He is concerned that the changes are not human rights compliant and could lead to the States being sued by property owners who have applied to have their homes inscribed on part A of the register, which must be either a new build or a one-for-one replacement of a property already in that category.
Deputy Curgenven has alerted fellow deputies to his concerns and has sent a series of written questions to the new Housing Committee ahead of the draft law coming back to the Assembly for approval on Thursday. He said he has been contacted by several concerned residents and as he understands it there are about 20 to 25 people who applied for permission to have their properties added to part A between October 2022 and late 2024. But the new law is retrospective and so will wipe out these applications.
Ultimately, a further commencement ordinance will allow only three new properties to be added to part A every year.
Deputy Curgenven said he has been made aware that there is already one property owner taking legal action against the president of the Housing Committee.
If the Assembly approves changing the law it will have an impact on the ongoing legal action.
The European Court of Human Rights has consistently held that it is a breach of article six of the human rights law to enact legislation that will change the outcome of any court action to which the state is a party, which is what concerned Deputy Curgenven.
Deputy Curgenven has submitted 15 questions to Housing earlier this week and it has 15 days in which to respond.
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