A1: The Ordinance is applicable to flats in domestic buildings or the domestic part of composite buildings. The scope of regulation excludes the following premises:
(a) Premises as stipulated in Part 2 of Schedule 4 to the Ordinance, i.e. premises being regulated by other existing statutory regimes, including bedspace apartments, hotels or guesthouses, residential care homes, residential care homes for person with disabilities, child care centres and drug dependent persons treatment, rehabilitation centres, etc.;
(b) Non-domestic buildings (including commercial buildings and industrial buildings) or non-domestic part of composite buildings;
(c) Buildings or premises without reference building plans (including New Territories Exempted Houses and squatters); and
(d) Unauthroised building works locating at rooftops, flat roofs, lanes, lightwells, yards, etc. that are constructed in contravention of the Buildings Ordinance (Cap 123).
A2: If a flat in a domestic building or the domestic part of a composite building is partitioned or repartitioned using partition installations/materials (e.g. brick walls, metal plates, wood boards, sliding panels, tall partition cabinets, etc.), such that its layout becomes different from the one as shown on the reference building plan and results in two or more wholly or substantially enclosed compartments designed for each being the subject of a separate domestic tenancy, then each of these compartments is an "SDU" under the Ordinance.
A3: For a building completed before 3 October 2025 (gazettal date of the Basic Housing Units Ordinance):
(a) the approved building plan for which the Buildings Department (BD) has issued an occupation permit or for which the Housing Department/Independent Checking Unit under the Office of the Permanent Secretary for Housing (ICU) has issued a permit to occupy; or
(b) the approved building plan of alteration or addition works for which the completion of works has been acknowledged by BD/ICU before 3 October 2025;
whichever is the later.
For a building completed on or after 3 October 2025:
The approved building plan for which BD has issued an occupation permit or for which ICU has issued a permit to occupy.
Approved building plan means a plan approved by the Building Authority under the Buildings Ordinance (Cap. 123) or a plan prepared by the Hong Kong Housing Authority.
A4: Approved building plans of private domestic buildings can be inspected at the Building Information Centre of the Buildings Department (BD), or via the "BRAVO" system of BD.
For approved building plans of buildings that are under the Hong Kong Housing Authority, they can be inspected via the "Public Housing Electronic Building Records Online System (Public Housing e-BROS)" or at the office of the Independent Checking Unit under the Office of the Permanent Secretary for Housing (please call 3162 0621 to make an appointment).
A5: As prescribed plans for works carried out under MWCS are only submitted to BD for notification while the works and plans have not been formally approved by the Building Authority, the relevant plans will not be regarded as reference building plans.
A6: In relation to a flat / subdivided unit, "owner" means a person who appears from a register kept in the Land Registry under the Land Registration Ordinance (Cap. 128) to be an owner of the relevant undivided share of the land / the land; or whose name is entered in the Title Register (as defined in section 2(1) of the Land Titles Ordinance (Cap. 585)) as the owner of the relevant undivided share of the land / the land.
A7: In relation to an SDU, "operator" means any person who lets an SDU for habitation or who is from time to time entitled to receive rent for such letting (such as the SDU's owner, principal tenant, estate agent, etc.).
A8: Under the Ordinance, flat means premises that are demarcated or shown as a separate unit in the reference building plan. Even when a flat is partitioned by deed into two or more units with separate ownership, if these units remain as part of the flat according to the reference building plan, they will not be considered as separate flats.
If the layout of a flat had been altered at the time of the ownership partitioning, such that it becomes different from the one as shown on the reference building plan, and the units divided from the flat are compartments designed for each being the subject of a separate domestic tenancy, then each of these units is an SDU under the Ordinance, and will thus be subject to the regulation of the Ordinance.
A9: If there are two or more SDUs in a flat, the letting of these SDUs under two or more separate domestic tenancies (either written or oral) will be regulated under the Ordinance.
A10: If the flat layout is the same as that shown on the reference building plan, the rooms within the flat are not subdivided units. The letting of these rooms will not be regulated under the Basic Housing Units Ordinance and therefore application for BHU recognition is not required.
A11: If the flat layout is different from the one as shown on the reference building plan, then the rooms within the flat are subdivided units (SDUs) under the Basic Housing Units Ordinance (the Ordinance). Nonetheless, letting the entire flat under one single domestic tenancy is not regulated under the Ordinance and therefore application for BHU recognition is not required. In fact, if the tenant subsequently sublets any one of the SDUs within the flat to another person, the flat will involve two or more separate domestic tenancies. The SDUs will then be subject to the regulation of the Ordinance, and grace-period registration (if applicable) / BHU recognition must be obtained before they can be legally let out for habitation.
A12: If the flat layout is different from the one as shown on the reference building plan, then the rooms within the flat are subdivided units (SDUs) under the Basic Housing Units Ordinance (the Ordinance). The letting of these SDUs under two or more separate domestic tenancies (either written or oral) will be regulated under the Ordinance. Grace-period registration (if applicable) / BHU recognition must be obtained before they can be legally let out for habitation. Meanwhile, SDUs retained for self-use are not required to apply for BHU recognition.
A13: If the flat layout is different from the one as shown on the reference building plan, then the rooms within the flat are subdivided units (SDUs). Nonetheless, the Basic Housing Units Ordinance does not regulate the provision of SDUs without grace-period registration / BHU recognition for other persons to reside without any valuable consideration and thus application for BHU recognition is not required.
A14: The provisions concerning the offence of illegal letting of SDUs will come into effect on 1 March 2027. Starting from that day, letting an SDU without valid grace-period registration and valid BHU recognition will be a criminal offence and any person who commits the offence is liable:
(a) on summary conviction to a fine at level 6 ($100,000) and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $20,000 for every day during which the offence continues; or
(b) on conviction on indictment to a fine of $300,000 and to imprisonment for 3 years and, in the case of a continuing offence, to a further fine of $20,000 for every day during which the offence continues.
Furthermore, if the Secretary for Housing is satisfied that an SDU is being let out illegally, he / she may direct the termination of the relevant domestic tenancy by means of a termination notice. To this end, relevant SDU tenant may recover as a civil debt compensation from the relevant operator for the termination of the tenancy, with an amount equivalent to 3 months' rent or total rent of the remaining term of the tenancy (whichever is lower).
A15: Flats with at least one valid domestic tenancy of a subdivided unit (SDUs) during the period from 4 July 2025 to 3 October 2025 are eligible for registration. Upon registration, all SDUs in the flat will obtain a 36-month grace period (i.e. from 1 March 2026 to 28 February 2027) that runs after the expiry of the registration period.
A16: The provisions concerning the offence of illegal letting of SDUs will come into effect on 1 March 2027. For owners/operators who do not intend to let out SDUs for habitation anymore, they are not required to register for relevant flats if the SDUs therein will not be let out under two or more separate domestic tenancies (either written or oral) on or after 1 March 2027. They may also apply for registration first to obtain a 36-month grace period (i.e. from 1 March 2026 to 28 February 2027) that runs after the expiry of the registration period in order to have more time to discuss the relocation arrangements with their tenants or to reinstate their flats for other uses (e.g. self-use or letting out the entire flat).
A17: Owners/operators who intend to let out SDUs in their flats for habitation should obtain basic-housing-unit recognition for the SDUs as soon as possible so as to legally let out the SDUs.
A18: Application for grace-period registration must be made by the owner of a flat or a person with written consent of the owner. The applicant must complete the application form to be announced in due course and submit it together with copies of the Notice of Tenancy (Form AR2) endorsed by the Rating and Valuation Department and/or tenancy agreement, latest record of land register / title register from the Land Registry, and other required documents to the Dedicated Team for Subdivided Units of the Housing Bureau by post, in person or using the "Electronic Forms" service (registration for "iAM Smart+" is required for digital signature) on this website.
A19: Grace-period registration is based on a flat demarcated or shown on the reference building plan. A divided unit remains as part of the flat and thus cannot be registered on its own. To apply for grace-period registration for the flat in which such divided unit is located, the applicant must obtain the written consent of the owners of all the divided units.
A20: Free of charge.
A21: Grace-period registration will be launched on the commencement day of the Basic Housing Units Ordinance and will last for 12 months, i.e. from 1 March 2026 to 28 February 2027. The grace period will run for 36 months after the expiry of the registration period, i.e. from 1 March 2027 to 28 February 2030. Subdivided units in registered flats will obtain a uniform grace period for necessary alteration works and applications for basic-housing-unit recognition.
A22: To prevent owners of registered flats / operators of subdivided units (SDUs) from delaying their alteration works and/or applications for basic-housing-unit (BHU) recognition to the last minute of the grace period, the Basic Housing Units Ordinance (the Ordinance) sets the 6 months prior to the expiry of the grace period (i.e. from 1 September 2029 to 28 February 2030) as the "countdown period". During the countdown period, no new domestic tenancy will be allowed for unrecognised subdivided units (SDUs) in a registered flat, or else the person who lets an SDU under such new tenancy would be guilty to an offence and be liable:
(a) on summary conviction to a fine at level 6 ($100,000) and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $20,000 for every day during which the offence continues; or
(b) on conviction on indictment to a fine of $300,000 and to imprisonment for 3 years and, in the case of a continuing offence, to a further fine of $20,000 for every day during which the offence continues.
For domestic tenancies of SDUs entered into after the gazettal date of the Ordinance and before the commencement of the countdown period (i.e. from 4 October 2025 to 31 August 2029), these tenancies will be automatically terminated upon the commencement of the countdown period unless the SDUs concerned have been recognised as BHUs. Relevant SDU tenants may recover as a civil debt from the relevant operators an amount equivalent to 3 months' rent or total rent of the remaining term of the tenancies (whichever is lower).
A23: The address and date of registration of registered flats will be uploaded to the "List of Registered Flats" on this website for public inspection. You may search for registered flats using the filter function or by entering the address or building/street name.
A24: Yes. The owner/operator concerned is required to notify HB within 15 days after he/she becomes aware of the change, through the specified form to be announced in due course and by post, in person or using the "Electronic Forms" service (registration for "iAM Smart+" is required for digital signature) on this website. If a person, without reasonable excuse, fails to comply with the above requirement, the person commits an offence and is liable on conviction to a fine at level 4 ($25,000) and, in the case of a continuing offence, to a further fine of $700 for every day during which the offence continues.
A25: Application for BHU recognition must be made by the owner of a flat or a person with written consent of the owner. The applicant must complete the application form to be announced in due course and submit it together with the certification report of a specified professional, latest record of land register / title register from the Land Registry, and other required documents to the Dedicated Team for Subdivided Units of the Housing Bureau by post, in person or using the "Electronic Forms" service (registration for "iAM Smart+" is required for digital signature) on this website.
A26: The Housing Bureau (HB) will accept applications for BHU recognition starting from 1 March 2026. Application for renewal of the first batch of recognised BHUs may be made in Q4 2030 the earliest. Application for renewal of BHU recognition must be made by the owner of a flat or a person with written consent of the owner. The application must be made no earlier than 6 months and no later than 3 months before the expiry date of the BHU recognition. The applicant must complete the application form to be announced in due course and submit it together with the certification report of a specified professional, latest record of land register / title register from the Land Registry, and other required documents to the Dedicated Team for Subdivided Units of HB by post, in person or using the "Electronic Forms" service (registration for "iAM Smart+" is required for digital signature) on this website.
A27: Specified professionals mean:
- Registered architects registered with the Architects Registration Board;
- Registered professional engineers (under the building, civil, structural, fire or building services disciplines) registered with the Engineers Registration Board; and
- Registered professional surveyors (under the building surveying division) registered with the Surveyors Registration Board.
You may visit the websites of the aforesaid registration boards to view the respective lists of the registered professionals.
A28: A BHU must comply with the minimum standards in respect of minimum internal floor area, minimum height, fire safety, loading, separate toilet, water supply point and sink, lighting and ventilation as well as water and electricity meters. Detailed requirements will be set out in the "Code of Practice for Basic Housing Units" to be issued by the Housing Bureau in due course.
A29: Detailed requirements of the minimum standards of living conditions for BHUs will be provided in the "Code of Practice for Basic Housing Units" to be issued by the Housing Bureau in due course. As the relevant standards involve technical details, you should seek professional advice from a specified professional before designing and commencing the alteration works.
A30: If a balcony or verandah is part of a subdivided unit (SDU), the area of the balcony or verandah should be included in the calculation of the internal floor area. Applicants should note that the separate toilet in BHU and the water supply point and sink outside the toilet cannot be constructed on the balcony or veranda. In addition, even if the SDU meets the minimum standards of living conditions, if its design or layout is clearly insufficient to provide safe, hygienic and reasonable living conditions (for example, it is clearly insufficient to accommodate a bed and provide basic living space), the Housing Bureau will, with regard to actual circumstances, consider whether to refuse the application for BHU recognition for the SDU.
A31: Application for BHU recognition must be made by the owner of a flat or a person with written consent of the owner. As a unit divided from a flat partitioned by deed (divided unit) remains as part of the flat, the applicant must obtain the written consent of the owners of all the divided units when making an application for BHU recognition for individual divided unit.
A32: Please refer to the part on "Application Fees" on this website.
A33: The address of BHU, validity period of recognition and the plan indicating the location of a BHU in the relevant flat will be uploaded to the "List of Recognised Basic Housing Units" on this website for public inspection. You may search for recognised BHUs using the filter function or by entering the address or building/street name.
A34: A BHU recognition is valid for 5 years.
A35: A BHU recognition becomes in force on the issue date of the recognition notice.
A36: The validity period of a renewed BHU recognition will begin on the day after the expiry day of the original validity period. For example, if the original validity period of recognition expires on 31 March 2031, the validity period of the renewed recognition will begin on 1 April 2031, and last for 5 years.
A37: Yes. The owner/operator is required to notify HB within 15 days after he/she becomes aware of the change, through the specified form to be announced in due course and by post, in person or using the "Electronic Forms" service (registration for "iAM Smart+" is required for digital signature) on this website. If a person, without reasonable excuse, fails to comply with the above requirement, the person commits an offence and is liable on conviction to a fine at level 4 ($25,000) and, in the case of a continuing offence, to a further fine of $700 for every day during which the offence continues.
A38: If the change might make the BHU no longer meet the minimum standards of living conditions, the owner/operator concerned is required to notify HB within 15 days after he/she becomes aware of the change, through the specified form to be announced in due course and by post, in person or using the "Electronic Forms" service (registration for "iAM Smart+" is required for digital signature) on this website. If a person, without reasonable excuse, fails to comply with the above requirement, the person commits an offence and is liable on conviction to a fine at level 4 ($25,000) and, in the case of a continuing offence, to a further fine of $700 for every day during which the offence continues.
Depending on the nature of the change, HB may require the BHU operator concerned to submit a report in which a specified professional certifies that the BHU still meets the minimum standards of living conditions despite the change.
A39: A grace-period registration or a BHU recognition does not negate any legal obligations arising from DMC / government lease. Applicants are responsible for ensuring that their flats / subdivided units comply with the relevant legislation and/or terms of DMC / government lease. If necessary, applicants may seek professional advice from property management companies or relevant professionals on the terms of DMC / government lease.
A40: In general, if the separate water and electricity meters are installed within the flat in which the BHUs are located, it does not involve the terms of the deed of mutual covenant (DMC) and thus does not require OC's consent. On the other hand, if there is a need to install the separate water and electricity meters at the common parts of the building (e.g. meter rooms) or to connect the electricity meters to the communal electricity mains or to increase the current demand, then it may be necessary to obtain the OC's consent in accordance with the terms of DMC (if applicable) before carrying out the relevant works.
A41: Even if the SDU households affected by alteration works or enforcement actions are waiting for PRH, they will not be accorded priority in the allocation of PRH units, otherwise it would be unfair to other individuals who are also waiting for PRH.
A42: If the households concerned are eligible to apply for Light Public Housing or transitional housing (TH), they can apply for the projects that are currently in operation and coming on stream. You may visit the Housing Bureau's website for information on the application for Light Public Housing. The Housing Bureau (HB) has created a new type of Category C tenants for TH to provide temporary accommodation to those who are affected by alteration works or enforcement actions under the BHU regulatory regime and have imminent rehousing needs. If apply for Category C tenant of TH, you can contact the six District Service Teams (DSTs) engaged by HB through the following channels:
| Service Region | Service District (based on District Council boundaries) | Contact Information |
|---|---|---|
| New Home Association Hong Kong Island Service Centre | Hong Kong Island Central & Western, Eastern, Southern and Wan Chai |
2807 2188 / 9267 9548 hkitcsu.nha@gmail.com |
| Y.T.M. Concern For Livelihood Association | Kowloon West (1) Yau Tsim Mong |
6257 4590 ytmcfla.sub@gmail.com |
| Hong Kong Single Parents Association | Kowloon West (2) Sham Shui Po |
9813 7512 sdu@hkspa.org.hk |
| New Home Association Kowloon West Service Centre | Kowloon Central & East Kowloon City, Wong Tai Sin and Kwun Tong |
2720 7010 / 6435 2496 sdu@nha.org.hk |
| New Territories Association of Societies (Community Services) Foundation | New Territories West Yuen Long, Tuen Mun, Tsuen Wan, Kwai Tsing and Islands |
5169 5757 ntwtpsitcsu01@gmail.com |
| Shatin Inhabitants Association | New Territories East Tai Po, North, Sai Kung and Sha Tin |
2691 8055 / 9683 0925 siadistrictserviceteam@gmail.com |
You may also visit the Housing Bureau's website for information on the application for TH.
Besides, affected SDU households may also contact the above-mentioned DSTs to obtain appropriate assistance in searching for alternative accommodation in the private market.
A43: The major scenarios that an SDU tenancy may be directed to terminate under the Ordinance include:
(a) A grace-period registration is cancelled (e.g. there is an imminent danger or risk to life or property in the relevant flat);
(b) A basic-housing-unit recognition is cancelled (e.g. a rectification notice has not been complied with, there is an imminent danger or risk to life or property in the relevant SDU, etc.);
(c) An SDU in a registered flat has not yet been recognised as BHU when the countdown period begins; and
(d) Unauthorised letting of SDU.
If an SDU tenancy is directed to terminate under the Ordinance, relevant SDU tenant may recover as a civil debt from the relevant operator an amount equivalent to 3 months' rent or total rent of the remaining term of the tenancy (whichever is lower).
A44: No. Pursuant to the provisions on SDU tenancy control under Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), tenants of regulated tenancies are entitled to a total of 4 years (first term of 2 years and second term of 2 years) of security of tenure. Relevant owners/operators are not allowed to terminate a tenancy before expiry of the term. If an owner/operator does any act to interfere with the peace or comfort of members of the tenant's household, with the intention of causing the tenant to give up occupation of the SDU, the person commits an offence and is liable on conviction on indictment to a fine of $500,000 and to imprisonment of 12 months on a first conviction; and to a fine of $1,000,000 and to imprisonment for 3 years on a subsequent conviction.
SDU tenants who encounter the above-mentioned illegal forced evictions should report to the Rating and Valuation Department (RVD) promptly so that RVD can investigate and take appropriate enforcement action as soon as possible.