Jersey Housing Qualifications (11.5.0.)
Sunday, 08 April 2007
LOCAL INFORMATION
11.5.0 The Housing Regulations – Housing qualifications
Extent: Jersey Updated 18 January 2011 – The Housing Law
1. Anybody wishing to buy or lease property is legally required to have the consent of the Minister for Housing who may attach conditions to the consent. The Regulations of the Housing Law detail who may obtain consent, and under what conditions. Applications for consent to purchase or lease property should be sent to The Population Office, PO Box 843, Jubilee Wharf, 24 Esplanade, St Helier JE4 0UT. For general advice and information tel 448905 or e-mail: population@gov.je
People who may obtain consent to lease or buy Jerseyborn – Regulation 1(1)(a)
2. Jerseyborn people who have lived an aggregate of ten years in Jersey may rent at age sixteen, and buy from the age of eighteen. No restriction on type of property. Qualifications can never be lost eg after time spent outside the Island.
Non-Jerseyborn 10 years residence – Regulation 1(1)(f)
3. People who have lived continuously in the Island for 10 years up to the date of application will be granted qualifications. Such qualifications will be lost if they leave the Island other than for the five year break’ rule, see para 23. Short breaks in residency within this time may be allowed, contact the Population Office for more detailed information.
People who have previously been granted consent to buy (including spouses) – Regulation 1(1)(d)
4. This regulation covers anyone who has received consent to purchase the home in which they live (purchase must have been freehold property, NOT share transfer property), possibly as spouse of a qualified person (when purchase was prior to 11 October 1995) and wishes to buy an alternative property.
- This regulation excludes those given consent under 1(1)(j), (k), (g) or (n) i and ii. See paras 13 and 14
Such qualifications will be lost if they leave the Island other than for the five year break’ rule, see para 23
People who have rented with consent for ten years (usually under 1(1)(j) – Regulation 1(1)(e)
5. People who have rented continuously for ten years with the consent of the Minister for Housing under any regulation, (including 1(1)(j)) may apply to buy or lease property.
Such qualifications will be lost if they leave the Island other than for the five year break’ rule, see para 23 Children of qualified people – Regulation 1(1)(h)
6. Children of parents who would not lose qualifications by leaving the island ie Jersey-born
This regulation covers children who arrive in the island before their twentieth birthday, and whose parent(s) are Jerseyborn (or would not lose their qualifications by leaving the island). After an aggregate of ten years residence they may apply to lease or buy. In this situation the qualifications cannot be lost by leaving the island.
NOTE. The Age of Majority’ has not been changed in the Housing Law in these regulations.
7. Parents who would lose qualifications by leaving the island
This regulation is designed to cover the children of people granted qualifications who arrive in the Island before their
twentieth birthdays. After an aggregate of ten years residence in the Island they may apply to lease or buy.
http://www.cab.org.je Powered by Joomla! Generated: 16 February, 2011, 12:57
Jersey Citizens Advice Bureau
Such qualifications will be lost if they leave the Island other than for the five year break’ rule, see para 23. However, if the parents are still resident in the Island, children can come and go at will without losing qualifications.
8. As this regulation was changed under the October 1995 amendments, there are still people in the Island who arrived after their twentieth birthday and who would have been able to obtain qualifications under the previous regulation. They may still do so as long as they were resident in the Island on 12 October 1995. Essentially employed – Regulation 1(1)(j)
9. This regulation allows the Minister for Housing to grant consent to enable an employee to purchase a property, or lease accommodation, and to remain in occupation in that accommodation so long as he/she continues to hold a position to which a “j” category licence has been granted.
A “j” consent will only be granted where it can be demonstrated that a person is essentially employed and consent can, in the best interests of the community, be justified.
10. Once a “j” employee has completed ten years continuous residence s/he gains residential qualifications in her/his own right under Regulation 1(1)(e) – see para 5
Consents for economic or social reasons – Regulation 1(1)(k) (consent to buy only)
11. The wording of this regulation refers to “consent that can be justified on social or economic grounds or both and as being in the best interests of the community”. Normally this implies a major contribution to tax revenues and other social benefits that would be derived by the Island should consent be granted. The types of property classified for occupation under this regulation are invariably very substantial expensive houses or luxury flats. Each application is viewed individually on it’s merits. Any client seeking to apply for consent under this regulation should be referred to Jersey legal advisers, accountants or bankers whose references would be necessary. Applicants would need to have assets of £12m and a taxable income of £750,000 to be considered.
12. – Spouses of those granted consent to buy under this regulation do not gain residential qualifications in their own right
through joint purchase, or after ten years residence with their spouse. They would need to have been continuously resident for 10 years, and apply under Regulation 1(1)(f)
If the 1(1)(k) resident’ leaves the Island s/he loses her/his housing status. Spouses of qualified people – Regulation 1(1)(n)…. Joint names
13. This regulation enables a non-qualified person to join her/his spouse in the purchase or contract lease (9 years or more) of a specific property. It does not give the spouse qualifications in her/his own right.
In the event that the marriage should subsequently break down, whilst the couple are still married, ownership of the property can be transferred into the sole name of the non-residentailly qualified spouse under Regulation 1 (1) (n) (i). Whilst he or she will be able to continue in occupation of said property, they would obviously not be residentially qualified to lease or purchase alternative property in the island unless able to qualify under the Regulations.
If the couple divorced when ownership of the property was still in joint names, it would not be possible to transfer ownership as outlined above. It is similarly not possible for a joint purchase to be effected where the couple are not married.
Where a property is purchased through a company by an approved essential (J) employee, occupation can only be by the approved essential employee for the duration of the his or her full time employment, in the agreed role, with the agreed employer and for the stipulated period. In the event that the marriage dissolves, it is not possible for ownership to be transferred into the non-residentially qualified spouse’s name as is possible for persons qualified under Regulations 1 (1) (a) – (h). and the non-qualified spouse would have to vacate the property unless the Housing Minister approves an extension of the licence to occupy.
NOTE This does not apply to unmarried couples, they cannot buy or lease Housing controlled property jointly.
14. As part of the October 1995 amendments, a spouse who lives in the Island with a housing qualified partner for ten years will qualify to rent or purchase in her/his own right at the end of that time. Also see para 19 re co-habitation prior to marriage.
- The exception to this rule is spouses of people qualifying under Regulation 1(1)(k), see para 12
Such qualifications will be lost if they leave the Island other than for the five year break’ rule, see para 23 Consents in
http://www.cab.org.je Powered by Joomla! Generated: 16 February, 2011, 12:57
Jersey Citizens Advice Bureau
unusual circumstances – Regulations 1(1)(b), 1(1)(c), 1(1)(l), 1(1)(m)
15. These regulations cover the rare situations of:- 1(1)(b) – Persons living in property bought or leased since before 1949
1(1)(c) – Persons in property, bought or leased, whose transaction was exempt from housing law – most usually having been acquired from the Crown.
16. 1(1)(l) Consent granted to Charitable Associations, Trusts, Public Utilities etc. Such consent could set local occupancy conditions.
1(1)(m) Consent granted to Religious bodies, where local occupancy conditions may be attached.
17. There is no para 17
The Forces Policy
18. The amendments to the Housing Law of October 1995 allow a local resident and his family serving out of the Island with HM Armed Forces to have this time considered as though it was spent in Jersey.
Applications on grounds of hardship – Regulation 1(1)(g)
19. An applicant may appeal to the Minister for Housing for consent to rent or buy a specific property under this regulation where s/he would not qualify under any other regulation, and where s/he can demonstrate a degree of hardship (other than financial hardship) due to not being able to purchase or lease property. Following the Court of Appeal judgement in the case Glazebrook -v- the Housing Committee 27/10/2000 applicants who seek an ‘in principle’ decision will have no right of appeal to the Royal Court however they will have a right of appeal to the States of Jersey Complaints Board (see 7.1.21.L6)
The Minister has discretion to permit consent in circumstances which may include: – an unqualified spouse of a qualified person left alone, with or without children, by the desertion or death of the partner – following separation or divorce an unqualified spouse, who has a Residence Order for the child/ren of the marriage,
who has been married for a minimum of 5 years and who has accrued 10 years or more continuous residency – following separation, from a qualified person, an unqualified person who has been in a ‘common law’ relationship, who
has a Residence Order for the Jersey born child/ren of the relationship and who has accrued more than 10 years continuous residence
- an unqualified person with a long period of residence who becomes ill or handicapped
- a non-Jerseyborn person who had lost qualifications through leaving the Island, because of job requirements, family responsibility, emigration etc and who now wishes to re-establish residence in Jersey.
20. Each application is considered on it’s merits and if qualifications are granted, such qualifications will be lost if they leave the Island other than for the five year break’ rule, see para 23 Consent to purchase a business with accommodation
21. Any transaction including property with residential accommodation comes under the Housing Law Regulations, and as such the Minister for Housing can put conditions on the occupancy of the accommodation. It would therefore not necessarily be possible for the purchaser of, for example, a hotel, guesthouse, restaurant or offices who did not have qualifications to occupy the accommodation. It would depend entirely on any conditions attached as to whether it could be occupied by an unqualified person.
Purchase by a company – Regulation 2
22. A company does not have an automatic right to purchase residential property, and normally the purchase of a single residential unit (ie a house) would not be allowed.
The exceptions might be: – Purchase by a 1(1)(k) resident – Purchase by a company for occupation by an employee under 1(1)(j) – Purchase for development for flats, or to build houses to be sold by the company
The five year break’ rule – Regulation 2a
23. This regulation, introduced in March 2001, allows people who have gained qualifications under Regulations 1(1)( b),
http://www.cab.org.je Powered by Joomla! Generated: 16 February, 2011, 12:57
Jersey Citizens Advice Bureau
(c), (d), (e), (f) and certain categories of Regulations 1(1)(h) and (n) to leave the Island for a single period of up to five years without losing their qualifications.
Inherited property
24. If a non-qualified person inherits property in Jersey, can they live in it
Inherited property is not covered in the Housing Law, Article 6 therefore the restrictions are not the same as for other property. A person inheriting property may live in it even if they have no housing qualifications.
25. Can a non-qualified person leave the island and return later to take up residence in the property
It is possible to take up residence at any time, or to take up residence, leave the Island for any period of time then return at a later date. See also para 29
26. Can a non-qualified person inheriting property sell it and buy another property
If a non-qualified person takes up residence in the property and lives in it for a sufficient period of time to prove that his domicile is now Jersey, then Minister for Housing may look favourably on applications to trade-up in property. It is not usually possible to sell and buy a smaller property. In order to be able to purchase other property in Jersey the normal continuous residency rules will apply, currently 10 years.
27. Who can live in the property?
A property inherited after 10th March 2006 can only be occupied by the person who inherited the property or a person who is eligible under current Regulations i.e. A – J categories.
28. A property inherited before 10th March 2006 can be occupied by the person who inherited the property or any person who is granted a licence by the inheritor.
29. A “sitting licensee”, who occupied the property before 10th March 2006, can continue to occupy the property should the property be inherited by someone else.
30. If the property is left to more than one person
If the property is left to more than one person, it is not possible for a non-qualified beneficiary to buy out another beneficiary then live in the property. Once the property is sold, it is then subject to normal housing regulations.
Company owned property pre-1949
31. There was a loophole in the Law which allowed people without residential qualifications to purchase and occupy a property, owned by a company formed before 1949.
32. In November 1998 the States approved in principle a change to the Housing (Jersey) Law 1949, which would close this loophole, so that in future occupancy of any new or additional residential units constructed on land owned by pre- 1949 companies will be limited to those persons qualifying under the Housing Regulations. A proposition to amend Article 4AB of the Housing (Jersey) Law 1949, as amended, was approved by the States of Jersey on 28th May 2002, backdated to 28 July 1998. The amendment does not however apply to units of dwelling that:
- Were built before 28th July 1998 – Were being lawfully built on 28th July 1998 or – Have been, or are being lawfully built in accordance with planning permission granted before 28th July 1998. The amendment to the law came into force on 13 December 2002.