law.
ONE YEAR ON
The Post returned to the three luxury estates a year after publishing its report.
Of the 50 houses, 34 occupied government land and 44 had unauthorised structures, authorities confirmed. Officers issued notices, removal orders or advisory letters to owners asking for rectification.
But only nine houses had ceased occupying government land. Another 18 homeowners had either started restoration works or submitted slope assessment reports to authorities.
Only five properties had fully complied with building orders over unauthorised structures and 11 were undergoing demolition works. Another four homeowners had lodged appeals.
The government said it would continue to follow up on the other cases and consider prosecution.
Experts said owners could have reasonable excuses for the delays, such as tenants being relocated and plans awaiting approvals.
FLAMINGO GARDEN
Seven houses appear to have removed structures or are undergoing works. Two houses have filled in their illegal swimming pools, while gardens and unauthorised structures on public land at six houses have also been demolished.
Authorities said seven of the nine blocks occupying government land had ceased doing so, while another had started demolition works as of the end of last December.
The government said nine of the 15 houses with unauthorised structures were carrying out demolition works. Four homeowners had filed appeals.
SEAVIEW VILLAS
Some of the additional structures are no longer seen at three houses, suggesting they have been removed. The gardens of two of those houses appear to have retreated, with fences erected.
The ponds at one of the blocks have been partly filled in. But no obvious changes are visible at some of the homes.
Authorities said two of the 15 houses occupying public land had complied with restoration notices and another seven had started demolition works.
Four of the 17 houses with unauthorised structures had complied with the removal orders, while another two were undergoing demolition works, the government said.
VILLA ROSA
One house has scaled back its garden, adding fences and pillars. Another two can be seen having work done at their gardens on public land.
The government said 10 houses were subject to land notices, of which two had started restoration works and eight had submitted slope assessment reports.
Officers also sent removal orders to two homeowners and issued advisory letters to urge another 10 to rectify their illegal additions. Only one house had complied with the removal orders.
More than 15 months after the Redhill Peninsula landslide,
homeowners have made progress in fulfilling 66 per cent
of the 72 removal orders issued over unauthorised structures.
More than half of the 33 houses found to have occupied
government land have also taken action to demolish their additions.
More than 15 months after the Redhill Peninsula landslide,
homeowners have made progress in fulfilling 66 per cent
of the 72 removal orders issued over unauthorised structures.
More than half of the 33 houses found to have occupied
government land have also taken action to demolish their additions.
Associate Creative Director Marcelo Duhalde
Filming Daniel Suen, Llewellyn Cheung
Additional web development Dennis Wong
Editing Kieran Cash
Sources: National Academy of Economic Strategy, CASS (NAES, CASS),
United Nations Human Settlements Programme, UN-HABITAT,
safecities.economist.com, Numbeo Cost of Living database, GeoInfo
Map, Hong Kong Map Service, The Buildings Department’s BRAVO
system, Lands Department
All drawings are for illustrative purposes only and are not to
scale. They are based on photographs and footage taken by the SCMP
in its research. Parts and structures not recorded in the approved
building plans as registered in the Buildings Department are
marked in red. All images are edited and intended only to provide
a general overview of the research outcomes. Some are processed
with computerised imaging for clarity. None shall constitute any
legal or professional advice, judgment or interpretation and
should not be relied on or treated as a substitute for specific
advice relevant to particular structures or circumstances. The
SCMP shall not assume any liability arising from the use of the
above or reliance upon its contents.
Photos of Flamingo Garden, Seaview Villas and Villa Rosa were taken in November 2023, with the Post returning to the sites in January 2024.
The Post recorded new footage in December 2024. The Development Bureau in February 2025 replied to the Post’s inquiry filed in December 2024.
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