Opening a Gym or Yoga Studio in Hong Kong: Licences, Location and Fire Safety

Short answer: Hong Kong has no specific licence for gyms or yoga studios. But the location (planning, government lease, deed of mutual covenant), floor loading, fire safety, and extra services such as massage or drinks are still regulated by different laws. A gym run as a members-only club may also need a certificate of compliance.

Run as a club: you may need a certificate of compliance

Under the Clubs (Safety of Premises) Ordinance (Cap. 376), a "club" is a body formed to provide social or recreational facilities for its members (whether or not for profit) with a club-house used only by members and their guests. Anyone operating a club-house must apply to the Office of the Licensing Authority for a certificate of compliance, usually valid for one year and renewed every year. Operating a club-house without a certificate of compliance or an exemption certificate can lead to a HK$200,000 fine and two years' imprisonment.

An ordinary commercial gym open to the public may not fit this definition. But if you plan to run it as a club, for example members and their guests only, check first whether your operating model needs a certificate.

Location: check planning, lease and deed of mutual covenant

• Commercial buildings: generally the most suitable, but still check the government lease and the deed of mutual covenant for restrictions.
• Industrial buildings: a gym attracts members of the public. The government has said it is basically against public visitor flow in industrial buildings, and the Lands Department enforces on a risk basis. Opening in an industrial building generally needs planning permission from the Town Planning Board, depending on the Outline Zoning Plan, and a temporary waiver or lease modification from the Lands Department. The government has also said that where a buffer floor fully separates the lower floors from the remaining industrial uses, the lower floors (up to three storeys) may be converted to non-industrial uses, including sports.
• Residential flats: restricted by the government lease and the deed of mutual covenant, and generally not suitable for a gym open to customers.

Building safety: change of use and floor loading

• Change of use: under section 25 of the Buildings Ordinance, the BD must be given prior notice of a material change in the use of a building. The BD can prohibit a use the building is not constructed for.
• Floor loading: gym equipment, especially free-weight areas, treadmills and large machines, concentrates heavy loads. Before opening, have a registered structural engineer check the floor's design loading. Any strengthening is building works that an Authorized Person and registered structural engineer must submit to the BD.
• Noise and vibration: weight training often leads to complaints from the floor below and neighbours. Plan for a vibration-absorbing floor and check the deed of mutual covenant and the management company's rules.

Fire safety: partitions and installations must match

Gyms often add changing rooms, showers and personal training rooms. After adding rooms or partitions, sprinkler heads, smoke detectors, emergency lighting and exit signs must be adjusted to suit. The work must be done by a registered fire service installation contractor, who issues an FS 251 certificate. Escape routes and exits must not be blocked by equipment.

Extra services need their own approvals

• Massage or sports massage: regulated by the Massage Establishments Ordinance. A massage establishment licence from the Police is needed unless an exemption applies, for example massage only of the face, scalp, neck, shoulders, hands, arms or feet, or no full-body massage by a person of the opposite sex.
• Showers and sauna: in a 2015 reply to the Legislative Council, the government said fitness centres with saunas or bathing facilities do not need a commercial bathhouse licence if no separate fee is charged and bathing is not their main business.
• Selling drinks: selling only pre-packaged drinks generally needs no food licence. Making protein shakes or juices on site for sale may need a food business licence from the FEHD; see our restaurant licence guide.
• Swimming pool: a pool open to the public for a fee generally needs a swimming pool licence from the FEHD.

Common minor works in the fit-out

• Signboards: minor works items 3.17 (wall signboard 5 m² or less), 2.19, 3.16, in Chinese
• Air-conditioner supports on external walls: 3.27, 2.49
• Indoor supports for air-conditioners or exhaust fans over 150 kg: 1.51
• External drain pipes for showers: 3.23, 2.30
• Fire dampers in ventilation systems: 2.42

See our minor works service. Before signing a lease, you can also check the building for statutory orders with our Building Orders Search (in Chinese).

You can also use the Trade and Industry Department's Business Licence Information Service to look up government licences, permits and approvals relevant to your business.

Common questions