Residency criteria for access to Government housing increases to 15 years

The number of years a person must live in Gibraltar to be eligible to join the Gibraltar Government’s housing list has been increased from 10 to 15 years.

The Housing Allocation Scheme Rules have been amended this month to safeguard and protect Gibraltar and its identity, the Minister for Housing Pat Orfila has told the Chronicle.

Ms Orfila explained the criteria has been changed due to necessary updates ahead of the implementation of the UK/EU treaty on Gibraltar.

The Government had to suspend residency applications in October last year after an influx of applications following the announcement of that a treaty agreement had been reached.

Ms Orfila pointed to this and described how Gibraltar is a very attractive place to live.

She said this amendment to the housing rules will protect Gibraltar and ensure that Government housing stock remains for Gibraltarians and those who have lived locally for a continuous period of 15 years.

Previously, the criteria was that people could apply for housing after 10 years of residency in Gibraltar.

The rules have also been changed for those who have lived locally for 15 years but have moved away and seek to return.

A Gibraltarian who has previously lived locally for 15 years, but in the years since has lived abroad, must prove 12 months of continuous local residency prior to applying to the housing list.

Ms Orfila added that there is now more clarity in the points system. She described how an applicant’s living situation will be clearer to see via the points system.

She said this does not mean that people will be changing positions in the housing waiting list. The exercise, she explained, is so that a “better picture” can be observed from the points system.

Discretionary points can now be awarded at a maximum of 1000 points. Ms Orfila said this can take place in very exceptional circumstances.

Another change is that houses will be assessed by square metres rather than square feet, which she said has been the case since 1994.

The rules have also been modernised to include common law partners and civil partnerships.

Ms Orfila said that couples no longer need to be married to be considered partners.

The amendment has also introduced higher penalties for providing false information to the Housing Allocation Committee. The fine has increased to £1,000.

The eligibility benchmark for a person who has previously owned a residential property where the sale has generated a profit has increased from £50,000 to £60,000.

This means that someone who has sold a house and obtained £60,000 or less in profit can qualify for the housing list. Those who exceed this profit value are ineligible.

ACTION FOR HOUSING

In response to the changes to the allocation rules, Henry Pinna from Action for Housing said that 15 years’ residency for eligibility on the housing list is excessive.

In his view, those individuals would be paying taxes and social insurance locally for 15 years before having access to housing.

Mr Pinna said that the Housing Allocation Committee should be more transparent and explain when decisions are made to reject a person’s application.

He said this means that a person cannot appeal as they do not know how to better meet the criteria.

Regarding the increased benchmark for profits made on previous properties, Mr Pinna added that some cases should be allowed to apply for affordable housing.

He gave the example of a couple divorcing and selling a house on the open market, where each person takes a £70,000 profit. As a result, both are barred from the housing list.

Mr Pinna described how that is it difficult for someone to be expected to buy a house on the open market with £70,000, particularly if they are of an age where securing a mortgage is difficult. He said the alternative to rent on the open market and this could drain the person’s funds.

He believes in these cases a person should be able to apply for an affordable house.

Mr Pinna also took issue with the points system. He believes that people should not be awarded points solely for the length of time they have been on the list as this can disadvantage those in an acute housing crisis.

He proposes a system on a case-by-case basis rather than historical waiting times.

He added that the current points system excludes living rooms from points awarded for overcrowding. He thinks living rooms should be counted as there are instances of people using living rooms as bedrooms in overcrowding situations.