Licensing Regime
No. The Property Management Services Ordinance (Cap. 626) defines “property” as “building” under the Building Management Ordinance (Cap. 344) (BMO). Given that “building” as defined under the BMO does not include a property without a DMC, the company is not required to hold a licence.
The PMSA has stipulated in the 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. The PMSA will issue guidelines setting out examples of incidental services and/or the circumstances under which PMSs may be regarded as incidental services.
A property management company (PMC) may provide different property management services to different properties, and if a 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 to assume a managerial or supervisory role in all the property management services provided by the PMC to a property, the PMP will be deemed to have an “overall” managerial or supervisory role and is required to hold a PMP licence. Other PMPs (i.e. those who do not assume an overall managerial or supervisory role, and who may include “front-line staff”, such as security guards in the management office, cleaning attendants in estates etc.) are not required to hold PMP licences.
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 a specified course within the validity period of the provisional licence, the PMP may apply for a formal licence without meeting the academic qualifications and/or professional qualifications criteria.
“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. More information about work experience may be found here.
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).
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).
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).
The PMSA 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. Details may be found here.
In considering whether a qualification is acceptable, the PMSA will consider all relevant factors, including the qualifications obtained through the “Recognition of Prior Learning” mechanism under the Hong Kong Qualifications Framework. Under that mechanism, qualifications that can be considered acceptable by the PMSA 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”).
A list of bachelor or higher degrees, associate degrees or diplomas in a subject or discipline specified by the PMSA is published in the PMSA’s website, and these academic qualifications are of a subject or discipline relating to property management.
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)
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.
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.
The licensing regime came into operation on 1 August 2020, and practitioners and companies can 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 during which practitioners and companies will not be required to be licensed.
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, 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, is a flat for the purposes of the 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.
Example 2
It is stated in a DMC that the building has “Multi-storey Car Park Accommodation having 184 undivided shares”, then these car parking spaces are regarded as one flat for the purposes of the PMSO.