Property advisers to HM Government of Gibraltar
 
 

Decontrol of Dwellings Under Part II of the Housing Act 2007

The following guidance is for Landlords who wish to decontrol a dwelling under the provisions of Section 49 of the Housing Act 2007.

Whereas these procedures are designed to streamline applications by reducing the need for routine site inspections, the Rent Assessor reserves the right to carry out inspections where considered necessary.



Step 1 — Initial Application for Decontrol

The process begins with the submission of the Decontrol Application Form.

Once submitted, the application will be assigned a unique Decontrol Reference Number in the format:

D____

This reference number must be quoted in all future correspondence with the Rent Assessor.

Download the Decontrol Application Form: Link


Step 2 — Pre-Works Condition Report

Before any works commence, landlords must submit a comprehensive Pre-Works Condition Report documenting the current condition of the dwelling. This replaces the former requirement for a mandatory pre-works inspection by the Rent Assessor.


Following review of the submitted documentation, the Rent Assessor may still determine that a site inspection is necessary.


Requirements of the Pre-Works Condition Report:

1. Photographic Evidence

The report must include:

2. Plans

Two sets of plans must be submitted:

Plans should clearly identify and annotate each room and area within the property.

3. Scope of Works

The standard working assumption is that the dwelling will undergo a complete renovation, including:

If any existing fixtures, fittings, or elements of the dwelling are to be retained, landlords must submit a Selective Retention Assessment


Step 3 — Selective Retention Assessment (if any)

Where a landlord wishes to retain any part of the dwelling in its pre-works condition, a Selective Retention Assessment (SRA) must be submitted for approval.

Examples may include:

SRA Submission Requirements

The submission must include:

The request should be submitted by email to the Rent Assessor for consideration.


Step 4 — Post-Works Condition Report

Once the works have been completed, landlords must submit a Post-Works Condition Report. This replaces the previous requirement for a mandatory post-works inspection.

The Rent Assessor may still require a site inspection if considered necessary following review of the documentation.

Requirements of the Post-Works Condition Report


1. Photographic Evidence

The report must include:

2. Description of Works

A detailed description of the works carried out must be provided for each room or area of the property.

Technical language is not required, but the description should be sufficiently detailed and clear.

3. Financial Documentation

The landlord must provide:

This is required to ensure transparency and proper verification of the renovation works.

Step 5 — Certificate of Fitness

Following completion of the works, the landlord must obtain a Certificate of Fitness issued by the Department of Town Planning and Building Control.

The Certificate of Fitness must then be submitted to the Rent Assessor quoting the relevant Decontrol Reference Number (D____).

Once all documentation has been reviewed and the Rent Assessor is satisfied that the requirements have been met, a Certificate of Decontrol may be issued confirming that Part II of the Housing Act 2007 no longer applies to the dwelling.