Dayton Wood, chairman of the Jamaica Developers Association (JDA), is cautioning builders to be mindful of abuse of a loophole in local laws which is being exploited by some, leading to confrontations with community organisations as well as local and national authorities.

The consequence has been, he outlined, “Types of apartment buildings which have been erected and have proven to be totally out of character with the neighbourhood regarding excessive height and exceeding habitable room density, style of building and lack of natural green space, colours which are aesthetically discordant, and proximity of buildings too close to boundaries without proper setback per floor.”

He also cites that some builders have exhibited a complete disregard for community aesthetics, or beauty and complementary styling with their surroundings.

The chairman said that the JDA, as the problem has increased, is calling for greater oversight and control to the granting of building approvals for new construction of residential strata-type apartment buildings.

Wood told the Jamaica Observer, “The Registrar of Titles has confirmed that the conversion of a single land title to strata titles is not a sub-division within the meaning of the Local Improvements Act, and therefore the surrender of the Certificate of Title for the land to obtain strata titles does not require that the restrictive covenant on any such title against subdivision be removed.

“There has been general abuse of this gap in the law by some developers, who first obtain building permission from the parish municipal authorities and then proceed to construct the strata type apartment building on lands with covenant restrictions against subdivision.”

In a review of relevant law, Wood told the Business Observer, “ Local Improvements Act Section 5 obliges anyone proposing to layout or subdivide land to first seek and obtain approval from the local authority. Section 5 Subsection (4) of the statute states: -‘Some experienced legal minds are of the view that the ‘lay out’ of a site to erect strata type apartment buildings for sale would be covered by the language of the statute above and that the local Parish Municipal Authorities ought to require that the matter be submitted to NEPA (the National Environment and Planning Agency)’.”

He also cited the Town & Country Planning Act Section 12, a provision which enables the National Environment and Planning Agency (NEPA) to oversee the approvals being granted by the local parish municipal authorities to erect strata type apartment buildings. Wood also referred to the Town & Country Planning Act Section 14 in this context.

He noted that the Development Assistance Centre at NEPA was set up under this provision of the statute to facilitate persons intending to develop land.

The chairman said that the JDA is calling for greater oversight and control to the granting of building approvals for new construction of residential strata type apartment buildings.

Wood said, “ NEPA should require of the local Parish Municipal Authorities that under Section 12 of the Town & Country Planning Act, no such building application may be entertained by the local Parish Municipal Authorities unless the applicant has first submitted it for review under Section 14 of the Town & Country Planning Act.”

Referring to the issue of single-family dwellings which are now being converted into strata developments across the island, Wood said, “What is substantially missing from the Jamaican context is a proper developmental framework. There are Provisional Development Orders for all areas of the island that have been prepared by NEPA, but not yet promulgated.

“Once these plans for growth areas are clearly defined and accepted by the Development Industry’s Regulatory Partners (NEPA, municipal authorities, etc) and property owners, then the timelines for the physical (roads, water, sewerage) and social infrastructure works that would be required to be carried out by the GOJ could be prioritised and scheduled for inclusion in the annual budget.”

He added, “ This would reduce the haphazard development that we see going on, but more importantly all citizens, including the developers, would know what 20-40 years in the future would look like for them. In this way, the identification of potential available properties for development would be simpler. While values may rise in the short term, this would only happen in the long-term if there are too many developers chasing a small number of properties. Done properly for the urban areas, this would enhance value all around.”

The chairman, meanwhile, outlined that the body is willing to mentor and accept new industry members. He outlined, “The JDA welcomes applications for membership from developers who satisfy the following criteria: Be recommended for membership by at least two members of the association; have successfully completed a minimum of three development schemes and have a proven track record of dependability and the highest ethical standards.”