According to current Housing Authority regulations, second-hand Home Ownership Scheme (HOS) flats can only be sold on the open market after paying the land premium if they have been owned for at least 15 years. However, if selling on the Secondary Market, the flats can be resold to Green Form or White Form buyers after 5 years.
To buy or sell second-hand HOS flats without paying the land premium, both the owner and the buyer must obtain permission from the Housing Department. Here’s a guide on how to apply for the Certificate of Eligibility to Purchase (CEP) and the Certificate of Availability for Sale (CAS).
Green Form applicants can apply for the CEP by filling out the application form and submitting it along with a cheque for HK$870. Once the Housing Authority reviews and approves the application, the CEP will be issued to the applicant.
The CEP is generally valid for one year. Applicants must purchase a second-hand HOS flat within this period. If they are unable to sign a Provisional Agreement for Sale and Purchase within the validity period but still wish to purchase a flat and remain eligible, they must reapply and pay the relevant fee again.
White Form applicants need to apply for the White Form Secondary Market Scheme (WSM). Successful applicants will be required to submit an income and asset declaration form and provide supporting documents for eligibility verification. Once approved, the Housing Authority will send an approval letter confirming the allocation.
The approval letter includes two confirmation forms: (1) The CEP for the Housing Authority's HOS Secondary Market; (2) the CEP for the Housing Society's Flat-for-Sale Scheme Secondary Market. Applicants can apply for both certificates or just one.
Applications must be submitted within six weeks from the date of the approval letter, along with the application fee of HK$870 per certificate, to the Housing Authority and/or Housing Society. The relevant certificate will be sent by registered mail within 14 working days after all required documents are received.
If an owner wishes to sell a second-hand HOS flat without paying the land premium, they must apply for the CAS from the Housing Authority. The owner needs to fill out the application form and submit it along with a cheque for HK$900, a copy of the deed or transfer document, to the Housing Authority office.
To prevent owners from leaving their flats vacant, a new requirement has been added. From June 1, owners applying for the CAS must submit copies of utility bills from the past six months as proof of residence. If sufficient information is not provided, the Housing Authority will reject the application.
Owners who are unsure how to obtain a copy of the deed or transfer document can inquire with their mortgage bank or the Land Registry, or they can use the Land Registry's Integrated Registration Information System (IRIS) online service.
First, conduct a search for the property to obtain the memorial number. Then, on the website, select "Order Land Document" and enter the memorial number. Choose whether to order the full document, a memorial form, or a plan. For the CAS application, only the memorial form is needed, which costs HK$10.
After reviewing the submitted information, the Housing Authority will send the CAS to the applicant by registered mail within 14 working days. The CAS does not have an expiration date unless a transfer of ownership has been processed, in which case a new application is required.
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