Who Can Buy and live in Jersey?

The question of who can buy a property in Jersey is crucial. Before you will be allowed to do so you must have "housing qualifications" and must have received consent from the States of Jersey Housing Committee. You should not attempt to complete a transaction until you are sure that consent has been granted. The Committee receives its power by virtue of the Housing (Jersey) Law 1949 and is bound by Regulations created in 1970. These Regulations have been considerably amended since then and they are very complex. The following is only a brief look at some of the more important provisions and if you are in any doubt as to your position you should contact the Population Office direct on 01534 448905 Consent to a transaction will be granted where - (a) the intending purchaser, transferee or lessee is of full age and was born in the Island and has been ordinarily resident in the Island for a period of at least ten years; or (b) the intending purchaser, transferee or lessee purchased, took a transfer of, or leased dwelling accommodation prior to the coming into force of the Law and has ordinarily resided in such accommodation during the whole of the period since he so purchased, took a transfer of, or leased such accommodation; or (c) the intending purchaser, transferee or lessee purchased, took a transfer of, or leased on a registered contract of lease, dwelling accommodation and the Law did not apply to such transaction by virtue of the provisions of Article 6 thereof and the person concerned has ordinarily resided in such accommodation during the whole of the period since he so purchased, took a transfer of, or leased such accommodation; or (d) the intending purchaser, transferee or lessee has previously been granted a consent under the Law to purchase, to take a transfer of, or to lease on a registered contract of lease, dwelling accommodation and has actually purchased, taken the transfer of, or leased, the accommodation and has been ordinarily resident therein for the whole of the period from a date not later than six months after the grant of such consent, or such later date as the Committee may, in any particular case, allow: Provided that this sub-paragraph shall not apply where the consent was previously granted by virtue of sub-paragraph (g), (j), (k) or clause (i) or (ii) of sub-paragraph (n) of this paragraph; (e) the intending purchaser, transferee or lessee has previously been granted consent under the Law to lease dwelling accommodation and has actually leased the accommodation, or has leased dwelling accommodation as a person exempt from the provisions of Part III of the Law or has previously been granted consent to lease or occupy property pursuant to sub-paragraph (j) of this paragraph, and has been ordinarily resident therein for the whole of the ten years immediately preceding his application for consent; or (f) the Committee is satisfied that the intending purchaser, transferee or lessee has been ordinarily resident in the Island for a continuous minimum period (currently 13 years) immediately preceding his application; (g) the Committee is satisfied that the hardship (other than financial hardship) which would be caused to the purchaser, transferee or lessee or to persons ordinarily resident in the Island if consent were not to be granted outweighs the fact that he does not fall within any sub-paragraph of this paragraph; or (h) the Committee is satisfied that the intending purchaser, transferee or lessee is a child of a person who falls within any sub-paragraph of this paragraph, is of full age and for a total period of at least ten years commencing prior to his twentieth birthday has been ordinarily resident in the Island; or (j) the Committee is satisfied that the intending purchaser, transferee or lessee either is, or will be, essentially employed in the Island and that consent can, in the best interests of the community, be justified; or (k) the Committee is satisfied that consent can be justified on social or economic grounds; or (l) the intending purchaser, transferee or lessee is an association incorporated by virtue of an Order in Council or by virtue of the "Lois (1862 à 1993) sur les teneures en fidéicommis et l‚incorporation d‚associations"; or (m) the Committee is satisfied that the intending purchaser, transferee or lessee is a recognised religious body; or (n) the intending purchaser, transferee or lessee - (i) is the spouse of the vendor, transferor or lessor; or (ii) is being joined in the purchase, transfer or lease with his or her spouse who is a person to whom the provisions of any of sub-paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (j) or (k) of this paragraph apply; or (iii) is the spouse of a person in respect of whom consent would be granted by virtue of any sub-paragraph of this paragraph, with the exception of sub-paragraph (k), is ordinarily resident in the Island at the time of the application and has been so resident for a period of at least ten years in a shared unit of dwelling accommodation with that same spouse. Remember that the information set out above does not, and is not intended to, provide you with legal advice. Such advice about a Jersey property transaction can only be given by a Jersey lawyer.