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
11 April 2025
Insight
At F&F LLP Property Teams (Guernsey Property Team & UKRE Team), we understand that purchasing a property is one of the most significant investments you’ll…
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
20 June 2025
News
This Monday 16 June 2025, the Domestic Abuse and Related Provisions (Bailiwick of Guernsey) Law, 2024 (the Law) came into force, marking a landmark development…
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
04 June 2025
News
Important news for property owners. Some development and building work can be carried out without requiring planning permission, these are known as exemptions. The Guernsey…
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
07 July 2025
News
Halifax has today released its regular review of the UK housing market. In summary, house prices are flat with growth recorded at 0.0% for June…
Private Client

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

Latest Insight
11 April 2025
Insight
At F&F LLP Property Teams (Guernsey Property Team & UKRE Team), we understand that purchasing a property is one of the most significant investments you’ll…

F&F LLP Guernsey Property Update – development within the curtilage of flats and buildings containing flats

Important news for property owners.

Some development and building work can be carried out without requiring planning permission, these are known as exemptions.

The Guernsey Planning Service has published details on Exemptions Class 2, which covers development within the curtilage of flats and buildings containing flats.

For full information, visit the official Planning Service pages.

Our Property Team Alastair Hargreaves, Sarah Gaudion, Knatachaa Cardwell, Kirsty Hart, Alana Marquis, Caren Vidamour, Hannah Damant, Anna Douglass, Robin Gist and Lucy Beere are on hand to assist with all property-related enquiries, including planning.

We are thrilled to welcome Sarah Gaudion and Knatachaa Cardwell to the growing property team at Ferbrache & Farrell LLP.

Their expertise, dedication, and passion for property law make them invaluable additions to our firm.

Sarah is a highly esteemed Senior Conveyancer at F&F LLP, playing a pivotal role in our bustling conveyancing department.

With three decades of experience, she is recognised as one of the island’s most knowledgeable and skilled conveyancers. Her expertise spans the full spectrum of conveyancing procedures, from resolving minor boundary disputes to handling complex property divisions and estate schedules. She has successfully overseen the purchase and sale of some of the island’s largest commercial and residential properties, showcasing her versatility and depth of knowledge.

Since joining F&F LLP in March 2025, Sarah has quickly become an invaluable asset, known for her calm and quick-thinking approach to problem-solving, which is essential in time-sensitive transactions. Outside of work, she enjoys spending time outdoors, walking her dogs, and cherishing moments with her family. Her commitment to excellence and approachable demeanour continue to inspire both colleagues and clients alike.

Alongside Sarah, we are delighted to welcome Knatachaa (Knat), a Senior Conveyancer with over two decades of experience. Since 2003, Knat has honed her skills in conveyancing, specialising in boundary disputes, property divisions, and estate schedules.

She spent the first thirteen years of her career at a prominent local conveyancing practice, representing vendors and purchasers across a diverse range of residential property transactions. During this period, she developed a particular expertise in bond work, collaborating with high street banks and mortgage lenders on numerous bond and lending transactions.

Since joining F&F LLP in April 2025, Knat has continued to excel, primarily focusing on residential property sales and purchases. She is renowned for her friendly, calm, and methodical approach, ensuring that every transaction is handled with meticulous care and attention. At F&F LLP, Knat is celebrated for her practical and quick-thinking problem-solving skills, which are crucial in time-sensitive transactions. Her ability to ensure smooth and successful outcomes for her clients has solidified her reputation as a trusted professional in the field.

Reflecting on the team’s evolution, Managing Partner Advocate Alastair Hargreaves said: “The growth of the property team at F&F LLP is a testament to our commitment to excellence and innovation in the field. Welcoming Sarah and Knat is not just about expanding our expertise – it’s about enriching our culture and driving forward our shared vision. We are thrilled to have them on board and look forward to the contributions they will undoubtedly make.”

The Guidance Note for Making an Application for the Conversion of a Redundant Building has been updated. The latest Version: v2 April 2025 is now available on the Planning Service website under “Conversion of a Redundant Building” at Applying for permissions – States of Guernsey

Key Update relates to the additional information which has been included regarding Policy GP16(B) – Conversion of Redundant Buildings (Demolition & Redevelopment).

To comply with Policy GP16(B)b), both the floor space (measured internally, including all areas with a minimum floor-to-ceiling height of 1.5m) and volume (measuring the external envelope of the building) must be provided for:

  • The scheme approved under GP16(A)
  • The proposed scheme under GP16(B)

A copy of the updated guidance can be found here.

For further details, please visit the Planning Service website. If you have any questions regarding conveyancing requirements and property matters, please contact our Property Team: Anna Douglass, Alastair Hargreaves, Robin Gist, Stuart Nash, Hannah Damant or Caren Vidamour.

 

At F&F LLP Property Teams (Guernsey Property Team & UKRE Team), we understand that purchasing a property is one of the most significant investments you’ll make.

That’s why we emphasise the crucial role of property surveys in the conveyancing process.

Property surveys provide a detailed assessment of a property’s physical condition, uncovering potential issues such as structural defects, damp problems, or the need for roof replacements. These surveys also help to investigate legal matters, such as public access rights, planning permissions, and environmental concerns, which can impact the property’s value and future use.

To assist you further, our team has devised a comprehensive Surveys Guide.

This guide is designed to help you navigate the complexities of property surveys and make informed decisions throughout the conveyancing process.

By prioritising property surveys, buyers can make informed decisions, avoid costly surprises, and ensure their investment is protected. Sellers, too, can benefit by addressing any issues upfront, potentially speeding up the sale process and enhancing the property’s marketability.

At F&F LLP, our experienced team is here to guide you through every step of the conveyancing journey, ensuring a smooth and successful transaction.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Hannah Damant and Caren Vidamour, who will be delighted to assist. For Guernsey property enquiries, please contact Knatachaa Cardwell, Sarah Gaudion, Kirsty Hart and Alana Marquis-Farncombe.

 

 

 

Alastair Hargreaves, a founder and managing partner of Ferbrache & Farrell LLP, has been featured as a Recommended Property Lawyer in the Spear’s 500 Property Advisors Index 2025, launched today.
This recognition is a testament to Alastair’s dedication, expertise, and unwavering commitment to excellence in the field of property law.
His profile can be viewed here.
This year’s edition of The Spear’s 500, often described as ‘the Michelin Guide of wealth’ and ‘the industry benchmark’, features 1,884 profiles of leading advisers across various fields, including wealth management, tax, philanthropy, property, family law, and more.
For property-related legal advice, contact our dedicated property team Alastair Hargreaves, Anna Douglass, Robin Gist, Stuart Nash, Hannah Damant, Caren Vidamour, or your usual contact at F&F.

After much work behind the scenes, the Committee for the Environment and Infrastructure has now released its policy on Open Market part A inscriptions.

On its face, it is more permissive than might have been expected, allowing 3 new inscriptions every year in addition to an unlimited number of “swaps” for downsizing, where an Open Market badge is taken from another property and applied to the new one. Key changes introduced by the policy include improved quality and availability, the collection of revenue, stakeholder collaboration and transparency and equity.

As ever, however, the devil is in the detail and there are some considerable hurdles to overcome before inscription will be allowed, not least the approval of legislation.

Ferbrache & Farrell LLP prides itself on being the only advocates in the island with the required mixture of public and private law experience to navigate what is bound to be a set of careful negotiations with the States of Guernsey.

The policy provides much welcome clarity on the position and can be found here.

There are five policy principles namely:

  1. Part A of the Open Market should support and enhance Guernsey by attracting people to the island who will make a positive contribution to both its economy and its community.
  1. Open Market Part A properties should be high-quality dwellings in a variety of types, sizes and island locations, aligned with demand.
  1. The Open Market Part A should be perceived positively as an attractive element of residence in Guernsey that permits easy relocation to the island for those wealthy enough to afford the properties.
  1. In order to protect the Open Market, the number of new inscriptions onto Part A of the Open Market housing register should be limited to a low number in any given year, and this limit should be carefully monitored.
  1. In order to protect the Local Market housing stock, only prospective new-build properties, or in circumstances where an existing Local Market property is demolished and a new property constructed in its place (also known as a one-for-one replacement) should be eligible for a new Open Market Part A inscription, unless there are exceptional circumstances as set out in guidance provided by the Committee for the Environment & Infrastructure.

Concerning new inscriptions, there will be three per year (on a first come, first served basis), with two criteria both needing to be met:

  1. The property to be inscribed must be a prospective new-build property or a one-for one replacement, for which planning permission has been granted, unless there are exceptional circumstances (as defined in supplementary guidance ); and
  2. At the time the application is submitted, construction has not completed.

Concerning transferring existing Open Market Part A inscriptions to a Local Market dwelling for downsizing, there are again certain criteria, all of which must be met:

  1. Both properties involved in the transfer must be under the ownership of the same applicant; and
  2. The applicant must have 20 consecutive years’ ordinary residence in the Open Market Part A immediately prior to making the application: and
  3. The property from which the Part A inscription is to be transferred must be the applicant’s principal private residence and not form part of the Fort George Estate; and
  4. In the event the property is owned by a legal person (i.e. a company), criteria Two and Three must be met by the ultimate beneficial owner of the company.
  5. The dwelling to which the Part A inscription is being transferred must have a total internal floor area which is at least 25% smaller than the dwelling to be de-registered; and
  6. The dwelling to which the Part A inscription is being transferred must be complete and in a habitable state.

As one would expect, there is requirement for a legislative infrastructure around these important changes, and we will be writing on the subject in the course of our next updates.

For all public law, regulatory and property law matters, including UK Real Estate, please feel free to contact @Alastair Hargreaves or  @Robin Gist  or @Anna Douglass who will be delighted to assist.

For those of us keenly interested in planning law matters affecting our Island community, it is important to be aware of the newly released Island Development Plan (‘IDP’) Focused Review, and the accompanying Guidance Note (from Planning Inspector Keith Holland), both of which can be found here: 

https://www.gov.gg/CHttpHandler.ashx?id=186303&p=0

https://www.gov.gg/CHttpHandler.ashx?id=186321&p=0

Originally adopted in November 2016, for a ten year period (to replace the Urban Area Plan and the Rural Area Plan), the IDP unified planning strategy to deal with matters such as housing, infrastructure, Local Centres and so on.

For the IDP Policies to keep pace with changing society needs, they must be regularly reviewed, and we are currently concluding one such review cycle.

The requirement for review is set out in the Land Planning and Development (Guernsey) Law, 2005, and there is ancillary, secondary legislative support through the Land Planning and Development (Plans) Ordinance, 2007 and the Land Planning and Development (Plans Inquiry) Regulations, 2008.  The review process is marshalled by Mr Keith Holland, mentioned above.

As the IDP affects us all, it is subject to public scrutiny, and members of the public are able to have their say through formal public consultation, known as ‘Initial Representations’.

Topics for comments include:

  • Housing land supply;
  • Employment land supply – offices, industry and storage & distribution;
  • L’Aumone Local Centre;
  • Vazon Local Centre; and
  • Areas of Biodiversity Importance; and – Other Changes (to reflect the above changes or for clarification)

As there is a specific deadline for comments, namely 31 March 2025, procrastination should not feature, and the approved representation form can be found here:

http://www.gov.gg/IDPReview

We are informed that the Development and Planning Authority intended to provide responses to representations in advance of the Guernsey General Election in June 2025, and we will be providing regular updates as usual.

For any planning law matters, please contact Advocates Alastair Hargreaves, Robin Gist and Peter Ferbrache who will be delighted to assist.

“ ‘I do regret it a bit’: Grandfather has a motorway built AROUND his house after turning down £180,000 compensation package” (Daily Mail, 24 January 2025).

As English and Guernsey property law specialists, we often come across news stories which pique our interest.  The headline above and picture below certainly made us pause.

At its most basic, and as the name suggests, ‘compulsory purchase’ is the process by which a public body, often a government, uses legislative authority to override private law rights of ownership to acquire land, in exchange for a payment or other form of compensation.

The act of compulsory purchase is generally used when offers to purchase in more traditional ways (typically negotiations) have not succeeded, and the target land in question is necessary for a significant infrastructure project, or similar.

In England, for example, compulsory purchase powers have been used in relation to the train route for HS2. Statutes and regulations around this subject area include the Levelling-up and Regeneration Act 2023, the Planning Act 2008 and the Compulsory Purchase of Land (Vesting Declarations)(England) Regulations 2017.

In Guernsey, such powers were recently engaged by the States of Guernsey to acquire land for the airport runway extension.  Here, the governing law is the Compulsory Acquisition of Land (Guernsey) Law, 1949, as variously amended (latterly in 2010), and as supported by the Compulsory Acquisition of Land (Guernsey)(Prescribed Forms) Regulations, 2011.

As one would expect, when a public body overrides the private rights of an individual, the legal steps and protections are very complicated and complex.  The process often takes years and may be the subject of numerous legal challenges.

On a human level, many of us may know stories of people who changed the position of a skyscraper, or who altered the landscape by staying put, and such stance often attracts media interest for this reason.

As the photograph below suggests (and ignoring for the sake of artistic licence the jurisdiction of the location), compulsory purchase powers do not always work!

For any property matter in England or in Guernsey, please do not hesitate to contact Anna Douglass or Alastair Hargreaves who will be pleased to assist.

Alastair Hargreaves, founder and managing partner of Ferbrache & Farrell LLP, has been featured as a Recommended Adviser in the Property Lawyers Index, Channel Islands, in the latest edition of The Spear’s 500. This recognition is a testament to Alastair’s dedication, expertise, and unwavering commitment to excellence in the field of property law.

Alastair acts for corporate clients, HNWIs, landlords, and tenants on a wide range of property matters in both Guernsey and England, including the acquisition, disposal, and leasing of commercial property. With more than 25 years’ experience, he specialises in commercial property, planning and environmental law, housing law, and immigration matters. Alastair is also an Advocate of the Royal Court. His extensive knowledge and experience make him a trusted adviser to many.

The Spears 500 is an indispensable guide to the top private client advisers, wealth managers, lawyers, and service providers for high-net-worth (HNW) individuals.

This year’s edition of The Spear’s 500, often described as ‘the Michelin Guide of wealth’ and ‘the industry benchmark’, features 1,884 profiles of leading advisers across various fields, including wealth management, tax, philanthropy, property, family law, and more.

The 10th edition of The Spear’s 500 marks a significant milestone as the original and most comprehensive guide to advisers for ultra-high-net-worth individuals and family offices. The rankings and selections by The Spear’s Research Unit are based solely on merit, making it the most trusted and respected publication in the market.

Ferbrache & Farrell is delighted to be part of such a prestigious guide and to be recognised among the best in the industry.

 

Our UKRE team has devised some handy tips for first-time buyers to help navigate the property market:

1. Understand your budget:

  • Calculate affordability: determine how much you can afford by considering your income, expenses, and savings
  • Get pre-approved: secure a mortgage pre-approval to understand your borrowing capacity and show sellers you’re a serious buyer

2. Research the market:

  • Explore different areas: look into various neighbourhoods to find one that fits your lifestyle and budget
  • Monitor property prices: keep an eye on property prices and trends in your chosen area

3. Save for deposit:

  • Start early: begin saving as soon as possible to build a substantial deposit
  • Consider government schemes: look into schemes and grants available for first-time buyers

4. Factor in additional costs:

  • Stamp Duty: be aware of the stamp duty rates and any upcoming changes
  • Legal fees and surveys: budget for solicitor fees, surveys, and other associated costs
  • Removals

5. Get professional advice:

  • Consult a financial advisor: they can help you understand your financial situation and plan accordingly

6. Inspect the property:

  • Conduct thorough inspections: ensure the property is in good condition and identify any potential issues
  • Check for future developments: research any planned developments in the area that might affect property value

7. Plan for the long term:

  • Think ahead: consider your future needs and how long you plan to stay in the property
  • Resale value: choose a property with good resale potential in case you decide to move later

8. Stay informed:

  • Keep up with market news: stay updated on market trends and changes in property laws

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.