SAINT VINCENT AND THE GRENADINES [LS. J I ASSENT

Am::adm::ot of

section

principal Ad.

SAINT VINCENT AND THE GRENADINES

ACf NO. 19 OF 1993

[LS.

I ASSENT _

DAVID E. JACK

Governor-General

6th July. -1993

A.N

amend the Town and Country Planning Act, 1992.

6th July. -1993

BE ~ =:NACI'ED by the Queen's Most Excellent Majesty by and

with tht;c. "i..:eand consent of the House of Assembly of Saint Vincent

and the :"~~dines and by the authority of the same as follows:-

-=::is

Act may be cited as the Town and Country Planning

(Amen=r) (No.2) Act, 1993, and shall be read and construed as

one witi =Town and Country Planning Act, 1992 hereinafter referred

to as

the

:Imcipal Act.

2. Section 14 of the principal Act is amended by adding next

after sin-section (3) the following as subsections (4) and (5) -

U(~)

An: ~n found trading or engaging in any commercial activity

in contrsession of an order made under subsection (1) prohibiting such

activity _.::mmmi.tsan offence and is liable

:.~} to have his goods immediately seized and detained for

such time as may be necessary by any officer duly

authorized in writing by the Board;

;tb) on summary conviction to a fine not exceeding one

thousand dollars- or to imprisonment for a term not

exceeding six months".

U(5) ~

a person is convicted of an offence under this section. the

Court~ -

. «1) order the forfeiture of the goods in relation to which the

offence was committed and may order that the goods be

disposed of a.. the Court may direct;

No. 19

Town and Country Planning (Amendment) (No.2)

1993

(b) order the person to desist from engaging in any trading or

commercial activity in relation to which the offence was

committed until such time as the Court may direct."

Passed in the House of Assembly this 25th day of May, 1993.

~-.

J _

.TIffiRESA ADA.\1.S

Clerk of the House of Assembly

Printed by the Government Printer at the Government Printing Office,

Kingstown, St. Vincent and the Grenadines. .

1993

[ Price 80 cents ]

;

No.l~

-..".._'::-__Town and Country Planning (Amendment)

_~ • - .•. I.

1993

'_ (b) in subsection (3) by deleting the fullstop at the end of

the subsection and substituting a colon and adding at the

end of the subsection the following proviso -

"Provided that Cabinet may at any time by instrument

in writing remove any such member and may appoint in

his place any other person to serve for the remaining

term of office of the person removed as may be specified

in the instrument of his appointment which period shall

not exceed two years in any instance."

Passed in the House of Assembly this 25th day of May, 1993.

J. THERESA ADAMS

Clerk of the House of Assembly

Prmed by the Government Printer at the Government Printing Office,

Kingstown. St. Vincent and the Grenadines,

1993

[ Price 80 cents ]

;

1-'

I-

«!

[L.S.

ACf NO. 18 OF 1993

I ASSENT

DAVID E. JACK

Governor-General

6th July,

1993

AN ACf to amend the

Town

and Country Planning

Act,

1992.

6th July,

1993

BE IT

ENACIED

the Queen's Most Excellent Majesty,

and

with the advice and consent of the House of Assembly of Saint Vincent

and the Grenadines, and

the authority of the same; as follows:-

L This Act may

cited as the Town and Country Planning

(Amendment) Act,

1993,

and shall

be read

and construed

one

with

the Town and Country Planning Act, 1992 (No. 45 of 1992) hereinafter

referred to as the principal Act.

Section

of the principal Act is amended -

(a) in

subsection (i) -

(i)

deleting the word "twelve members" and

substituting the words "fourteen members";

_ "-..:<'

Short

titlie

and

CO;ISIIIICri01t

A=ndm:ntof

sedion3of

IriociPal Act

(ii)

paragraph

(a) by deleting the words "the

following ten members of Planning shall

be" and

substituting the words

"the

following eleven

. members

shall

be";

(iii) in

paragraph (b)

by deleting

the

words "not

in the

Public Service."

(iv)

inserting

after sub-paragraph (x) the

following as sub-paragrapb (xi) -

"(xi)

the Warden

of the Kingstown

Town

Board or his nominee."

'-.

• l,. •••••••

'-;-

SAINT VINCENT .AND 1m ·GRENADINES

ACT NO. 2

2005

ASSENT

FREDERICX·

BAILANTYNE

Govc:nar -Geaeral

lst March, 2005

ACT

to amend the Town and Cbnntry Planning Act, l'b. 45 of 1992.

[ lst·March, 2005 ]

. BE IT ENACTED by the Queen's Most Excellent Majesty, by and

with the advice and consent of the Honse of Assembly of Saint Vmcent

and the Grenadines and bythe authority of the same as follows:- .

. L This Act which amends the Town and Country Planning Act,

hereinafter referred to as 1h~priDcipa1Act, maybe cited as the Town and

cOan:tryPlamring(Amendment) Act, 2005, and lfuillcomeinto cperation

on such date as the Governor-General by Proclamation in the Gazette

appoints.

2. Section 2 oftllepriIlcipalActis·amendedb),-

(a) repealing the 'definition of "building" and snbstitnting the

fullowing defurition:

, "building' includes any erection. smctnre or any part of a

building erected on of made

or in or under any lands

whether temporary ocpennanent, and Viherethe contexts SO

permits, includes the land

en,

:inor under Wrich the building

is situated bat does rot ilcludeplant ocmaclrinery contained

in a building;';

(b) repealing the definition of"devel.opmeuf' and substituting

the fullowing definition:

, "development" means the carrying out of building,

demolition, rebuilding, engineering, mining or other

operations in. on, over or under land, the making of any

Short titie and

commencement

Amendment

section 2 of

principal Act

Town and Country Planning (Ameadment)'

2005

No.2

material change in 1he use of any brilding

(I"

<ther land, 1he

subdivision of land and the display of any advertisement;

[the construction of garden

hrrts

(other

than

g3!ages )..gates, .

fences

and -walIs not

exceeding ihree

feet m height

does not

Lconstitute development;'; .

(c)

inserting in their appropriate alphabetical positions, the

following definitions: .

"buildingregnlations" means regu1atians made nnder section .

36P4 '

. "constmction" means to do anything

with

respect to the

erection, installation, extension, material alteration or

repair of abailding;

"demolition" meansthe palling down orremov3I of a building

or anymaterial part thereof; .

"occupancy certificate" means a certificateissued pursuant

to section 16B; .

"permit" means a permit issued pursuant to section 16.i\

a:uth.orising development, a:instrnction cr demolitiOn and

shall be used, interchangeablywith the term- "building

permit";' .

Amendment of

3. Section 3 of the principal Act is amended in paragraph (a) of

section 3 of

subsection (1) by deleting subparagraph (vii) and:inserting 1he :lDllowing-

principal Act

''(viI) theManager of National Properties limited or

his

~ b.e.

nominee;". .

~~ h,;t"'"'...bc.. ' '

4. The principal Act is amended by inserting immediately

after

section 16 the.following sections-

"Building

permits

16A(1) No person shall proceed with

required constrnction

demolitionofa brilding, mless

a permit has been issued therefor by or under

the authorityof'the Board.

(2) TheBoard S:J.allissuea permit:n-

. constructionordemolition ofalxri!dingex.cept-

(a) 'where the construction or

demolition would not be :in

accordance

with

the terms

-and conditions of any

permission for the

development ofland or the

Insertion of new

sections .' 16~

16B

No.2

Town and Country Planning (Amendment)

2005

building regulations, or would

contravene - any other

applicable law;

(b) where the application for the

pernritis incomplete; or

(3)

No person shall make a material

change or cause a material change to be made

a plan, specification, document or other

information onthe basis of which a permit was

issued without first filing details of such change

and· obtaining anihorisation therefor from the

Board. .

(4)

The Boardrnayrevoke a permit-

(a) whereib.epermitwasissuedm

the basis of incorrect or false

information,

(0) where one year after the issue

of the permit, the construction

or demolition in respect of

which the permit was issued

has not, in the: opinion of the

Board been substantially

commenced;

CI"

demolition is, in the opinion of

the Board, substantially

suspended or discontinued for

a period of

more 1hattwo years.

. (5) Nothing in subsection (4) prevents

the issue cf anewpermit fullowing the revocation

of aperni:itunder subsection (4), provided that all

of the conditions of subsection (2) are met.

(6) No person shall develop land,

construct, cause

be constructed or demolish a

building except in accordance with the plans,

specifications, documents and any other

information on the basis of which a permit was

issued or any changes thereto were anthorised,

No.2

Townand Country Planning (Amendment)

2005

(T)

Where the Board issues a

building permit, there shall bereturned to the

applicant one set of the plans, specifications,

surveys and other documents filed with the

application Drthe permit, dearlymarked with

the particulars of the permit issued, and the

applicant shall keep at all times all such

documents andother prescribedrecordsat fue

construction site.

c cup an

16B.(1) Upon the completion of any

c e r t

fie ate

building or land development in substantial

required ~

[email protected],andupon

payment afanyp:="bed:i;,e, fueBoard man

furthwith issue an occupancy certificate.

(2) Subject to the provisions of

subsection(5),no person man a:cupyorpermit

any new building to be occupied unless and

until an occupancy certificatehasbeen.issued.

(3)

Where part of a building

undergoing construction can be occupied

without endangering public safety,th.eBoard

may issuea

iwpwary

certificateofocgrpanc;y

for such part before all work coveredby the

building permit bas been completed,

(4) A temporary certificate of

occupancy may contain such terms and

conditions and shall be subject to such

limitations asfueBoard considersappropriate

and, "VIhere

period:isspecified,shallbevalid

fur:ninety daysfrom its date ofissue andmay

be renewed

necessary.

(5) Notwithstanding the provisions

of subsection(2), it IDallbe Jawfnl-

(a) to occupy a part of a

building in respect ofv;hich

a temporary certificate of

occupancy has been.issued

so long as such occupancy

complies with.the terms of

the temporary certificateof

occupancy therefor; and

I .

.-;

No.2

Town and Country Planning (Amendment) 2005

(b) to occupy a new building by

not more than two

caretakers."

Section

of1he p:incipal Act is amended-

(a) in subsection (1) (a);

(b) in subsection (3);

byinserting after "Act" 1hefollowing:

"or of regulations made thereunder",

Section 31 offueprincipalAct

amended:

(a) in subsection (2) by deleting the words "subsection (2)"

and substituting the following:

"subsection '(6)";

(b) in subsection (6) byinserting after "Act" the following:

."or of regulations made thereunder".

,,7.

The principal Act is fiIrther amended by inserting immediately

after section

the following sections- ' '

" B

din

36A(I)

The Minister may make

regulations to b.

regulations as to the nllowing matters-

made ' .' '

'(a) asto

new baildings-

thepreparation and''''

foundations cfthe site;

(Ii)

the method of

construction, structural

strength and stabiIity;

(iil)

thematerials, including

materials of short life

and their preservation

from decay and

infestation;

(Iv) the space of buildings;

(v) the insulation, lighting

and ventilation of

rooms;

Amendment of

section 18 of

principal Act

Amendment of

section 31 of

principal 'Act

Insertion of new

sections, 36A,

36B,36C,36D

No.2

Town and Country Planning (Amendment)

2005

. (VI)

the dimensions of :rooms

end

spaces;

(vii)

planning standards;

(vill)

fire

precautions and safety;

(Ix)

plumbing and water supply,

(:x)

sanitation;

(xl)

electrical installations and

wiring,

gas installations aitd

piping, and

tele-

commnnicarions services;

QciV

lifts and o1her mechanical

means of conveyance

for

access;

(xii) refuse disposal and emission

of noxious or offensive

substances;

(xiv)

hurricane and earthquake

precautions and protection;

(xv)

means of access to and

egress from buildings;

(XVI)

(xvii)

iow cost housing;

the use ofbuildings or parts

ofbuiidings;

(xviit) matters connected with, or

ancillary to any of the

foregoing matters; ~

(b) as

existing baildings-

(i)

structural alterations or

. extensions

baildings, and

lm:ildings so far as affected

by alterations or ecteasions;

{

No.2

Town and Country Planning (Amendment) 2005

(iI.)

buildings or parts of

buildings in cases

where there is any

material change within

the meaning of this

section, the purposes

for Wrich a building, or

as the case may be, a

part of a building is

used,

and, so far as they relate to the matters

mentioned in this paragraph. regulations made

under paragraph (a), maybe made to apply to

buildings erected before 1he date en which 1he

building regnlati.ons came into nee. .

(2) There

man

be a material change

in the purposes fur which abuilding or part of

a building is used if-

(a) a building, or a part of a

building being a building

part which was not originally

constructed for occupation

as ahouse, or which though

so constructed has been

appropriated to other

purposes, becomes used as

a house;

(b) a building or part of a

building being a building

CB:

part which was originally

constructed for occupation

as a house byone :tamiIyonly,

becomes occupied as

separate establishments by

two or more families; or

special provisions with

respect to lnildings used for

any particular purpose and

a building not previously

Townand Country Planning (Amendment)

2005

No.2

used for that purpose,

becomes so used.

.r-

(3) Buildingregnlations may- _

(a) exempt anybuilding,part of

-abuildingor classofbailding

:from anyoffuerequirements

ofthe regulations;

(b) provide for different

regulations to apply to

different buildings, parts of

buildings or classes of

buildings; or

or impose conditionson any

permit to construct a

building.

(4) Regulations made nuder this

sectionmay include provisions asto -

(a) the depositing of -l'lans,

sections, specifications and

written particulars;

(b) the giving of notices and

certificates;

development (including the

_power to require the

uncovering of development

-which has been covered

prior to inspection);

(d) the testing of drains and

sewers and fhetaking by fhe

Boardor abuildinginspector

ofsamples ofmateria1sto be

used in the construction of

buildings or in fheexecution

of other developments; or

l"-=-

No.2

Town and Country Planning (Amendment}

2005

(e) thep:-escribing

aid

paymeat

of fees.

36B. The Public Service Commission

shall appoint building inspectors to assist the

Physical Planner to enforce the building

regulations,

Approval and

36C. (1) Where plans of any

rejection of plans

proposed development tre, in accordance with

building regulations, deposited with the

Physical Planner, the Physical

Planner

shall

approve the plans, unless -

(a) they are defective;

(b) they contravene any

provision of the building

regulations;

or .

with1hisAct,

Appointment of

building

inspectors

when he shall refer those plans to the Board

together with his written advice thereon.

(2) In

referring plans to the Board

under sabsection

(1)

1he Physical

Hanna

may

rec:omm.endthat 1b.eBoanire1ax or 1.ispensewi1h

any 'requiremeat contained in _the building

regulations where the Physical Planner

considers that the operation __of any such _- -

.requirement would be unreasonable

:in

relation

to that particular case.

(3) Bnildingregulaticmsmayprovide,

as regards any requirement contained in the

regulations, that subsection (2) !hall not

i¥'p1y.

(4) On receipt of any plans on a

referral by the Physical Planner under

subsection (1), the Board may reject 1hosepans

or pass them subject to either or both of the

conditions set out in subsection (6). -

(5) If the Board accepts the

recommendations made

fuePhysical Hanner

under subsection (2), the Board may relax or

Town and Country Planning (Amendment)

2005

No.2

• >

dispense with the requirements of the

building regulations mentioned in that

recommendation and approve those plans.

(6) The conditions mentioned in

subsection (4) are: .

(a) that such modifications

as the Board may specify

shall be made in the

deposited plans; and

(b)

that such farther

plansas

the Board may specify

Shall be deposited,

to bring the plans into conformity with

building regulations:

(J)

The Physical. Planner

shin

notify1b.eperson an Viihosebehalf the plans

have been deposited, within sixty days

"Or

such extended time as agreed by that person,

whether those plans have been: passed or

rejected.

(8) A notice of rejection of plans

shall stateihe defects on account of which

or the building regulation or section of this

Act fur non-confurmitywi1b. which or under

the

authority

ofwhich, the plans have

been

rejected.

(9)

A notice that plans have been

approved shall -

(a) if the plans have been

approved byfueBoard in

exercise of any power to

relax or

dispense

with ary

requirement of building

regulations

this Act,

state the requirements of

the building regulations

or this Act, relaxed or

dispensed with;

- 1

No.2

ThwnandCountry Planning (Amendment)

2005

(b) in any case state that the

notice of approval operates

as an approval thereof OIJly

for the purposes of the

requirements of building

regulations and does not

constitute development

permission.

(10)(a) A person on whose behalf

plans are deposited may applyto the Minister,

before that person substantially commences

any proposed development, to have any

question arising between the Board or the

PhysicalPlanner andthat personastowhether-

(i)

the plans are defective;

(ii)

the development would

contravene1hebuilding

regulations or this Act;

(Iii)

a relaxation of or

dispensing with the

requirements of the

building regulations

ought to have been

granted under

subsection (5),

determined,

(b)

the qnestiem.arising under

this subsection is a failure em.the part of the

PhysicalHanner crtheBoardto decidewhether

the deposited plans aredefective,the Minister

may order the Board to approve or reject the

plans within a time to be specified by the

Minister .

Deposit of plans

be ineffective

after

two years

36D. Where plans of any proposed

development have been ~osited in

accordancewithbuildingregulations andeither

the plans have been approved or notice of

rejection of them has not been given in

accordance with section 36C and the

Town and Country Planning (Amendment)

2005

No.2

development to which the plans relate has not

been completed within two

Je2TS

ofthe deposit

of those plans, 1hedeposit of the pans shall be

of'no effect."

Passed in the House of Assembly this 12th day of October,

2004.

NICOLE HERBERT

Clerk of the House of Assembly.

Piin.ted

1heGovernment Pri)J.teratthe Government Printing Office,

Campden

Park,

St Vincent andthe Grenadines.

2)05

[Price

$7.20]