Control of Housing and Work (CHW) Law: housing guidance

Find information about individual guidance in the Control of Housing and Work Law: guidance for individuals.​

Find information about business licensing and employee status guidance in the Control of Housing and Work Law: business licensing and employee status guidance.​​​

Access to first time buyer properties and concessions

A purchaser is a first-time buyer if you: 

• have Entitled residential status or plan to buy the property with an Entitled spouse or civil partner who has never owned a residential property anywhere in the world 
• have never owned or had an interest in any residential property on your own or with someone else anywhere in the world 
• are going to live in the property as your principal place of residence 
  

Lodging houses 

People can live in lodging houses as both lodgers and tenants. Lodgers don't have the same legal status as tenants, particularly in relation to protection from eviction. To become a tenant, you must have a CHW status. 

Lodging houses or lodging accommodation are privately owned properties offering accommodation for occupation.

Registered lodging houses (registered with the Government of Jersey) fall under the Lodging Houses (Registration) (Jersey) Law 1962. A registered lodging house: 

• has a limit on how many people can stay in it and in each room
• must be maintained to a good standard
• must provide adequate toilet, washing and cooking facilities
• must have an appointed keeper to look after the property
  

Lodging Houses (General Provisions) (Jersey) Order 1962: Article 2(4)(b) exempts a lodging house from needing to register under the Lodging Houses Law if they provide accommodation for no more than 5 persons. 

A list of registered lodging houses, and the maximum rental charges, can be found at: 

Lodging House Charges

Other legislation related to accommodation​

Tourism (General Provisions) Law

Exempts a householder from needing to register under the Tourism law if they provide accommodation for no more than 5 people for reward in their own property. This means that a householder can take up to 5 lodgers in their domestic accommodation.

Article 19 of the Tourism (General Provisions) (Jersey) Order 1990

Public Health and Safety (Rented Dwellings) Law 

Where a person who is both the owner and occupier of a dwelling permits the dwelling also to be occupied, for reward, by up to 2 other persons, that dwelling is not a rented dwelling for the purposes of this Law.

Article 2(4) of the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018​

A householder who has 3, 4 or 5 lodgers is subject to the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018​. 

Detailed CHW accommodation rules by status

Permanent Entitled (PE)

A person with Permanent Entitled (PE) status has full access to the housing market without any restrictions. They may buy, sell and rent any number of Qualified or Registered properties, as an individual.  

They can rent any number of residential properties using either an ordinary rental contract/agreement or a registered contract.  

A person with PE status can allow people of any CHW status to live in the home of the PE person. This could be family members or take the form of a house share or the PE person could take in lodgers.   

Under the Tourism law, a householder can have up to 5 lodgers without needing to be registered under that law.  

Entitled (ENT)

A person who has gained Entitled (ENT) status by 10 years residency has full access to the housing market without any restrictions. They may buy, sell and rent any number of Qualified or Registered properties, as an individual.

They can rent any number of residential properties using either an ordinary rental contract/agreement or a registered contract.

A person with ENT status can allow people of any CHW status to live in the home of the ENT person. This could be family members or take the form of a house share or the ENT person could take in lodgers.

Under the Tourism law, a householder can have up to 5 lodgers without needing to be registered under that law.

A person who has ENT status under Regulation 5 (often known as high net worth) will always have conditions on their status that restrict their access to the domestic property market.

Each applicant will have individual conditions and should email queries to customerservice@gov.je.

A person who has ENT status under Regulation 6 (often known as hardship) may have conditions on their status that restrict their access to the domestic property market.

Each applicant will have individual conditions and should email queries to customerservice@gov.je.

Entitled for Work Only (EFW)​

Renting

Any person with Entitled for Work Only (EFW) status is allowed to rent one unit of Registered accommodation in their own name. They must occupy this accommodation as their main home. A person with EFW status is only allowed to rent one property in Jersey. 

Buying

A person with EFW status cannot buy a domestic property on their own.

A person with EFW status can jointly buy a domestic property with their eligible partner as follows:

• if their eligible partner has PE or ENT status, the person can buy one property with their partner. It does not matter how the ownership is split between the 2 partners. The person and their eligible partner must live in the property they buy, or intend to live in it, as their main home
  
• if their eligible partner has LIC status, the person can buy one property jointly with their partner. The person and their eligible partner must live in the property they buy, or intend to live in it, as their main home
  

Inheritance

If an EFW status person inherits a unit of accommodation they are allowed to occupy it, regardless of whether it has a qualified or registered category.

Sharing accommodation

A person with EFW status or any other any CHW status can live in a unit of accommodation with a second person where the second person has a CHW status that allows them to rent or buy that unit of accommodation themselves. The EFW person could be a family member, part of a house share or a lodger.

Lice​​nsed (LIC) 

A person with Licensed (LIC) status can rent or buy any single unit of accommodation.  A person with LIC status must live in the property they own or rent, or plan to live in it, as their main home. This means they can only rent or purchase one property.

Other local policies do not allow LIC individuals to purchase first time buyer housing or lease social rented housing. 

Access to qualified accommodation with LIC status comes with the condition that if the person no longer holds their LIC status, then the unit of accommodation must be sold or transferred to a person with PE, ENT or LIC status. 

A person with LIC status can allow people of any CHW status to live in the home of the LIC person. This could be family members or take the form of a house share, or the  LIC person could take in lodgers. Under the Tourism law, a householder can have up to 5 lodgers without needing to be registered under that law. 

Inheritance 

If a LIC status person inherits a unit of accommodation, they are allowed to occupy it, regardless of whether it has a Qualified or Registered category. They can continue to occupy the accommodation even if the LIC status is lost. 

Licensed for Lease Only (LLO)​

Renting  

A person with Licensed for Lease Only (LLO) may rent one Registered or Qualified property. They must live in the rented home, or plan to live in it, as their main place of residence. 

If they rent Qualified property, it must be using the terms of an ordinary contract, where the length of the lease is less than nine years.  

Other local policies do not allow LIC individuals to rent social housing. 

Buying 

A person with LLO status cannot buy a domestic property on their own. 

A person with LLO status can jointly buy a domestic property with their eligible partner as follows: 

• If their eligible partner has PE or ENT status, the person can buy one property with their partner. It does not matter how the ownership is split between the 2 partners. The person and their eligible partner must live in the property they buy, or intend to live in it, as their main home. 
• If their eligible partner has LIC status, the person can buy one property jointly with their partner.  The person and their eligible partner must live in the property they buy, or intend to live in it, as their main home. 

Access to accommodation with LLO status comes with the condition that if the person no longer holds their LLO status then they are no longer able to live in a unit of Qualified accommodation. 

A person with LLO status can allow people of any CHW status to live in the rented home of the LLO person. This could be family members or take the form of a house share. Under the Tourism law, a householder can have up to 5 lodgers without needing to be registered under that law. 

Inheritance  

If a LLO status person inherits a unit of accommodation they are allowed to occupy it, regardless of whether it has a qualified or registered category. They can continue to occupy the accommodation even if the LLO status is lost. 

Standard (STN) 

A person with Standard (STN) status is allowed to rent one unit of Registered property. They cannot rent Qualified residential property, nor can they buy any residential property. They must live in the property they rent, or plan to live in it, as their main home. This means that a person with STN status can rent only one property. 

A person with STN status or any other CHW status can live in a unit of accommodation with a second person where the second person has a CHW status that allows them to rent or buy that unit of accommodation themselves. The STN person could be a family member, part of a house share or a lodger. 

Inheritance 

​If a STN status person inherits a unit of accommodation, they are allowed to occupy it, regardless of whether it has a qualified or registered category.​

Access to accommodation by residential category​ 

The following table shows access to categories of residential accommodation by Residential category.​

Access to residential property by CHW status

The following table gives an overview of access to residential property for each CHW status.

A person with any CHW status can share a unit of accommodation with a second person, provided the second person has a CHW status that allows them to occupy that unit of accommodation themselves.

Under the Tourism law, a householder can have up to 5 lodgers without needing to be registered under that law.

Types of property transaction permitted by status​

The following table shows which kinds of property transaction (purchase, which type of lease) you are allowed to make with each of the CHWL statuses.

​

Glossary of terms

Decision making, reviews and appeals

Introduction

The Control of Housing and Work (Jersey) Law 2012 sets out the roles of decision makers and contains rights to review and rights to appeal certain decisions.

This guidance explains:

• who can make decisions
  
• what decisions they can make
  
• the decisions that can be reviewed
  
• the decisions that can be appealed
  
• the processes to review or appeal a decision​

Roles

Most applications within the CHW legislation, policy and guidance are considered by determining officers.

Applications outside policy, applications relating to Regulation 5 (Entitled status on economic or social grounds), and reviews of decisions made by determining officers, are considered by the Housing and Work Control Panel (the ‘Panel’).

The Minister considers recommendations from the Panel in respect of reviews. The Minister is also directly responsible for decisions relating to property issues and serving a cessation notice. These decisions can also be delegated to specified officers. 

External appeals are made to the Royal Court.

Determining Officer

A determining officer is an officer who is authorised to make a range of decisions under the CHW Law. Determining officers are appointed by the Minister and work within the Employment, Social Security and Housing Department.

A determining officer uses the CHW law and the Minister’s published policy and guidance to make decisions on:

• a person’s CHW status
  
• the conditions which might be applied to a person’s CHW status
  
• the grant, duration, conditions, refusal or cancellation of a business licence or staffing licence
  

Where an application falls outside existing guidelines, the application is referred to the Housing and Work Control Panel for a recommendation. ​The determining officer will action the recommendation of the Panel.

Housing and Work Control Panel

The Housing and Work Control Panel consists of at least 3 elected Members of the States Assembly who are nominated by the Chief Minister.

The Panel’s functions include:

• making recommendations to the determining officer where an application falls outside existing guidelines or policy
  
• considering and making recommendations to the determining officer on all applications under Regulation 5 (Entitled status on economic or social grounds) 
• making a recommendation to the Chief Minister in respect of the review of a decision of a determining officer where a person requests a formal review of that decision
  

Minister

The Minister is the Chief Minister.

The Minister:

• appoints determining officers
  
• takes certain decisions under the law directly and can also delegate these powers to specified officers
  
• sets policy and publishes guidance on the application and interpretation of the CHW Law
  
• considers recommendations from the Panel in respect of formal reviews of first decisions made by determining officers
  

The Minister is responsible for making some decisions directly under the CHW law, relating to property matters. The Minister can delegate these decisions to specified officers to take decisions on the Minister's behalf.

These decisions relate to:

• a decision about the categorisation of a unit of dwelling accommodation or the conditions relating to the categorisation (under Article 15(3))
  
• refusal to grant consent for occupation of a unit of dwelling accommodation (under Article 17(2))
  
• refusal to grant consent to a purchase by a legal person (under Article 20(2)) or the placing of a condition (under Article 20(5))
  

The Minister can also take a decision to serve a notice requiring business activity to cease (under Article 37(1) or (2)). This decision can also be delegated to a senior officer to act on behalf of the Minister.

The delegation of ministerial powers is recorded in a formal report that is published on the States Assembly website.

Royal Court

Should the applicant be dissatisfied with the decision of the Minister under the CHW Law, they have a statutory right of appeal to the Royal Court on the ground that ‘the decision is unreasonable having regard to all the circumstances of the case’.

Review of a decision made by a Determining Officer

Decisions that can be reviewed

A person aggrieved by any of the following ‘initial decisions’ by a determining officer may request a review of that decision by the Housing and Work Control Panel:

• a decision about a person’s CHW status (under Article 3(3)(b) or 3(6)(a))
  
• a refusal to grant a CHW status to the person (under Article 3(6)(b))
  
• a condition related to the grant of the person’s CHW status (under Article 3(7))
  
• a decision to treat an application for a licence as withdrawn (under Article 26(4))
  
• the grant or refusal of a licence (under Article 26A(2))
  
• a condition related to a licence (under Article 26A(4) or Article 27(2) or (3))
  
• the refusal of an application to vary a licence (under Article 29(4)(a))
  
• the variation of a licence (under Article 29(4)(b))
  
• the withdrawal of a licence (under Article 30(1))
  

Requesting a review

Any request for a review by the Housing and Work Control Panel (the Panel) must be made no later than 1 month after the date of the ‘initial decision’.

A request for a review should be sent to customerservice@gov.je.

Any request must contain the following information:

• the person’s name and address for correspondence
  
• details (including any reference number) of the initial decision
  
• the grounds for requesting the review, including where relevant, the reasons why the person disagrees with the initial decision or with any reasons for the initial decision
  
• any other information or documents that the Panel may request
  

Review process

Following a request to review a determining officer’s decision the Panel will review the decision, and make a recommendation, and the reason for it, to the Minister.

In carrying out the review the Panel must take account of the powers and policies that the determining officer was required to use in making their decision.

The Minister will consider the Panel’s recommendation, and any further consideration of the issues by the determining officer.

The Minister may confirm, reverse or vary the initial decision, in whole or in part.

The Minister will write to the applicant setting out the Minister’s decision.

A person aggrieved by the Minister’s decision has a right of appeal to the Royal Court.​

Decisions that can be appealed

A person aggrieved by any of the following decisions by the Minister may request an appeal of that decision by the Royal Court:

• a decision about the categorisation of a unit of dwelling accommodation or the conditions relating to the categorisation (under Article 15(3))
  
• refusal to grant consent for occupation of a unit of dwelling accommodation (under Article 17(2))
  
• refusal to grant consent to a purchase by a legal person (under Article 20(2)) or the placing of a condition (under Article 20(5))
  
• a notice requiring business activity to cease (under Article 37(1) or (2))
  

In respect of review decisions made by the Chief Minister:

• a decision about a person’s CHW status (under Article 3(3)(b) or 3(6)(a))
  
• a refusal to grant a CHW status to the person (under Article 3(6)(b))
  
• a condition related to the grant of the person’s CHW status (under Article 3(7))
  
• a decision to treat an application for a licence as withdrawn (under Article 26(4))
  
• the grant or refusal of a licence (under Article 26A(2))
  
• a condition related to a licence (under Article 26A(4) or Article 27(2) or (3))
  
• the refusal of an application to vary a licence (under Article 29(4)(a))
  
• the variation of a licence (under Article 29(4)(b))
  
• the withdrawal of a licence (under Article 30(1))
  

Requesting an appeal​

The Judicial Greffe can provide detailed advice on Court procedures for those wishing to make an appeal.

Email: ​jgreffe@courts.je​

An appeal against a cessation notice, issued under Article 37(1) or (2), on the grounds that service of the notice on that person, or any request in the notice, was unreasonable, must be made within one month of the date of the serving of the notice.

In all other cases, a request for an appeal to the Royal Court must be made within 2 months of the date of the Minister’s decision (or within a longer period if the Court allows) on the grounds that the decision is unreasonable taking into consideration all the circumstances of the case.

Appeal process​

Following a request for an appeal the Judicial Greffe will advise on procedures.

On hearing the appeal, the Court may:

• confirm, reverse or vary the decision against which the appeal is brought
  
• make such interim Order as it thinks fit
  
• make such Order as to the costs of the appeal that it thinks fit
  

Get support​

For further help and guidance on residential status or housing, contact Customer Service at Employment, Social Security and Housing (ESSH) by:

• email: customerservice@gov.je​
  
• ​phone: +44 (0) 1534 444444​