What Has Changed: Key Updates to Guernsey’s Open-Market Register

Guernsey has recently introduced important reforms to its Open Market Housing Register through the Open Market Housing Register (Guernsey) (Amendment) Law, 2025. These amendments create more flexibility and clarity around how properties can be inscribed (added) to, and moved around within, the open-market register. 

Here’s a breakdown of what the changes mean in practice:

1. Inscription in Principle (Section 3A) — Getting in Early

One of the most significant additions is the concept of “Inscription in Principle” (IIP) under Section 3A of the law. This allows a property to be conditionally inscribed before construction is complete. Previously, full inscription could only happen after a building was finished and had a completion certificate. 

There are two categories for IIP:

1. Prospective new-build properties (properties that have planning permission but haven’t yet been built) 
2. Exceptional-circumstance properties (buildings which wouldn’t normally qualify, but which meet certain strategic criteria)
   • A property may be considered an exceptional case if inscribing it serves a broader public or economic purpose (for example, essential housing supply, community infrastructure, economic uplift, environmental sustainability, social cohesion, or critical infrastructure). 
   • Historic or culturally significant buildings also may be eligible if the inscription helps fund vital repair or restoration. 

The IIP is valid for six years. For a new-build, to convert that IIP into a full inscription, you need to finish the construction, pay any required fees (there will be a levy), and satisfy any other conditions that were set when the IIP was granted. 

Importantly, if the property changes hands while an IIP is in place, the IIP remains with the property and is not automatically lost just because ownership changes. 

However, there will be a cap on how many IIPs the States grant each year. Under the policy, just three new inscriptions per year are proposed. 

2. Transferring Existing Inscription to New Development (Section 3B)

Section 3B of the amended law allows owners who already have an open-market inscription (Part A) to transfer that inscription to a new-build development. In practical terms:

• You must own one or more inscribed properties AND hold land where planning permission has been granted for at least two new units. (The law requires “two or more” new build properties.) 
• When the development is completed, the original property inscription is deleted, and the inscription is transferred to one (or more) of the new units. 
• There is a limit: no more than one-third of the units in the development may receive inscriptions, and the maximum number of inscribed units in any development is eight. 
• Properties on Fort George are excluded from these transfers. 

So, if you’re a landowner or developer, this change provides a way to “redeploy” existing inscriptions into new-build stock, freeing up flexibility in how the open-market register evolves.

3. Downsizing: Transferring to Smaller Local-Market Property (Section 3C)

Section 3C introduces a downsizing mechanism, enabling long-term open-market residents to transfer their inscription from a larger open-market home to a smaller local-market property. The idea is to encourage more efficient use of housing and free up larger units. Key points:

• To qualify, the new (local-market) property must have an internal floor area at least 25% smaller than the current inscribed open-market property. This ensures a meaningful downsizing. 
• Both properties must be owned by the applicant at the time of application. 
• The policy also requires that the applicant is a long-standing open-market resident (for example, at least 20 years’ residency).
• Similar to Section 3B, Fort George properties are excluded. 

There is also a proposed amendment (Amendment 1) which would allow a person to delete the inscription on their current Part A property and inscribe a new (downsized) Part A property even if they do not own both properties at the same time. 

4. Other New Provisions & “Anomaly” Regularisation

In addition to the above, the amendment includes a provision to regularise “anomaly” properties. These are Open Market homes where certain parts (e.g., a room or wing) are not currently inscribed, perhaps due to historic quirks in how the registration was done. 

Regularising such homes means the full dwelling can be inscribed (provided doing so does not create a separate legal unit), which simplifies legal and occupancy matters for owners.

5. Fees, Levy, and Revenue

• There will be application fees for inscription and transfer applications. 
• New inscriptions (especially under IIP) will attract a levy, designed to reflect the increase in property value that comes from an open-market inscription. 
• The States expect these changes to generate at least £1.5 million in additional revenue per year. 

6. Why These Changes Are Being Made

According to the States of Guernsey and the Committee for Environment & Infrastructure:

• There is a need to increase the supply of high-quality open-market housing in a controlled, sustainable way. 
• The changes were developed with broad stakeholder input: property professionals, developers, estate agents, the Open Market Forum, and relevant States’ Committees. 
• By enabling transfers and downsizing, the policy aims to free up the open-market register and also support local-market development, making more efficient use of limited housing stock. 
• The changes offer greater transparency and predictability for inscription applications. 
• Revenue raised will help support broader States finances, and the policy ensures that open market growth is not unchecked. 

7. Practical Implications for Clients

From a legal and practical standpoint, here are some take-homes for different clients:

• Existing open-market homeowners: If you own an inscribed property, you may now be able to transfer that inscription to a new-build development (if you have land with planning permission) or downsize into a smaller local-market home. This could unlock flexibility, especially for long-term residents wanting to right-size.
• Developers: These changes may make development more attractive. By acquiring land and securing inscriptions via transfer, you can build new open-market units more easily and align projects with policy.
• Prospective buyers / investors: New build homes may become available for inscription earlier (via IIP), potentially making them more attractive. But note the cap: only about three new inscription in-principles per year are expected, so it’s still quite limited. 
• Strategically valuable properties: Owners of properties that may qualify under “exceptional circumstances” (e.g., historic, economic, environmental or social benefit) have a clearer path to inscription than before, but each case will be assessed individually.
• Financial planning: Because of the levy on new inscriptions and the transfer mechanics, clients should plan for associated costs and timing carefully. Legal advisers should factor in fees, payment timing, and conditions for conversion from IIP to full inscription.

8. Risks and Considerations

• While IIP is a powerful tool, there is no guarantee of full inscription if conditions are not met (e.g., construction delays, costs, failure to satisfy policy conditions).
• The cap on new inscriptions is tight, which means not every prospective new-build will necessarily succeed in getting an IIP.
• The policy excludes certain properties (e.g., Fort George), so not all open-market owners can use these transfer routes. 
• There may be political or administrative risks: although the law has been amended, applications will be subject to the States’ operational policy and possibly evolving guidance.
• The levy might make new inscriptions significantly more expensive, and clients should weigh value uplift vs cost.

Conclusion

The 2025 amendments to Guernsey’s Open Market Housing Register mark a major policy shift, offering more flexibility and strategic opportunity for inscription, while balancing control and revenue generation. Whether you’re an existing open-market property owner, developer, or a buyer looking at new properties, these changes create new pathways, but they also carry complexity.

As always, when considering applying under the new regime (whether for an IIP, a transfer, or downsizing), it’s wise to seek legal advice early. If you would like assistance with assessing eligibility, preparing your application, and navigating the fee and levy implications, please contact Charlotte Tomlinson, Robin Gist, Alastair Hargreaves, Rebekah Johnston or Aimee Brown.