A Guide to Application for Letter of Approval and Certificates of Exemption for Erecting Agricultural Structures on Private Agricultural Land

Sep 16, 2026

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Provides application guidance for the “one-stop” process to obtain a Letter of Approval (LoA) and Certificates of Exemption (CoEs) under relevant Hong Kong ordinances for erecting new agricultural structures on leasehold private agricultural land in the New Territories. Explains when to apply to the Lands Department, how AFCD conducts preliminary processing, and what categories of structures may be exempted. Sets legislative and land administration conditions, including permitted agricultural or fisheries uses, restrictions on domestic or commercial purposes, eligibility of applicants, and assessment criteria for agricultural operations and related ancillary activities.

LanguageEnglish

CategoryLetters

FormatPDF

Pages14

Reading Time5 min

AccessFree to download

Introduction

One-stop application process and purpose

Exemption scope

Exemption

Structures exempt from LoA and CoEs

Standard Requirements and Assessment Criteria

Legislative requirements for CoEs

Land administration requirements for LoA

Agricultural and fisheries operation requirements

A Guide to Application for Letter of Approval and Certificates of Exemption for Erecting Agricultural Structures on Private Agricultural Land Introduction The purpose of this Guide is to provide applicants with useful information to assist them in their applications through the “one-stop” service for the Letter of Approval (LoA) and the Certificates of Exemption (CoEs) in respect of the building, site formation and drainage works for erecting new agricultural structures under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121) on leasehold private agricultural land in the New Territories. The information contained in this Guide serves as general reference only, and would be subject to changes from time to time. 2. If an applicant wishes to construct structure(s) on leasehold private agricultural land in the New Territories that are intended to be used for agricultural purposes, he must apply to the Lands Department (LandsD) for a LoA. Instead of complying with the Building Ordinance (Cap. 123) 1, the applicant may apply to the LandsD for the CoEs in respect of building, site formation and drainage works in accordance with Cap. 121 prior to the commencement of any works. No regularization of unauthorized structures which have already been built without permission would be allowed. 3. Since 15 August 2022, in order to facilitate the applications for LoA and CoEs (collectively referred to as “the Applications”) and reduce the processing time, the Agriculture, Fisheries and Conservation Department (AFCD) receives the Applications on behalf of the LandsD as a “one-stop” service and then conducts preliminary processing concurrently. Taking into account the inputs provided by the AFCD and other relevant Government departments, the LandsD will ultimately consider whether to approve the Applications. Exemption 4. Structures such as rainproof and shading sheds, which are constructed of frame and transparent polyethylene film/shading nets are exempted from obtaining LoA and CoEs. However, controlled environment greenhouses and livestock structures are not entitled to such an exemption. The exempted structures must be used directly for farming/fisheries purposes or related directly to farming/fisheries operation, including agriculture/fisheriesrelated ancillary activities endorsed by the Director of Agriculture, Fisheries and Conservation (DAFC) as listed in paragraph 8 of this Guide. Examples of such exempted structures are available on the AFCD’s web page: [https://www.afcd.gov.hk/english/agriculture/agr_hk/agr_hk_app/agr_hk_app.html](https://www.afcd.gov.hk/english/agriculture/agr_hk/agr_hk_app/agr_hk_app.html) 1 If a person wishes to carry out building works in the New Territories, he has to comply with Cap. 123, unless he has obtained from the Director of Lands the relevant CoE that takes effect under Cap. 121. Standard Requirements and Assessment Criteria Legislative Requirements 5. Subject to the provisions of Cap. 121, the Director of Lands shall issue a CoE in respect of building works in the New Territories for a building to be built on agricultural land and to be used solely for agricultural purposes. Such building when constructed will be of a single storey and a height of not more than 4.57 m2. Requirements in respect of Land Administration 6. The structure(s) to be covered by the LoA shall be used only for agricultural or fisheries purposes, including leisure ancillary activities endorsed by the DAFC. They shall not be used for domestic, commercial, godown or industrial purposes. Except for designated commercial facilities 3 for operating agriculture/fisheries-related ancillary activities endorsed by the DAFC, no commercial recreational facility should be permitted inside the structure(s) or on any parts of the land concerned, such as: (i) catering facilities offering services, such as canteen or restaurant open to visitors; (ii) indoor recreation facilities tha

FAQs

When must an applicant apply for a Letter of Approval (LoA)?

If constructing structure(s) on leasehold private agricultural land in the New Territories for agricultural purposes, the applicant must apply to the Lands Department for a LoA.

What is the purpose of the one-stop service for LoA and CoEs?

Since 15 August 2022, AFCD receives LoA and CoE applications on behalf of LandsD, provides preliminary processing concurrently to reduce processing time, and then LandsD considers whether to approve the applications.

Which structures are exempted from obtaining LoA and CoEs?

Rainproof and shading sheds constructed of frame and transparent polyethylene film/shading nets are exempt. Controlled environment greenhouses and livestock structures are not entitled to the exemption.

Sep 16, 2026

Upload by Tawan