Housing Laws

Housing control

Due to the small size of the Island and the density of the population, there are strict controls on who may occupy dwellings on Guernsey.

Through the Housing Control Law, the Housing Department controls the occupation of the majority of dwellings on the Island. There is no control over the ownership of property in Guernsey.

There are two sectors of housing in Guernsey which are known as the "Local Market" Controlled dwellings and "Open Market" dwellings inscribed in the Housing Register.

The right to occupy all dwellings on Guernsey apart from those inscribed in Part A of the "Open Market" Housing Register is strictly controlled. The occupants either need to be qualified residents or in possession of a valid housing licence.

A controlled dwelling in Guernsey is:

i)   Any Local Market dwelling.
ii)  Any hotel, guesthouse or self-catering holiday unit.
iii) Any Lodging House.
iv) Any Residential Home.

 

With the general exception of its owners and their immediate family, persons who are not qualified residents require housing licences to occupy any dwelling on either Part B (hotels), Part C (Residential/Nursing homes) or Part D (lodging houses) of the Register. [There are some further exceptions relating to Part B Hotels which are detailed later in these notes.]

If you are not eligible lawfully to occupy a controlled dwelling but want to remain in the Island, your options are restricted to the following:

a) If you are employed on a full time basis and exclusively in an Open Market Hotel, which is on Part B of the Housing Register you could live in the Hotel, where you work, without a housing licence.
b) You could occupy a dwelling inscribed in Part A of the Housing Register i.e. a private Open Market dwelling e.g. as the tenant or owner.
If you look for accommodation in a private Open Market dwelling you must check that the dwelling is inscribed in Part A of the Housing Register. You may see advertisements for Grade A accommodation to let or the advertisement may use the words "Open Market". Such accommodation may not actually be Part A accommodation. Therefore, before you commit yourself to renting such accommodation you are advised to check the status of the accommodation with the Department's Housing Control Section. If you provide details of the circumstances of your proposed occupation of the dwelling, the staff will then confirm whether you need a housing licence.

 

Housing licences

The Housing (Control of Occupation) (Guernsey) Law, 1994, provides for two principal types of licences:

• Those which are employment related; and
• Those which are not employment related i.e. non-essential

There is a number of variations within each of these two main types.

Employment related licences

There are two main types of employment related licences:

• "Essential" licences and
• "Short Term" licences.

Essential licence

Essential licences recognise a shortage of skilled staff, whereas Short Term licences generally reflect a shortage of manpower i.e. whether unskilled or semi-skilled.
Essential licences can be for any period up to fifteen years but the majority are for a term of between three and five years.

Since the late 1980s, it has been the Housing Department's policy to limit the majority of essential licence holders to five years residence in support of the States of Guernsey's Population Objective, to limit the growth in population.

Essential licences generally enable the holders to occupy their own units of accommodation together, where appropriate, with their immediate family.
Before the grant of each licence the Housing Department will subject each application to a thorough test of "essentiality" and will need to be satisfied that there is no suitable local person available for the employment.
In considering applications for essential licences the Department will:

• Seek the advice, where appropriate, of an independent body e.g. the Commerce and Employment Department or the Guernsey Financial Services Commission;
• take account of the employer's training programme.

Where it has been convinced that the post is essential to the community, the Housing Department will issue a licence for up to five years unless it has been established that:

• the skills/expertise required for the post are scarce on a national/international basis so that the recruitment is exceptionally difficult; or
• the need for long-term continuity in the post is paramount;

In which case the Housing Department might grant a longer-term licence.

Short term

Short Term Licences are generally issued to workers in industries which have manpower shortages. They can be for periods up to nine months for temporary or seasonal work or up to three years for other employment.

These licences are issued for restricted accommodation only, that is, staff quarters, board and lodgings or living in an existing household. Short term licence holders are not permitted to occupy a unit of Local Market accommodation in their own right.
The short-term licence is for single or unaccompanied people only. They do not allow the licencee to accommodate other family members.

Generally, when the short-term licence expires the person has to leave the Island for a minimum period of three months before being eligible for another short-term licence. The Law states that a short term licence holder must be absent from the Island for three months before a nine month licence is granted and absent for three years before a three year licence is granted.

Click here for Guidance Notes for Employers

Non-essential licences - Not related to employment

Non-essential or "compassionate" licences are issued where the person has strong connections with the Island, particularly through an extended period of recent residence.
Situations where such licences may be issued include:

• the breakdown of a marriage to or cohabitating relationship with a qualified resident or essential licence holder, or
• a potential qualified resident close to having completed their qualifying period; or
• cases of genuine companionship e.g. common-law relationships where a qualified resident or essential licence holder is seeking to accommodate a partner in the Local Market.

How to Apply for a Housing Licence:
Applications should be submitted in writing to the following address:
Housing Department
Housing Control Section
Sir Charles Frossard House
PO Box 43
La Charroterie
GY1 1FH

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