Practice area
Property Lawyers in Hong Kong.
Find a property lawyer in Hong Kong for conveyancing, title checks, stamp duty and tenancy disputes. Compare firms and see when you need a solicitor's help.
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Key facts
- Does the provisional agreement count?
- Yes. The Inland Revenue Department treats a provisional agreement for sale and purchase as a chargeable agreement, and the 30-day stamping period usually runs from it. Ask a solicitor to read it before you sign.
- Is there still Buyer's Stamp Duty?
- No. Special Stamp Duty and Buyer's Stamp Duty do not apply to residential property agreements signed on or after 28 February 2024. Ad valorem stamp duty still applies to every purchase.
- Do tenancy agreements need stamping?
- Yes, within 30 days of signing. An unstamped tenancy agreement cannot be received in evidence in civil proceedings, so it matters most when a dispute starts.
- Does the land register guarantee ownership?
- No. Hong Kong uses deeds registration, which records the priority of documents but gives no guarantee of title. A solicitor checks the title deeds behind the register entry.
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Find the right firm for your case in Hong Kong.
Describe your situation once. Justenda staff can share your inquiry with suitable firms after you confirm your email. No account needed.
What a property lawyer in Hong Kong does
A property lawyer in Hong Kong is almost always a solicitor, and most of the work is conveyancing: taking a sale from the first signed agreement to a registered change of ownership. A typical residential purchase runs through four stages.
The provisional agreement. Most deals start with a provisional agreement for sale and purchase, usually prepared by the estate agent and signed with an initial deposit. The Inland Revenue Department treats it as a chargeable agreement for sale, so the stamp duty clock can start here.
The formal agreement. The solicitors for both sides then prepare the formal agreement for sale and purchase. It fixes the completion date, the further deposit, and the consequences if either side fails to complete.
Title checks. Hong Kong still runs a deeds registration system under the Land Registration Ordinance (Cap. 128). The Land Registry records the priority of registered documents but gives no guarantee of title, so a person shown as owner on the register may still have a defective title. The buyer's solicitor searches the land register for mortgages, court orders and other incumbrances, then reviews the title deeds the seller must produce under the Conveyancing and Property Ordinance (Cap. 219).
Completion and registration. On completion the price is paid, any existing mortgage is redeemed, and the assignment is signed and lodged at the Land Registry. Registration matters: under the Land Registry's deeds registration rules, unregistered documents lose priority against a later buyer or lender who registers first.
When you need a property lawyer, and when you don't
For a purchase or a sale, you will almost certainly use one. In practice a Hong Kong conveyance runs solicitor to solicitor, and a mortgage lender has legal representation of its own.
The best moment to bring a solicitor in is before the provisional agreement is signed. The Land Registry itself advises an up-to-date land search before any dealing, and a solicitor can run that search and read the agreement's deposit and completion terms while you can still negotiate them.
For an ordinary residential tenancy, many landlords and tenants manage without a lawyer: either party can stamp the agreement online, and the Inland Revenue Department suggests tenants check the owner's details at the Land Registry first. A lawyer earns the fee on commercial leases, long leases, leases involving key money, and anything that has already turned into a dispute.
The Lands Tribunal hears landlords' claims for possession under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), together with rent arrears and damages for breach of the tenancy, and it also decides building management disputes. Money claims of HK$75,000 or less, such as damage to property, go to the Small Claims Tribunal, where no legal representation is allowed. A lawyer can still advise before you file, but those legal costs are not recoverable there even if you win.
Stamp duty on property and tenancy agreements
Stamp duty is collected by the Stamp Office of the Inland Revenue Department under the Stamp Duty Ordinance (Cap. 117). On a purchase it is usually a far bigger number than the legal fee.
On a purchase. Ad valorem stamp duty is charged on the price or the value of the property, whichever is higher. For residential property it starts at HK$100 on a price of HK$4 million or less and climbs in bands to 4.25% of the price, with a higher top band reaching 6.5% for homes above HK$100 million from 26 February 2026. Non-residential property has its own scale from the same date. The current stamp duty rates on GovHK set out every band.
The extra duties are gone. Special Stamp Duty and Buyer's Stamp Duty no longer apply to residential property bought under agreements signed on or after 28 February 2024, and the higher rate once charged on a second home now matches the standard scale.
Timing. An agreement for the sale of residential property has to be stamped within 30 days of the earliest agreement for the same transaction, which is usually the provisional agreement. Solicitors normally handle this as part of the conveyance.
On a tenancy. Leases are stamped too, at 0.25% of the total rent for a term of up to one year, 0.5% of the yearly rent for a term of one to three years, and 1% of the yearly rent above three years. Deposits are ignored. The agreement must be stamped within 30 days of signing, and landlord and tenant decide between themselves who pays. An unstamped tenancy agreement cannot be received in evidence in civil proceedings, which matters the moment a tenancy goes wrong.
Exemptions and the exact figure depend on the transaction, so a solicitor or the Stamp Office confirms the amount.
How to choose between firms
Who runs your file? Ask whether a solicitor or a conveyancing clerk handles the day-to-day steps, and who you call when a deadline moves.
What language will you get? Ask which language the documents and the advice will be in, and whether you get a written summary of the formal agreement before you sign it.
Transaction or dispute? High-volume conveyancing and Lands Tribunal work are different skills. For a dispute, ask how often the firm appears in the tribunal your matter would go to.
What it costs, in context
Firms listed on Justenda set their own fees. A standard residential purchase or sale is usually quoted as a fixed fee plus disbursements, which cover searches, registration and other charges paid on your behalf. Tenancy disputes and litigation are usually billed by the hour. Ask what the quote covers, what happens if the deal falls through, and whether stamp duty is paid through the firm.
When the property comes from a deceased relative, a wills and probate lawyer deals with the grant first, and a shared home in a separation is a question for family lawyers in Hong Kong. For other legal needs, browse all lawyers in Hong Kong.
This page is general information, not legal advice. For a specific property matter, speak with a qualified solicitor: the firms below list their languages, locations, and areas of focus.
Common questions
Frequently asked questions
- Do I need a lawyer to buy property in Hong Kong?
- In practice, yes. A Hong Kong purchase runs through a formal agreement, title checks, a land search, completion and registration at the Land Registry, and solicitors normally act for both sides. Hong Kong's deeds registration system does not guarantee title, so the buyer's solicitor checks the chain of title deeds rather than relying on the register alone. The most useful point to instruct one is before the provisional agreement is signed, while the deposit and completion terms can still be negotiated.
- How much is stamp duty on a second property in Hong Kong?
- The same as on a first one. Since 28 February 2024, the higher ad valorem rate that used to apply to additional residential properties has been aligned with the standard scale, and Special Stamp Duty and Buyer's Stamp Duty are no longer charged on residential property. The amount depends on the price or value, starting at HK$100 for a price of HK$4 million or less and rising in bands to 4.25%, with a 6.5% top band for homes above HK$100 million from 26 February 2026. A solicitor or the Stamp Office confirms the figure for a specific purchase.
- How is stamp duty on a tenancy agreement calculated in Hong Kong?
- It depends on the length of the lease. A lease of up to one year is charged 0.25% of the total rent, a lease of one to three years 0.5% of the yearly rent, and a lease of more than three years 1% of the yearly rent. Deposits are not counted. The agreement must be stamped within 30 days of signing, and the landlord and tenant can agree between themselves who pays.
- Where do landlord and tenant disputes go in Hong Kong?
- It depends on the claim. The Lands Tribunal hears landlords' applications for possession under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), and can also order payment of rent and damages for breach of the tenancy. Money claims of HK$75,000 or less, such as damage to property, go to the Small Claims Tribunal, which does not allow legal representation at hearings. A lawyer can explain which forum fits a particular dispute before anything is filed.
- What does a conveyancing solicitor check before completion?
- The main checks are ownership and incumbrances. The solicitor searches the land register for the registered owner and anything registered against the property, such as mortgages and court orders, and reviews the title deeds the seller must produce under the Conveyancing and Property Ordinance (Cap. 219). They also make sure the assignment is lodged for registration, because unregistered documents lose priority against a later buyer or lender who registers first.
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