Contact a Lawyer

Register of Property Occupation Act

24.02.2022 News

The Register of Property Occupation Act (the “Act”) has now come into force in Gibraltar for private residential occupiers. The Act requires individuals in occupation of residential property in Gibraltar to make an application to the Registrar of Property Occupation (the “Registrar”) to register the details of all individuals occupying the property.

All private residential property occupiers (i.e. tenants and property owners) are required to make the relevant application to the Registrar within three months of the 24th February 2022 (i.e. by the 24th May 2022). Where the application to the register is made by the occupying tenant, the Registrar may request information from the landlord, which has to be provided within a period of 14 days. If you move house in the future, you are also required to update your details on the Register within three months of your occupation of the new property.

The Registrar has the discretion to accept or reject any application submitted and may request further information from the applicant before issuing a decision. The Registrar may also request an inspection of the property. If the Registrar does reject an application, he is required to give notice of the decision in writing. An applicant may appeal the decision of the Registrar within 21 days of the Registrar’s decision, with the appeal to be heard by the Property Occupation Appeals Board.

A property owner or tenant who fails to submit an application within the required time period, knowingly provides false information in the application or does not allow the Registrar to inspect the Property is liable on summary conviction to a fine up to level 4 on the standard scale (i.e. up to £4,000). A landlord may also be liable on summary conviction to a fine up to level 4 on the standard scale (i.e. up to £4,000) if they do not provide the information requested by the Registrar within the required time period.

Landlords may wish to consider, amongst other things, inserting a clause into their tenancy agreements upon renewal which requires the tenant to submit the relevant application to the Registrar within three months of the date of the tenancy agreement, as required by the Act.

The property department at Triay Lawyers are happy to assist individuals with any enquiries that may arise in relation to the above and can be contacted by e-mail at property@triay.com

Disclaimer:
This document has been issued on the 24th Feb 2022 by Triay Lawyers Limited, trading as Triay Lawyers, a Gibraltar private company limited by shares with registered office at 28 Irish Town, Gibraltar, GX11 1AA and with incorporation number 112599. The information in this document is for general information purposes only and does not constitute professional advice, legal or otherwise and does not intend to be comprehensive. Triay Lawyers does not accept responsibility for any loss that may arise from accessing or relying upon the information contained in this document.

Recent Posts

Triay Lawyers announce the appointment of a new Director

Triay Lawyers is delighted to announce the appointment of Javi Triay as a Director of the law firm (previously known as a Partner appointment).

The draft Bill for a new Gambling Act

HMGoG has issued the Command Paper on the draft Bill to replace the Gambling Act 2005.

Significant judgment impacting misuse of private information claims under the Data Protection Act

By Daniel Herbert

In Underwood & Another v Bounty UK Ltd & Another [2022] EWHC 888 (QB), the High Court of England and Wales dismissed claims for misuse of private information

Update in Parliament in respect of the Co-Ownership Housing Estates

By Daniel Herbert

On Monday 16th May 2022, the Honourable Steven Linares MP provided an succinct update in Parliament on the construction of the Co-Ownership Housing Estates.

Director Jay Gomez appointed to form part of a Working Policy Group for the Government

Director Jay Gomez has been appointed to participate on a working policy group by Minister Albert Isola Minister for Digital and Financial Services, the working group has been asked to advise

New AIFMD dual regime for funds puts Gibraltar on a level playing field with non-EU jurisdictions

Her Majesty’s Government of Gibraltar (“HMGoG”) has today published legislation that creates Gibraltar’s dual regime for experienced investor funds (“EIFs”).

Categories

Similar Articles

Triay Lawyers announce the appointment of a new Director

Triay Lawyers is delighted to announce the appointment of Javi Triay as a Director of the law firm (previously known as a Partner appointment).

The draft Bill for a new Gambling Act

HMGoG has issued the Command Paper on the draft Bill to replace the Gambling Act 2005.

A LEADING INDEPENDENT GIBRALTAR
LAW FIRM WITH A REPUTATION FOR
LEGAL EXCELLENCE SINCE 1905

Tria & Triay Logo