Owning Guernsey Property

All Registered Dwellings

The owner of any Registered dwelling who wishes to alter the dwelling in any way, whether structurally or by change of use, is required by Law to inform the Department in writing of the nature and extent of any such alterations at least seven days before such alterations are effected.The Department will need to see any relevant plans to clarify the proposals.

This is in the interests of the owner as it is possible that the works proposed are such that the Open Market status of the dwelling could be jeopardised. It could mean that the following applies.

One of the most far-reaching provisions of the Law is that if a dwelling is inscribed in Part A of the Open Market Register and is used or made usable as more than one dwelling, the Department then has to delete the entry relating to that dwelling from the Register. This applies whether this has been brought about by alteration or by use.Another important provision is that if any Registered dwelling is combined, whether by alteration or use, with a "Local Market" dwelling so as to be used or made usable as a single dwelling then the single dwelling is no longer eligible to be Open Market.

Any person who acquires the ownership of a Registered dwelling is required by Law to inform the Department in writing of that fact and the date of it within twenty-eight days of the purchase or acquisition. This information is usually provided by the purchaser's lawyer.

Hotels/Guests Houses - Part B

There are slightly different provisions made in the Law regards those Registered dwellings which are inscribed in Part B of the Register, because they are being used as Hotels or Guest Houses under a permit issued by the Commerce and Employment Department.
Many Hotels and Guest Houses are not eligible for inscription in Part A of the Register if they cease to be used as accommodation for tourists.

Under the Law, only qualified residents, the owner, principal tenant, manager and their immediate families and full time staff of the Hotel and tourists are able to occupy without a licence. All other occupants require licences which are subject to the Department's policies.

The Department considers all applications for licences on their merits, in the light of circumstances and policy prevailing at the time of application.

Residential and Nursing Homes - Part C

An "Open Market" dwelling which is registered as a nursing or residential home by the Health and Social Services Department under the Nursing Homes and Residential Homes (Guernsey) Law, 1976 is inscribed in Part C of the Register.

With general exception of its owners, principal tenant, manager and their immediate families and full time staff, persons who are not qualified residents require housing licences to occupy any dwelling on Part C of the Register.

Lodging Houses Part D

Any "Open Market" dwelling in which at least one room is being occupied by a person (other that the owner or principal tenant) who is, for example, a lodger or sub-tenant, may be deemed by the Department to be a lodging house, and transferred to Part D of the Register.

With the general exception of its owners, persons who are not qualified residents require housing licences to occupy any dwelling on Part D of the Register.
The Department considers all applications for licences on their merits, in the light of circumstances and policy prevailing at the time of application.
Owners of Registered dwellings are advised to make themselves aware of the provisions of the Law as it affects their dwelling. If in doubt owners should consult their legal advisers.

These notes are not to be taken as an authoritative statement of all the provisions which apply to Registered dwellings. Further information can be obtained from Housing Control, Tel 01481 715790. Fax 01481 716457.

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