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Guernsey, St Peter Port

Buying In Guernsey

Ownership of Property in Guernsey

What restrictions are there in ownership of Property?

None. Property can be owned by anyone or by companies or trustees.

The restrictions imposed are on occupation rather than ownership. Control of Occupation (Guernsey) Law 1994 dictates that the occupation of local market properties is limited to persons having the necessary residential qualifications or persons having been granted a licence to occupy a local market dwelling by the States of Guernsey Housing Authority (it is important to note that some licenses may in themselves contain certain restrictions). For clarity on residential qualifications we would recommend contacting the States of Guernsey Housing Authority.

The Local and Open Markets

There are two "tiers" of residential properties in Guernsey known as open and local market and whilst there are no restrictions on ownership, there are on occupation.

Residential local market properties can in general be occupied by locally born people or those who have resided in Guernsey for a certain time, or by people who have proven parentage or ancestral links between certain dates.

"Local market" properties may be occupied by "non local" people who have obtained the necessary licences from the States of Guernsey Housing Authority and are locally known as "Licence Holders". These people are in general specially qualified in certain jobs and are considered to be essential to the island. As mentioned above certain restrictions on licences apply and we recommend dialogue with the States of Guernsey Housing Authority to clarify any queries you may have.

"Open market". There are no restrictions on the purchase or occupation of "open market" properties and they are in general occupied by non local residents, however they do command a higher price than that of local market properties.

Tax Restrictions on Ownership

Known locally as Dwelling Profits Tax, should a continuation of twelve consecutive months of occupation (a year and a day) be proven then no dwelling tax is payable or in the case of buying for investment purposes, a restriction of a period of ownership of five years may apply. Failure to meet either of the above exemptions invariably results in a 100% rate of tax on any capital gains made. There is no taper relief in respect of partially meeting the timescales, though different rules do exist for property developers and companies. For more details, persons should contact the Income Tax Authority on 01481 724711, or seek professional advise.

The Legalities of Purchasing

Rather than write many paragraphs, we would recommend "giving us a ring" where we will be happy to explain simply the steps that should be taken.

Document Duty

The following document duties apply to purchases in Guernsey:

Value Percent
£0 - £150,000 2%
£150,000 - £250,000 2.5%
£250,000 and above 3%
Land 3%

In addition, the legal (advocates) fee is 0.75% of the cost of realty of the property plus £92.50 for Court, Greffe & registration fees.

For example: An acceptable offer of £250,000 is made, a normal allowance of 5% is made for personalty i.e. carpets, curtains, light fittings etc, therefore the realty would be £237,500; total fees 3.25% plus £92.50 as above.

Estate Agents fees are normally only occurred by property vendors.

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