Corporate & Commercial

Ferbrache & Farrell LLP’s corporate department offers full service corporate, banking and commercial cover and is able to advise on all aspects of Guernsey corporate and commercial law, including banking and finance, regulatory, investment funds, asset management and listings on The International Stock Exchange (TISE).

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Dispute Resolution

The dispute resolution department at Ferbrache & Farrell LLP has vast experience of local and international litigation and dispute resolution generally, gained from acting in complex local and international high-value disputes, both in Guernsey and throughout the world.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Property

The Guernsey property department is dedicated to providing tailored solutions that meet and exceed clients’ expectations. In addition, the property department provides support to colleagues in the corporate and dispute resolution departments on real estate-related technical points of law.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
UK Real Estate

We are delighted to help in relation to providing legal advice for real estate in England and Wales. We listen. We learn what your needs are. We proactively respond. Whether it’s personal or commercial property, we always provide sound and pragmatic advice, adding value to the transaction.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Private Client

Our services for private client matters include the drafting of realty and personalty wills, obtaining Grants of Probate, acting as professional executors and assisting foreign lawyers who have requirements in this jurisdiction.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…

Following the news in early February 2023 that the German Naval Batterie Strassburg at Jerbourg has been designated as a ‘Grade A protected building’, we thought it may help to briefly revisit why certain buildings are protected in the island.

The starting point is that they have a ‘special interest’ which warrants a higher level of protection through the Land Planning and Development (Guernsey) Law, 2005 and the Land Planning and Development (Special Controls) Ordinance, 2007.

‘Special interest’ includes various characteristics either in isolation, or together, such as age, architecture, history, historical association or even innovative building techniques. The whole of a building can be listed, or just the exterior, or the façade, for example.

In the case of the Naval Batterie Strassburg, it is made up of 64 Second World War architectural features and it formed part of the ‘Atlantic Wall’. Deputy Victoria Oliver, the president of the Development and Planning Authority (DPA), said of the listing, ‘part of the DPA’s role is to protect and preserve our island’s heritage, look, feel and culture’, and the structure now joins around 1,600 other protected buildings in the island.

The level of protection afforded to local listed buildings is such that it means the requirements to deal with them are significantly more burdensome than for non-listed properties. There is, for example, an express legal requirement to obtain planning permission for any alterations, extensions, and many types of repair.

The incentives to comply with the planning law in the context of protected buildings and monuments is clear.  It is a criminal offence to demolish, extend or alter such a property without first obtaining planning permission, and the penalty for doing so can be a fine of up to £50,000 or imprisonment.

The DPA have produced a helpful guidance note on the subject entitled ‘Conservation Advice Note 1: Your Protected Building (CN1-January 2022)’ located here.

Helpfully, members of the public are able to check the listing status of a property here.

For more technical information, readers are recommended to look at ‘Conservation Advice Note 6: Criteria for the Selection of the Buildings for the Protected Buildings List (CN6-May 2016)’ and also ‘Conservation Advice Note 7: Decision Making Procedure for the Review of the Protected Buildings List (CN7-May 2016)’, the details of which are here:

Criteria for the selection of buildings for the Protected Buildings list

Decision-making procedure for the review of the Protected Buildings list

Whilst the subject matter is complex, the advice concerning protected building is clear.  If in doubt, take professional advice about any plans for the structure and if in doubt, assume that planning permission will be needed.

For help and assistance with any Guernsey and UK property matter generally, please feel free to contact us.