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
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…
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
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…
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
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…
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
10 July 2024
News
In June 2024, The Law Society released the 5th edition of the TA6 Property Information Form. This updated form aligns with the National Trading Standards…
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
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…

Property in England and Wales: Renting with pets

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 using the property for a domestic or private dwelling only and not for any trade or business, or immoral, or illegal purposes.

There are often restrictions such as not creating any nuisance or annoyance to the landlord, and any owners and occupiers of any neighbouring properties.

Such restrictions would typically include provisions prohibiting leaseholders and tenants from causing noise or disturbances which might include antisocial behaviour, or playing instruments, or music devices, so that the same are audible to others on the outside of the property, particularly during night/ unsociable hours.

When keeping pets, renters may face similar restrictions.

In fact, many pet owners across the UK struggle to find accommodation that will accept their pet in the private rented sector. For renters, pet ownership may be banned completely due to provisions in an Assured Shorthold Tenancy agreement, for example. For leaseholders, pets may also be banned by general nuisance clauses in long leases. There may also be restrictions on what types of pets may be kept and the consent of the property owner may be required before a pet can be kept at a property.

Prospective renters and leaseholders must also understand how a ‘pet’ is defined. Factors such as size and breed may influence an owner’s decision whether a domestic animal may be kept or not. Where there is a medical justification for a pet, such as guide dogs or emotional support animals, individuals may be given special allowance by property owners for these animals to be kept at the property.

When buying a leasehold property or renting a property, it is important to carefully check the terms and provisions of the lease or the tenancy agreement to determine whether a pet can be kept or not. Particularly, in case of animal lovers, this is likely to affect their enjoyment of the property.

When a property is to be used as an investment, a full ban on keeping pets is likely to limit the number of prospective tenants (particularly if they are dog or cat owners).

It is worth pointing out that there may be legal recourse where pets are banned, such as through the Consumer Rights Act 2015 if the terms are considered ‘unfair’.  However, this only applies to rental properties (rather than long leaseholds) and may be a costly and time consuming route to pursue.

Also, the controversial Renters (Reform) Bill, introduced to Parliament on 17 May 2023, contains measures to amend the Housing Act 1988 to make it an implied term of an assured tenancy (with some exceptions) that a tenant may keep a pet with the landlord’s consent unless the landlord reasonably refuses. This is expected to become law imminently this year.

Furthermore, landlords in England cannot request a higher tenancy deposit as a security for renting with a pet. As deposits are capped in England since the introduction of the Tenant Fees Act in 2019, landlords might instead elect to charge an extra rent for having a pet.

‘No pets allowed’ is often not set in stone and an open discussion with the landlord or the letting agent would often prove to be the best course of action.

For more information please see: https://www.gov.uk/guidance/renting-with-pets-renters-reform-bill

If you need any further information or legal advice, including conveyancing of a property in England, please contact our designated UKRE team Anna Douglass, Alastair Hargreaves, Caren Vidamour and Naledi Odiseng, who will be delighted to assist.

Excellent client feedback has placed Ferbrache & Farrell in the Chambers & Partners rankings once again. The highly respected legal directory ranks law firms and their lawyers based purely on client feedback.

The firm’s Dispute Resolution department has achieved Band 3 recognition, with five of the firm’s lawyers ranked individually.

For the Corporate department, Counsel Helen McGeoch is highlighted in ‘Associates to Watch’, while founding partner Advocate Gavin Farrell has achieved top tier ranking for Corporate & Finance including Investment Funds.

Advocate Farrell was said to be ‘extremely responsive and commercially aware, which is a must for our most sophisticated clients.’

Clients said that Mrs McGeoch is a ‘very calm and astute lawyer’. This is the second year running that she has been recognised in ‘Associates to Watch’.

Advocate Alastair Hargreaves, who is also the firm’s managing partner and leads the Property and Private Client departments, is ranked Band 2 for property. Alastair was described as ‘super-responsive’ and ‘provides exceptional client service.’

Advocate Robert Breckon received a Band 3 ranking for Dispute Resolution.

Advocate Hargreaves said: ‘We’re absolutely delighted that that only seven years after our inception, the firm continues to grow, and more than holds its own against the larger and longer established law firms in Guernsey, as is demonstrated by such positive client feedback.’

Ferbrache & Farrell was established in 2016 and consists of highly respected individuals with decades of experience and who are all recognised locally and internationally for their levels of expertise in commercial law, property law, private client, UK real estate and dispute resolution.

Earlier this month the firm was recommended across all practice areas in The Legal 500 2024 UK rankings.

Today sees the release of the Legal 500 United Kingdom 2024 rankings. This is a very important publication in the legal world as it offers a myriad of useful information for potential clients, intermediaries, and referrers.

We are absolutely delighted that Ferbrache & Farrell LLP has again been recognised in all practice areas and had another great year of rankings, notwithstanding the firm has only been established for some 7 years.

Gavin Farrell is a ‘Hall of Fame’ lawyer, and Alastair Hargreaves is described as a ‘Leading Lawyer’ in commercial property.

Congratulations to Robert Breckon and Alison Antill for some superb client testimonials, and also to Stuart Nash who is described as a ‘Rising Star’.

In all of these accolades, however, the firm and partners know that it is the sum of all parts, and only due to the concerted team effort throughout the business.

Companies House has just updated its guidance on how it will use various enforcement powers in relation to the Register of Overseas Entities.

The date of 1st August 2023 will mark the first anniversary of the UK Register of Overseas Entities (the main aim of which is to capture information about beneficial ownership of overseas entities that own UK land).

The Economic Crime (Transparency and Enforcement) Act 2022 (the Act) sets out that an overseas entity that owns land in the scope of the Act, or is proposing to own land in the UK, must register with the Registrar of Companies for England and Wales (Companies House).

If registration does not take place, Companies House will initially adopt a help and support approach.  If this does not work, then other remedies will include property restrictions, civil penalties and potential prosecution.

For most recent information and updated guidance see: https://www.gov.uk/government/publications/register-of-overseas-entities-approach-to-enforcement/register-of-overseas-entities-approach-to-enforcement

If you need any further information or legal advice, including conveyancing of a property in England, contact our designated UKRE team Anna DouglassAlastair HargreavesCaren Vidamour and Naledi Odiseng who will be delighted to assist.

Surveys are an incredibly important part of the house buying process. Yes, you can buy a house without a survey, but it would be risky. Every buyer is strongly advised to get a survey from an appropriately qualified chartered surveyor whether it’s the Homebuyer Report or the more detailed Building Survey.

The survey can highlight defects and deficiencies in a property and help you make an informed decision about repairs and alterations that may be needed. A surveyor can also help suggest the boundaries of your property or advise on any discrepancies where further investigation should be carried out. For more details on surveys please download our brochure.

To find out more information about the house buying and selling process in Guernsey or in England & Wales, please don’t hesitate to contact us Alastair Hargreaves and Anna Douglass or any members of our property teams.

Back in June 2022, the Government issued a white paper with proposals to protect tenants in England & Wales in various different ways (https://www.gov.uk/government/news/new-deal-for-private-renters-published-today).  This followed many years of campaigning by private renters and the Renters Reform Coalition.

The white paper proposals included an intention to ban ‘no fault’ evictions, the suggested creation of a Private Renter’s Ombudsman (to settle disputes quickly), the right for a tenant to request to have a pet, and also the requirement that properties are not unsafe or harmful to health (the so called ‘Decent Homes Standard’).  Other measures were also set out to improve standards for tenants generally, and for landlords to be able to evict anti-social tenants more easily.

Today sees the introduction to Parliament of the Renters’ (Reform) Bill 2023, following much fanfare from the Housing Secretary, Michael Gove.

The Department of Levelling Up, Housing and Communities has indicated that eleven million tenants will be affected, with around two million landlords also falling within the remit of the legislation.  Reactions so far have been generally supportive, being described by some as a ‘once in a generation’ announcement, and by others as a Bill lacking detail.

Time will tell the success of the drafting, but in the meantime, any removal of uncertainty for either landlord or tenant cannot be a bad thing.

If you need any further information or legal advice, including conveyancing of a property in England & Wales contact our UKRE team Anna DouglassAlastair HargreavesCaren Vidamour or Naledi Odiseng, who will be happy to assist.

Ferbrache & Farrell’s UK Real Estate team has proudly been involved in the Priaulx Premature Baby Foundation’s (PPBF) recent completion of the acquisition of ‘Frankie’s Den’ – a third property of PPBF situated near Southampton General Hospital and Princess Anne Hospital.

The Foundation already owns compassionate housing known as ‘Aggie’s Burrow’ and ‘Isaac’s Pad’ – two Southampton apartments which they offer to families whose children need special treatment.  The accommodation is in close proximity to the hospital and provides a safe haven, a ‘home away from home’, and offers privacy and comfort to families during these immensely difficult times.

Anna Douglass, who leads Ferbrache & Farrell’s UK Real Estate team, advised on a pro bono basis on all of the conveyancing aspects of the transaction.

Anna said: “I’m so immensely thrilled that that we’ve been able to be involved and support this truly wonderful cause.  The charity has worked tirelessly since its inception to make a difference for our community, local families and children. This cause is very close to my heart, having had the worry of a premature baby myself some 7 years ago, and also having witnessed the traumatic times my close friends experienced in having to unexpectedly deal with an emergency of a medevac flight from Guernsey to Southampton with all the serious implications of neonatal complications and uncertainties. This recent fantastic addition of Frankie’s Den will mean the world to local families in need of a peaceful and comfortable place to stay while their preemie babies undergo vital hospital care.”

Managing partner Alastair Hargreaves said: “Congratulations PPBF! More amazing PPBF news with the addition of Frankie’s Den to Jo & Andy Priaulx’s Foundation. Our UK Real Estate team at Ferbrache & Farrell have been very privileged and delighted to help with the process and to work alongside some truly wonderful unsung heroes on the journey. We are really looking forward to supporting PPBF in the future, and helping those that make the magic happen.”

If you need any information, guidance, or legal advice in connection with conveyancing of a property in England, please contact our designated UKRE team Anna DouglassAlastair HargreavesCaren Vidamour and Naledi Odiseng who will be delighted to assist.

 

After many months of hard work by the Development and Planning Authority, and after a series of debates in the States of Deliberation, the 29th March 2023 was an important day in the world of local planning law.

It is that date which saw the new 2023 Planning Law Exemptions Ordinance come into force, and which replaces the much more restrictive positions that have been with us since 2017.

Government press releases indicate that there are now 132 activities that do not require planning permission, more than double the previous number.

The 2023 Ordinance states that there are now 13 Classes of Exempt Development, ranging from development within the curtilage of a dwelling-house, to agricultural development and to demolition.

By way of practical examples, the following do not require planning permission (with certain caveats):

  1. Re-roofing of dwelling-houses;
  2. Building a porch, or enclosing a porch;
  3. Putting up a freestanding greenhouse;
  4. Replacing a gate, fence or wall;
  5. Installing a swimming pool;
  6. Installing an air source heat pump;
  7. Constructing an earthbank;
  8. Installing post and rail fencing on agricultural land; and
  9. Displaying a terre à l’amende sign.

 

Before embarking on any form of development, it is always advisable to check the 2023 Ordinance, and which can be found by clicking here.

The new position is welcomed, not only for home owners, but also from an administrative perspective since planning applications may now reduce for what would historically have required that step to be taken.

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

Anna Douglass and Alastair Hargreaves highlight the similarities and differences between the laws of Guernsey and the laws of England and Wales in relation to servitudes and easements.

The jurisdiction of the Bailiwick of Guernsey is comprised of three separate legal systems, namely the laws of Guernsey, the laws of Sark and the laws of Alderney.  Whilst there are other smaller islands within the Bailiwick, these are not treated individually and will fall under the relevant laws of the Island to which they are most closely located. We are concerned in this note with the law governing servitudes in Guernsey and how this relates to the broadly equivalent English easement.

 

Background and context

Although less than 180 miles from London, Guernsey is in some respects, a world apart from England and Wales in its legal context. Although influenced by English Common Law, the Royal Court of Guernsey also looks to other Commonwealth jurisdictions and on occasion to French law for solutions when none may currently exist.

Historically, the Bailiwick can trace its legal roots back to the early 10th century and the Norman state. Norman customary law is a cornerstone of the local legal system, and particularly so in the context of real estate, even to this day.

Customary law is in essence an unwritten law introduced by usage, tacitly accepted and observed by those who voluntarily submit to it, and which over an extended period assumes the force of law[1]. As time has passed, various commentators have committed to paper what the relevant customary law was at the time, thereby providing us with a rich and informative reference source for historical research purposes.

In 2023, Guernsey has only a legislative handful of property law related controls, unlike the position in England and Wales with vast numbers of property statutes since the groundbreaking 1925 era.

 

Servitudes: réelles and personnelles

Servitudes have been the subject of much academic treatment over the centuries[2].

The current French Code Civil states at Article 637 that a servitude is a charge imposed on an interest in land for the use and utility of an interest in land belonging to another owner. This definition is equally applicable in Guernsey.

As one may therefore expect, the operation of a servitude requires both a dominant tenement and a servient tenement in separate ownerships.

Although not tested in the Royal Court, a servitude will also be likely to have some of the same characteristics as the test set out in the English Common Law case of Re Ellenborough Park[3].

A servitude in Guernsey may either be a ‘servitude réelle’, or a ‘servitude personnelle’.

servitude réelle is a right in land (a form of ‘immeuble’ in Guernsey) and is thus capable of registration on the records of the Island at His Majesty’s Greffe (records office).

The servitude réelle has been described in the Royal Court case of Russell and Caine v Gillespie[4] as ‘the essence of which being that the burden runs with the servient land (and the benefit with the dominant land), creating a right which could be enforced by successors in title.’

We will return to the three types of ‘servitude réelle’ below, for the comparison exercise with England and Wales.

In contrast to the ‘servitude réelle,’ a ‘servitude personnelle’ is specific to a person and will take the form of a usufructuary right, or a right of occupation. It is not intended to (and nor does it) bind successors in title.

 

The three types of servitudes réelles

Broadly speaking (and inevitably there are exceptions), the three types of servitudes réelles are (1) those which are established by human action/express grant; (2) those which are established by law; and (3) natural servitudes.

A practical example of the first type of servitude réelle would be a ‘tour d’echelle’ (a historic right to place a ladder on a neighbour’s land to repair and maintain one’s own property). Since the coming into force of the Access to Neighbouring Land (Guernsey) Law 2016, the grant of the tour d’echelle has largely fallen out of drafting favour.

An example of the second type of servitude réelle is when a piece or parcel of land is enclavé (the English equivalent of ‘landlocked’). In this instance, Guernsey customary law grants a right of access to the owner of the landlocked property over neighbouring land to the nearest public road and which is to be reached by the shortest feasible route consistent with common sense and minimal harm[5].

Finally, an example of the third type of servitude réelle would be rainwater flowing from higher land to lower land.

 

The Guernsey maxim: ‘nil servitude sans titre’

The maxim ‘nil servitude sans titre’ was expounded by the Rouen academic commentator and avocat, Henri Basnage de Beauval (1656-1710)[6].

It was his position that the customary law at that time stated that no servitude will exist unless it is set out in title (although in the case of a natural servitude réelle, this would be a rebuttable presumption, and equally so for party wall arrangements).

In essence, in the absence of the servitude being formally granted in title, the servitude is unenforceable and cannot be acquired by prescription, regardless of the duration that it may have been informally enjoyed. This is a diametrically different stance to England and Wales.

It is also important to note that a servitude in Guernsey can be lost for non-user (extinctive prescription), as confirmed in the Guernsey Court of Appeal case of Smith v Slawther[7].

These considerations are the starting position for the Guernsey draftsperson today.

Conceptually, the ‘nil servitude’ maxim is a very important yardstick, since if a Guernsey conveyance fails to include a necessary servitude, or if the servitude is not described sufficiently accurately or widely, then it will either not exist at all, or it will exist in an unsatisfactory manner.

There is, therefore, a tendency for Guernsey title documents to be very detailed. In practice, this mischief is solved by more expansive and broader definitions being given.

On occasions in Guernsey when servitudes are non-existent or defective, then the owners of both the dominant and servient tenements will need to consent to a correction of the document in the Royal Court (Contracts Court Division) in the form of a Réforme.

It is not common practice in Guernsey for a registered security holder to consent to such a correction since their security is effectively being improved and it would be incongruous for their consent not to be given.

Guernsey does not have the protective and word-saving provisions set out in Section 62 of the Law of Property Act 1925 (LPA) (and its predecessor, Section 6 of the Conveyancing Act 1881, and to which we now generally turn.

 

England and Wales

England and Wales, unlike Guernsey, has both legal easements and equitable easements. This note focuses on the former.

There are over 10 pieces of supporting legislation in this field, in addition to the ever-present LPA, ranging alphabetically from the Countryside and Rights of Way Act 2000 through to the Road Traffic Act 1988.

It is therefore fair to say that the mainland draftsperson must apply their mind to a multitude of different considerations than their Guernsey equivalent, although the outcome of the grant may very well be similar.

 

Creation of easements

As an express grant of a legal easement must be created by deed and executed by the grantor pursuant to s.65 LPA, then the notion of being recorded in title is a loose parallel to the Guernsey customary law.

The position in England and Wales is further reinforced in the context of registered land. In that case, should the servient land be registered, then the easement must also be registered to operate at law, since it constitutes a registrable disposition[8].

Readers will be familiar with the various other ways in which easements are created such as by statute, through the exercise of compulsory purchase powers[9], for example, by will or by contract.

The degrees of divergence between England and Wales and Guernsey are in the instances of implied grants of an easement. It is the case that the common intention of the parties is sufficient to give effect to a grant, as set out in Pwllbach Colliery Co Ltd v Woodman[10], although this would not be possible in Guernsey.

Equally, in the instances of dispositions of part, Guernsey does not have the equivalent of the rule in Wheeldon v Burrows[11]which requires the consideration of matters such as quasi-easements over retained land having the characteristics of being continuous and apparent, amongst other things.

As previously alluded to, there is no statutory equivalent in Guernsey to s.62 LPA. That statutory mechanism brings with it multiple points for the draftsperson to consider, including the limits of its application and the exclusion of it by contrary intention set out in a conveyance[12].

 

Where there is, however, a degree of similarity between the jurisdictions is in the treatment of easements of necessity. Typically relating to rights of way benefitting landlocked property, early 17th century English jurisprudence[13] already indicated the courts finding favour in arguments that is was the presumed intention of the parties that a right of way would be included as part of any disposal. It is unsurprising that this area is a complicated one, given the need to demonstrate ‘necessity’ to the civil standard, namely on the balance of probabilities.

 

Prescription

It would be a missed opportunity not to mention one of the fundamental differences between Guernsey and England and Wales on the point of prescription.

Although it forms the basis of detailed commentary due to its complexity, the mainland position on the acquisition of a right by long use has some roots in the Roman law requirement of ‘nec vi, nec clam, nec precario’.  This phrase has been translated by Lord Hoffman in R. v Oxfordshire County Council ex p. Sunningwell Parish Council[14] as meaning ‘not by force, nor stealth, nor the licence of the owner’. As one would expect, there are other preconditions to be met for the acquisition to be effective.

Unlike in Guernsey, prescriptive easements can be effective in three ways, namely (1) by Common Law; (2) by the doctrine of lost modern grant (1189); and (3) under the Prescription Act of 1832.  That legislative measure introduced statutory prescription and the now familiar time periods of 20 years and 40 years; the former crystallising the right as a defence to a claim that the right did not exist in 1189 and the latter (basically) establishing the right as absolute and indefeasible[15].

 

Conclusions

Notwithstanding the two very different legal regimes in Guernsey and in England and Wales, and particularly concerning the present subject matter, there are nevertheless similarities.

The treatment of easements of necessity, and natural easements are instances where there is some symmetry, also certain elements of ‘nil servitude sans titre’ and the requirements of Section 65 LPA.

Guernsey customary law has shown itself well able to cope with the nuances of 21st century conveyancing (albeit with some statutory infrastructure and Common Law intervention), and equally England and Wales reach a similar outcome with their legislative framework.

An appreciation of difference.

 

[1] Ferrière, Dictionnaire de Droit et Pratique (1779) as referred to by Adv. GSK Dawes in Laws of Guernsey (Hart Publishing) (2003).

[2] For e.g., Pardessus, Fournel, Basnage, Laurent Carey and Gérard Cornu.

[3] [1956] Ch 131.

[4] 2003-04 GLR 54.

[5] The Rector and Churchwardens of St Saviour v Traisnel and Bougourd (1989) 7 GLJ 51.

[6] Referred to in Fallaize v Gaudion (1987) 5 GLJ 50.

[7] 26 GLJ 79(CA,1998) drawing the distinction between a servitude continue and a servitude discontinue.

[8] S.27(2)(d) Land Registration Act 2002.

[9] S.13 Local Government (Miscellaneous Provisions) Act 1976.

[10] [1915] AC 634.

[11] (1879) 12 Ch 31.

[12] S.62 (4) LPA.

[13] Clarke v Cogg (1607) Cro Jac 170 and Packer v Wellstead (1658) 2 Sid 39,111.

[14] [2000] 1AC 335, see also the Court of Appeal decision in Winterburn v Bennett [2016] EWCA Civ 482 dealing with the meaning of use without force.

[15] S.2 Prescription Act 1832.

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.