Beware of building violations – Jamaica Observer

FOR YEARS, many Jamaicans have failed to comply with the law – some intentionally, others out of ignorance – when constructing a new building or expanding an existing building. The Jamaica Observer contacted planning technologist Michael Whittaker in the planning department of the St James Municipal Corporation for advice on how to avoid breaking the law.

He has been in the role for three years but has been with the municipal corporation for a decade. Whittaker says common misconceptions include the belief that owning land means the owner can “do anything” with it and therefore doesn’t need planning permission.

Others incorrectly assume that they can begin construction once they have submitted a building plan, while others fail to apply for an amended plan if they want to make changes after approval has been granted.

As Whittaker explained, the correct procedure is to first engage an architect or draftsman to draw up a plan, submit it to the relevant local authority/municipal authority and follow the approved plan when building.

The process can be lengthy, with local authorities having to seek approval from external authorities if necessary, such as the fire service, health authorities, the National Works Agency, the National Environment and Planning Agency and, in some cases, even the Office of Disaster Preparedness Emergency Management Agency and water resources.

It's also worth noting that plan submission fees are not the same across the country and depend on factors such as the category – residential, commercial, institutional, resort and industrial – and the size of the project. In St. James, for example, the filing fee for a single-family home is $200 per square foot. It is based on the footprint of the planned building.

Read on as the planning technologist explains some crucial steps in the simplest version of the process.

Jamaica Observer Limited (JOL): When can construction legally begin?

Michael Whittaker (MW): Once all internal and external agencies report in writing that they are satisfied with the plan, it will be presented at a committee meeting [of the local authority] where it is recommended for approval. Once the committee grants approval, the applicant receives their approval – along with the terms of the approval document. The applicant will receive copies of the submitted plan stamped “Approved”. The applicant can then begin construction; but not before.

JOL: Is there a deadline for construction to begin once approval is granted?

MW: The residence permit is valid for a maximum of two years. If the person does not commence construction within six months from the date of approval, he or she will have to apply to the Corporation for renewal/extension of the approval. The person must pay a small fee and then receives a letter informing them that they have been granted an extension. The applicant can renew the permit every six months if he does not start construction. However, if two years pass and the person does not start construction, they will have to resubmit their plan and go through the entire process again. This is called revalidation.

JOL: How closely does the city administration monitor the projects for which applications have been submitted?

MW: Each application is assigned to a building official who carries out a detailed assessment of the plan to ensure that the information in the plan meets all building code requirements and all technical requirements. The planning officer will also carry out a site visit to get an idea of ​​the character of the property – whether it is a flat site or a sloping site, and to ensure that it complies with the plan.

JOL: What might be some of the violations committed and the associated penalties?

MW: At certain stages of construction, the applicant must inform the company that an inspection will be carried out. For example, at the start-up stage, before concrete is poured, the applicant must notify the company. We generally ask for at least three days' advance notice. Once we are notified, the building official will visit the site and inspect the steel work in the foundation as well as the depth of the foundation to ensure everything meets all standards based on the building official's approval plan. Failure to notify the Company before commencing the groundbreaking is a violation and may result in a penalty. With the building law passed in 2018, they increased the fines. It is a fixed penalty of $1 million and there is also the risk of conviction if it goes to court, so additional fines or prison time may apply.

JOL: What if the local authority was not required, as required by law, to inspect the foundation before a builder proceeds to the next phase?

MW: The building official could not pass the foundation because he/she did not have the opportunity to see whether the steel work was done properly. Typically this means the owner can hire a licensed structural engineer to conduct a structural assessment and provide a report stating that the integrity of the foundation is sound based on their testing.

JOL: What further steps in the process are there that require the developer to notify the local authority to carry out an assessment?

MW: If the contractor has reinforced the slab and beams [at roofing stage]he/she must notify the company to conduct an inspection. Once the building official is satisfied that the reinforcement has been properly carried out, he/she will issue another certificate confirming that concreting should begin [for the slab roof].

If the building has a wooden roof, an assessment is also required at the final stage of construction.

The contractor takes care of framing the roof, but before he/she covers the wooden frames, the building official comes and checks whether the frames were built properly. Once approved, the builder can begin the final covering.

JOL: How are stop notices or enforcement orders used to ensure compliance?

MW: Stop notices will be served for construction work that is unauthorized or poses a hazard or may pose a danger to the public. Enforcement notices are served when construction work is being carried out or planned without a building permit.

For example, someone may have a plan but never submitted it to the company for approval. In this case we can serve an enforcement notice. Delivery can also take place if the work carried out violates the approval requirements for an granted building permit. It requires the owner or user to return the property to its original condition before work begins or to comply with the permit conditions within 28 days.

Failure to issue a permit or carrying out work in violation of an issued permit and failure to comply with a stop notice will result in a fixed penalty of $1.5 million. In addition, an appearance before the parish court can result in further fines or imprisonment.

If they fail to comply with an enforcement notice – which is always served only after the notice is served – the fixed penalty is $2.5 million and additional fines or prison time may be imposed.

JOL: What if they just ignored all of these warnings?

MW: We can take further action there, in court. There may even be an injunction, or in the worst case scenario, once it goes to trial, the court may order the building to be demolished.

But let's say they built and didn't comply, but now they have to comply [for example, based on a court ruling]you still have to submit a construction plan. In addition, they must engage a registered professional engineer to prepare a structural report on the constructed building to indicate whether the structural integrity is satisfactory or not.

Of course, if the engineer determines in his report that the building is not structurally safe, we cannot approve it. If the problem can be resolved, they can make the necessary adjustments. However, if the problem cannot be resolved, the only option is to demolish the building.

If the structural integrity of the building is not sound, we cannot allow anyone to occupy it.