Housing Control

The Housing Control and Right to Work Laws in Guernsey

Due to the small size of the Island and the density of the population, there are strict controls on who may occupy dwellings on Guernsey.

Through the Housing Control Law, the Housing Department controls the occupation of the majority of dwellings on the Island. There is no control over the ownership of property in Guernsey.

There are two sectors of housing in Guernsey which are known as the "Local Market" Controlled dwellings and "Open Market" dwellings inscribed in the Housing Register.

The right to occupy all dwellings on Guernsey apart from those inscribed in Part A of the "Open Market" Housing Register is strictly controlled. The occupants either need to be qualified residents or in possession of a valid housing licence.

A controlled dwelling in Guernsey is:

i.Any Local Market dwelling.
ii.Any hotel, guesthouse or self-catering holiday unit.
iii.Any Lodging House.
iv.Any Residential Home.

With the general exception of its owners and their immediate family, persons who are not qualified residents require housing licences to occupy any dwelling on either Part B (hotels), Part C (Residential/Nursing homes) or Part D (lodging houses) of the Register. [There are some further exceptions relating to Part B Hotels which are detailed later in these notes.]

If you are not eligible lawfully to occupy a controlled dwelling but want to remain in the Island, your options are restricted to the following:

a)If you are employed on a full time basis and exclusively in an Open Market Hotel, which is on Part B of the Housing Register you could live in the Hotel, where you work, without a housing licence.
b)You could occupy a dwelling inscribed in Part A of the Housing Register i.e. a private Open Market dwelling e.g. as the tenant or owner.

If you look for accommodation in a private Open Market dwelling you must check that the dwelling is inscribed in Part A of the Housing Register. You may see advertisements for Grade A accommodation to let or the advertisement may use the words "Open Market". Such accommodation may not actually be Part A accommodation. Therefore, before you commit yourself to renting such accommodation you are advised to check the status of the accommodation with the Department's Housing Control Section. If you provide details of the circumstances of your proposed occupation of the dwelling, the staff will then confirm whether you need a housing licence.

Right to Work

The Housing Department also administers the Right to Work Law, which requires everyone, including Self-employed persons, who starts or changes employment in Guernsey to hold a "Right to Work Document" indicating that they are lawfully housed.

The following notes are for general guidance only and must not be regarded as a full or authoritative statement of the provisions of either the Housing (Control of Occupation) (Guernsey) Laws, 1994 and 2001 or the Right to Work (Limitation and Proof) (Guernsey) Law, 1990.

Copies of the above Laws can be purchased from:

Her Majesty's Greffier
The Greffe
Royal Court House
St Peter Port
Guernsey