買賣丁屋 Sale and Purchase of Small Houses in the New Territories

 買賣丁屋

買賣丁屋時大家需留意該丁屋出售的限制。丁屋一般分為兩種︰獲地政署批給男丁的「私地建屋牌」及以低於市價三至四成的「優惠補價」申請的「撥地建屋牌」。以私地建屋牌興建的丁屋一般在五年內不能轉讓。在五年內轉讓的丁並須得到地政署批准及繳交相關地價方能出售。若果該丁屋滿五年後出售則無須補付任何地價。至於買賣撥地建屋牌興建的丁屋前賣家須得到地政署批准補地價才能出售該土地。

此外，買賣丁屋前賣家須向買家提供丁屋的集體官契、建屋牌照、滿意紙等來證明該土地符合法律規定出售。《建築物條例(新界適用)條例》更訂明業主須取得三張就建築工程、掛水工程及地盤整理工程的豁免紙，否則建築物可被視為非法建築物。買家同時需留意丁屋是否符合建築面積限制︰覆概面積不多於700平方呎及建築物高度不多於27英呎，不多於三層。

值得注意的是購買丁屋樓花存在一定風險。由於該物業在興建中並未取得滿意紙，也不能事先補地價，樓花買家不可擁有業權及不受法律保障，也可能因發展商興建物業時出現工程延誤或爛尾而未能取回訂金，銀行也不接受丁屋樓花的按揭。歡迎致電或WhatsApp 69776708 林先生查詢報價及預約。

Sale and Purchase of Small Houses in the New Territories

Cautions should be taken in the sale and purchase of small houses in the New Territories because of its sale limitations. There are two types of small houses, namely ‘Free Building License’ granted to male decedents from the Lands Department and ‘Private Treaty Grant’ by paying a concessionary premium at about 30 to 40% lower than the market price. Generally, small houses with ‘Free Building License’ are prohibited from sale in the first five years. If they are sold within the first five years, the approval from the Lands Department and payment of premium are required. However, it is important to note that no premium is required after five years for this type of small houses. On the other hand, a premium must be paid for small houses with the ‘Private Treaty Grant’.

Apart from that, the seller is required to provide to the buyer the Block Government Lease, the building license and the Certificate of Compliance. The Buildings Ordinance (Application to the New Territories) Ordinance (Cap.121) requires small houses to obtain the three certificates of exemption in respect of building works, site formation works and drainage works, otherwise, the property might be treated as unauthorized building work. Buyers should also be aware whether the small house complies with the restrictions in gross area, which are an area covering not more than 700 sq. ft. and consisting of no more than three storeys with a height not exceeding 27 feet.

Uncompleted small houses should be treated carefully because it provides no legal protection to the buyer. Any uncompleted small houses cannot be granted certificate of compliance and therefore no premium is allowed to be paid. Purchase of small houses without paying the premium is not protected by law and the buyer does not own any land title. Moreover, buyers may not be able to recover deposits in case the property developer causes any delay or incompletion of the agreement. Banks are also unlikely to accept mortgages of uncompleted small houses.