Proposed Building Management Ordinance amendments: what stakeholders may need to assess before 11 September

Hong Kong is consulting on possible changes to the rules governing owners’ corporations, with proposals covering major maintenance decisions, proxy instruments, conflicts of interest, the Authority’s powers and meeting procedures. The consultation closes on 11 September 2026.

Consultation focuses on higher-stakes building decisions

The Home Affairs Department, together with the Home and Youth Affairs Bureau, opened a public consultation on 12 August 2026 on proposed amendments to the Building Management Ordinance (Cap. 344). The consultation is scheduled to close on 11 September 2026.

The proposals may be relevant to owners’ corporations, individual owners, property management companies, works consultants and contractors. They concern how important building-management decisions are made and documented, particularly where substantial expenditure, proxy voting or possible conflicts of interest are involved.

The consultation covers five major directions: decisions on large-scale maintenance procurement and high-value procurement; the proxy-instrument system; declarations of interests; the powers of the Authority; and meeting procedures.

These measures remain proposals under consultation. They have not been passed by the Legislative Council, gazetted or brought into effect.

Proposed attendance and in-person voting thresholds for major works

One significant proposal is a tiered framework for decisions on large-scale maintenance procurement. The proposed requirements would increase according to the average procurement value apportioned to each flat.

At the HK$30,000 tier, the proposed quorum would be 10%, with an in-person voting threshold of 5% of owners or 100 owners, whichever is lower. At HK$80,000, the proposed quorum would rise to 15%, while the in-person voting threshold would be 8% or 150 owners, whichever is lower. At HK$120,000, the proposed quorum would be 20%, with an in-person voting threshold of 10% or 200 owners, whichever is lower.

The consultation also proposes requiring a briefing session at least seven days before an owners’ meeting at which a resolution on large-scale maintenance procurement will be considered.

For stakeholders, the practical questions may include whether current owner-engagement arrangements could achieve the proposed attendance levels, how information would be presented before a vote, and whether project timetables allow enough time for a meaningful briefing session.

Possible limits and earlier deadlines for proxy instruments

The consultation proposes limits on the number of proxy instruments that one person may hold. For a building with no more than 50 units, a person would be permitted to hold one proxy. For a building with more than 50 units, the proposed limit would be 2% of the total number of units or 20 proxies, whichever is lower.

Proxy instruments would also have to be submitted to the secretary of the management committee at least 96 hours before the meeting, instead of the current 48-hour deadline. A list identifying the units for which proxy instruments had been lodged would be displayed at least 48 hours before the meeting, and the relevant documents would be made available for inspection by owners.

Owners’ corporations and property managers may therefore wish to assess how proxy forms are distributed, received, recorded, checked and stored. They may also consider whether owners currently receive meeting information early enough to meet a longer submission deadline. These are operational considerations only; the detailed legal requirements will depend on any legislation eventually enacted.

Broader conflict-of-interest declarations

Another proposed direction is to expand and strengthen the declaration-of-interests framework. The consultation addresses declarations involving works consultants, contractors and other specified participants, with declared information to be disclosed to all owners.

The proposals also contemplate expressly stating that a false declaration constitutes a criminal offence and setting out the relevant penalties, subject to the wording and passage of future legislation.

Organisations involved in building projects may wish to examine whether their existing registers and procurement records clearly identify personal, financial or business connections. They may also assess who receives declarations, how updates are recorded and how information could be disclosed to owners while observing applicable privacy and record-management obligations.

Authority powers and meeting procedures

The consultation further proposes strengthening the powers of the Authority and clarifying aspects of meeting procedure.

Examples under consideration include requiring support from 10% of owners, rather than 5%, to convene another meeting on substantially the same matter within six months. For matters meeting a proposed definition of an emergency, the notice period could be reduced to at least two hours for a management committee meeting concerning Type 1 high-value procurement, or at least six hours for an owners’ meeting concerning Type 2 high-value procurement or large-scale maintenance procurement.

These possible changes raise governance questions beyond meeting administration. Owners’ corporations may need to consider how repeated motions are identified, how emergency circumstances are documented, who verifies the applicable procurement category and how owners or committee members can receive adequate information within an accelerated timetable.

What stakeholders may assess before the deadline

Before the consultation closes, affected stakeholders may wish to review the official consultation document and assess:

• whether the proposed quorum and in-person voting thresholds are workable for buildings of different sizes and ownership patterns; • whether seven days is sufficient for the proposed pre-meeting briefing session and what information should be provided; • how the proposed proxy limits and 96-hour submission deadline would affect owner participation; • what systems may be needed to collect, verify, disclose and retain declarations of interests; • how emergency meetings and repeated motions should be controlled without unnecessarily delaying genuine building-management needs; and • whether additional guidance or transitional arrangements would be needed if legislation is later introduced and enacted.

Comments should be based on the actual consultation questions and the circumstances of the relevant building or organisation. Stakeholders should not change existing procedures on the assumption that the proposals are already law.

How to submit views

The public consultation closes on 11 September 2026. According to the Home Affairs Department, views may be submitted by email to bm_consultation@had.gov.hk or by post to Division V, Home Affairs Department, 31/F, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong.

Readers should consult the official page and consultation paper for the full proposals, consultation questions and submission information.

Official sources

Home Affairs Department consultation page: https://www.had.gov.hk/en/whats_new/consultation_papers_bmo.htm

English consultation document: https://www.had.gov.hk/file_manager/en/documents/consultation_papers_bmo.pdf

Traditional Chinese consultation document: https://www.had.gov.hk/file_manager/tc/documents/consultation_papers_bmo.pdf

This article is provided for general information only and does not constitute legal, building-management, procurement or other professional advice. The proposals remain under public consultation and may be revised, omitted or supplemented. Stakeholders should review the official consultation documents and obtain appropriate professional advice for their particular circumstances. Existing legal requirements continue to apply unless and until any amendment is enacted and brought into effect.