The Basic Housing Units Ordinance (The Ordinance) (Cap. 658) seeks to introduce a regulatory regime for the letting of subdivided units (SDUs) of domestic buildings or of the domestic parts of composite buildings. Under the Basic Housing Unit (BHU) regulatory regime, SDUs of residential buildings have to comply with a set of minimum standards of living conditions and obtain BHU recognition before they can be legally let out for habitation. This aims to ensure the provision of safe, hygienic and reasonable living conditions in SDUs.
Commencement Date of Basic Housing Units Ordinance:
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Phase 1 - 1 March 2026:
- The Ordinance comes into effect, except for the provisions concerning the offence of illegal letting of SDUs (i.e. section 8 of the Ordinance)
- Launch of a 12-month registration system (i.e. until 28 February 2027) for existing SDUs to make registration application and then obtain a 36-month grace period that runs after the expiry of the registration period (i.e. from 1 March 2027 to 28 February 2030) to enable necessary alteration works to be carried out and applications for BHU recognition to be made
- Launch of the BHU recognition system to accept applications of SDUs for recognition as BHUs that comply with the minimum standards of living conditions. Recognitions will be valid for 5 years
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Phase 2 — 1 March 2027:
- The provisions concerning the offence of illegal letting of SDUs (i.e. section 8 of the Ordinance) come into effect. Any person who lets out an SDU without a valid grace-period registration or valid BHU recognition commits an offence involving criminally liability
The BHU regulatory regime is not applicable to the following premises:
- 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, drug dependent persons treatment, rehabilitation centres, other similar premises, etc.; and
- Flats located in the non-domestic part of a composite building, commercial buildings, industrial buildings, illegal structures (including squatter structures and unauthorised building works located at rooftops, flat roofs, lanes, light wells, yards etc. constructed in contravention of the Buildings Ordinance (Cap. 123)), and in any storeys of New Territories Exempted Houses
For the full text of the Basic Housing Units Ordinance, please refer to the following link:
Hong Kong e-Legislation [Cap. 658 Basic Housing Units Ordinance] or 41 of 2025 in the Government of the Hong Kong SAR Gazette.