Reversal of decision regarding extension of J category ownership and occupation.
As a result of a proposition lodged in the States by Senator Ben Shenton on 3rd February, 2010 to rescind the policy established by the Housing Minister, Senator Terry Le Main, on 19th January, 2010 (see below) to extend ownership and occupation by J category residents to more dwellings in the Island, the Housing Minister decided to immediately suspend the single property classification until agreement had been reached on the matter or it has been formally debated and decided by the States.
Until a decision is made all new consents will be issued in line with the previous (a) - (h) policy and any pending applications to extend the consents to (a) - (j) will be held in abeyance.
Previous Policy Statement was as follows:
As a result of the recent Migration Policy consultation process, the Housing Minister has decided to introduce some aspects of the Migration Policy immediately.
With effect from 19th January 2010, the complex (a) - (h) and (a) - (j) property classifications will be replaced with a single '(a) - (j)' property classification. This will mean that anyone with full local housing qualifications or permission from the Housing Minister will be able, on application, to own and occupy any property of their choice.
The Housing Minister has implemented the following new policies
- All applications for consent to the sale of individual properties will have an (a) - (j) occupancy condition imposed, including applications for development, and any additional units to be created on the site in future will fall into that same category of occupation. The current 50/50 policy will therefore fall away, unless the Department has previously confirmed, in writing, that it will apply to a proposed new development, in which case that agreement will be honoured.
- All applications for the sale of any flying freehold flat will have an (a) - (j) occupancy condition imposed, irrespective of any previous (a) - (h) restriction.
- Where any application for the sale of multiple residential units or a mixture of residential and commercial units is submitted, any consent issued will impose (a) - (j) occupancy conditions on all residential units.
- Any owner of property by means of freehold or flying freehold with current occupancy conditions restricting that occupation to (a) - (h) may apply to the Housing Minister for a formal revised consent to be issued enabling (a) - (j) occupancy conditions to be imposed should they wish to lease the property to persons qualified (a) - (j).
- Where a block of flats is owned by a company and any of those flats are currently restricted to (a) - (h) occupation, that owning company may apply to the Housing Minister to have that consent formally revised enabling an (a) - (j) occupancy condition to be imposed relating to all the flats referred to in the original consent. For example, if you an (a)- (h) share transfer or contract lease flat, the owning company must first apply to the Department for a revised Housing consent before the flat can be marketed as available to persons qualified (a) - (j). Obviously the revised Housing consent would then usually apply to all flats within that particular building/development.
- Similarly, where a company owns a mix of commercial and residential accommodation, such as a flat above a shop, that company can make an application for a formal revised consent enabling (a) - (j) occupancy conditions to be imposed.
- Any application for a formal revised consent must be accompanied by the usual fee (currently £20).
The new policy does not apply to the following property exceptions:
- All new and existing developments on sites specifically designated in the Island Plan for occupation by first-time buyers, including Jersey Homebuy purchasers, in perpetuity.
- All residential developments having specific occupancy conditions attached as a condition of a planning permission, or as part of a Planning Obligation Agreement relating to that permission, such as sheltered and other housing specifically for the elderly, homes for persons over a certain age, agriculture workers dwellings, but not including staff accommodation.
- All purchases and leases by bona fide Housing Trusts, such as Jersey Homes Trust, Les Vaux Housing Trust and CTJ Housing Trust.
- All new and existing registered Nursing and Residential Homes.
- All sales and leases by the Public of the Island, or individual States Departments or Parishes, unless otherwise agreed by the Minister for Housing depending on the nature of the proposed transaction and intended use of the site or individual properties, for example, where the property is unsuited for social housing, etc.