Q1｜When paying land premium, is consent from all co-owners required? What if one person disagrees?
📌 Generally requires all registered owners to apply together.
Unsubsidized Home Ownership Scheme (HOS) flats are regulated by the Housing Ordinance and the Housing Authority. The land premium is usually required to be signed by all registered owners. If one of them disagrees, the land premium process generally cannot proceed, and the property cannot be freely sold on the open market.
Q2｜How is the property title handled when parents and children hold a Home Ownership Scheme flat as tenants in common, after the parents pass away?
📌 The parents' share will be handled according to the will or the Intestates' Estates Ordinance.
Tenancy in common does not have automatic inheritance; the parents' share is part of the estate and must go through the will or probate process, while still complying with the Housing Authority's transfer regulations for subsidized sale flats without premium paid.
Q3｜If one co-owner wants to sell, but the other disagrees, is it impossible to sell?
📌 Legally permissible to sell your own share; practically difficult.
Although a tenant in common can transfer their share, buyers in the market are generally unwilling to purchase only a partial property interest, and banks commonly do not approve mortgages for such shares. The most common approach is to negotiate a collective sale or for one party to buy out the other's share.
Q4｜Will joint tenancy affect future applications for Home Ownership Scheme, public rental housing, or other subsidized housing?
📌 Most subsidized housing schemes consider co-owners as having "enjoyed subsidized home ownership opportunities".
When the Housing Authority reviews eligibility, registered owners or co-owners are generally considered to already hold subsidized housing, which may affect future applications for public rental housing, White Form schemes, or other subsidized projects. Specific eligibility should be based on the Housing Authority's latest policies at the time.
Q5｜After paying the land premium, if I transfer part of the share to my family, do I need to pay stamp duty?
📌 General needs, calculated according to Ad Valorem Stamp Duty (AVD).
After premium payment, Home Ownership Scheme (HOS) flats become free market properties. The transfer of share of rights is considered a "transfer of property interests," and AVD must be paid based on the market value or consideration (whichever is higher). If the transfer is between direct relatives, in some cases, it may be exempted or reduced by the Inland Revenue Department.
Summary:
HOS flats cannot be freely transferred/removed from names: Any form of ownership change requires approval from the Housing Authority.
Premium payment requires consent from all co-owners: One person's objection prevents the process.
Inheritance must be handled according to inheritance laws: And must comply with the Housing Authority's transfer regulations.
Tenancy in common affects eligibility for subsidized housing: Subject to the Housing Authority's policies.
Transferring shares after premium payment requires stamp duty: Calculated based on market value or consideration.
