Jersey property development involves site assemblies, planning negotiations, and mezzanine financing structures. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Legal support at each stage of a project
Local developers and international funds need specialist Jersey Advocates for commercial acquisitions. The legal documents must be tailored to local regulations.
Site Assembly & Acquisition: Advocates advise on complex title boundaries, historical covenants, and vacant possession strategies before contract finalisation.
Planning obligations: Planning obligation agreements under Article 25 of the Planning and Building (Jersey) Law 2002 are negotiated with the Government of Jersey.
Development Financing & Security: Advocates draft construction loans, mezzanine finance, hypothecs, and guarantees under Jersey law.
Property development is a specialist area. Speak to an independent Jersey Advocate who works in it.
Buying the site
A development company usually needs government consent before it can acquire land. Under the Control of Housing and Work regime, a company or other legal person must apply for the consent of the Chief Minister before buying, taking a transfer of or leasing property. The government's guidance says the Minister considers the best interests of the community, including the supply of and demand for property. Build the application into the timetable before contracts are agreed.
Searches worth ordering early
The government's property search service offers several reports that matter on a development site:
- Planning and building permissions since 1988, with conditions and refusal reasons for applications after 2001
- Fire safety and petroleum, including recorded storage tanks (lawyers only)
- Drains and sewerage, including private systems such as septic tanks (lawyers only)
- Environmental health, for outstanding legal notices
Each search takes up to 10 working days as standard, so order them before terms are agreed, not after.
Planning obligation agreements
Planning obligations in Jersey are made under Article 25 of the Planning and Building (Jersey) Law 2002. The owner of an interest in land enters into the obligation by agreement with the Minister or the Chief Officer. It can:
- restrict how the land is developed or used
- require a specified operation or activity on the land
- require the land to be used in a specified way
- require payments to the Treasurer of the States, either as one-off sums or periodically
Three features matter to developers and their lenders. The obligation binds anyone who later takes title from the person who signed it, unless the agreement says otherwise. It is enforceable by injunction. If a required operation is not carried out, the Minister can do the work after giving at least 28 days' notice and recover the cost.
Each obligation is entered in the Register of Planning Obligations and registered in the Public Registry by order of the Royal Court. A buyer's or lender's title review should pick it up.
Securing the lending
The form of security depends on how the property is held.
Freehold land: the hypothec
Lending against Jersey freehold is secured by a hypothec, not an English-style mortgage or charge. Under the Loi (1880) sur la propriété foncière (unofficial English translation on jerseylaw.je):
- Article 17: a conventional hypothec must be created by contract passed before the Royal Court and registered, or it is void.
- Article 19: a simple conventional hypothec secures a fixed sum of money. Its repayment period cannot exceed 30 years from the date of the contract.
- Article 20: unless the contract says otherwise, the debtor can repay at any time. Any lock-in period cannot exceed 20 years.
- Article 21: the contract must describe each property charged, including its boundaries, area and title. Where several properties are charged, it must say how much of the debt each one bears.
Shares, accounts and contracts
Security over intangible movables falls under the Security Interests (Jersey) Law 2012. The Law covers investment securities such as shares, deposit accounts and receivables.
Where the shares give a right to occupy Jersey land, the land transaction tax guidance says a secured party who creates a security interest over them is charged land transaction tax. The tax is due within 28 days, with a 10% surcharge for late payment.
Selling the finished units
Flats are often sold as flying freehold under the Loi (1991) sur la copropriété des immeubles bâtis. The building is divided into lots, each combining a private part with a share of the common parts, under a declaration of co-ownership and an association of co-owners.
Buyers' own status matters too. Under the Control of Housing and Work (Jersey) Law 2012, a buyer's residential status limits what they can buy. That can narrow the market for a scheme.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Property Development & Financing Asked Questions
Can independent Jersey Advocates handle complex institutional financing?
Yes. Independent Jersey Advocates specialise in construction loans, mezzanine finance, and Jersey-compliant hypothecs.
What is the difference between a Jersey Advocate and a Solicitor?
Only a Jersey Advocate holds the automatic right of audience to pass contracts before the Royal Court of Jersey. Independent Advocates can act for you on property acquisitions.
Tell us what you need and we’ll point you towards Jersey firms that work in this area.