- The Deed of Mutual Covenant (DMC) is the primary legal document governing rights and obligations between owners in a multi-unit building.
- Obtain a certified or plain copy from the Hong Kong Land Registry via the IRIS (Integrated Registration Information System) online or in person.
- Building Management Offices (BMO) are legally required under Cap. 344 Building Management Ordinance to provide copies for inspection or reproduction for a reasonable fee.
- Property agents and solicitors typically facilitate this during the Conveyancing process to verify “Pet Clauses,” voting rights, and management fee allocations.
The Legal Significance of the Deed of Mutual Covenant
In Hong Kong’s high-density real estate market, the Deed of Mutual Covenant (DMC) serves as the “constitution” for a building. It is a binding agreement signed by the first owner and the developer, defining the Undivided Shares and Management Shares of each unit. Understanding these shares is critical as they dictate your voting power in owners’ meetings and your share of the building’s monthly management expenses.
- Undivided Shares
- A legal concept representing the owner’s fraction of the entire lot, essential for determining ownership rights and redevelopment proceeds.
- Management Shares
- A metric used specifically to calculate the proportion of the building’s total maintenance and operational costs allocated to a specific unit.
Primary Methods for Obtaining a Copy
Whether you are a current owner, a tenant, or a prospective buyer, there are three authoritative ways to secure a copy of the DMC.
| Source | Method | Format | Estimated Cost (HKD) |
|---|---|---|---|
| Land Registry (IRIS) | Online search via Memorial Number | PDF (Digital) or Hard Copy | ~$100 – $300 (per document) |
| Management Office | On-site request per Cap. 344 | Photocopy | Reasonable per-page fee |
| Solicitors / Agents | Professional search service | Varies | Included in transaction fees |
1. The Land Registry IRIS System
This is the most authoritative source. By conducting a Land Search on the IRIS portal, you can identify the Memorial Number of the DMC. Once found, you can order a certified or plain copy. Certified copies are essential for legal disputes or bank mortgage applications.
2. Building Management Office (BMO)
Under the Building Management Ordinance (Cap. 344), the management company or Owners’ Corporation must keep a copy of the DMC at the management office. Owners and tenants have a statutory right to inspect the document free of charge during normal office hours. If a copy is required, the BMO can charge a fee that covers the actual cost of reproduction.
Critical Clauses to Verify Before Purchase
When reviewing the DMC, pay close attention to the following sections which often lead to disputes:
- Pet Restrictions: Does the DMC explicitly prohibit or allow dogs and cats?
- Exclusive Possession: Are certain areas (like rooftops or podiums) designated for specific owners?
- Management Fee Allocation: How is the management fee calculated (e.g., by Management Shares)?
- Common Parts: Clear definitions of shared facilities like hallways, elevators, and gardens.
Frequently Asked Questions (FAQ)
How much does it cost to get a DMC copy from the Land Registry?
The cost usually ranges from HKD 100 to HKD 300, depending on the page count of the document. A Land Search fee of HKD 15-25 is also required to find the Memorial Number first.
Can a tenant request a copy from the Management Office?
Yes. According to Section 34D of the Building Management Ordinance, a person who is an owner or occupier (tenant) is entitled to inspect the DMC and obtain a copy upon payment of a reasonable fee.
What if the DMC is only available in English?
In many older Hong Kong buildings (pre-1990s), the official DMC is only registered in English. For legal purposes, the English version remains the binding authority. If needed, a certified translation may be commissioned at the owner’s expense.