Open Market Housing Register (Guernsey) (Amendment) Law, 2025

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The Open Market Housing Register (Guernsey) (Amendment) Law, 2025

THE STATES, in pursuance of their Resolutions of the 5^th March, 2025[a] have approved the following provisions which, subject to the Sanction of His Most Excellent Majesty in Council, shall have force of law in the Island of Guernsey.

Amendment of the Open Market Housing Register Law.

1. (1) The Open Market Housing Register (Guernsey) Law, 2016[b] ("the Law") is amended as follows.

(2) In section 3 –

(a) for the heading, substitute "New inscriptions: Parts B, C and D of the Register.", and

(b) in subsection (1), after "inscribe in" insert "Part B, C or D of".

(3) After section 3, insert –

"New inscriptions in Part A.

3A. (1) Subject to the provisions of this section, the Committee may, on application being made to it in a form prescribed by the Committee by regulations and on payment being made of any fees so prescribed, grant a certificate to be known, for the purposes of this section and section 3B, as an "Inscription In Principle" in respect of properties falling into the categories set out in subsection (2).

(2) The categories referred to in subsection (1) are –

(a) prospective new build properties, and

(b) exceptional circumstance properties.

(3) An Inscription In Principle may prescribe conditions required to be satisfied before the property in respect of which it has been granted may be inscribed in Part A.

(4) Subject to subsection (5), a prospective new build property in respect of which an Inscription In Principle has been granted under subsection (1) shall be inscribed in Part A if, within six years of the date of the granting of the Inscription In Principle -

(a) the construction of the property is completed,

(b) any conditions prescribed in the Inscription In Principle have, in the opinion of the Committee, been satisfied, and

(5) A prospective new build property in respect of which an Inscription In Principle has been granted under subsection (1) shall be inscribed in Part A where the construction of the property is completed after six years of the date of the granting of the Inscription In Principle if (and only if) –

(a) the Committee is satisfied that, in all the circumstances, it would be inequitable not to so inscribe the property, and

(b) any fees prescribed by the Committee by regulation in respect of such inscription have been paid.

(6) An exceptional circumstance property in respect of which an Inscription In Principle has been granted under subsection (1) shall be inscribed in Part A if the fee prescribed for this purpose has been paid, and any conditions prescribed in the Inscription In Principle relating to the property have, in the opinion of the Committee, been satisfied; and different fees may be prescribed for different categories of exceptional circumstance property specified in the regulations.

(7) For the avoidance of doubt, a change in ownership of a property in respect of which an Inscription In Principle has been granted under subsection (1) before the property is inscribed in Part A shall not affect the grant of that Inscription In Principle in respect of that property.

(8) Regulations made under this section may –

(a) require separate fees to be paid on -

(i) the submission of an application under this section,

(ii) the granting of an Inscription In Principle under subsection (1), and

(iii) the inscription of the relevant property,

(b) prescribe a fee to be paid on the submission of an application under this section in a sum not exceeding £1,000,

(c) prescribe fees in respect of the granting of an Inscription In Principle under subsection (1) and the inscription of the property that are, in aggregate, in a sum not exceeding £750,000,

(d) prescribe a maximum number of applications for an Inscription In Principle to be granted under subsection (1) which the Committee may grant in any period specified in the regulations,

(e) prescribe a maximum number of applications for an Inscription In Principle to be granted under subsection (1) which an applicant may make in any period specified in the regulations, and

(f) specify circumstances in which the Committee may grant, or an applicant may make, a greater number of applications than the maximum numbers specified in regulations made under paragraph (d) or (e) (as the case may be), or provide that such circumstances shall be specified in guidance published by the Committee.

(9) In this section, "exceptional circumstance properties" means properties which, in the opinion of the Committee, meet criteria prescribed by the Committee by regulations for this purpose, and "exceptional circumstance property" shall be construed accordingly.

(10) In this section and section 3B, "prospective new build properties" means dwellings in respect of which (at the time the application for an Inscription In Principle is made) –

(a) planning permission within the meaning of the Land Planning and Development (General Provisions) Ordinance, 2007 has been granted, but

(b) construction has not been completed,

and "prospective new build property" shall be construed accordingly.

(11) For the purposes of this section and section 3B, construction of a dwelling is completed when the Development & Planning Authority has given a completion certificate in relation to the building work in accordance with the Building (Guernsey) Regulations, 2012; and related expressions shall be construed accordingly.

New inscriptions in Part A – transfer of existing inscriptions to development properties.

3B. (1) In circumstances where a person owns –

(a) (subject to subsection (2)) one or more properties inscribed in Part A (in this section each such property being referred to as an "existing Part A property"), and

(b) land in respect of which planning permission within the meaning of the Land Planning and Development (Guernsey) Law, 2005 has been granted for the construction of two or more prospective new build properties,

the Committee may, on application being made to it by or on behalf of the owner in a form prescribed by the Committee by regulations and on payment being made of any fees so prescribed, grant an Inscription In Principle in respect of one or more of the prospective new build properties under this section.

(2) A property forming part of the Fort George estate is not an existing Part A property for the purposes of this section.

(3) Subsection (1) also applies where more than one person owns both –

(a) the property or properties referred to in subsection (1)(a), and

(b) the land referred to in subsection (1)(b),

and in such a case the application referred to in subsection (1) shall be made by or on behalf of each such owner, and, for the avoidance of doubt, the Committee shall provide accordingly in the form prescribed by it by regulations under subsection (1).

(a) the construction of the property and all other properties on the land referred to in paragraph (b) of subsection (1) is completed, and

(b) any fees prescribed by the Committee by regulation in respect of such inscription have been paid.

(5) A prospective new build property in respect of which an Inscription In Principle has been granted under subsection (1) shall be inscribed in Part A where the construction of the property or any other property on the land referred to in paragraph (b) of subsection (1) is completed after six years of the date of the granting of the Inscription In Principle if (and only if) –

(a) the Committee is satisfied that, in all the circumstances, it would be inequitable not to so inscribe the property, and

(b) any fees prescribed by the Committee by regulation in respect of such inscription have been paid.

(6) On the inscription of a property in Part A under subsection (5), the inscription of an existing Part A property owned by the applicant and identified for this purpose in the application shall be deleted from the Register; and for the avoidance of doubt, the inscription of each property in Part A under this section requires the deletion of an existing Part A property owned by the applicant.

(7) The total number of properties on the land referred to in subsection (1)(b) that may be inscribed under this section is whichever is the lower of –

(a) eight, and

(b) the whole number nearest to one third of the total number of dwellings to be constructed on the land referred to in subsection (1)(b).

(8) For the purposes of this section and for the avoidance of doubt –

(a) a person owns land where the person holds an estate of inheritance in the land, and

(b) where land is held in joint ownership or ownership in common, each person who holds an estate of inheritance in the land pursuant to that joint ownership or ownership in common owns the land.

(9) The form prescribed by the Committee under subsection (1) shall require the applicant to state whether any existing Part A property to which the application relates is subject to a usufruit , droit d'habitation or similar right; and where the applicant has stated on that form that any such property is so subject, the Committee may not delete the inscription of the property unless it receives the consent in writing to the deletion of the person who enjoys that right.

(10) Regulations made under this section may –

(a) require separate fees to be paid on –

(i) the submission of an application under this section,

(ii) the granting of an Inscription In Principle, and

(iii) the inscription of the relevant property,

(b) prescribe a fee to be paid on the submission of an application in a sum up to, but not exceeding, £1,000,

(c) prescribe fees in respect of the granting of an Inscription In Principle under subsection (1) and the inscription of the relevant property that are, in aggregate, in a sum not exceeding £25,000, and

(d) amend subsection (8) for the purposes of making different or additional provision in respect of the meaning of the ownership of land for the purposes of this section.

New inscriptions in Part A - downsizing.

3C. (1) In circumstances where a person owns two dwellings, one of which is inscribed in Part A and the other of which is not inscribed in the Part A or in any other Part of the Register, the Committee may, on application being made to it by or on behalf of the person in a form prescribed by the Committee by regulations, on payment being made of any fees so prescribed, and on the conditions in subsections (3) to (5) being met –

(a) inscribe in Part A the property that is not so inscribed, and

(b) delete from the Register the inscription of the property that is so inscribed.

(2) Subsection (1) also applies where more than one person owns the two dwellings referred to, if the same persons (and only those persons) own both dwellings; and in such a case the application referred to in subsection (1) shall be made by or on behalf of each owner, and, for the avoidance of doubt, the Committee shall provide accordingly in the form prescribed by it by regulations under subsection (1).

(3) The dwelling to be inscribed must, in the determination of the Committee –

(a) be in a habitable condition, and

(b) have a total internal floor area at least 25% smaller than that of the dwelling to be deleted from the Register.

(4) The person or persons who own the dwellings (and if not an individual or individuals, the beneficial owner or owners of that person or those persons) must, at the time of making the application –

(a) be living in the property the inscription of which is to be deleted,

(b) have been ordinarily resident in Guernsey for at least twenty years, and

(5) The property the inscription of which is to be deleted must not form part of the Fort George estate.

(6) The form prescribed by the Committee under subsection (1) shall require the applicant to state whether any property inscribed in Part A property to which the application relates is subject to a usufruit , droit d'habitation or similar right; and where that form states any such property is so subject, the Committee may not delete the inscription of the property unless it receives the consent in writing to the deletion of the person who enjoys that right.

(7) Regulations made under this section may –

(a) require separate fees to be paid on –

(i) the submission of an application under this section, and

(ii) the inscription of the relevant property,

(b) prescribe a fee to be paid on the submission of an application in a sum up to, but not exceeding, £1,000,

(d) amend the reference to "twenty years" in subsection (4)(b) to a reference to any other period not exceeding twenty years.

(8) The Committee may publish guidance on the meaning of "total internal floor area" for the purposes of subsection (3)(b).

(9) The States may by Ordinance amend subsection (1) to provide for its application in circumstances other than where the two properties referred to therein are owned by the same person.".

(4) Renumber the existing text at section 7 as subsection (1), and after subsection (1) insert –

"(2) The Committee may not delete the inscription of a dwelling that forms part of the Fort George estate under subsection (1).".

(5) At the end of the cross heading immediately before section 12, insert "within the Register".

(6) In section 21 (issue of declarations of registration), in subsection (1) for "section 20" substitute "section 19(1)".

(7) After section 22 (additional premises to dwellings), insert –

"Committee power to amend minor anomalies in the inscription of dwellings in Part A.

22A. Where within the curtilage of a dwelling inscribed in Part A there is a room or other part of the dwelling that is not so inscribed, the Committee may, upon application being made to it in such form as it may prescribe by regulations, and on payment of such a fee, not exceeding £1,000, as the Committee may prescribe by regulations, include the room or part within the inscription in the Register relating to the dwelling.".

(8) After section 31 (delegation of functions), insert –

"Fees regulations.

31A. For the avoidance of doubt, regulations under this Law prescribing fees may provide that some or all of such prescribed fees shall be non-refundable.".

(9) In subsection (1) of section 37 (interpretation), in the appropriate alphabetical order insert –

""beneficial owner" has the meaning given in the Beneficial Ownership (Definition) Regulations, 2017,",

""exceptional circumstance properties": see section 3A,",

""the Fort George estate" means the land transferred by the Conveyance made between the States of Guernsey and Fort George Developments Limited registered on 29^th September, 1961,",

""Inscription In Principle": see section 3A,",

""ordinarily resident" has the meaning given in the Population Management (Guernsey) Law, 2016,",

""prospective new build properties": see section 3A,".

(10) After subsection (1) of section 37, insert –

"(1A) The Committee may amend the definition in subsection (1) of "the Fort George estate" by regulations.".

Transitional provision: existing applications for inscription of properties in Part A.

2. On commencement of this Law, any application made under section 3(1) of the Law for the inscription of a property in Part A that has been received by the Committee but not determined shall be returned to the applicant by the Committee, together with any fee paid, and the Committee shall in writing invite the applicant to make whatever application the applicant thinks appropriate under the Law (including, for the avoidance of doubt, under the Law as amended by this Law).

Citation.

3. This Law may be cited as the Open Market Housing Register (Guernsey) (Amendment) Law, 2025.

Commencement.

4. This Law shall come into force on the day appointed for this purpose by Ordinance of the States; and different dates may be appointed for different provisions and for different purposes.

[a] Article VIII of Billet d'État No. VI of 2025.

[b] Order in Council No. VII of 2016.