FAQs
Licensing Regime
A. Matters relating to the transitional period of the licensing regime
1. When will the licensing regime for property management companies (PMCs) and property management practitioners (PMPs) be implemented?
The licensing regime came into operation on 1 August 2020. PMCs and related PMPs may now apply for licences. To allow sufficient time for the industry to adapt to the new regime, the first three years after the implementation of the licensing regime will be a transitional period. After the transitional period ends on 1 August 2023, it is an offence for PMCs and related PMPs to provide property management services without a licence.
2. May an experienced property management practitioner (PMP) apply for a PMP licence if he/she fails to meet the criteria for holding a PMP licence concerning academic qualifications and/or professional qualifications?
The first three years after the implementation of the licensing regime (i.e. from 1 August 2020 to 31 July 2023) is a transitional period during which an individual who possesses the required work experience in assuming a managerial or supervisory role in the provision of property management services for properties in Hong Kong but does not meet the academic and/or professional qualifications criteria for holding a PMP licence may apply for and be issued a provisional PMP licence. Upon completion of the PMSA specified course before the expiry of the provisional licence, the PMP may apply for a formal licence without meeting the academic qualifications and/or professional qualifications criteria.
B. Matters relating to the property management practitioner licences
3. Is a person who provides free advisory services relating to property management services to the owners or owners’ organisation of a property required to hold a licence?
No. Pursuant to section 7(4) of the Property Management Services Ordinance (Cap. 626), the provisions concerning prohibition of unlicensed activities (i.e. section 6(1)(a), 6(2)(a) or 6(3)(a)) do not prohibit a person from providing advisory services relating to property management services without consideration. In this connection, such person (for example, a district councilor providing assistance to an owners’ corporation) is not required to hold a licence.
4. Under what circumstances is a property management practitioner (PMP) required to hold a licence?
A property management company (PMC) may provide different property management services to different properties, and if a property management company (PMC) provides more than one category of property management services, then it is required to hold a PMC licence. If a PMP is appointed by a PMC which is required to hold a licence and assumes managerial or supervisory role in the property management services provided by the PMC, the PMP is required to hold a PMP licence. Other PMPs (i.e. those who do not assume managerial or supervisory role) are not required to hold PMP licence.
C. "Work experience in property management" required for property management practitioner licence application
5. As regards the fulfilment of the “work experience in property management” criterion for holding a property management practitioner licence, how is that work experience determined?
“Work experience in property management” is full time work experience in property management for properties (whether subject to a deed of mutual covenant or not) in Hong Kong and involving the provision of services under two or more categories of prescribed property management services. In addition, please refer to the following for more information about work experience.
For information on how to calculate the period of “work experience in property management” in order to comply with the relevant licensing criterion, please click here. Furthermore, if a PMP has been or is currently engaged in property management work in places in China other than Hong Kong (that is, including the Mainland, Macau and Taiwan) and was engaged in property management work in Hong Kong immediately before that job, please refer to Question 10 and Question 11.
6. I submitted an application for a PMP (Tier 1) licence on 1 October 2021. I have been engaging in property management work in Shanghai from 2017 until I submitted the licence application (for a total of 4 years), and I had been engaged in property management work in Hong Kong for the 15 years immediately before working in Shanghai. In terms of the criterion for work experience, do I fulfil the relevant criterion for holding a PMP (Tier 1) licence?
If an applicant, before submitting an application, was engaged in property management work in places in China other than Hong Kong (including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, his/her work experience in providing property management services in places in China other than Hong Kong cannot be counted, but the relevant years of work experience that can be counted can be extended accordingly. That is, the period that can be counted would be extended according to the years of work (whether continuous or intermittent) in providing property management services in places in China other than Hong Kong, subject however to a maximum of 4 years.
If the applicant applies for a PMP (Tier 1) licence through Route 1, the applicant must have a minimum of 3 years of work experience in property management within the 10 years Note 1 (i.e. 6 years + 4 years) immediately before the licence application. If the applicant submits an application for a PMP (Tier 1) licence on 1 October 2021, the period that could be counted would be from 1 October 2011 to 30 September 2021. Since the applicant was engaged in property management work in Hong Kong from 2011 to 2016, he/she has 3 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 1) licence.
If the applicant applies for a PMP (Tier 1) licence through Route 2, the applicant must have a minimum of 5 years of work experience in property management within the 12 years Note 2 (i.e. 8 years + 4 years) immediately prior to the licence application. Similarly, if the applicant submits an application for a PMP (Tier 1) licence on 1 October 2021, the period that could be counted would be from 1 October 2009 to 30 September 2021. Since the applicant was engaged in property management work in Hong Kong from 2009 to 2016, he/she has 5 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 1) licence.
Please note that the period that can be counted would be extended up to 4 years, that is, if the applicant has been engaged in property management work in places in China other than Hong Kong for 6 years, the period that could be counted would only be extended by 4 years.
The work experience in property management means full time work experience in property management for properties in Hong Kong, and involving provision of services under two or more categories of property management services.
If an applicant, before submitting the application, was engaged in property management work in places in China other than Hong Kong (that is, including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, the applicant may refer to this example beforehand, and calculate the period that can be counted according to his/her situation. If an applicant has any questions about calculation of work experience, please email the question to lic@pmsa.org.hk for enquiry.
Note 1: According to the calculation of the relevant criterion (see paragraph 1), the period (i.e. 4 years) of providing property management services in Shanghai (i.e. places in China other than Hong Kong) of the applicant can be added to the calculation of the period of the years of work experience (for application for a PMP (Tier 1) licence through Route 1, i.e. the 6 years immediately before licence application, plus 4 years of work experience in property management in Shanghai, resulting in a total of 10 years).
Note 2: According to the calculation of the relevant criterion (see paragraph 1), the period (i.e. 4 years) of providing property management services in Shanghai (i.e. places in China other than Hong Kong) of the applicant can be added to the calculation of the period of the years of work experience (for application for a PMP (Tier 1) licence through Route 2, i.e. the 8 years immediately before licence application, plus 4 years of work experience in property management in Shanghai, resulting in a total of 12 years).
7. I submitted an application for a PMP (Tier 2) licence on 1 October 2021. I have been engaging in property management work in Hong Kong since 2011. However, I was relocated to Macau to manage the properties there from 2015 to 2020 (a total of 5 years), and was then transferred back to Hong Kong in 2020. In terms of the criterion for work experience, do I fulfil the relevant criterion for holding a PMP (Tier 2) licence?
If an applicant, before submitting an application, was engaged in property management work in places in China other than Hong Kong (including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, his/her work experience in providing property management services in places in China other than Hong Kong cannot be counted, but the relevant years of work experience that can be counted can be extended accordingly. That is, the period that can be counted would be extended according to the years of work (whether continuous or intermittent) in providing property management services in places in China other than Hong Kong, subject however to a maximum of 4 years.
If the applicant applies for a PMP (Tier 2) licence through Routes 1 or 2, the applicant must have a minimum of 2 years of work experience in property management within the 9 years Note 1 (i.e. 5years + 4years) immediately before the licence application. If the applicant submits an application for a PMP (Tier 2) licence on 1 October 2021, the period that could be counted would be from 1 October 2012 to 30 September 2021. Since the applicant was engaged in property management work in Hong Kong from 2012 to 2015 and from 2020 to 2021, he/she has 2 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 2 ) licence.
If the applicant applies for a PMP (Tier 2) licence through Route 3, the applicant must have a minimum of 4 years of work experience in property management within the 12 years Note 2 (i.e. 8 years + 4 years) immediately prior to the licence application. Similarly, if the applicant submits an application for a PMP (Tier 2) licence on 1 October 2021, the period that could be counted would be from 1 October 2009 to 30 September 2021. Since the applicant was engaged in property management work in Hong Kong from 2011 to 2015 and from 2020 to 2021, he/she has 4 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 2) licence.
Please note that the period that can be counted would be extended up to 4 years. As such, although the applicant has been engaged in property management work in places in China other than Hong Kong for 5 years, the period that could be counted would only be extended by 4 years.
The work experience in property management means full time work experience in property management for properties in Hong Kong, and involving provision of services under two or more categories of property management services.
If an applicant, before submitting the application, was engaged in property management work in places in China other than Hong Kong (that is, including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, the applicant may refer to this example beforehand, and calculate the period that can be counted according to his/her situation. If an applicant has any questions about calculation of work experience, please email the question to lic@pmsa.org.hk for enquiry.
Note 1: According to the calculation of the relevant criterion (see paragraph 1), the applicant has provided property management services in Macau (i.e. places in China other than Hong Kong) for 5 years, while the countable period can be extended is 4 years (for application for a PMP (Tier 2) licence through Routes 1 or 2, i.e. the 5 years immediately before licence application, plus a maximum of 4 years of work experience in property management in Macau), resulting in a total of 9 years.
Note 2: According to the calculation of the relevant criterion (see paragraph 1), the applicant has provided property management services in Macau (i.e. places in China other than Hong Kong) for 5 years, while the countable period can be extended is 4 years (for application for a PMP (Tier 2) licence through Route 3, i.e. the 8 years immediately before licence application, plus a maximum of 4 years of work experience in property management in Macau), resulting in a total of 12 years.
8. I am engaged in cleaning work in a housing estate, including cleaning its club house, playgrounds and car parks. Does my work involve the prescribed property management services under category 2 (management of the environment of a property) and category 5 (facility management relating to a property)?
In assessing whether an applicant meets the criterion for work experience in property management, the Property Management Services Authority will consider the nature of the relevant property management services (PMSs) rather than the location where they are provided. For example, cleaning services provided in club houses, playgrounds, car parks, etc., of a property will only be considered as the prescribed PMSs under category 2 (management of the environment of a property) but not category 5 (facility management relating to a property). Similarly, repair services provided in the ancillary facilities of a property will only be regarded as the prescribed PMSs under category 3 (repair, maintenance and improvement of a property) but not category 5 (facility management relating to a property). Therefore, according to the situation mentioned in the above question, the relevant work only involves the prescribed PMSs under category 2 (management of the environment of a property).
9. I am engaged in maintenance work, including repair, maintenance, renovation and improvement of properties, club houses, car parks and other facilities. I also, for related matters, attend meetings with owners or owners’ organisations, handle enquiries and complaints, calculate expenses, prepare financial budgets for projects, draft and analyse tenders on project proposals for comparison, carry out site visits to ensure that the construction procedures are proper and safe, arrange for technicians, maintenance and contractor services, etc. Does my work involve the prescribed property management services under category 1 (general management services relating to a property), category 3 (repair, maintenance and improvement of a property), category 4 (finance and asset management relating to a property), category 5 (facility management relating to a property) and category 6 (human resources management relating to personnel involved in the management of a property)?
In assessing whether an applicant meets the criterion for work experience in property management, the Property Management Services Authority will consider the nature of the relevant property management services (PMSs). The provision of other categories of PMSs which are incidental to the provision of the relevant PMSs will also be regarded as those of the same category of the relevant PMSs. According to the situation mentioned in the above question, since the attendance of meetings with owners or owners’ organisations, handling of enquiries and complaints, calculation of expenses, preparation of financial budgets for projects, drafting and analysing tenders on project proposals for comparison, carrying out site visits to ensure that the construction procedures are proper and safe, arranging for technicians, maintenance and contractor services, etc., are all required because of the maintenance matters, they are considered to be incidental services to the provision of maintenance service and thus they will only be regarded as the prescribed PMSs under category 3 (repair, maintenance and improvement of a property).
10. I am a property management manager and my daily work includes recruiting and training security guards, cleaners and property management officers for my property management company, preparing staff roster, arranging work and replacement workers, assessing the quality of services, etc. Does my work involve the prescribed property management services under category 6 (human resources management relating to personnel involved in the management of a property)?
The prescribed property management services (PMSs) under category 6 (human resources management relating to personnel involved in the management of a property) refer to human resources management services in relation to employees engaged by an owner or owners’ organisation in the provision of PMSs. Examples include: an owner or owner’s organisation intends to employ a cleaner and therefore entrusts a property management company to recruit and manage the cleaner on his/its behalf, including providing training, preparing staff roster and work schedules, handling labour insurance, etc., and the property management practitioner providing such services will be considered having the experience in providing the prescribed PMSs under category 6 (human resources management relating to personnel involved in the management of a property). However, if a property management practitioner provides the above-mentioned human resources management services only to the property management company itself and not to the owners or owners’ organisations, he/she will not be considered to have provided the prescribed PMSs under category 6 (human resources management relating to personnel involved in the management of a property).
11. I am a lecturer of a property management course and have extensive knowledge about the seven categories of the prescribed property management services. Do I fulfil the criteria for work experience in property management?
Pursuant to Schedule 1 to the Property Management Services Ordinance and Schedule 1 to the Property Management Services (Licensing and Related Matters) Regulation, there are seven prescribed categories of property management services. However, the experience in teaching property management courses does not belong to any prescribed categories of property management services. As such, the work experience of being a lecturer of a property management course is not regarded as property management work experience, and therefore could not meet the criteria for work experience in property management for the purpose of licence application.
D. Academic qualification required for property management practitioner licence application
12. Under what conditions an academic qualification will be regarded as “equivalent academic qualification” or "specified academic qualification" by the Property Management Services Authority?
The Property Management Services Authority will consider all relevant factors in determining what an equivalent academic qualification is, including the QF Level and QF Credit of the academic qualification assessed under the Hong Kong Qualifications Framework.
13. As regards the criteria for holding a property management practitioner (Tier 2) licence which include “applicant holding an associate degree, diploma or above, or an academic qualification regarded by the Property Management Services Authority as equivalent or any qualification that is considered acceptable by the Property Management Services Authority”, what is meant by “any qualification that is considered acceptable by the Property Management Services Authority”?
In considering whether a qualification is acceptable, the Property Management Services Authority will consider all relevant factors, including qualifications obtained through the “Recognition of Prior Learning” mechanism under the Hong Kong Qualifications Framework. Under this mechanism, qualifications that can be considered acceptable by the Property Management Services Authority include five statements of attainment for the clusters of units of competency at Level 4 for the property management industry (one of the statements must be on “Management of Customer Services”).
14. As regards the academic qualifications criterion for holding a property management practitioner licence, what is “a bachelor or higher degree or equivalent, an associate degree, diploma or above, or equivalent academic qualification in property management specified by the Property Management Services Authority”?
A list of bachelor or higher degrees, associate degrees or diplomas in a subject or discipline specified by the Property Management Services Authority is published in the Property Management Services Authority’s website, and these academic qualifications are of a subject or discipline relating to property management.
15. What are the arrangement and the factors for consideration with regard to the academic qualification in property management specified by the Property Management Services Authority?
In determining which academic qualifications are to be specified, the Property Management Services Authority will consider all relevant factors, details of which may be found here.
E. Matters relating to the property management company licences
16. Under the licensing regime, which companies are required to hold the property management company (PMC) licence?
Subject to section 7 of the Property Management Services Ordinance (PMSO), PMCs providing properties (subject to deeds of mutual covenant) in Hong Kong with property management services falling within more than one category of services under the PMSO are required to be licensed after the transitional period. The PMSO defines “property” as “building” in the Building Management Ordinance (Cap. 344). In other words, if a PMC provides two or more categories of prescribed property management services to the buildings in Hong Kong, it is required to be licensed.
17. Is a property management company which provides property management services falling within a single category required to hold a licence?
No. Section 7(2) of the Property Management Services Ordinance (Cap. 626) stipulates that if a company’s business does not involve the provision of property management services falling within more than one category of services, the company concerned is not required to hold a licence.
18. Is a property management company which provides cleaning, hygiene and security services required to hold a licence?
No. As cleaning, hygiene and security services fall within the same category of property management services (i.e. category 2 of the 7 service categories of property management services stipulated in the Property Management Services Ordinance (Cap. 626) (PMSO)), the concerned company’s business does not involve the provision of property management services falling within more than one category of services. As stipulated under section 7(2) of the PMSO, the prohibition of unlicensed activities (i.e. section 6(1)(a), (2)(a) or (3)(a)) does not apply to the company concerned, and the company concerned is therefore not required to hold a licence.
19. None of the properties under the management of a property management company is subject to a deed of mutual covenant (DMC). Is the company required to hold a property management company licence?
No. The Property Management Services Ordinance (Cap. 626) defines “property” as “building” in the Building Management Ordinance (Cap. 344) (BMO). Given that “building” as defined by the BMO does not include a multi-storey building without a DMC, the company concerned is not required to hold a licence.
20. If a licensed property management company (PMC) has outsourced all the property management services (PMSs) to other PMC(s), or provides PMSs to a property which is not subject to a deed of mutual covenant (DMC), is it required to display a copy of its PMC licence in a prominent place in the property concerned?
According to the conditions imposed on a PMC licence, a licensee must, inter alia, display a copy of the licence in a prominent place in each property for which property management services are provided by the licensee. As such, licensees are required to comply with the above condition and failure to do so may be regarded as having committed a disciplinary offence for contravening a condition imposed on the licensees’ licence under Section 4(b) of the Property Management Services Ordinance (Cap. 626). The said condition is required to be complied with by the licensee regardless of whether it has outsourced all the PMSs to other PMC(s), or whether the property concerned is subject to a DMC or not.
21. If a licensed property management company (PMC) has outsourced all the property management services (PMSs) to other PMC(s) , or provides PMSs to a property which is not subject to a deed of mutual covenant (DMC), is it required to appoint at least one licensed property management practitioner (PMP) (Tier 1) to manage the property concerned and display his/her name and licence number in a prominent place in the property concerned?
If a licensed PMC has outsourced all the relevant PMSs to other licensed PMC(s) (sub-contractor(s)), and if the sub-contractor(s) has/have already included the number of flats involved in the calculation of its/their own minimum manning ratios for licensed PMPs, then the licensed PMC may exclude the number of flats concerned in the calculation for meeting its own minimum manning ratios for licensed PMPs. Moreover, the licensed PMC may also exclude any property which is not subject to a DMC in the calculation for meeting its own minimum manning ratios for licensed PMPs. In the above circumstances, the relevant PMC, for the purpose of complying with the relevant prescribed condition imposed on its licence, is not required to appoint at least one licensed PMP (Tier 1) to manage the property concerned and display his/her name and licence number in a prominent place in the property concerned. However, if the PMC has indeed engaged a PMP (Tier 1) to manage the property concerned, it is recommended that the licensed PMP (Tier 1) be appointed to manage the property concerned and display his/her name and licence number in a prominent place in the property concerned.
22. Is a property management company (PMC) which only provides property management services for properties held by its holding company required to hold a PMC licence?
Subject to section 7 of the Property Management Services Ordinance (Cap. 626) (PMSO), PMCs providing properties (subject to deeds of mutual covenant) in Hong Kong with property management services falling within more than one category of the prescribed property management services after the transitional period are required to be licensed. The exception under section 7(6) of the PMSO does not apply to the PMC in question because it is neither the owner of the properties concerned nor an individual. Therefore, if the PMC in question provides properties (subject to deeds of mutual covenant) in Hong Kong with property management services falling within more than one category of the prescribed property management services, it is required to be licensed, regardless of whether the properties are held by its holding company or not.
23. If a DMC manager property management company (PMC) has outsourced all the property management services (PMSs) to other PMC(s), is it required to hold a PMC licence?
If the DMC manager PMC provides properties (subject to deeds of mutual covenant) in Hong Kong with PMSs falling within more than one category of the prescribed PMSs under the Property Management Services Ordinance, it is required to apply for a PMC licence regardless of whether it has outsourced the relevant services or not.
However, if the DMC manager PMC has outsourced all the relevant PMSs to other licensed PMC(s), and if the outsourced licensed PMC(s) concerned has/have already included the number of flats involved in the calculation of its/their own minimum manning ratios for licensed property management practitioners (PMPs), then the DMC manager PMC may exclude the number of flats concerned in the calculation for meeting its own minimum manning ratios for licensed PMPs.
24. Some owners of properties in Hong Kong which are subject to a deed of covenant (DMC) may have entered into a sub-DMC for the units they own, and engaged a property management company (PMC) as the sub-DMC manager to provide property management services (PMSs) to those units. Is the sub-DMC manager PMC required to hold a PMC licence?
If the sub-DMC manager PMC is required to perform the duties of providing PMSs falling within more than one category of the prescribed PMSs, it is required to be licensed, regardless of whether it has outsourced all the PMSs to other PMC(s) or provided the said PMSs by itself.
If the sub-DMC manager PMC has outsourced all the relevant PMSs to other licensed PMC(s), and if the outsourced licensed PMC(s) concerned has/have already included the number of flats involved in the calculation of its/their own minimum manning ratios for licensed property management practitioners (PMPs), then the sub-DMC manager PMC may exclude the number of flats concerned in the calculation for meeting its own minimum manning ratios for licensed PMPs.
F. Matters relating to the minimum manning ratios specified by the Property Management Services Authority
25. What is a flat?
A “flat” is any premises in a building which are referred to in a deed of mutual covenant (DMC) whether described therein as a flat or by any other name and whether used as a dwelling, shop, factory, office or for any other purpose, of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession.
According to the definition above, for example, a car parking space having undivided shares in the property concerned as referred to in a DMC and of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession of the car parking space, is a flat for the purposes of the Property Management Services Ordinance (Cap.626) (PMSO).
Example 1
It is stated in a DMC that the building has “348 Car Park Units at 25 Undivided Shares each”. These car parking spaces are regarded as 348 flats for the purposes of the PMSO. Therefore, there are 352 flats in the DMC.
Example 2
It is stated in a DMC that the building has “Multi-storey Car Park Accommodation having 184 undivided shares”. The Multi-storey Car Park Accommodation is regarded as one flat for the purposes of the PMSO. Therefore, there are 5 flats in the DMC.
26. The rooftop of a property has its own title, but it is generally sold together with the flat underneath. Should they be regarded as two separate flats?
If the relevant deed of mutual covenant states that the rooftop and the flat underneath each has undivided shares, they should be counted as two flats.
G. Matters relating to application form of property management company licence
27. If the deed of mutual covenant (DMC) of a property includes different parts, such as residential buildings, commercial buildings, car parks and shopping malls, and a property management company (PMC) only provides property management services (PMSs) to one of those parts while other parts are managed by other PMCs, will this situation be regarded as “engaging one or more licensed PMC(s) to provide any PMSs to the property concerned” as stated in the application form for PMC licence and therefore the applicant needs to provide information on other PMC(s)?
The item regarding “engaging one or more licensed PMC(s) to provide any PMSs to the property concerned” as stated in the application form actually asks whether the applicant has outsourced to other licensed PMCs the PMSs it is required to provide. Therefore, if the relevant PMC provides PMSs to the property or any part of it on its own, it will not be regarded as “engaging one or more licensed PMC(s) to provide any PMSs to the property concerned”, and it may also disregard whether the other parts included in the DMC (such as car parks or shopping malls) are managed by other licensed PMC(s).
H. Change of particulars for property management company licences
28. Is a licensed property management company required to notify the Property Management Services Authority if there is a change in its director(s)? Is there any grace period?
Section 17(1) of the Property Management Services Ordinance (Cap. 626) and section 14 of and Schedule 4 to the Property Management (Licensing and Related Matters) Regulation (Cap. 626B) stipulate that licensees must, within 31 days after any change of the prescribed matters (including change of director(s)) takes place, notify the Property Management Services Authority in writing in the forms specified by the Property Management Services Authority and accompanied by the supporting documents which the Property Management Services Authority may from time to time specify.
29. If a full-time licensed property management practitioner (PMP) engaged by a licensed property management company (PMC) resigns, causing the PMC to fail to meet the minimum manning ratios specified by the Property Management Services Authority, is there a grace period for the PMC to recruit a replacement? Or should the PMC temporarily suspend the business of providing property management services (PMSs)?
Licensees are required to comply with certain requirements set out in the Property Management Services Ordinance (Cap.626) and the Property Management Services (Licensing and Related Matters) Regulation (Cap.626B), including the conditions imposed on a PMC licence. One of the conditions imposed on a PMC licence requires the PMC to continue to meet the criteria for holding the licence, that is, the PMC is required to engage at least one licensed PMP (Tier 1) (whether part-time or full-time) who has effective control of the provision of PMSs by the PMC concerned, and the PMC is also required to engage a number of full-time licensed PMPs that meets the minimum manning ratios specified by the Property Management Services Authority. As there is no grace period stipulated in the relevant ordinance, licensed PMCs should recruit sufficient manpower to cope with the turnover of licensed PMPs to ensure compliance with the relevant criteria at any time.
I. Owners’ organisation and property management services
30. What is an owners’ organisation?
An owners’ organisation, in relation to a property, means an organisation (whether or not formed under the Building Management Ordinance (Cap. 344) or a deed of mutual covenant) that is authorised to act on behalf of all the owners of the property. An owners’ corporation is an example of an owners’ organisation.
31. Is an owners’ corporation required to hold a property management company licence?
An owners’ corporation is an owners’ organisation within the meaning of the Property Management Services Ordinance (Cap. 626) (PMSO). The subsidiary legislation stipulates that the duties and obligations performed by an owners’ organisation pursuant to the Building Management Ordinance (Cap. 344) are not property management services prescribed under the PMSO and therefore, an owners’ corporation performing only such duties and obligations is not required to hold a licence.
32. Is an owner or owners’ organisation “self-managing” less than 1,500 flats required to hold a property management company licence?
In general, an owner or owners’ organisation “self-managing” less than 1,500 flats is not required to hold a property management company licence. The Property Management Services Authority has stipulated in the subsidiary legislation that the duties and obligations performed by an owner or owners’ organisation pursuant to the Building Management Ordinance (Cap. 344) are not property management services prescribed under the Property Management Services Ordinance (Cap. 626). Therefore, an owner or owners’ organisation is not required to hold a licence if the owner or owners’ organisation only performs such duties and obligations.
33. Is an owner or owners’ organisation “self-managing” 1,500 or more flats required to hold a property management company licence?
Property management services are comprehensive multi-disciplinary professional services, which are more complex and demanding for a property containing 1,500 or more flats. Moreover, as property management services become more diversified, it is believed that comprehensive and professional knowledge of property management is required in order to provide ideal property management services. If an owner or owners’ organisation “self-manages” 1,500 or more flats and provides more than one category of property management services going beyond the duties and obligations performed by an owner or owners’ organisation pursuant to the Building Management Ordinance (Cap. 344), that owner or owners’ organisation is required to hold a licence.
34. Is an owner or owners’ organisation required to hold a licence if it engages a property management company to provide property management services?
An owner or owners’ organisation that engages a property management company and monitors, in the capacity of an owner or owners’ organisation, the provision of property management services by the company, will not be regarded as carrying on the business of providing property management services. Therefore, the owner or owners’ organisation is not required to hold a property management company licence, and the owners concerned will also not be regarded as assuming a managerial or supervisory role in a property management company and are therefore not required to hold property management practitioner licences.
J. Matters relating to car park management companies
35. My company is engaged by the owner of a car park to manage the car park, which is located in a building subject to a deed of mutual covenant. Is my company required to hold a PMC licence?
According to the provisions of the Property Management (Licensing and Related Matters) Regulation (Cap. 626B) (the Regulation), car park management services fall within category 5 of the property management services (PMSs): “Facility management relating to a property – Services for the management of ancillary facilities in a property (except category 3 of the PMSs: “Repair, maintenance and improvement of a property”). For the 7 categories of the PMSs stipulated in the Regulation, details may be found here.
If the company concerned only provides one category of the PMSs (for example, only provides category 5 facility management services), pursuant to section 7(2) of the Property Management Services Ordinance (Cap. 626), it is not required to hold a PMC licence.
If the company concerned provides not only category 5 of the PMSs but also any other category(ies) of the PMSs, such as category 3: “Repair, maintenance and improvement of a property” to the building in which the car park is located, it is required to hold a PMC licence. As to whether the provision of repair, maintenance and improvement services in car parks will be regarded as providing category 3 of the PMSs, please refer to Question 35.
36. My company, in the capacity of a tenant, rents a car park located in a building subject to a deed of mutual covenant to operate the business of providing parking services. Is my company required to hold a PMC licence?
If the company concerned, in the capacity of a tenant, only rents the car park concerned for its business of providing parking services, and does not provide two or more categories of property management services to the building in which the car park is located, then the company concerned is not required to hold a PMC licence.
37. The DMC manager of a building has outsourced the management of the car park located in the building to a sub-contractor property management company (PMC). Is the sub-contractor PMC required to hold a PMC licence?
If the sub-contractor PMC concerned, apart from managing the car park (management of car parks falls within category 5 of the property management services (PMSs), i.e. facility management relating to a property), does not provide two or more categories of the PMSs to the building in which the car park is located, then the sub-contractor PMC concerned is not required to hold a PMC licence.
If the sub-contractor PMC concerned, apart from managing the car park (management of car parks falls within category 5 of the PMSs, i.e. facility management relating to a property), provides two or more categories of the PMSs to the building in which the car park is located, the sub-contractor PMC concerned is required to hold a PMC licence.
38. When managing the car park of a building, a company may be required to provide repair and maintenance services for the installations in the car park. Are these property management services (PMSs) be regarded as "repair, maintenance and improvement of a property" falling within category 3 of the PMSs? Is the company therefore deemed to be providing two categories of the PMSs (namely categories 3 and 5) and is required to hold a PMC licence?
Pursuant to section 3 of Schedule 1 to the Property Management Services (Licensing and Related Matters) Regulation (Cap. 626B), a PMS incidental to and necessary for the provision of a property management service under a category of the PMSs such as category 5 (i.e. facility management relating to a property – Services for the management of ancillary facilities in a property (except property management services falling within category 3: “Repair, maintenance and improvement of a property”) is regarded as a PMS under that specific category (i.e. category 5) only.
If the company concerned repairs and maintains installations in the respective car park for the purpose of providing category 5 of the PMSs, while the repair and maintenance of the building in which the car park is located is undertaken by another PMC (such as the DMC manager), then generally speaking, the repair and maintenance of installations in the car park can be regarded as an incidental and necessary PMS under category 5. Since the company concerned only provides category 5 of the PMSs (i.e. only provides one category of the PMSs), it is not required to hold a PMC licence. However, depending on the actual circumstances, if the repair involves the repair, maintenance and improvement of the building concerned, and is not incidental and necessary PMS falling within category 5 of the PMSs, then the company concerned may be regarded as providing category 3 of the PMSs: “repair, maintenance and improvement of a property”. Since the company concerned provides categories 3 and 5 of the PMSs, it is required to hold a PMC licence.
39. Is a licensed property management company (PMC) that manages a car park required to meet the minimum manning ratios specified by the Property Management Services Authority?
A PMC that manages a car park is also required to meet the minimum manning ratios specified by the Property Management Services Authority if it applies for a PMC licence. According to the current formula for calculating the specified minimum manning ratio, a PMC is required to engage at least one licensed PMP (Tier 1) for every 3,000 flats or below, and at least one licensed PMP (Tier 2) for every 1,500 flats or below.
For a parking space the owner of which enjoys exclusive possession as stated in the deed of mutual covenant (DMC) of a building, the undivided share(s) allocated to his/ her “parking space” shall, for the purpose of administering the Property Management Services Ordinance (Cap. 626), be treated as a “flat”. Therefore, when applying for a PMC licence, in terms of calculating the minimum manning ratio specified by the Property Management Services Authority, a “parking space” to which an undivided share is allocated is to be regarded as a “flat”. Depending on how the DMC allocates the undivided shares, some entire car parks/parking premises is only regarded as one “flat”, which is to be used as the basis for calculating the minimum manning ratio. If, according to the DMC, an individual “parking space” is regarded as one “flat”, then the minimum manning ratio is also to be calculated on that basis.
For details on the calculation of number of “flats”, please refer to Question 22.
K. Application for renewal of licence
40. When will a PMP licence need to be renewed?
As per the requirements of Section 10(1)(a)(ii) of the Property Management Services Ordinance (Cap. 626) (PMSO), an application for the renewal of a licence must be made to the Property Management Services Authority for a PMP (Tier 1) licence or PMP (Tier 2) licence, within 3 to 6 months before the expiry of the licence (specified time).
Section 10(11) of the PMSO stipulates that if an application for the renewal of a licence is made after the specified time but before the expiry of the licence, the Property Management Services Authority may accept the application if the Property Management Services Authority considers that there is a good reason for doing so, and may extend the validity of the licence for a period not exceeding 6 months, subject to any prescribed fees the Property Management Services Authority may charge and any conditions the Property Management Services Authority may impose.
If a licensee applies for a licence after the aforementioned periods (e.g. renewing a licence three years after its validity expires), the licence application will be treated as a new application.
41. Can a provisional PMP licence be renewed?
The first three years after the implementation of the licensing regime (i.e. from 1 August 2020 to 31 July 2023) is a transitional period. During the transitional period, those who do not meet the criteria for academic and/or professional qualifications but possess the specified work experience may apply for a provisional licence. Those having completed a PMSA specified course before the expiry of the provisional PMP licence may apply for a formal PMP licence without meeting the academic and/or professional qualifications criteria. Therefore, the provisional property management licence is an arrangement for the transitional period. After the transitional period, relevant applications will not be accepted, and there is no renewal mechanism.
42. What are the criteria for renewal of PMP licences?
PMP (Tier 1) Licence | The applicant — (a) has, within the 3 years immediately before the date of the application for renewal of the PMP (Tier 1) licence, held a PMP (Tier 1) licence; and (b) is a member of a professional body recognized by the Property Management Services Authority. Note: Applicant who is/was a licensed Provisional PMP (Tier 1) and obtained the PMP (Tier 1) licence through completion of the Property Management Services Authority Specified Course is only required to fulfill the requirement stated in (a) above. |
PMP (Tier 2) Licence | The applicant has within the 3 years immediately before the date of the application for renewal of the PMP (Tier 2) licence, held a PMP (Tier 1) licence or a PMP (Tier 2) licence. |
43. What documents are required for a PMP licence renewal application?
Simply submit the completed and signed “Application Form for Renewal of Property Management Practitioner Licence” and pay the following fee:
Licence Category |
Fee |
PMP (Tier 1) licence |
$3,700 (includes $100 application fee & $3,600 3-year licence fee) |
PMP (Tier 2) licence |
$1,300 (includes $100 application fee & $1,200 3-year licence fee) |
Please provide relevant supporting documents if there is any change(s) to following information:
Changes | Relevant supporting documents |
1. Name | The original and a copy of the deed poll, and the Hong Kong Identity Card showing the new name |
2. Gender |
|
3. Address (Residential/Correspondence) | A copy of proof for the new address issued within 3 months |
4. Academic Qualification | A copy of the proof of education (e.g. graduation certificate) (if any) |
5. Professional Qualification (only applicable to PMP (Tier 1) licence holders) | A copy of the proof for professional qualifications (must be issued by the recognized professional body, indicating the class of membership and validity date) (if any) |
6. Full-time work experience in property management | A copy of supporting document issued by new/ ex-employer(s) for work experience in property management in Hong Kong, e.g. letter of employment etc. (if any) |
L. Others
44. What is an incidental service?
The Property Management Services Authority has stipulated in the Property Management Services (Licensing and Other Matters) Regulation (Cap. 626B)(subsidiary legislation) that property management services (PMSs) incidental to and necessary for the provision of the PMSs under a category of services prescribed in the subsidiary legislation are regarded as PMSs under that category only. For the provision of one category of PMSs (primary service), it may at times be necessary to involve the provision of PMSs under another category or other categories of services because of prevailing trade practices or procedures regarded as standard. In such a case, the PMSs under other categories will be regarded as incidental services to the primary service.
45. One of the conditions imposed on a licence is to have the name of the licensee and licence number clearly and conspicuously stated on any name card, letter, account, receipt, pamphlet, brochure, advertisement and other documents issued in whatever form by or on behalf of the licensee in the capacity of a licensee. Is there any specified format?
There is no specified format but the best practice is to use the wording set out in the Property Management Services Ordinance, as follows:
Licensed PMP (Licence no. P1-XXXXXX); or
Licensed PMP (Tier 1) (Licence no. P1-XXXXXX)
46. A licensee has to state the name and licence number on what kind of things?
According to Sections 10(e), 11(e) and 12(d) of the Property Management Services (Licensing and Related Matters) Regulation (Cap. 626B), the PMSA may impose on the relevant licence prescribed conditions including that a licensee (or a holder of provisional PMP licence) has to state the name and licence number of the licensee clearly and conspicuously on any document (e.g. name card, letter, account, receipt, pamphlet, brochure, advertisement) issued in whatever form (including electronic transmission) by or on behalf of the licensee in the capacity of a licensee. In other words, if the things are not documents (e.g. uniforms, tools for cleansing, hoardings, etc.), the licensee is not required to state the name and licence number on those things.