 In buying or renting a residential unit, one must think carefully before altering any parts of the unit as it may involve the structural safety of the building. The following is a case of losses and dispute caused by ignorance of structural alteration, combined with a failure to seek professional opinion in time.
Through an estate agent, Mr Cheung, a property owner, negotiated with Ms Lee, a prospective tenant, about the leasing of a flat owned by Mr Cheung. Ms Lee planned to convert the two adjoining bedrooms into a larger room. She asked Mr Cheung whether she could pull down the wall between the bedrooms. Mr Cheung knew nothing about the structure of the building but in order to rent out the flat as quickly as possible, said without hesitation that there would be no problem. He also agreed to include a provision for the demolition of the wall in the lease.
Two days after signing the lease with the tenant, Mr Cheung, while chatting with a friend, mentioned about the new tenant's request for pulling down a wall. The friend said that some walls were not to be pulled down. Mr Cheung began to have misgivings, and took the trouble of checking with professionals.
Finally, Mr Cheung learned that the wall in question was in fact a load-bearing wall. If removed, the structural conditions of the building would be adversely affected, the Buildings Ordinance (Cap. 123 of the Laws of Hong Kong) clearly contravened. He proposed to the tenant that the wall be preserved, but she would not agree. After weighing the consequences, Mr Cheung decided to cancel the lease and return the deposit to Ms Lee.
Mr Cheung should have understood that the structural soundness of a building requires specialized knowledge and he should have sought the professional opinion of a surveyor or architect. He should have signed the agreement with the tenant only after finding out whether the wall could be demolished so as to avoid incurring legal liability.
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