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.

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.

2. Open Market Part A properties should be high-quality dwellings in a variety of types, sizes and island locations, aligned with demand.

3. 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.

4. 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.

5. 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.