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5
WQ.73/2019
WRITTEN QUESTION TO THE
MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE BY THE DEPUTY OF ST. PETER
ANSWER TO BE TABLED ON TUESDAY 12th FEBRUARY 2019
Question
In relation to Airbnb' accommodation, will the Minister advise how, if at all, the relevant categories of accommodation (i.e. entire place; private room in house / apartment; shared accommodation) are regulated or controlled by the States of Jersey to ensure compliance with residency laws and landlord controls (e.g. smoke alarms) and how it is ensured that taxes are paid on any income received?
Answer
Jersey does not have a single law that controls the short-term or casual letting of accommodation let via Airbnb' or other similar platforms. While I have endeavoured to answer the question tabled, I am mindful that the underlying question in the minds of most stakeholders will be whether Airbnb-style letting is legal in Jersey.
I administer the Tourism (Jersey) Law 1948, which requires persons letting out premises that accommodate more than 5 tourists at any one time to register their accommodation. Many Jersey properties marketed via Airbnb fall outside the scope of this particular Law. Aspects of Jersey consumer protection legislation, which I also retain administrative responsibility for, can also have a bearing on this type of economic activity.
Residency restrictions and landlord controls are set within the Control of Housing and Work (Jersey) Law 2012 and the Residential Tenancy (Jersey) Law 2011, which are administered by the Chief Minister and the Minister for Children and Housing respectively. Fire safety matters fall within the scope of the Fire Precautions (Jersey) Law 1977, administrative responsibility for which rests with the Minister for Home Affairs. Income Tax law and compliance is ultimately a matter for the Minister for Treasury and Resources. There is also the fundamental question of permitted land use to consider, which is regulated by the Minister for Environment through the Planning and Building (Jersey) Law 2002.
Government is aware that there are currently over 100 premises being marketed to tourists via the Airbnb platform. I trust that all landlords engaging in this activity are making themselves aware of their legal obligations, including the requirement to declare income received. I am equally aware that government could do more to clarify the position for those who wish to engage in short term letting to tourists. That is why I have already instructed officers to make the necessary arrangements for me to meet with the Ministers for Children and Housing, Environment and the Assistant Chief Minister to discuss options to reform the current policy and legislative position.