Jersey property transactions involve unique local structures.
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Jersey Property Law and Court Passings
Jersey property law requires strict compliance during title reviews and when contracts are passed before the Royal Court.
Who can buy a home in Jersey
Your residential status decides what you can buy. Housing in Jersey is controlled by the Control of Housing and Work (Jersey) Law 2012, and the status shown on your registration card sets your rights.
The Government of Jersey's residential status guidance summarises them:
- Entitled (and Permanent Entitled): can buy, sell and rent any property.
- Licensed: can buy most types of property, but not first-time buyer housing. You can own or rent only one property and must live in it.
- Entitled for Work Only: limited ability to buy, and only alongside a partner who is Permanent Entitled, Entitled or Licensed.
- Licensed for Lease Only: mainly renting, with a limited ability to buy alongside a qualifying partner.
- Standard: can rent one "Registered" property. The guidance lists no right to buy.
Companies and other legal persons are treated differently. A company needs the consent of the Chief Minister before it buys, takes a transfer of or leases property. The application has to go in before the transaction.
First-time buyers
Under the government's first-time buyer rules, you qualify if you have never owned an interest in residential property anywhere in the world, you have Entitled status (or are buying with an Entitled spouse or civil partner) and you will live in the home. Purchases under £700,000 get reduced stamp duty. You only get the reduction once.
Freehold, flats and share transfer
How a property is held changes the paperwork and the tax. The three common forms are:
- Freehold: the property passes by contract before the Royal Court. Stamp duty is charged under the Stamp Duties and Fees (Jersey) Law 1998.
- Flying freehold (co-ownership): many flats are owned under the Loi (1991) sur la copropriété des immeubles bâtis. Each "lot" combines a private part with a share of the common parts, and the building is governed by a declaration of co-ownership and an association of co-owners.
- Share transfer: you buy shares in a company whose articles give you the right to occupy a unit. These are not passed before the Court. Instead, land transaction tax is charged under the Taxation (Land Transactions) (Jersey) Law 2009.
On a share transfer purchase, the land transaction tax guidance says the tax is due within 28 days of the transaction, with a 10% surcharge for late payment. A lender taking security over the shares is charged too.
How a purchase reaches the Royal Court
A freehold purchase ends with your lawyer presenting the contract to the Royal Court. You cannot do this yourself. The steps usually run like this:
- Searches. The government lists the searches available: planning and building permissions back to 1988, fire safety and petroleum, drains and sewerage, and environmental health notices. Some, including the drains and fire safety searches, are only available to lawyers.
- Title. Your lawyer reviews the earlier contracts on the Public Registry, which holds property deeds from 1602. Records from 1800 onwards can be searched through Public Registry Online.
- Finance. If you are borrowing, the loan is usually secured by a hypothec. Under the Loi (1880) sur la propriété foncière (unofficial English translation), a conventional hypothec must be created by contract passed before the Court and registered, or it is void.
- Passing contract. According to the Public Registry's guidance, only the Attorney General, the Solicitor General, or an advocate or solicitor of the Royal Court may present a contract. All contracts must now be in English.
- Registration. The Public Registry then enrols the contract as evidence of title.
No certificate of title
The Public Registry does not issue a certificate of title. This is the main difference from a land registry system. Your protection is your lawyer's examination of the earlier contracts, which is why the Registry discourages do-it-yourself conveyancing. Registry staff can give you copies of contracts, but they cannot advise on boundary disputes.
What to have ready
- Your registration card, or confirmation of your residential status.
- Whether you are a first-time buyer, and whether you have ever held an interest in property abroad or by inheritance.
- For flats: whether the unit is flying freehold or share transfer. Ask the agent before you make an offer.
- Your lender's offer, if you are borrowing.
- For a company purchase: the company's details, so the Chief Minister's consent can be applied for in good time.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Residential Conveyancing Asked Questions
Who handles the Jersey Royal Court passing of contract?
Jersey freehold property transactions are completed by passing the contract before the Royal Court. Only an advocate or solicitor of the Royal Court (or the Attorney General or Solicitor General) may present a contract, according to the Public Registry’s guidance.
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