THE OPEN MARKET
Background History

The "open market" was effectively established in 1957 when the Housing Law was amended to exempt dwellings over a specified Rateable Value from control.

During the 1960's the relevant Rateable Value level was amended from time to time and a housing development at Fort George was specifically exempted from controls.

In the 1969 Law a Housing Register was set up to establish whether a property was open or local market.

In 1982 the Register was split into Part A (private dwellings) and Part B (hotels/guesthouses).

In 1988 the Register was further divided to create Part C (nursing/residential homes) and Part D (lodging houses).

Parts B, C and D are subject to controls (for details click on the appropriate icon below).

Generally the Register is closed for new inscriptions - this means that any dwelling not currently inscribed in the Housing Register is a controlled "local market" dwelling.

The Housing Register

The Register is split into four parts as follows:

Part A = private dwellings 
Part B = hotels and guesthouses. 
Part C = nursing/residential homes 
Part D = lodging houses [multiple occupation]

Part A - private dwellings

Occupants 
An open market dwelling will be inscribed in Part A if it is used as a single family dwelling.

A Part A dwelling can be occupied by the owner/tenant and their immediate family for an indefinite period without the need of a licence. However, each occupant would require a Declaration of Lawful Residence if it were their intention to take up employment in the Island.

These notes are NOT exhaustive and are not to be taken as an authoritative statement of all the provisions that apply to Registered dwellings.

If in any doubt contact should be made with the Housing Control Section.

Part B - hotels and guesthouses

An open market dwelling that is used as a hotel (see definition below) under a valid Boarding Permit issued by the States of Guernsey Tourist Board is inscribed in Part B of the Register.

Occupants 
The following are able to occupy a hotel inscribed in Part B without the need of a licence: 

• qualified residents; 
• the owner and his immediate family; 
• the principal tenant and his immediate family; 
• the manager and his immediate family; 
• full time staff of the hotel [provided they are not employed elsewhere]; 
• bona fide tourists (for up to 90 days in any period of 12 consecutive months).

ALL OTHER OCCUPANTS WILL REQUIRE A HOUSING LICENCE.

The terms "hotel" and "tourist" are defined in the Law as follows:-

"hotel" means a dwelling, other than a self catering unit, in respect of which there is in force a boarding permit and which, in the opinion of the Authority, is being used for the business of providing sleeping accommodation for reward to tourists in accordance with the provisions of that permit.

"tourist" means a person who is present in Guernsey -
(a) for the purposes of a holiday; or
(b) for an aggregate of not more than 10 days in any 30 day period for the purposes of his employment;
but does not include a person who has been physically present in Guernsey for an aggregate of more than 90 days in any twelve month period.

These notes are NOT exhaustive and are not to be taken as an authoritative statement of all the provisions that apply to Registered dwellings.

If in any doubt contact should be made with the Housing Control Section.

Part C - residential and nursing homes

An open market dwelling that is registered as a nursing or residential home by the Board of Health under the Nursing Homes and Residential Homes [Guernsey] Law, 1976 is inscribed in Part C of the Register.

Occupants
With the exception of the owners of the property, persons who are not qualified residents require housing licences to occupy any dwelling on Part C of the Register.

These notes are NOT exhaustive and are not to be taken as an authoritative statement of all the provisions that apply to Registered dwellings.

If in any doubt contact should be made with the Housing Control Section.

For information on the Nursing Homes and Residential Homes (Guernsey) Law, 1976, contact the States Board of Health, Princess Elizabeth Hospital, Le Vauquiedor, St Andrew's, Guernsey. GY4 6UU.  Tel 01481 725241.

Part D - lodging houses

If the Authority deems an open market dwelling to be in use as a lodgings house it will be transferred to Part D of the Register

Occupants
With the general exception of its owner and his direct family, all persons who are not qualified residents require housing licences to occupy any dwelling on Part D of the Register.

These notes are NOT exhaustive and are not to be taken as an authoritative statement of all the provisions that apply to Registered dwellings.

If in any doubt contact should be made with the Housing Control Section.