8th February 2011 Daniel Young. Property Partner BoisBois

Transcription

1 Jersey Housing Qualifications Quallies 8th February 2011 Daniel Young Property Partner BoisBois

2 Ship Building,Oyster Farming, Cod Fishing Knitting Cider Making Housing Law Introduced 7.17 people per house 2.67 people per house

3 HOUSING (JERSEY) LAW 1949 A LAW to provide for the constitution of a Committee of the States to administer matters relating to the housing of the population, to empower the States to acquire land by compulsory purchase for the purposes of housing, and to control [acquisitions and]1 sales and leases of land2 in order to prevent further aggravation of the housing shortage, sanctioned by Order of His Majesty in Council of the 4th day of MARCH 1949 (Registered on the 2nd day of April 1949) STATES OF JERSEY The 2nd day of December 1948 THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law -

4 The Housing Law is Split into 5 Parts and its Regulations Part 1 Empowers the Minister for Housing to exercise the powers under the Housing Law Part 2 Grants Compulsory Purchase powers Part 3 Closes loopholes,degrevement and leaving property by Will to a Company Part 4 Controls Sales and Leases of Land (the main part!) Part 5 Citation i.e the Name of the Law

5 How Does It Work? No person shall enter into a transaction to which Part 4 of this Law applies without the prior consent of the Minister, this includes sales, leases and transfers of land. (art 11) If they do then the Minister can declare the transaction void (art 12) An application for consent must be accompanied with full particulars of the transaction and shall be accompanied by a fee (currently 65) (art 13) The Minister shall grant consent, either unconditionally or subject to such conditions as the Minister thinks fit, to the sale, transfer or lease of any land of a class for the time being specified by the States by Regulations made under this Part and shall refuse consent to any sale or transfer or lease not so specified. (art 14) Any person failing to comply with this law or who makes a false or misleading application or statement in relation to an application or enters into a scheme, plan or device that is in contravention of the law shall be guilty of a criminal offence (art 20)

6 What are the Regulations? HOUSING (GENERAL PROVISIONS) (JERSEY) REGULATIONS 1970 Consent Conditions:- Regulation 1(1) (a) (b) (c) (d) (e) (f) (g) (h) Jersey born and been ordinarily resident in Jersey for aggregate of 10 years. (Can never lose the Qualifications) Owned or leased accommodation already in 1949 when the Law came in Have owned or leased exempt property e.g from Crown (Can lose qualifications if emigrate (subject to 5 year rule)) Previously been granted consent and has been ordinarily resident in it since (Can lose qualifications if emigrate (subject to 5 year rule)) Has rented for 10 years with consent and been ordinarily resident in Jersey for that period (usually J cat rentals) (Can lose qualifications if emigrate (subject to 5 year rule)) Person has been ordinarily resident for 10 continuous years prior to Application (Can lose qualifications if emigrate (subject to 5 year rule)) (proof,time away, check before you go) Hardship rules (other than financial hardship) (Can lose qualifications if emigrate (subject to 5 year rule)) Child of someone who qualifies (including at date of death) and been ordinarily resident here for aggregate g of 10 years (commencing prior to 20th birthday) (Can lose qualifications if emigrate if parents lose their right during that time (subject to 5 year rule))

7 Consent Conditions cont:- Regulation 1(1) (i) Doesn t exist (j) Essential employee, in the best interests of the community, often time stipulated (k) Justified on social and/or economic grounds (currently paying tax > 125,000 per annum) (if emigrate lose qualifications) (l) association incorporated by virtue of an Order in Council or by virtue of the Loi (1862) sur les teneures en fideicommis et l incorporation d associations (m) Recognised religious body (n) Non qualified spouse purchasing with qualified spouse 5) The 5 year rule:- a single period of ordinary residence outside Jersey commencing after the first day of February 1993 of not more than 5 years duration shall not affect the eligibility for consent of an intending purchaser, transferee or lessee in a case where the requisite period of ordinary residence within Jersey has been established prior to the period of residence outside Jersey

8 Exceptions Dégrèvement properties (closed in 2006) Pre 1949 properties p (closed in 1998) Property left by Will to a Company (closed in 2006) Companies that acquired from the Crown Lodging (not leasing) in Registered Lodging House or up to 5 lodgers in a residential i house

9 Some Case Law De Gruchy -v- the Housing Committee JLR 130 (Appeal v refusal as whilst each step legal, combination disclosed a scheme) Attorney General -v- Arthur and others 1990 JLR 11 (Is a breach of art 14 (1) (d) a strict liability offence?) Attorney General -v- O Neill 1998 JLR 11b (Sham lodging arrangement) Glazebrook -v- the Housing Committee 2003 JLR Note 15 (Appeal v refusal for consent under 1(1)(g) ) )

10 What changes are coming? Subject to debate and States approval the following areas are being looked at:- Non Qualified Register Improvements and clarification to the rules governing time away Ability for non qualified people to rent non qualified space Possibility of 25 year period for permanent qualifications