Guernsey's new housing legislation

An original version of this article was first published in Issue 18 of Guernsey Property and Construction magazine, November 2025.

On 6 March 2025, the States of Guernsey approved new housing standards legislation, titled the Housing (Standards,
Landlord Registration and HMO Licensing) (Guernsey) Ordinance, 2025.

This new legislation implements housing standards and regulation for the private residential sector, representing a significant overhaul of rental housing law. Certain parts of the legislation came into force on 1 July, with the remaining parts still to be implemented.

Minimum standards for rented dwellings

The legislation provides that rented dwellings must comply with minimum standards from 1 July 2025, and separate regulations have been passed to set the specific standards to be met. Some of the key requirements include:

• Structural safety and repair: Landlords must maintain rented dwellings, building exteriors, common areas, outbuildings, and boundary structures in structurally sound and safe condition. The repair obligations on landlords apply when disrepair affects an occupier's enjoyment of the dwelling.
• Essential facilities: All rented dwellings must provide indoor access to a toilet, bath/shower, a wash basin with hot/cold water, food preparation space, two cooking hobs, and an oven. Adequate heating for living/sleeping rooms is required, with accessible controls for temperature adjustment. Landlords must also maintain utilities (electricity, gas, water, lighting), food storage facilities, postal delivery systems, and effective drainage in good repair.
• Safety standards and inspections: The legislation establishes safety requirements for rented dwellings across various areas. Electrical installations must meet the prescribed standards and undergo inspections by qualified persons every five years, with all existing properties requiring inspection by 1 January 2026 if not recently tested. Oil-fired combustion appliances require annual inspections by qualified persons, with existing appliances also subject to the 1 January 2026 deadline if overdue for testing. Landlords must also comply with existing obligations under the relevant gas and fire safety legislation.

Housing health and safety rating system

The legislation establishes a tiered enforcement system based on hazard categories, and separate regulations have been passed to set the prescribed rules. The system identifies 29 specific hazard categories including damp and mould, temperature extremes, toxic exposures, structural dangers, fire hazards, and inadequate facilities for hygiene, food safety, and water supply. The numerical scores place hazards into bands A through J, with bands A-C (scores 1000-5000+) classified as Category 1 hazards requiring mandatory enforcement action, and bands D-J (scores below 1000) as Category 2 hazards allowing discretionary enforcement.

Available enforcement tools for authorised officers include improvement notices requiring specific remedial work within set timeframes, prohibition orders restricting property use, hazard awareness notices providing information about risks, and emergency remedial action for imminent dangers.

Landlord and property registration

The legislation proposes to establish a registration system requiring all landlords to register themselves and their rental properties within 28 days of becoming landlords.

When implemented, landlords must complete specified forms with detailed information and pay prescribed fees.

Licensing for houses in multiple occupation (HMOs)

The legislation proposes to introduce an HMO licensing regime, which is also yet to be implemented.

HMOs are defined under the legislation as dwellings with more than two people from multiple households sharing basic amenities, with at least one person paying rent. All HMOs that require registration must also obtain HMO licenses, which authorise occupation by specified maximum numbers of households or persons. Landlords must apply through prescribed forms with applicable fees.

Conclusion

This new legislation represents a major change, establishing robust standards and enforcement mechanisms designed to protect tenants while providing clear guidance for landlords.

Tenants may wish to seek legal advice to understand their rights, as may landlords to know their obligations and ensure their properties remain compliant.