Clarifying open market issues

In considering these matters it is important to understand that in the future the focus of the law will be management of the size and make-up of the island's population.

In the past, the use of Part A open market properties to house groups of unrelated adults did not present a problem in terms of protecting local market housing stock. However, given that the number of properties used in this way has increased from 'at least two' in the early1990s when this issue was previously raised, to 121 in 2011 and 154 in 2014, housing just over 1,000 people, it is clear that, from a population management perspective, this situation cannot be allowed to continue unchecked.

Consequently, in 2013 the States agreed proposals to distinguish between Part A homes used as family homes and open market houses in multiple occupation, the latter of which will be registered on Part D of the register. Furthermore, in future, the number of such multiple occupancy properties will be limited and the individuals who live in them will also have limitations placed on their length of residency.

In order to give effect to the new legislation, it is necessary to define a Part A open market dwelling, as this will enable the Population Management Office to determine when such a dwelling is not being used as a family home, which is the use for which they are intended.

The Policy Council considers that the simplest way to achieve this is by reference to the occupiers of the property and therefore is proposing that automatic occupation should, in future, be exactly the same as for local market dwellings. However, as Mr Evans has pointed out, this does not preclude the accommodation of others within the property in question. The only differences from the current situation will be that the permission of the Population Management Office will be needed, whereas at present no permission is required, and, for a person who is not a household member, there may be a five-year time limit on their occupation.

As the majority of open market owners and tenants use Part A dwellings as the family homes they are intended to be, the Policy Council does not consider that its proposals will inconvenience them. Indeed, both the Policy Council and the Housing Department have received complaints from owners of Part A open market properties about such dwellings in multiple occupation, as it is considered that this runs contrary to the general exclusivity and attractiveness of the open market. The current proposals will help to preserve such exclusivity, which is prized by many open market owners.

I trust this explains the reasoning behind the proposals and I would, in closing, reiterate that they deal largely with those who will have automatic right of occupation of Part A open market dwellings. Applications to permit occupation by others will be considered in light of the prevailing policies of the time, and there is no reason to suppose that reasonable requests will not be approved, so long as it is clear that the house in question is still operating as a family home.

Deputy Paul Luxon,

Chairman,

Population Steering Group.