Hong Kong Hotel/Guesthouse License Application Guide

Hong Kong Hotel/Guesthouse License Application Guide

(Property use · Deed of Mutual Covenant review · Fire compliance · Efficient licensing)

Hong Kong Hotel/Motel License is based onHong Kong Hotels and Hotels Ordinance (Chapter 349),The Office of the Licensing Authority under the Hong Kong Home Affairs and Youth Affairs Bureau, Business license reviewed and issued by OLA,After approval, you can operate a hotel in Hong Kong in accordance with the law.、hostel、Homestay、Serviced accommodation and short-term rental accommodation business。The applicant organization must comply with the purpose of the property、fire safety、Building structure、Ventilation facilities、Regulatory requirements such as escape arrangements and ongoing compliance,It is an important access qualification for legally conducting accommodation business.。

Hong Kong Huitong provides full-process application consulting services for Hong Kong hotel/hotel licenses,Includes property compliance assessment、Business structure planning、Application document preparation、Floor plan review、Fire protection and building requirements coordination、Communication and follow-up with government departments and follow-up compliance consultation, etc.,Assist customers to complete the approval process efficiently,Steadyly obtained the qualification to operate accommodation business in Hong Kong。

 

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1. license plate definition

According to the Hotel and Hotel Industry Ordinance (Chapter 349),Rental period available as shown somewhereStay less than 28 consecutive daysto any person visiting the premises who is willing to pay for the accommodation,The premises is a hotel or guesthouse。

The following premises are subject to control:

  • hotel
  • Hotel (generally)
  • Hotel (holiday camp)
  • Hotel (holiday home)

The government regulatory authorities are:BD (Buildings Department)FSD (Fire Services Department)、OLA (Office of Licensing)

Hong Kong Huitong Tips:Many mainland and overseas investors do not understand Hong Kong’s Building Ordinance and fire protection regulations.,I signed a death contract only to find out that the bunk can't play cards at all.。our mission,Just before you sign the lease,Eliminate deadly landmines for you。

香港宾馆和酒店
Hong Kong Guesthouses and Hotels

2. Which license is suitable for you to apply for? The difference between a hotel and a hotel license:

1、 License application conditions 1 minute self-test table

Assessment project your actual situation (Please check) Hong Kong Huitong Pro Tips
1. What type of property does your property belong to? □ Residential buildings
□ Comprehensive use / commercial building
□ New Territories rural village house
□ Industrial Building (industrial building)
⚠️ If you select "Industrial Building":No way!

Strict regulations of the Buildings Department and Fire Services Department,It is absolutely prohibited to convert industrial buildings into hotels/hotels,Please avoid pitfalls and stop losses immediately。

2. What is the approximate salable area of ​​the premises? Approximately ________ square feet (sq.ft) The size of the area directly determines the upper limit of room division.、Fire escape design and configuration standards for fire protection systems (such as automatic sprinkler systems)。
3. Building Deed of Mutual Covenant (DMC) Does it state "purely residential"? □ Yes (commercial/hotel use expressly prohibited)
□ No (no relevant restrictions)
□ Not sure (requires professional consultant to check on your behalf)
core red line:2020After the amendment,If the deed of mutual covenant has relevant restrictions,The licensing supervisor has the right to directly refuse to issue a license。Always check before signing a lease!

 

2、 Hotel license categories and pitfall avoidance guidelines

Type of license to be applied for Applicable property types core compliance conditions (The key to being able to deal cards) Hong Kong Huitong Pro Tips
hotel license Premises approved by the Building Authority for "hotel use" A parking pick-up and drop-off area must be provided、Central air conditioning、Central hot water system and accessible rooms。 The highest threshold,Usually involves whole-building renovation or new construction。It takes a long time in the early stage to submit plans for approval with the Buildings Department (BD)。
Hotel (generally) license residential building,or the “residential portion” of a mixed-use building 1. Building Deed of Mutual Covenant (DMC) Absolutely no "residential only" or "no commercial/hotel" restrictions。

2. A 24-hour dedicated reception counter must be set up (or an approved alternative)。

market most common。The biggest landmines are the "building deed of mutual covenant" and "residents' objections"。Before signing the lease,Be sure to ask professional consultants to search the records,Otherwise, if you rent a shop, you will never get a license.。
Hotel (holiday home) license New Territories rural village house The hotel use must have been accepted and certified by the Lands Department and the relevant District Lands Office。 The biggest landmine is "unauthorized construction (illegal construction)"。It is very easy for village houses to have glass rooftops、Expansion of balcony, etc.,Must be completely dismantled or certified legal before the license can be released。
Hotel (holiday camp) license Residential or mixed-use buildings within campsites Comply with land plans for specific campsites、Building structure and fire protection standards。 Projects belonging to specific locations,Before applying, you need to clarify whether there are any operating restrictions in the land lease terms.。
🚫 Dealing of cards is absolutely prohibited
(Red Line Achilles' heel)
industrial building (industrial building)、basement、Premises with unauthorized structures Zero tolerance legislation,Never deal。 Never rent an industrial building as a B&B!Suspected of violating the Buildings Ordinance and Fire Services Act,Operating without a license is a serious criminal offense,If caught, the shop will be immediately sealed and prosecuted.。
⚠️ General hardware requirements
(Applies to all license plates)
all legal premises 1. The clear height of guest rooms and passages shall not be less than 2.5 rice。
2. The room must have real windows (black rooms without windows cannot be used as guest rooms)。
3. There must be at least two qualified fire escape stairs (single stairs are extremely difficult to approve)。
Even if the property type is right,If the stairs are too narrow、The ceiling is too low or the room has no windows,Also unable to play cards。It is recommended that we do an on-site "planning and fire feasibility assessment" before signing a lease.。

3、The difference between Hong Kong hotel VS hotel license

香港旅館 VS 酒店牌照的区别:
The difference between Hong Kong hotel VS hotel license:

 

3. Four major difficulties in applying for a hotel/hotel license in Hong Kong

🏛️

Building structure and spatial layout

The premises must be located in a non-industrial building,The clear height of guest rooms and passages is not less than 2.5 meters,Each guest room must have a window that opens directly to the open air and the area is not less than 1/10 of the floor area of ​​the room.。wall、Ceilings and fire doors must have a fire resistance rating (FRR) of not less than 1 hour。

🔥

fire safety system

Automatic sprinkler system must be installed、Manual fire alarm system and independent fire detector。Provide at least twoClear escape routes,The clear width of the passage is not less than 1.05 meters,Also equipped with emergency lighting and exit signs in Chinese and English。Cooking over open flames is strictly prohibited。

📜

Building Contract Compliance

Deed of Mutual Covenant (DMC) of the BuildingNo prohibited hotels、Commercial or residential use violations。2020After the year revision,The supervisor has the right to directly refuse to issue a license due to restrictions in the deed of mutual covenant,Reasonable objections from residents may also be the basis for refusing to issue or imposing conditions.。

🛡️

Fit and proper review and national security compliance

Applicants must apply through the Police andOfficial Receiver's Officebackground check,No relevant criminal conviction record,Not an undischarged bankrupt。Must ensure that activities on licensed premises never involve crimes endangering national security,Violation results in loss of license。

4. Application process for hotel/guesthouse license application in Hong Kong

Stage 1:Submission of application and preliminary review

Submit form HAD to the Licensing Office 133、Proof of identity、land search、Copy of the deed of mutual covenant of the building and 1:100floor plan。Licensing Office、Buildings Department and Fire Services Department conduct joint on-site inspection。

Stage 2:Issue notice of licensing conditions

After inspection,The Authority issues a Letter of Requirements,List the structural improvements to be completed、Fire protection modification project and required completion certificate (such as FS251 certificate)。

Stage 3:Compliance project and final verification

Recruiting authorized persons (AP) and registered contractors for construction,Submit completion report upon completion,Each department conducts final inspection (Final Inspection)。

Stage 4:Payment and license issuance

After passing the re-inspection and there are no legal obstacles,Pay legal fees。New licenses are usually valid for 12 to 36 months,Must apply for renewal 3 to 6 months before expiration。

5. List of information required for Hong Kong hotel/guesthouse license application

Completed application form HAD 133

Applicant’s identity document (copy of Hong Kong Identity Card or non-permanent resident travel document)

Land register of the premises (search) and copy of the deed of mutual covenant of the building

Scaled floor plan (Scale 1:100),Clear display of intervals、Exit and counter locations

Legal opinion issued by a practicing lawyer (certifying that the deed of mutual covenant has no restrictive provisions)

Copy of third-party public liability insurance policy (compensation amount not less than HK$10 million per accident)

Declaration of fitness and fitness (no relevant criminal convictions and bankruptcies)

Written approval/consent from the Building Authority (if the original use is not for domestic use)

6. License application fee

Number of rooms 12months 24months 36months 48months 60months 72months 84months
1-3 4,570 5,720 6,580 11,100 13,350 14,900 17,050
4-5 4,760 5,970 7,370 11,800 14,250 16,800 18,450
6-9 6,900 8,840 10,800 16,250 19,450 21,550 23,500
10-20 12,600 14,600 16,600 22,250 25,450 27,450 30,550
21-30 19,650 21,850 24,050 29,800 33,200 35,000 38,250
31-40 26,050 28,400 30,750 36,650 40,150 41,800 45,150
41-100 33,850+ 36,300+ 38,700+ 42,800+ 46,250+ 49,650+ 53,150+

* The above table is taken from the official data of the Hong Kong Licensing Office,over 40 Large hotel charges for rooms and above,please consult us。The amount is in Hong Kong dollars。

References:Licensing Office – Hotel license application fee

7. Legal consequences of illegal operation in Hong Kong hotel/hotel license application

Operating without a license is a criminal offence,Maximum fine of HK$500,000 and imprisonment for 2 years,and may be fined HK$20,000 for each day the offense continues.。

Conviction records are registered in the Land Registry (deeds),Seriously affecting the future transfer and mortgage of the property。

Violation of the deed of mutual covenant of the building,Owners Corporation may apply for an injunction from the High Court,Compulsory business suspension and recovery of civil compensation。

Changing the separation of premises without prior approval,Maximum fine of HK$100,000 and imprisonment for 2 years,and must be forced to restore。

Concealing a criminal record or making a false statement,It is a crime,and will lose the qualification to hold a license。

8. Hotel/hotel license validity period

License validity period Application conditions
12months Basic new license plate,No additional special requirements。
>12to 36 months The applicant must have been managing the premises or other licensed guesthouses as a licensee within 12 months before application,and has not violated any licensing conditions or received a warning letter during this period。
>36to 84 months Premises must be purpose-built for hotel/guesthouse use (Building Authority occupation permit or alteration approval obtained)。The licensee is required to submit a building and fire safety certificate signed by an authorized person (AP) every year。

9. Hong Kong Hotel/Motel License Application FAQ

1. I rent out my residence on a short-term basis in Hong Kong through Airbnb or private channels,Do I need to apply for a license?+

Must apply。according to"Hotel Industry Ordinance",Any place that provides accommodation to visitors,and the rental period is less than 28 consecutive days and a fee will be charged,It falls within the scope of hotel regulation。Only those that comply with the Hotel Industry(exemption)Specific institutional accommodations stipulated in the Order are exempted,Ordinary residential short-term rentals are not exempted。

2. If the lease says "30 days" but you only live for one week,Is it illegal?+

Extremely criminal risk。The court adheres to the principle of "substance over form",Law enforcement officers will base their charges on、Disposable items、Comprehensive evidence collection on advertisements and household statements,Simply forging a long lease cannot avoid prosecution。

3. What is the difference between a hotel license and a hotel license?+

Both are issued by the Hotel Industry Authority under the same Ordinance,Essentially the same。The main difference is the size of the building and the hardware:Hotels are usually independent buildings with complete facilities.;Most hotels are located in specific units of multi-storey complex buildings.,Specific compliance paths exist for fire protection and structural standards。

4. Can I rent an industrial building and convert it into a youth hostel?+

Absolutely prohibited。Buildings Department andLicensing Officeclear instructions,Hotel premises cannot be located in industrial buildings,Due to the potential fire and toxic gas risks in the industrial building, it completely conflicts with the extremely high fire protection requirements of the hotel.。

5. If the deed of mutual covenant of the building states that it is "for residential use only", does it mean that it cannot open a hotel?+

Yes,2020After the amendment of the regulations,If the deed of mutual covenant contains restrictions or prohibitions on the use of a hotel、Commercial or violation of purely residential use provisions,Supervision has statutory power to refuse licenses。Even if the approval is due to administrative oversight,The owners' corporation may also apply for an injunction to compel the closure of business。

6. The deed of mutual covenant does not mention the hotel,Do residents or corporations still have the right to object?+

have the right。New regulations introduce public consultation mechanism,If nearby residents or corporations raise reasonable and well-founded objections (such as serious disturbance of the peace)、safety hazard),Supervision may impose stringent conditions or refuse to issue licenses。

7. What are the rigid requirements for room height and windows when applying for a license?+

The clear height of guest rooms and passages shall not be less than 2.5 meters;Each room must have a window opening directly to the open air,The window area shall not be less than 1/10 of the floor area of ​​the room。Windowless "dark rooms" or lofts of insufficient height must never be counted as legal guest rooms。

8. What is "1 hour fire resistance aging (FRR)"? Do walls and doors have to be redone?+

All separated rooms、Walls of passages and adjoining parts shall be constructed of non-combustible materials,Has a fire resistance of not less than 1 hour。Guest room doors must be fire doors and equipped with automatic closing devices,Depends on the original material to decide whether to redo it。

9. Is it necessary to install a large automatic sprinkler system if there are only 4 rooms?+

Yes,Exceptionally small cases with very few ground floors directly leading to street exits may be exempted.。according toFire Services Department's "Minimum Code of Fire Services Installations and Equipment",Hotels in multi-story buildings are required to install automatic sprinkler systems。

10. Can a trial operation be conducted during the approval period?+

Absolutely prohibited。Opening business on any day before the official license is issued,All are criminal and unlicensed operations.。Once discovered,Not only fines and imprisonment,Applications under review will be terminated indefinitely or rejected outright.。

11. Do applicants have to be Hong Kong permanent residents? Can a limited company be licensed?+

Applicants do not need to be permanent residents,However, non-Hong Kong residents must hold a valid visa that can legally operate a business。Can apply in the name of a limited company,However, a natural person must be designated as the authorized representative to assume on-site management responsibilities,Company directors may also be held criminally liable。

12. Is the license valid permanently after it is issued? What are the requirements for renewal?+

New licenses are usually only valid for 12 to 36 months,Renewal application must be submitted 3 to 6 months before expiry。During renewal, the Licensing Office will jointly conduct on-site inspections with the Fire Services Department.,There are illegal modifications、Those with blocked fire exits or serious complaints from residents,The Superintendent may refuse to renew or shorten the term。

13. What is the maximum penalty for operating without a license? Will the owner go to jail?+

Direct operators may be fined up to HK$500,000 and imprisoned for 2 years.,and may be fined HK$20,000 for each day the offense continues.。If the property owner or tenant knowingly or reasonably ought to have known that he allowed the premises to be used as an unlicensed hotel,Same crime,face the same punishment,and the property will be deeded。

14. What are the legal remedies for being unreasonably refused a license?+

A notice of appeal can be submitted to the "Hotel Industry Appeal Board Panel" within 28 days after receiving the rejection notice。This is a statutory hearing procedure,Hong Kong Huitong Lawyers can attend on your behalf,Defend supervisory decisions on legal and factual grounds。

15. Which accommodation businesses must apply for a license?+

According to the Hotel Industry Ordinance,Any fee-based accommodation with a lease term of less than consecutive 28 sky,All are required to apply for a "hotel license"。If the unit is equipped with 12 or more beds for rent,You must apply for a "bedspace apartment license"。Only if all leases are strictly limited to 28 days or more and no early refund is allowed,can be exempted。

16. What are the “red lines” for property location selection?+

It is absolutely prohibited to convert industrial buildings (industrial buildings) and basements into hotels。 also,Before applying, you must check whether the building’s Deed of Mutual Covenant (DMC) contains clauses that “prohibit commercial use” or “restrict to purely residential use”.。If these restrictions are breached,Even if the decoration is completed,The Licensing Office also has the right to directly refuse to issue a license。

17. What is the approval period and validity period for a license application?+

The application period is usually 54 working days to 3 months (depending on fire、Plan approval and property status)。The new license is generally valid for 12-36 months;If the property is built for hotel purposes (approved by the Buildings Department),Validity period can be as long as 84 months,However, compliance certificates from Authorized Persons (AP) must be submitted annually。

18. What are the qualification requirements for applicants (fit and proper)?+

Licensee must be a "fit and proper person":No serious criminal convictions (especially for dishonesty)、Violation of fire or hotel regulations)、Not an undischarged bankrupt。The company licensee must designate a natural person to assume legal and management responsibilities。

If fraud is involved、Dishonesty or serious breach of the Hotel Industry OrdinanceFire Services Ordinanceconviction record,Very likely to be deemed unsuitable and rejected。

19. Is the license transferable? What are the business regulations?+

You can apply for transfer within the validity period of the license,However, both parties need to fill in the form and it will be reviewed and approved by the Licensing Office。During operation,Licensees must ensure continued compliance with fire and building standards,and submit annual completion certificates on time。Any illegal modification、Blocking a fire escape or failing to submit a certificate,may result in the license being revoked or refused to be renewed。

20. What is the difference between applying by yourself and seeking help from a Hong Kong Huitong consultant?+

Self-application is often due to lack of experience,As a result, the plans were not approved、Non-compliance of fire protection engineering or mis-rented property,Causing double losses of time and money。Hong Kong Huitong:Provide one-stop compliance solutions,Covering everything from property site selection to assessment、Fire engineering coordination to license submission and subsequent compliance management,Assist customers to obtain licenses steadily。

10. Related government website information

1、General Guidelines for Application for Hotel License and Guesthouse License-Home Affairs Department-Licensing Office

2、Licensed hotel / Hotel search-Licensing Office

3、Hotel and Hotel Industry Ordinance-License Application Form-GovHK Hong Kong Government One-Stop Portal

4、License renewal application form-Licensing Office

5、rural areas,Hotel License Application Guidelines-Environment and Ecology Bureau

 

 

11. Hong Kong hotel industry information

12. Hong Kong Hotel License-Sample

香港旅館牌照
Hong Kong hotel license
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