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To purchase a property in Guernsey (“Realty”), you need to instruct an Advocate (who will pass you to their Conveyancer) to carry out certain checks. Norman French Law remains prominent for the ownership of Realty, and older documents that form part of the title to the Realty are still in French.
Once instructed, we will conduct full searches on the property and neighbouring premises, inspect the site to confirm boundaries and rights, and provide a detailed report. This detailed report uses documents from the Strong Room in the Greffe, where the public records are held. If any issues arise, we’ll meet to discuss them and guide you through the completion of your purchase. The Guernsey process differs from that of the UK, which relies on the Land Registry; instead, the conveyancing process is very ‘hands on’.
When buying Realty in Guernsey, you typically purchase it as freehold, with leasehold being rare and exceptional.
Ownership is subject to eligibility rules, and there are two housing markets:
Open Market – available to individuals who do not qualify for Local Market housing; these properties are limited and more expensive.
Local Market – reserved for those with the automatic right to reside in Guernsey.
Your residential status determines which market you can buy in.
Once an offer is accepted, the estate agent prepares the Conditions of Sale, a contract outlining the agreed terms and any specific arrangements. The purchase price is usually split between the Realty (land and buildings) and Contents (e.g. white goods, carpets, curtains).
Once your Conveyancer advises, you sign the conditions of sale. At this point, you pay the agreed deposit (usually 10% of the total purchase price, but this can be negotiated to a lower figure). When signing the conditions of sale, you must be satisfied with your survey on the Realty, ensure you have received any mortgage offer applied for and received a full report for the Realty.
Once the Conditions of Sale are signed, the completion date is set. You must ensure you are available to attend the Contract Court to complete your purchase, which is held on Tuesdays and Thursdays at 9:30 am, and you must attend with your Advocate/Conveyancer. Alternatively, a power of attorney can be provided to the Advocate/Conveyancer should you be unable to attend. It is an experience not to be missed!
The Contract Court is a sitting of the Royal Court of Guernsey, and although less formal than other courts, there is still a dress code, and your conveyancer would advise you upon this at the relevant time.
At Contract Court, you verbally consent before a Jurat of the Royal Court to the conveyance prepared by your conveyancer and signed by your Advocate. You do not sign the document yourself. If you are obtaining a mortgage, you’ll also consent to the lender’s Bond, which secures the mortgage on the property. Both the conveyance and the Bond are registered on the public records at the Greffe.
The main cost is document duty, calculated on a sliding scale, along with Court, Greffe, and registration fees (payable to the States of Guernsey) plus legal fees. Your conveyancer will provide a full breakdown once you’ve found a property to buy.
Note: Properties may occasionally be sold at auction, which involves a slightly different process. Property purchases in Sark and Alderney also follow different procedures—our conveyancing team can assist if needed.
About the Strongroom:
The strong room holds conveyances dated back to the 1500s to date (the most recent being held electronically). The older conveyances are all handwritten in large books held in the temperature-controlled Strong Room. Part of the conveyancer’s job during your purchase will include investigating the title of the property, which can be especially interesting for older properties and those conveyances written in French will be explained to you by your conveyancer!
If you are thinking of buying a property and would like advice or support, please get in touch with Yasmin or Debbie today, who would be delighted to assist.