Scope of regulation under the Basic Housing Unit Regime

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Disclaimer

Based on your inputs, this page provides a preliminary assessment on whether the relevant flat is within the scope of regulation of the Basic Housing Units Ordinance (Cap. 658) for reference only. For specific cases, you may make enquiries to the Dedicated Team on Subdivided Units of the Housing Bureau and / or seek advice from relevant professionals. Even if a flat is not in the scope of regulation of the Basic Housing Units Ordinance, the owner / operator remains responsible for ensuring that their flat complies with other relevant legislation (including but not limited to the Buildings Ordinance (Cap. 123)) / codes / guidelines.

Please input according to the options below to understand whether the relevant flat is within the scope of regulation of the Basic Housing Units Ordinance (Cap. 658).

Building category of which the relevant flat is located in

Has the relevant residential flat been altered/partitioned such that its layout differs from the "reference building plan"?

After alteration/partitioning, how many SDUs are there in the residential flat?

Within the residential flat, how many SDUs are being let out under separate domestic tenancies?

Do the owner(s)/operator(s) collect rent for the purpose of letting out the SDUs?

Is the relevant flat categorised as residential use in the occupation permit or the building plan?

Has the relevant residential flat been altered/partitioned such that its layout differs from the "reference building plan"?

After alteration/partitioning, how many SDUs are there in the residential flat?

Within the residential flat, how many SDUs are being let out under separate domestic tenancies?

Do the owner(s)/operator(s) collect rent for the purpose of letting out the SDUs?

In general, the following premises are not within the scope of regulation under the Basic Housing Units Ordinance:
  • A subsidised sale flat in which no premium has been paid for the removal of a restriction on the alienation of the flat;
  • A flat that is let by the Hong Kong Housing Authority or Hong Kong Housing Society;
  • A bedspace apartment;
  • New Territories Exempted Houses (e.g. “small houses”);
  • Light Public Housing;
  • Transitional Housing;
  • A flat that is let by a non-profit-making organisation operating on a non-profit-making basis;
  • A flat acquired by the Urban Renewal Authority;
  • A hotel or guesthouse;
  • A residential care home for elderly persons;
  • A residential care home for persons with disabilities;
  • A child care centre;
  • A treatment centre;
  • A dormitory or hostel that is managed by a school, a university or any other institution that provides post-secondary education;
  • Any premises that are used for the provision of sleeping accommodation by an employer to his or her employees and their families and the owner of which is the employer.
For details, please refer to the Basic Housing Units Ordinance.