Buying Property in Hong Kong: What a Solicitor Does

Introduction

Property transactions in Hong Kong are governed by the Conveyancing and Property Ordinance (Cap. 219), the Stamp Duty Ordinance (Cap. 117), the Land Registration Ordinance (Cap. 128), and a network of related statutes. Even a seemingly simple second-hand residential transaction involves detailed legal checks, strict payment timing, stamp-duty computation, and document registration. Hong Kong market practice is that both buyer and seller retain solicitors — the buyer's and seller's solicitors work together to drive the transaction forward, each protecting their own client's position.

This article describes in general terms the principal stages from Provisional Agreement to completion, what the buyer's solicitor does at each stage, the seller's solicitor's role, the key differences between new-build and second-hand transactions, and general expectations on cost and timing. Stamp duty and title investigation are covered in the two sibling articles in this series.

The Principal Transaction Stages

Stage 1 — Provisional Agreement for Sale and Purchase

In a typical second-hand transaction, the first step is usually that the buyer, through an estate agent, reaches agreement with the seller and the parties sign a Provisional Agreement for Sale and Purchase (commonly called the "provisional agreement"). The buyer typically pays an initial deposit — a fraction of the purchase price — on signing.

A crucial point: Hong Kong's provisional agreement is not a non-binding letter of intent or a pre-contract document. It is a binding contract. But note where the consequences come from: forfeiture of the initial deposit and payment of double the initial deposit are terms of the standard-form provisional agreement, not rules laid down by any ordinance (what governs you is what your own agreement says), and specific performance — a court order compelling the other side to complete — is a discretionary equitable remedy, not something a party is entitled to as of right.

First-hand sales are a statutory exception. Where a buyer of a first-hand residential property fails to execute the agreement for sale and purchase in time, the Residential Properties (First-hand Sales) Ordinance (Cap. 621) s. 53(3) caps the consequence at forfeiture of the preliminary deposit: "the owner does not have any further claim against the person for the failure." Section 53(4) expressly abrogates the owner's further claims at common law and in equity. The further damages described in this paragraph do not extend to those transactions — see New-Build Flats below.

As a matter of good practice, a buyer should consult a solicitor before signing the provisional agreement — to review the price, budget for stamp duty, and conduct a preliminary title review. In reality, many buyers engage a solicitor only after signing, at which point the solicitor's role shifts to protecting the buyer's position within the contract already in force, rather than advising on whether to commit.

Stage 2 — Formal Agreement for Sale and Purchase

Typically around two weeks after the provisional agreement, the parties — through their respective solicitors — execute the Formal Agreement for Sale and Purchase. At this stage the buyer usually pays a further deposit and settles the Ad Valorem Stamp Duty (AVD) payable on the provisional and formal agreements together.

The two weeks is a contract term, not a statutory period. "Around two weeks" is the usual term in the standard-form provisional agreements in common use; it is not fixed by any ordinance. The period that governs you is the one written in your own provisional agreement. The statutory period is in the Stamp Duty Ordinance (Cap. 117) s. 29B(1): "Each purchaser and vendor under an unwritten sale agreement or an agreement for sale shall, not later than 30 days after the relevant date, if he has not already done so, execute an agreement for sale containing the matters specified in subsection (5)." That is 30 days, not 14. Two limits sit immediately beside that duty in the same section: s. 29B(2) provides that "Subsection (1) does not apply to a purchaser who, on the relevant date, does not know that the unwritten sale agreement or agreement for sale affects him", and s. 29B(10) provides that "A failure by any person to comply with subsection (1) does not affect the validity or enforceability of an agreement for sale or unwritten sale agreement" — missing the formal agreement has tax consequences, but it does not unmake the provisional agreement. Section 29B(3) defines the relevant date, and paragraph (c) is the one that matters here: "in the case of an agreement for sale preceded by one or more than one unwritten sale agreement, or agreement for sale, made between the same parties and on the same terms, the date on which the first of such agreements was made".

This drives the stamping deadline. Under the First Schedule, head 1(1A) (agreement for sale chargeable with ad valorem stamp duty), column (B) fixes the time for stamping as "30 days after the relevant date (within the meaning of section 29B(3)); but see Notes 2 and 3 to this sub-head". So where a provisional agreement is followed two weeks later by a formal agreement, the 30 days for the provisional agreement itself runs from the date of the first agreement in the chain; signing the second one does not restart that clock.

But the formal agreement's deadline is governed by Note 3, not Note 2 — and Note 3 does not say there is no fresh 30 days. Note 3 to that head provides: "Subject to Note 2, if 2 or more agreements for sale are made between the same parties and on the same terms— (a) for the purposes of Part IIIA and this sub-head, all of the agreements are deemed to be made on the relevant date (within the meaning of section 29B(3)); and (b) where any of the agreements is duly stamped or stamped under section 5(1), 13(2) or 18E(1)— (i) the other agreements are each chargeable with stamp duty of $100; and (ii) notwithstanding paragraph (a), the time for stamping each of the other agreements is not later than 30 days after it was executed". The ordinary provisional-then-formal sequence is Note 3's case: two agreements between the same parties on the same terms. So once the provisional agreement is duly stamped, the formal agreement is chargeable at $100 and has its own 30 days running from its own execution — limb (b)(ii) says so expressly and expressly overrides the deeming in (a). What a buyer must actually do: stamp the provisional agreement within 30 days of the relevant date, after which the formal agreement is handled at $100 on its own 30-day clock.

Note 2 is the different route, for the 14-day supersession case: where the first agreement is superseded within the first 14 days of the stamping period by a second agreement executed under s. 29B(1) between the same parties and on the same terms, the second agreement is deemed made on the relevant date, its time for stamping is not later than 30 days after it was executed, and once it is duly stamped "the obligation to stamp any preceding agreement between the same parties and on the same terms is discharged". The difference is that Note 2 collapses the obligation into the second agreement, while Note 3 leaves each agreement with its own deadline and charges $100 on each of the others.

What missing it costs is in s. 9. Section 9(1) opens with an exception — "Except in the case of an instrument to which section 5(5) or 13(7)(a) applies" — and then provides that an instrument not stamped before or within the time for stamping may be stamped only by the Collector on payment of the duty and a penalty: "(a) if the instrument is so stamped not later than 1 month after the time for stamping, the penalty shall be double the amount of the stamp duty; (b) if the instrument is so stamped later than 1 month but not later than 2 months after the time for stamping, the penalty shall be 4 times the amount of the stamp duty; (c) in any other case, the penalty shall be 10 times the amount of the stamp duty." Section 9(2) adds: "The Collector may remit the whole or any part of any penalty payable under subsection (1)." So late stamping is not charged as interest but as a multiple of the duty, and remission is the Collector's discretion, not a right.

The buyer's solicitor's work at this stage includes:

• Reviewing the provisional agreement's terms to confirm no improper amendments have been made against the buyer
• Drafting and reviewing the formal agreement
• Computing the AVD and assisting the client in timely payment — the provisional agreement's 30 days runs from the relevant date within the meaning of s. 29B(3), not from the date the formal agreement is signed; the formal agreement is then charged $100 under Note 3(b)(i) to head 1(1A) and has its own 30 days from its own execution under Note 3(b)(ii)
• Advising on the instalment schedule, completion date, and property-condition clauses
• Sending Requisitions on Title to the seller's solicitor — formal questions requiring the seller to address technical issues on title

Stage 3 — Title Investigation

Title investigation is the buyer's solicitor's core function. Hong Kong operates a deeds registration system — the Land Registry records the document, but does not guarantee that the registered party holds good title. The buyer's solicitor must therefore review the chain of title documents supplied by the seller and be satisfied that:

• The seller is the lawful owner with authority to sell
• The property is not encumbered by undischarged mortgages, charges, caveats, or other third-party interests
• Title is good and free from reasonable doubt. What the buyer may require starts with the Conveyancing and Property Ordinance (Cap. 219) s. 13(1): "Unless the contrary intention is expressed, a purchaser of land shall be entitled to require from the vendor, as proof of title to that land, only production of the Government lease relating to the land sold and—". The period of proof then splits into two limbs in s. 13(1)(a). Where "the grant of the Government lease was less than 15 years before the contract of sale of that land", limb (i) requires proof only "extending for the period since that grant"; it is limb (ii), "in any other case", that requires proof "extending not less than 15 years before the contract of sale of that land commencing with an assignment, a mortgage by assignment or a legal charge, each dealing with the whole estate and interest in that land". Two further limbs attach to that root: s. 13(1)(b) requires production of any document referred to in the root assignment, mortgage or charge that creates or disposes of an interest, power or obligation not shown to have ceased or expired; s. 13(1)(c) requires production of any power of attorney under which a produced document was executed less than 15 years before the contract of sale. So what the buyer may require is the Government lease plus all three heads of s. 13(1) — (a) the period of title, (b) documents referred to in the root deed, and (c) powers of attorney behind recent documents. The 15-year root under limb (a) is the residual case, not the rule: on a recently granted lot the root of title goes back only to the grant. The section opens with the words "Unless the contrary intention is expressed", so the contract may set a different standard; the statutory standard is the starting point and the contract is the thing capable of displacing it
• The property's permitted use, zoning, and Deed of Mutual Covenant (DMC) terms are consistent with the buyer's intended use
• There are no unauthorised structures (illegal construction), demolition orders, or other government orders outstanding

If the buyer's solicitor identifies title issues, they raise Requisitions and the seller's solicitor must respond or cure. If a title defect is serious and cannot be cured, the buyer may be entitled to rescind the contract and recover the deposit.

Stage 4 — Mortgage Arrangements

Where the buyer requires a mortgage, the application and approval process typically runs in parallel with title investigation. The mortgage solicitor (often, but not always, the same firm acting for the buyer) prepares the Mortgage Deed and related documents, which are handled at completion alongside the title documents.

The lender's legal team reviews title before releasing funds. A title issue that the lender will not accept can block mortgage draw-down, in turn affecting the buyer's ability to complete on time. Early detection of title issues is therefore particularly important.

Stage 5 — Completion

On the completion date specified in the contract, the parties' solicitors meet — typically at one solicitor's office — and perform the following exchange:

• The seller's solicitor delivers the original title deeds the buyer is entitled to, together with the executed Assignment (the conveyance completing the transfer). Cap. 219 s. 13A(1) draws that entitlement far more narrowly than buyers expect: "Unless the contrary intention is expressed, a purchaser of land shall be entitled to require the vendor to deliver to him, for the purpose of giving title to that land, the original of both of the following only— (a) if there is a Government lease that relates exclusively to the land, the lease; and (b) any document that relates exclusively to the land and is required to be produced by the vendor as proof of title to that land under section 13(1)(a) and (c)." Like s. 13(1), it opens with "Unless the contrary intention is expressed" — so it is a default the contract can displace, not a hard statutory ceiling, and a contract may require the vendor to hand over more originals than that. Section 13A(2) preserves a second route: "Subsection (1) does not affect any rule of common law under which the vendor may discharge his obligation to give title to that land otherwise than by delivering the Government lease or document to the purchaser." For a flat in a multi-unit development most of the deeds stay where they are, and s. 13A(3) adds: "If the vendor is not required to deliver to the purchaser a document in giving title to that land, the purchaser has no proprietary right or ownership in the document."
• The buyer's solicitor settles the balance of the purchase price (usually by disbursing the mortgage funds) against the title deeds
• Both solicitors confirm all documents have been signed and exchanged

After completion, the buyer's solicitor lodges the Assignment at the Land Registry for registration. Once registered, the buyer is formally reflected as the registered owner. Registration processing times depend on the Registry's current workload and are generally measured in days rather than months — but registration is not merely a queue; it carries a statutory deadline and a statutory sanction. The Land Registration Ordinance (Cap. 128) s. 5 gives priority to "all deeds, conveyances, and other instruments in writing which are registered within one month after the time of execution thereof respectively", such instruments "shall severally be in like manner entitled to priority, and shall take effect respectively by relation to the date thereof only in the same manner as if this Ordinance had not been passed". Section 3(2) provides that deeds, conveyances and other instruments in writing which are not registered shall, "as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes: Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3 years, or to a regulated tenancy (as defined by section 120AA(1) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7)." The subsection runs on through a colon into a proviso — short rack-rent leases of not more than 3 years and regulated tenancies are outside it — so the nullity is not unqualified. The one-month window and the consequence of missing it are what the solicitor must attend to immediately after completion.

Buyer's Solicitor vs Seller's Solicitor

The buyer's solicitor is responsible for: verifying title, protecting the buyer's payment, handling stamp duty, coordinating the mortgage, and ensuring the buyer obtains possession and good title on the completion date. This is considered the heavier role in the transaction, as the evidential burden on title sits with the seller and the buyer's solicitor must test that evidence.

The seller's solicitor is responsible for: preparing title documents, responding to Requisitions, drafting the Assignment, and on completion delivering title against receipt of the purchase price. A seller's solicitor acting for a long-time owner can generally supply title documents quickly; where the seller has only held the property briefly, the solicitor may need to trace through multiple prior assignments in the chain of title.

Rules on acting for both parties. The restriction is not in the Legal Practitioners Ordinance (Cap. 159) itself. It is in subsidiary legislation made under it — the Solicitors' Practice Rules (Cap. 159 sub. leg. H, version in force 20 June 2019), rule 5C. Rule 5C(1) provides that "Subject to subrules (2), (3), (4) and (5), a solicitor, or 2 or more solicitors practising in partnership or association, shall not act for both the vendor and the purchaser on a sale or other disposition of land for value." Rule 5C(8) extends the prohibition beyond partnership and association: "This rule applies to 2 or more solicitors or firms conducting their businesses as members of the same group practice as it applies to any 2 or more solicitors practising in partnership or association."

Rule 5C(6) lists the five situations in which the rule does not apply:

• (a) "if the parties are associated parties;" Rule 1A defines associated parties as "means 2 or more parties where— (a) one party is the holding company of the other party; or (b) one party is the subsidiary of the other party’s holding company; or (c) the parties are related by blood, adoption or marriage" (holding company and subsidiary carry their Companies Ordinance (Cap. 622) meanings).
• (b) "to a sale or other disposition of land the consideration of which does not exceed $1,000,000 or such other amount as the Council may, subject to the prior approval of the Chief Justice, from time to time determine, and in respect of which there is no conflict of interest;" Note that the $1,000,000 is a movable figure: the Council may, subject to the prior approval of the Chief Justice, from time to time determine another amount.
• (c) "to a mortgage of land;" and (d) "to a lease of land; or". Limb (c) is the one most often stated backwards: what is exempt is a mortgage of land — the instrument itself — not a transaction that happens to have no mortgage.
• (e) a sale or other disposition of land under a contract entered into before the commencement of the Solicitors' Practice (Amendment) Rules 1989 (L.N. 154 of 1989).

Rule 5C contains no mechanism of disclosing a conflict and obtaining written consent. Apart from the r. 5C(6) exemptions, the cases in which one solicitor may act for both are those in rules 5C(2) to (5), which govern new developments (see New-Build Flats below); their conditions are structural — a statutory declaration deposited in the Land Registry, and clauses the Council specifies for mandatory inclusion in the agreement — not consent.

But that "only two" is true of rule 5C read alone, not of the Solicitors' Practice Rules as a whole. Rule 6 of the same instrument provides a third route: "The Council shall have power to waive in writing any of the provisions of these rules in any particular case or cases, either unconditionally or subject to such conditions as the Council may think fit to impose." Rule 5C is one of "the provisions of these rules", so the Council may waive it case by case, in writing, and on whatever conditions it thinks fit. That is not something the parties can achieve by consenting, and not something the solicitor can decide: it has to come from the Council, in writing. In ordinary arm's-length transactions each party should still have independent representation.

New-Build vs Second-Hand

New-Build Flats

Buying a new flat from a developer differs in several important respects:

• Standard-form contract. The provisional agreement uses the developer's standard contract. The buyer generally cannot amend the principal terms, only add limited supplemental provisions.
• Limited title scope. As the developer is the first owner, there is no prior chain of title to trace. However, the buyer's solicitor still reviews the sales brochure, draft DMC, Government Lease, and compliance with the Residential Properties (First-hand Sales) Ordinance (Cap. 621).
• Handover flexibility clauses. New-build contracts typically allow the developer to postpone handover pending receipt of the Occupation Permit or similar conditions. The solicitor explains these clauses and their consequences.
• Statutory deposit and signing deadlines. The Residential Properties (First-hand Sales) Ordinance (Cap. 621, version in force 1 September 2023) s. 52(1): "A preliminary deposit of 5% of the purchase price is payable by a person to the owner on entering into a preliminary agreement for sale and purchase in respect of the specified residential property with the owner." Section 52(2) makes that unavoidable by the developer's own form: "If there is any conflict or inconsistency between subsection (1) and a provision of a preliminary agreement for sale and purchase, subsection (1) prevails over the provision to the extent of the conflict or inconsistency." Section 52(3) allows the Secretary to move the figure: "The Secretary may, by notice published in the Gazette, amend subsection (1) by substituting another percentage for the percentage specified in that subsection." Under s. 53(2), if the buyer executes the agreement for sale and purchase within 5 working days after entering into the preliminary agreement, "the owner must execute the agreement for sale and purchase within 8 working days after that date." Under s. 53(3), if the buyer does not execute within those 5 working days, "the preliminary agreement is terminated; (b) the preliminary deposit is forfeited; and (c) the owner does not have any further claim against the person for the failure." Section 53(4) abrogates the owner's further claims at common law and in equity, and an owner contravening s. 53(2) commits an offence punishable by a fine of $1,000,000 (s. 53(5)).
• Panel solicitor schemes, and why they are lawful. Developers nominate a panel of solicitor firms to handle mortgages and assignments — buyers may select from the panel or appoint their own solicitor (typically at additional cost to the buyer). Developers do not usually charge the buyer separately for the panel firm's work on the assignment, but individual developments differ; Schedule 2 paragraph 3 of the Solicitors (General) Costs Rules in fact prices the deed-of-mutual-covenant work (see cost section below). The arrangement is lawful because rules 5C(2) to (5) of the Solicitors' Practice Rules expressly permit one solicitor to act for both developer and purchaser: r. 5C(2) covers an uncompleted development requiring the Director of Lands' consent; r. 5C(3) covers an uncompleted development not requiring it, but only if the solicitor "has deposited in the Land Registry a statutory declaration" and "(b) the agreement for sale and purchase to be entered into by the vendor and the purchaser contains such clauses as the Council may, subject to the prior approval of the Chief Justice, from time to time specify for mandatory inclusion in the agreement." r. 5C(4) covers a unit in a completed development sold by the owner of the whole development where no assignment has been executed since the occupation permit or certificate of compliance, again conditional on the mandatory clauses; and r. 5C(5) extends the arrangement to sub-sales, providing that the solicitor or solicitors "may also act for the purchaser and the sub-purchasers in the sub-sale and sub-purchase of the unit or interest". That is why the panel arrangement and the general restriction above are not in conflict.

Second-Hand Flats

Second-hand transactions are where title investigation is the buyer's solicitor's principal work. A property that has been sold several times will have a longer chain of title, and the solicitor must verify that each prior sale was properly stamped, that prior mortgages were validly discharged, and so on. Depending on the property, specific issues — stigmatised-property disclosure (no Hong Kong ordinance imposes a disclosure duty for serious past events at a property; the position rests on the contract's own representations and warranties and on general law), DMC compliance, and planning compliance — also require attention.

General Expectations on Cost and Timing

Solicitor fees are structured as follows:

• Buyer's solicitor fees. Conveyancing is non-contentious business, which the Legal Practitioners Ordinance (Cap. 159, version in force 24 August 2025) s. 2 defines as "non-contentious business (非爭訟事務) includes any business connected with sales, purchases, leases, mortgages and other matters of conveyancing;" A solicitor's remuneration for it is governed by the Solicitors (General) Costs Rules (Cap. 159 sub. leg. G, version in force 12 November 2015). Rule 2: "These rules apply to all solicitors’ non-contentious business except for any such business which is provided for or regulated by any other rules made under section 74(3) of the Ordinance." Rule 3(1): "The scales of costs set out in Parts 1, 2 and 3 of Schedule 1 shall be the costs chargeable in relation to the non-contentious business to which they are respectively expressed to apply." Rule 3(2) adds: "If the same non-contentious business is chargeable under more than one of the scales of costs set out in Schedule 1, the higher scale of costs shall apply."
• Agreement for sale and purchase — Schedule 2, paragraph 1. "The costs chargeable in relation to agreements for sale and purchase of leasehold property or any interests therein shall be as follows". The Schedule's columns are headed Exceeding and Not Exceeding, so a boundary figure falls in the lower band: $800 where the consideration does not exceed $100,000; $1,000 exceeding $100,000 but not exceeding $250,000; $1,250 exceeding $250,000 but not exceeding $500,000; $1,500 exceeding $500,000 but not exceeding $1,000,000; $1,750 exceeding $1,000,000 but not exceeding $2,000,000; $2,000 exceeding $2,000,000 but not exceeding $5,000,000; $2,500 exceeding $5,000,000 but not exceeding $10,000,000; and $3,000 exceeding $10,000,000. (A consideration of exactly $250,000 attracts $1,000, not $1,250.)
• Subsidised-housing agreements — Schedule 2, paragraph 1A. "The costs chargeable in relation to agreements for sale and purchase of residential units comprised in the Private Sector Participation Scheme, the Flat For Sale Scheme or the Sandwich Class Housing Scheme shall be 60% of the costs set out in paragraph 1". There is no counterpart reduction for Home Ownership Scheme units under Schedule 2: the 50% in Schedule 1 Part 1 paragraph 8 applies to assignments only and cannot be read across to the agreement.
• Assignment and mortgage — Schedule 1, Part 1. Paragraph 1 opens "Save as provided in paragraph 5, the scale of costs set out in this Part shall apply to the following non-contentious business, namely", and applies the Part's scale to "assignments (including deeds of exchange) of leasehold property or interests therein; (b) mortgages and agreements for mortgage of leasehold property or interests therein;" among other business. The scale runs: $1,800 where the consideration does not exceed $100,000; $2,450 exceeding $100,000 but not exceeding $150,000; $3,100 exceeding $150,000 but not exceeding $200,000; $3,750 exceeding $200,000 but not exceeding $250,000; then $3,750 on the first $250,000 plus $100 per $10,000 or part thereof up to $500,000; $6,250 on the first $500,000 plus $75 per $10,000 or part thereof up to $1,000,000; $10,000 on the first $1,000,000 plus $50 per $10,000 or part thereof up to $5,000,000; $30,000 on the first $5,000,000 plus $25 per $10,000 or part thereof up to $50,000,000; $142,500 on the first $50,000,000 plus $12.50 per $10,000 or part thereof up to $100,000,000; and $205,000 on the first $100,000,000, discretionary thereafter.
• The other modifications in the same Part — not just the 50% and 60%. Home Ownership Scheme assignments are charged at 50% of that scale (paragraph 8), and Private Sector Participation Scheme, Flat For Sale Scheme and Sandwich Class Housing Scheme units at 60% (paragraph 9). In addition: paragraph 3 charges one half of the Part's costs for mortgages and the like taken by way of collateral security, with the qualification that nothing in it requires a solicitor to charge more than $3,000.00, and a discretionary amount not exceeding $900.00 where the principal security's consideration does not exceed $100,000.00; paragraph 4 applies the same two figures to replacement securities — one half of the Part's costs where the consideration stated in the original security exceeds $100,000.00, again subject to "nothing in this sub-paragraph shall be construed as to require a solicitor to charge more than $3,000.00", and a discretionary amount not exceeding $900.00 below that — with paragraph 4(b) defining "Replacement securities (替換保證) means mortgages prepared by solicitors solely to meet the requirements of the Land Registry consequent upon the grant of a new Government lease or conditions of exchange, renewal or regrant where immediately prior to such grant owners of leasehold properties have to clear all encumbrances."; paragraph 6 provides that "For the approval only of documents in any non-contentious business referred to in any of paragraphs 1 to 4 the costs shall be one half of the costs set out in this Part or where the relevant consideration does not exceed $100,000.00, a discretionary amount not exceeding $900.00."; and paragraph 7 provides that "In all assignments, mortgages, agreements for mortgage, debentures, agreements for debenture and further charges incorporating Letter “A” or Letter “B” land exchange entitlements, the costs shall be 80% of the costs set out in this Part." Those are all of the paragraphs in this Part that modify the level of the costs (paragraphs 3, 4, 6, 7, 8 and 9), not a selection from a longer list. The remaining paragraph, paragraph 2, is not a reduction: it defines what the consideration is — an exchange is charged on the higher-valued property, a liquidator's distribution in specie on the value assessed by the Collector, and a mortgage of unspecified amount on the maximum amount the mortgagee is told will be advanced.
• Where the scale does not apply at all — Schedule 1 Part 1 paragraph 5. Paragraph 1's opening words are load-bearing. Paragraph 5 provides: "The scale of costs in this Part shall not apply to the following non-contentious business, which shall be chargeable under rule 5— (a) a legal mortgage or debenture incorporating leasehold property or interests therein, executed pursuant to an agreement for a mortgage or debenture already charged for under this Part; (b) the approval of the form of a second or subsequent mortgage or debenture incorporating leasehold property or interests therein on behalf of a mortgagee or debenture holder having priority; (c) all deeds or agreements for an extension of time for repayment of a mortgage or debenture unless such extension is contained in or is incidental to a further charge; (d) all deeds and assignments by way of gift; (e) all assents and assignments by personal representatives or by trustees for which there is no consideration; and (f) all settlements and deeds of family arrangement." Settlements and deeds of family arrangement are on that list — and the timing section below notes that family arrangements lengthen a transaction. Those documents are charged under rule 5, not on the scale.
• Reassignments and releases — Schedule 2, paragraph 2. "The costs chargeable in relation to reassignments of property and releases, including the release of a bill of sale by way of security, shall be as follows": $1,100 where the original consideration does not exceed $100,000; $1,300 exceeding $100,000 but not exceeding $250,000; $1,600 exceeding $250,000 but not exceeding $500,000; $1,800 exceeding $500,000; and $1,800 for unlimited consideration. The paragraph adds: "The above costs include charges for the registration of the documents in the Land Registry, the Companies Registry and the High Court Registry." Discharging the seller's existing mortgage is a necessary step at Stage 5 above.
• Deeds of mutual covenant — Schedule 2, paragraphs 3, 3A and 3B. "The costs chargeable in relation to all deeds of covenant, deeds of mutual covenant and deeds of mutual covenant and grant as customary in all flatted developments or developments of town houses or developments of a similar nature shall be $750 in respect of each first assignment of any undivided share or shares in the property: Provided that—". The proviso is what tiers the charge down. Where a building has more than 50 units: $750 each for the first 50 units, $650 each for the next 25, $500 each thereafter; for a development of town houses the figures are $1,500, $1,300 and $1,000. Home Ownership Scheme units attract 50% of paragraph 3 (paragraph 3A) and Private Sector Participation Scheme, Flat For Sale Scheme and Sandwich Class Housing Scheme units 60% (paragraph 3B).
• Approval of documents only — Schedule 2, paragraph 4. "For the approval only of documents in any non-contentious business referred to in paragraph 1, 2 or 3 the costs chargeable shall be one half of the charges set out in this Schedule."
• The $300 Land Registry registration fee — Schedule 1 Part 3 paragraph 4. The paragraph reads: "Where an agreement for sale and purchase, lease, agreement for lease, tenancy agreement or any renewal thereof is required to be registered in the Land Registry a solicitor shall in addition to the costs herein set out charge an additional fee of $300.00 in respect of such registration." This site's reading: paragraph 4 sits inside Schedule 1 Part 3, whose paragraph 1 reads in full "Save as provided in paragraph 5, the scale of costs set out in this Part shall apply to all leases, agreements for lease and tenancy agreements." — the opening words carry the same weight here as they do in Part 1 paragraph 1 — so we do not add the $300 to a residential agreement for sale and purchase priced under Schedule 2 paragraph 1. The paragraph's words do expressly name an agreement for sale and purchase, however, and the text alone does not settle the point — ask the firm to confirm the item in its written quotation.
• Who sets the scale, and how it can change. The scales are made by the Costs Committee under Legal Practitioners Ordinance (Cap. 159) s. 74(3)(a), which empowers it to make rules "providing for the remuneration of solicitors in respect of non-contentious business;" and s. 74(4) provides that "Every rule made under this section shall be subject to the prior approval of the Chief Justice." The figures above can therefore be altered by that route.
• Disbursements. Land Registry fees, search fees, Rating and Valuation Department enquiry fees, stamp duty agency fees, and similar pass-through costs are billed separately from the solicitor's fee.
• Stamp duty. See stamp-duty-property-hong-kong.

A straightforward uncontested second-hand transaction typically takes around 6 to 8 weeks from signing the provisional agreement to completion. That is the usual market rhythm, not a statutory period. Timing depends on the contract terms, mortgage approval, and the complexity of title. Company transfers, cross-border buyers, title disputes, family arrangements, and Government Lease-conditioned land can all extend the timeline significantly.

Legal Risks Buyers Often Overlook

• The strength of the provisional agreement. Hong Kong provisional agreements are strongly binding once signed; dispute latitude is largely confined to the contract's own terms. Pre-signing solicitor review provides the highest marginal benefit.
• Stigmatised-property disclosure. No Hong Kong ordinance imposes a duty on a seller to disclose serious past events at a property (for example, a suicide or homicide); the position rests on the representations and warranties in the contract and on general law. A buyer's solicitor will address how disclosure failures could affect the contract.
• DMC restrictions. Many DMCs restrict short-term letting, keeping pets, or specific uses. A common form sets a minimum letting period (28 days, for example, with the practical effect of prohibiting Airbnb-style use), but a DMC is a private document that differs building by building and there is no standard clause. A buyer should confirm intended use aligns with the DMC before signing.
• Government Lease conditions. Some lots — particularly in the New Territories — carry Government Lease conditions restricting development, specifying use, or imposing development premiums. The solicitor reviews these conditions.
• Compulsory sale of old buildings. Where the property is in an older building, a redevelopment-minded acquirer may seek a compulsory sale order under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545, version in force 6 December 2024). Section 3(1): "Subject to subsection (5), the person or persons who owns or own, otherwise than as a mortgagee, not less than 90% of the undivided shares in a lot may make an application— (a) accompanied by a valuation report as specified in Part 1A of Schedule 1; and (b) to the Tribunal for an order to sell all the undivided shares in the lot for the purposes of the redevelopment of the lot." Section 3(5) provides that "Subject to subsection (6), the Chief Executive in Council may, by notice in the Gazette, specify a percentage lower than the percentage mentioned in subsection (1) in respect of a lot belonging to a class of lots specified in the notice", and s. 3(6) provides: "No percentage may be specified in a notice under subsection (5) which is less than 65%."

That power is not sitting unused — it has been exercised since 1 April 2010. The Land (Compulsory Sale for Redevelopment) (Specification of Lower Percentage) Notice (Cap. 545 sub. leg. A, version in force 6 December 2024) is named in the Ordinance's own text at s. 3(10). Its section 3 specifies three lower percentages, and its section 4 defines the classes of lot they attach to:

- 80% — s. 4(1): "a lot with each of the units on the lot representing more than 10% of all the undivided shares in the lot"; or "a lot that is not located within a designated area, and with each of the buildings erected on the lot issued with an occupation permit at least 50 years but less than 60 years before the relevant date".

- 70% — s. 4(2): a lot inside a designated area whose buildings were issued with an occupation permit at least 50 but less than 60 years before the relevant date; a lot outside a designated area whose buildings were issued with one at least 60 but less than 70 years before that date; or a lot outside an industrial zone where each building "is an industrial building" and "was issued with an occupation permit at least 30 years before the relevant date".

- 65% — s. 4(3): a lot inside a designated area whose buildings were issued with an occupation permit at least 60 but less than 70 years before the relevant date; or "a lot with each of the buildings erected on the lot issued with an occupation permit at least 70 years before the relevant date".

The Notice defines a designated area as an area set out in its Schedule, which covers the whole of the areas shown on the Sai Ying Pun and Sheung Wan, Wan Chai, Yau Ma Tei, Mong Kok, Cheung Sha Wan, Ma Tau Kok and Tsuen Wan outline zoning plans, among others. So 90% is not a fixed number, and for an older building it is frequently not the operative number at all: for a lot in one of those classes the threshold already is 80%, 70% or 65%. The minority owner's protections and compensation principles are worth understanding.

Related guides: see also property stamp duty , title checks and conveyancing , and tenancy agreement terms , or browse our Hong Kong conveyancing overview .