Jersey: Control Of Housing And Work (Jersey) Law 2012

Last Updated: 4 June 2013
Article by Sharon Thérin and Colette Hunt

The long awaited Control of Housing and Work (Jersey) Law 2012 (the "new law") is due to come into force on 1 July 2013 replacing the Housing (Jersey) Law 1949, the Regulation of Undertaking & Development (Jersey) Law 1973 and the Hawkers and Non- Resident Traders (Jersey) Law 1965.

The purpose of the new law is essentially the same as the laws referred to above which are to be repealed – regulating who can own and occupy property in the Island, the control of the set up of new business in the Island and regulating the number of employees engaged in such business. It is hoped that the new legislation will be easier to interpret whilst introducing a more effective system of enforcement which is compliant with international human rights principles. Under the Housing (Jersey) Law 1949 there were 15 categories of residential status. These are being replaced by four new categories which are briefly described as :-

Entitled: an individual who has completed ten years continuous residence in the Island, whether they are Jersey born or not together; or someone who may have been granted Entitled status on the ground of hardship; or an individual who is granted Entitled status on the grounds of it being in the best interests of the community (formerly the Regulation 1(1)(k))

Licensed: an individual who is required by local business as an "essential employee" (formerly the Regulation 1(1)(j))

Entitled to Work: an individual who does not have Entitled or Licensed status but who has resided in the Island for a continuous period of 5 years before applying for a registration card; or who is the spouse of a person with Entitled, Licensed or Entitled to Work status; or was divorced less than five years ago from a person with Entitled, Licensed or Entitled for Work status and has been continuously resident since the divorce; or someone who commenced work for an undertaking before the age of 16 years and has worked for that undertaking since attaining that age.

Registered: an individual who has been continuously resident in Jersey for three months and who does not fall into any of the above three categories.

Everyone will eventually carry a registration card (which will be combined with the existing Social Security cards) which will record your full name, date of birth, social security number and residential status.

Newcomers to the Island will procure the right to work at the end of three months continuous residence and will then be issued with a registration card carrying this information by the Population Office and other States of Jersey authorities.

The rest of us will apply for a registration card when circumstances require it when we move job or change our residential address.

From an employers point of view the following checklist may assist:-

  • Is the new employee in possession of a registration card?
  • Is the new employee Entitled to Work?
  • Has the new employee notified the Population Office of their current address?
  • HR to complete an appropriate form advising Social Security of the employment;
  • Has the new employee registered his/her children (under the age of 16) with the Population Office?
  • Remind anyone leaving your employment that they will need to obtain a Registration Card;
  • Keep track of the status of your current employees as they move through the four categories described;
  • Temporary staff are covered by an employment or recruitment agency;
  • Whilst your Licensed staff may now purchase or rent property in their own name (rather than incorporating a limited liability company or having their employer enter into the lease), they will lose their right to retain ownership of or occupation of such property should they cease their employment or otherwise lose their essential status. Whilst there will no longer be formal undertakings by the employee in favour of the Population Office, new powers of enforcement will enable the Minister to seek their vacation of any such property.

New business undertaking

Any business in position of a valid licence issued pursuant to the Regulation of Undertakings & Development (Jersey) Law 1973 is deemed to have a valid and existing licence under the new law. The existing system of licensing new business set up in the Island will be maintained under the Control of Housing & Work Law with the definition of an undertaking being broadly the same as under the current Regulation of Undertakings Law.

New licenses will be divided into three categories:-

  • Business licence
  • Hawker's licence
  • Non-resident trading licence

The application process will also be similar to that currently in place but probably with the addition of a fee charged for the application process.

Employee numbers

One significant change which will affect both new and existing undertakings is that the licence will now only limit the number of Licenced and Registered employees and therefore businesses will not be restricted on the number of Entitled or Entitled to Work. However no new employee may be employed without a valid and appropriate registration card.

Change of Ownership

Another important change in the regulation of business licences relates to the change of ownership or control provisions which have been incorporated into the new law. This will apply to all new and existing undertakings.

Any change in the ownership of the business must be disclosed to the Population Office within 60 days of the change or the existing licence will be deemed to have lapsed. Therefore prior to any significant change of ownership, a new business licence application is required to be made.

A "significant" change in ownership insofar as concerns a limited liability company is deemed to be the acquisition of more than a 60% control of the shares of the company by persons who are NOT Entitled, Licensed or Entitled to Work.

These provisions apply on only the first occasion when the ownership of such company falls into the hands of non local owners and does not affect any subsequent sales.

Companies listed on the Stock Exchange are not affected.

Guidelines are to be issued by the Minister for the change of ownership of businesses not owned through a limited liability company which will specify the date upon which the guidelines will come into effect.

Licensed staff

Another major change under the law is that businesses will not have to apply for specific permission in respect of each essentially employed member of staff. All that is required is that the employee be engaged to work in a post which accords with a permitted description of work within the Licensed post conditions on the employers business licence Currently some questions remain unanswered but no doubt will become clearer in practice.


The powers of enforcement enshrined under the new law are similar to those under the Financial Services (Jersey) Law 1998.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.