DMC and common parts: roofs, corridors, external walls and promised use

Read the DMC definition rather than current occupation

Obtain the DMC and relevant registered instruments through official land-record channels and verify building, phase and accompanying plans. The document may define common parts, reserved rights, exclusive areas and management obligations. Long occupation or a lock does not establish that a space belongs to a particular flat. Mark the advertised area on the plan and locate the corresponding clause instead of relying on the document's title or an inherited practice.

If the record is missing or unclear, ask management to identify its basis and involve the owner or an appropriate professional. 1823 describes routes for property, building and DMC information, but one search result does not resolve every interpretation. An exclusive-use right can carry cleaning, repair or purpose restrictions. It should not be read as an unrestricted right to alter, build on or separately let the area.

Separate owner consent, management rules and statutory requirements

An owners' corporation manages common parts under the Building Management Ordinance and has maintenance and DMC-enforcement obligations. A hired manager does not thereby acquire power to rewrite the DMC. Before placing or installing anything in a corridor, roof or external wall, identify whether it is common, who receives the application and what supporting documents are required, including any separate building or fire-safety requirements relevant to the proposal.

A landlord's permission addresses the tenancy relationship but does not automatically bind other owners or remove statutory requirements. Likewise, management's lack of objection is not proof of building-law compliance. Ask each response to identify what it actually confirms. A one-word approval should not be stretched across ownership, work approval, safety and insurance questions, especially when different organisations have different responsibilities.

Request a decision on a defined location and proposal

1. Describe location, dimensions, use, installation method and timing with photographs and a plan mark. Share only relevant household information. Ask management or the owner what authority is needed rather than circulating a broad request to neighbours without a defined proposal.
2. Request the relevant DMC or rule clause, decision-maker and outstanding matters and retain the correspondence. If the lease promises an area, have the lessor identify the source and limits of that right. Mark it unresolved until the supporting record can be checked.
3. For a dispute, assemble wording, plans, condition and correspondence and ask the district building-management support service about assistance. DMC enforcement or building-management issues may require legal advice and the Lands Tribunal route. Do not resolve it by removing another person's items or blocking access.

Example: a Sai Wan advertisement promises roof use

Hei wants a drying rack at a top-floor letting. The agent says the roof has always been used by that flat, so she requests the DMC and relevant plan and checks the area and any limited-use right. She also asks management about access and placement rules. A direct stairway or existing lock does not become proof that an independent roof is included in her tenancy.

A proposed canopy goes to a separate work-compliance check with an appropriate professional, rather than starting construction because some roof use may exist. She records the verified area and restrictions in the agreement and leaves unresolved promises pending. The routine turns marketing language into an examinable arrangement without presuming either that all roof use is prohibited or that every proposed alteration is permitted.