(C) Owners' Corporations

(I) Application for registration of owners' corporations
(II) Filing of Notice of Policy of Insurance
(III) Filing of Notice of Change of Particulars
(IV) Search of the owners' corporations records and Index of Owners' Corporations

It has always been the government's policy to encourage and assist owners of private properties to form owners' corporations for effective building management. The Building Management Ordinance was enacted to provide a legal framework for the formation and operation of an owners' corporation. It aims to facilitate the incorporation of private property owners for better building management. Under the Building Management Ordinance, the Land Registry is responsible for processing and approving applications for registration of owners' corporations, issuing certificates of registration and maintaining a register of corporations for public search. For building management matters, the owners or the owners' corporation of the building can approach the District Building Management Liaison Teams of the Home Affairs Department or the Property Management Advisory Centres of the Hong Kong Housing Society for assistance and advice.

(I)

Application for registration of owners' corporations

BEFORE MAKING APPLICATION TO THE LAND REGISTRY

  • A meeting of owners may be convened to appoint a management committee and form an owners' corporation in accordance with s.3, s.3A, s.4 or s.40C of the Building Management Ordinance ("the Ordinance").
  • The convenor of the meeting can obtain the land registers containing records of the current owners of the flats in the building from the Land Registry. Search fees of such records may be waived through application to the District Office.
  • The convenor should give notice of the meeting to each owner at least 14 days before the date of the meeting. The notice should specify the date, time and place of the meeting and the resolutions that are to be proposed at the meeting.
  • You may approach the District Building Management Liaison Teams of the Home Affairs Department for advice on the procedures for the formation of an owners’ corporation. They may send a representative to attend the meeting of owners for the formation of an owners’ corporation and give advice on the procedures for the appointment of a management committee. For details of the building management services provided by the Home Affairs Department, you may visit their homepage on building management at http://www.buildingmgt.gov.hk/.

APPLICATION FOR INCORPORATION

  • The application for incorporation must be submitted to the Land Registrar within 28 days of the appointment of the management committee (s.7(1) of the Ordinance).
  • The application form (LR 164)(PDF format)(Ms Word format) must be accompanied by the following documents:-
    • a copy of the registered Deed of Mutual Covenant (if any) of the building;
    • a certified copy of the resolution evidencing the appointment of the management committee (LR 167)(PDF format)(Ms Word format);
    • a declaration of compliance with certain provisions of the Ordinance (LR 161)(PDF format)(Ms Word format);
    • a statement by each member of the management committee that he/she does not fall within the description of paragraph 4(1)(a) or 4(1)(b) of Schedule 2 to the Ordinance (LR 175)(PDF format)(Ms Word format); and
    • a confirmation on lodgment of statement under paragraph 4(3) of Schedule 2 to the Ordinance (LR 171)(PDF format)(Ms Word format).

    (If the owners' corporation is formed under s.3A, s.4 or s.40C of the Ordinance, a copy of the order issued by the Secretary for Home Affairs or the Lands Tribunal should also be submitted.)

    You may make reference to the sample when completing the application form (LR164).

  • If the chairman or secretary of the management committee is a body corporate, its authorized representative is required to stamp the chop of the body corporate on the application form (LR 164)(PDF format)(Ms Word format) and the resolution (LR 167)(PDF format)(Ms Word format).
  • The declaration may be made before a Commissioner for Oaths at the Land Registry, District Offices or the Property Management Advisory Centres of the Hong Kong Housing Society.
  • The application should be submitted to the appropriate Land Registry office. To save your time, please make an appointment for submission of the application. The address and telephone number of the Land Registry offices are:-

address and telephone number of the Land Registry offices
District Address Telephone Number
Hong Kong, Kowloon and Islands Urban Owners Incorporation Unit
Queensway Government Offices,
19/F., 66 Queensway, Hong Kong.
3105 0000
Tsuen Wan and Tuen Mun Tsuen Wan Search Office
Tsuen Wan Multi-storey Carpark Building,
11/F., 174-208 Castle Peak Road, Tsuen Wan
2416 3505
Yuen Long Yuen Long Search Office
Yuen Long Government Offices and Tai Kiu Market,
7/F., 2 Kiu Lok Square, Yuen Long
2475 0341
North (Fanling and Sheung Shui), Sai Kung, Sha Tin and Tai Po Tai Po Search Office
Tai Po Complex,
4/F., 8 Heung Sze Wui Street, Tai Po
2653 5859
Our three search offices in the New Territories provide owners' corporation services for respective districts which are regionalized in accordance with the districts of the former NT Land Registries.   Please refer to the Index of Owners' Corporations or call our search offices to ascertain at which search office to obtain the required owners’ corporation services.

If you intend to submit the application documents in the form of electronic records, you may refer to the Gazette Notice (G.N. 8522) for details of the requirements on the manner and format in which the electronic records are presented.

PROCESSING TIME

  • The time required for processing an application ranges from 1 to 3 months depending on individual circumstances.
  • If you would like us to expedite the processing of your application, please state the request and the reason(s) in writing at the time of submission of the application.

RESULT OF APPLICATION

  • If your application is approved, a Certificate of Registration will be issued to you upon payment of the prescribed fees as set out in the Building Management (Fees) Regulations.
  • The effective date of incorporation is the date of issue of the Certificate of Registration by the Land Registrar.
  • The name of the owners' corporation and the particulars of the members of its management committee will be entered in the register of corporations kept in the relevant Land Registry office for public inspection.

 

(II)

Filing of Notice of Policy of Insurance

  • With the commencement of section 28 of the Building Management Ordinance on 1 January 2011, an owners' corporation is required to procure and keep in force, in relation to the common parts of the building and the property of the corporation, a policy of insurance with an insurance company in respect of third party risks. For details, you may refer to the leaflet "Building Management (Third Party Risks Insurance) Regulation" (PDF format) published by the Home Affairs Department.

  • The secretary of the management committee should, within 28 days after the corporation has effected a policy of insurance, give notice of the name and address of the insurance company and the period covered by the policy of insurance to the Land Registrar in the specified form "Notice of Change of Particulars/Notice of Policy of Insurance" (LR 124)(PDF format)(Ms Word format). You may make reference to the sample when completing the form.

  • The prescribed fee for filing the "Notice of Change of Particulars/Notice of Policy of Insurance" is $58.

  • If you intend to submit the Notice of Policy of Insurance in the form of an electronic record, you may refer to the Gazette Notice (G.N. 8522) for details of the requirements on the manner and format in which the electronic record is presented.

 

(III)

Filing of Notice of Change of Particulars

  • The secretary of the management committee should give notice to the Land Registrar in the specified form "Notice of Change of Particulars/Notice of Policy of Insurance" (LR 124)(PDF format)(Ms Word format) within 28 days of the date of any change in the following particulars:
    1. the name of the corporation;
    2. the name (if any) and address of the building;
    3. the address of the registered office of the corporation;
    4. the name and address of the chairman, vice-chairman (if any), secretary, treasurer and other members of the management committee;
    5. the name and address of the insurance company with which the corporation has effected a policy of insurance and the period covered by the policy of insurance.
       
    You may make reference to the sample when completing the form.  

  • The prescribed fee for filing the "Notice of Change of Particulars/Notice of Policy of Insurance" is $58.

  • If you intend to submit the Notice of Change of Particulars in the form of an electronic record, you may refer to the Gazette Notice (G.N. 8522) for details of the requirements on the manner and format in which the electronic record is presented.

 

(IV)

Search of the owners' corporations records and Index of Owners' Corporations

Building Management (Fees) Regulations


Building Management (Fees) Regulations
Item Description Fee
1. For the issue of a certificate of registration of a corporation $ 1,300
2. For the issue of a duplicate certificate of registration of a corporation $ 79
3. For the issue of an amended certificate of registration on change of name of a corporation $ 185
4. For the issue of a duplicate amended certificate of registration on change of name of a corporation $ 79
5. For the registration or filing of any document required to be submitted to the Land Registrar under the Ordinance $ 58
6. For inspecting the register of corporations maintained by the Land Registrar and any document relating to a corporation required to be submitted to the Land Registrar under the Ordinance $ 14
7. For supplying a copy or extract of any register or document referred to in item 6, per folio or part thereof $ 14
8. For the certificate of the Land Registrar in relation to any copy or extract referred to in item 7 $ 43


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