The new Control of Housing and Work (Jersey) Law 201–
looks set to come into effect by the end of this summer. As with
the existing Housing law, it will continue to control occupation
and ownership of property in Jersey. It remains to be seen how the
law will work in practice, but it does seem as if it will make
administration simpler while also giving greater rights to current
"J" cats and non-qualifieds.
The cumbersome and lengthy categorisation of Housing
qualifications will be replaced by four categories of residential
status as follows:
Entitled – this effectively covers
the current "A-H" and "K" qualifications.
Entitled status can be obtained after 10 years' continuous
ordinary residence. The current law entitles a person with such
continuous ordinary residence to be absent from the Island on one
occasion for a period of no more than five years without losing
their qualifications. An improvement to the new law is that you can
leave the Island for an aggregate period not exceeding five years
without losing Entitled status. Further, if you collate 20
years' continuous ordinary residence, this will give permanent
Entitled status i.e. you will be treated as if you were Jersey
born, and which status cannot be lost however long you are absent
from the Island.
Licensed – this is effectively the
new word for those people holding "J" cat
"essentially employed" status. The application process
will be the same as under the current law and the Housing Minster
can issue a licence which is time limited or restricted to rental
only. A Licensed person will only be able to acquire one property.
Whereas the current law only allows a "J" cat to purchase
through a company, which is both costly and administratively
unwieldy, the new law will allow a Licensed person to purchase in
their own name subject to undertakings to sell the property should
they lose their licensed status/vacate the property.
Entitled for Work – this is acquired
after five years' continuous residence. It also applies to the
spouse of a person with Entitled, Licensed or Entitled for Work
Registered – this applies to all
Jersey residents who do not qualify under the above three
A person's categorisation will be recorded on a registration
card which will be issued to him/her. A current Jersey resident
will need to apply for a registration card if they are purchasing
or leasing property, as will all newcomers to the Island who are
ordinarily resident for more than three months. The registration
card will hold your name and social security number, the card issue
date, expiry date (if needed) and your residential status. Some
people will therefore never need a registration card - for
instance, those who do not work or do not move out of their current
Categorisation of accommodation
All units of residential accommodation will be recorded on an
online register, which will be publically available and maintained
by the Housing Minister. There will be two types of
Qualified Housing – all existing
properties that are currently controlled by the Housing law will
remain qualified and any new residential properties will also be
qualified. They can therefore be purchased/occupied by people
falling within the Entitled or Licensed categories. A person who
inherits a property after the law comes into effect will still be
able to occupy it.
Registered Housing – all existing
unqualified properties, such as lodging houses will become
registered. Anyone can live in these and they are able to lease any
self-contained units, thereby giving them tenancy rights unlike
under the current law. This in turn will mean that a landlord will
have to comply with the new Residential Tenancy (Jersey) Law 2012,
which is also due to come into force this year.
Control of occupation
The way the new law will work in practice is that a prospective
purchaser or tenant of property will have to show to their lawyer
or their landlord a valid and appropriate registration card and
further evidence that any conditions of their status (as set out on
the card) are fulfilled at that time. Certain registration cards
will need validation by the Population Office e.g. non permanent
Entitled persons will need to prove that they have remained in
Jersey since their card was last validated. Companies will need the
consent of the Housing Minister to buy or rent, save that no
consent will be required when a company leases non-residential
property for more than nine years.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The process for obtaining planning permission for development of property in the Cayman Islands has been updated as a result of the latest revision of the Development and Planning Law and accompanying regulations (July 2015).
In principle, when the parties agree to arbitrate, they shall be
bound by that agreement. It should therefore follow that when a
party initiates arbitration proceedings, the other party - the
respondent – will avail itself of the opportunity to present
its case and participate in the proceedings.
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