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ROH §18-4.4When you must sign a sworn statement about a building's future use
Read the official text at honolulu.gov ↗If a building official thinks a building could easily be changed into an illegal use, they can require the owner to file a sworn statement. The statement promises the building won't be changed to an illegal use and that the promise binds future owners and renters. A copy of the recorded statement must be shown before a building permit is issued. Lying in the statement is perjury.
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The ordinance, as written (Honolulu County) — Requirement for affidavit
A copy, taken August 22, 2026. The version published by Honolulu is the one that governs, and it may have changed since. Check it before relying on anything here.
(a) Where, in the opinion of the building official, the layout or proposed use of a building can readily be converted to some other layout or use that, upon conversion, would constitute a violation of the land use ordinance or the building code, or both, the building official may require the building owner or owners to file with the bureau of conveyances or in the case of land court parcels with the building department, a sworn affidavit:
(1) That the layout or use of the building will not be converted at a future date to some other layout or use that is illegal; and
(2) That this restriction shall also be binding upon any tenant or lessee or any subsequent owners of the building for as long as the building is in use, or unless otherwise released by authority of the building official.
(b) A certified copy of the document as issued by the bureau of conveyances shall be presented to the building department as evidence of recordation, before the issuance of building permit.
(c) Any person who makes a false statement in such person’s sworn affidavit or files a false affidavit has committed perjury and is thereby subject to HRS § 710-1060 (Penal Code), and be punished as provided in the section.
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Read the official text at honolulu.gov ↗as published Jan 1, 2026our copy taken Aug 22, 2026 Published by the City and County of Honolulu through American Legal Publishing.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.