Property Information Form and Leasing Form
Checked against official sources: 11 Oct 2026. Rules, fees and dates change, so confirm anything time-sensitive on eaa.org.hk.
Form 1 (Property Information Form) and Form 2 (Leasing Information Form) are how the law makes an agent check a property before selling or letting it. Questions on them test what information is “prescribed”, where it must come from, who gets a copy and when. They also drive Part II cases, where a land search sits next to a half-completed form. This guide uses the current forms on the EAA website and the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (Cap. 511C), checked 11 Oct 2026.
The legal duty behind the forms
Under section 36(1)(a) of the Estate Agents Ordinance (Cap. 511), a licensed estate agent acting for a vendor or landlord of Hong Kong residential property must, for as long as it acts:
- have the prescribed information in its possession or control;
- be reasonably satisfied that it is accurate; and
- supply it to the people the forms specify.
Section 3 of the Practice Regulation adds the method: obtain the information from the prescribed sources as soon as practicable, complete Form 1 or Form 2 following its directions, and provide it as the form requires. Circular No. 13-02 (CR), effective 1 April 2013, says the agent must carry out a land search on the first day of the estate agency agreement’s validity period, unless it already holds the prescribed information and that information is still accurate.
If a client suffers loss because the agent fails in these duties, the client has a cause of action. The agent has a defence if it took all reasonable steps and exercised all due diligence. Relying reasonably on a prescribed source counts (EAA Study Guide, Part 2, paras 40–41).
Form 1 vs Form 2
| Form 1: Property Information Form | Form 2: Leasing Information Form | |
|---|---|---|
| Used for | Sale and purchase of HK residential property | Leasing of HK residential property |
| Completed by | Agent (Part 1); vendor or agent (Part 2, Vendor’s Statement) | Agent |
| Paired agreement | Form 3 (vendor) | Form 5 (landlord) |
| Land search | Copy must be attached | Owner and incumbrance details from the Land Registry |
| Owner’s copy | Before the Form 3 agreement or before the agreement for sale and purchase, at the vendor’s option | Before the Form 5 agreement or before the lease, at the landlord’s option |
| Other side’s copy | To the purchaser, unless they specifically waive it | To the tenant, unless they specifically waive it |
Form 1, Part 1: prescribed information (Part B)
| Item | Prescribed source |
|---|---|
| 1. Current owner and subsisting incumbrances: court orders, building orders, slope maintenance orders, lease, mortgage or charge, other registered incumbrances | A: Land Registry |
| 2. Floor area: saleable area from the Rating and Valuation Department, or saleable area in the agreement for the first assignment, or none available | B: RVD, or A: Land Registry |
| 3. Year of completion, from the occupation permit (or certificate of compliance or letter of no objection to occupy) | A, B or C |
| 4. User under the occupation permit | A or C |
| 5. Government lease: unexpired term and any right of renewal | A: Land Registry |
| 6. Term of any proposed Government lease | A: Land Registry |
Part C is optional: Government rent, quarterly rates, monthly management fee, whether an owners’ corporation exists, other floor area and its source, and whether the flat falls in a subsidised scheme such as the Home Ownership Scheme or Tenant Purchase Scheme, or is a New Territories village house.
Form 1, Part 2: the Vendor’s Statement
The Vendor’s Statement asks the vendor about:
- structural additions or alterations during, and before, the vendor’s ownership;
- reinstatement, rectification, repairs or improvements required by the Government, the management office or the owners’ corporation;
- works whose cost the purchaser will bear wholly or partly, such as slope maintenance;
- whether the sale is with vacant possession or subject to a tenancy, with rent, term and special terms such as a break clause.
The vendor can decline to complete it. The agent then ticks the declaration that it advised the vendor to provide the information and the vendor chose not to. Circular No. 13-02 (CR) tells agents to use their best efforts to get Part 2 completed.
The trap
Form 2: prescribed information (Part B)
| Item | Prescribed source |
|---|---|
| 1. Owner and subsisting incumbrances: possession orders; mortgage or charge | A: Land Registry |
| 2. Floor area: saleable area from the RVD, or in the first-assignment agreement, or none available | B or A |
| 3. Year of completion | A, B or E |
| 4. User under the occupation permit | A or E |
| 5. Restrictions on leasing under legislation or the Government lease | C: Housing Society or D: Housing Department |
Item 5 matters most for subsidised flats: a Home Ownership Scheme flat with unpaid premium can have letting restrictions under the Housing Ordinance (Cap. 283). Part C is optional: Government rent, rates, management fee, and whether the property is to be sublet and is already subject to a lease.
Filling in the forms correctly
- Answer every question in Part B. Write “N/A” if a question does not apply and “Not Available” if prescribed information cannot be obtained.
- State the date each item was obtained.
- Delete the inappropriate options where “*” appears and initial each deletion.
- Use a separate form for each property, and do not alter the prescribed form.
- Pass on any material change to everyone who received the form immediately.
Source: Form notes and Circular No. 13-02 (CR), paras (8)–(9).
Saleable area and land searches
Since 1 January 2013, when handling second-hand residential property, agents must give the saleable area (from the RVD or from the first-assignment agreement) before any other floor area figure, and say clearly that it is the saleable area. The same applies in adverts that quote floor area (Circular No. 12-02 (CR); EAA Study Guide, Part 8, para 80).
Separately, the vendor’s or landlord’s agent must carry out a land search immediately before the agreement for sale and purchase or lease is signed, and give a copy to the purchaser or tenant (Cap. 511C, section 13; Circular No. 13-03 (CR)). The Form 1 land search taken at listing does not satisfy this. See our land search guide.
Practice scenario (fictional)
Ms Ho asks Sunny Realty to let her Home Ownership Scheme flat in Sha Tin and signs Form 5 on 2 November. She asks for Form 2 “later, once a tenant is found”.
Is that allowed? Yes. The landlord can choose to receive Form 2 before the lease rather than before Form 5. But the agent must already hold the prescribed information from the start of the agency.
What must Form 2 item 5 show? Whether the Housing Department’s letting restrictions apply. If the premium is unpaid and the flat cannot be let without permission, the agent must say so, and recommend legal or professional advice.
The tenant says “I don’t need the form”. The agent still provides it unless the tenant specifically waives the right to receive it. Record the waiver in writing.
Takeaway
Related: Forms 3 to 6 and tenancy rules for agents. Sources: EAA prescribed forms, Circular No. 13-02 (CR) and Cap. 511C.
Frequently asked questions
What is a Property Information Form?
Form 1 under the Practice Regulation. The agent records prescribed information on a residential property for sale (owner, incumbrances, saleable area, age, user, Government lease), and the vendor may add a Vendor's Statement.
When must the vendor receive Form 1?
Before the estate agency agreement or before the agreement for sale and purchase, at the vendor's option. The purchaser receives a copy unless they specifically waive it.
Does the vendor have to complete the Vendor's Statement?
No. The vendor may decline. The agent must then confirm on the form that it advised the vendor to provide the information and the vendor chose not to.
What is the Leasing Information Form?
Form 2, the leasing equivalent of Form 1. It covers owner and incumbrances, saleable area, year of completion, user under the occupation permit, and any restrictions on leasing.
Study notes for this guide
Put it into practice
Exam-style questions for the EAA SQE and EAQE, with worked explanations and timed mocks in the real Part I and Part II format.
Build a daily practice habit : a few exam-style questions a day, with worked answers. Free to start.
Start practising →Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator. This guide is general information for exam preparation, not legal advice.