Alienation Restriction
Home Ownership Scheme (HOS) / Tenants Purchase Scheme (TPS) / Green Form Subsidised Home Ownership Scheme (GSH)/ Private Sector Participation Scheme (PSPS) / Buy or Rent Option / Mortgage Subsidy Scheme / Melody Garden in the Middle Income Housing Scheme flats are subsidised public housing and the buying, selling, letting and mortgage of these flats are subject to alienation restrictions.
Flats sold under HOS / Private Sector Participation Scheme (PSPS) / Buy or Rent Option / Mortgage Subsidy Scheme and Melody Garden in the Middle Income Housing Scheme since the launch of HOS Phase 3B in May 1982 are subject to alienation restrictions as stipulated in the terms, covenants and conditions contained in the Schedule to the Housing Ordinance (Cap. 283) and its subsequent amendments or the terms of the Deed of Assignment and the terms, covenants and conditions contained in the Government lease. Owners must pay a premium to the Housing Authority (HA) for removal of the alienation restrictions before they can let, sell or alienate the flats in the open market.
Alienation restriction period is counted from the date of the first Deed of Assignment of the flat from the HA / developer for PSPS flats to an owner (the first assignment). For returned flats bought back from individual purchasers and resold by the HA, the basis for identifying the date of the first assignment shall remain the same and should not be interpreted as the date of the resale assignment executed by the current owner. For PSPS flats purchased from the developer by the HA and resold to individual purchasers, the date of the first assignment refers to the date when the HA first assigns such flats to the purchasers.
Under the current Schedule to the Housing Ordinance, alienation restrictions are imposed on flats sold under TPS since its first phase launched in 1998.
According to the current Schedule to the Housing Ordinance, the alienation restriction period of TPS flats, including resale flats sold by the HA, is five years from the date when the HA first assigns a flat to a purchaser. The alienation restriction period is not counted from the date when an individual estate was first launched for sale.
Flats sold under GSH are subject to alienation restrictions. The details like the alienation restriction period are stipulated either (a) in the terms, covenants and conditions contained in the Schedule to the Housing Ordinance (Cap. 283) and its subsequent amendments or (b) the terms of the Deed of Assignment and the terms, covenants and conditions contained in the Government lease. Owners must pay a premium to the HA after the alienation restriction period for removal of the alienation restrictions before they can let, sell or alienate the flats in the open market.
Alienation restriction period is counted from the date of first assignment which refers to the date of the first Deed of Assignment of a flat from the HA to an owner.