Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
Building construction lawlessness — inefficiency, incompetence or corruption? Part 2
Developers know what they got approval to build, but some of them proceed to build something completely different.
Columns
Bruce Golding  
September 4, 2022

Building construction lawlessness — inefficiency, incompetence or corruption? Part 2

In Part 1 we sought to locate responsibility for the lawlessness taking place in relation to residential construction, especially in the Corporate Area. We dealt with the chief regulatory agency, the Kingston and St Andrew Municipal Corporation (KSAMC), its responsibilities and the powers given to it by law to discharge those responsibilities.

But there are the developers — the prime culprits. They know what they got approval to build but some of them proceed to build something completely different. And, it is not that they decided to change the plans in mid-stream. They jolly well knew what they intended to build from the start but they prepared two sets of plans — one that met the legal requirements and for which they knew they could get approval; and a separate one, usually with many more units that they knew could not get approval, but that is what they were determined to build because that is what would give them the biggest profit.

It gives them an unfair advantage over other developers who abide by the law since they are able to beat them in the selling price of the units. Those who play by the rules, it was famously said, get shafted. Inefficiency, incompetence or corruption?

What about the Real Estate Board? Section 35 of the Real Estate (Dealers and Developers) Act requires that developers be licensed. The KSAMC, commendably, posts on its website on a quarterly basis the projects for which it has granted approval. Is the Real Estate Board monitoring these projects to see whether the developers are licensed? What does it do about those who are not licensed? Does it bother to determine whether any of its licensed developers is acting illegally, that is, in contravention of the approved building plans? If not, what is the purpose of licensing them? And if it is found that the developer is acting illegally, what does it do about his licence? Inefficiency, incompetence or corruption?

There is plenty of blame still left. What about the architect who supervises the construction? He has to be licensed under the Architects Registration Act. He knows what was approved but may be quite happy to supervise something that he knows is different from what was approved. Should his licence not be reviewed? Inefficiency, incompetence or corruption?

What about the contractor? He cannot build without a detailed set of plans that must be readily available if and when the building inspector arrives. The approved plans carry the stamp of the KSAMC. Should he get off scot-free when he is using a set of plans that he knows was not approved? And should he continue to be an approved contractor under the National Contracts Commission?

What about the quantity surveyor? He has to issue a certificate showing how much work has been completed before the contractor can be paid. He, too, has a set of plans that he is in a position to know is different from what was approved. Should he be let off the hook?

I’m not done yet. What about the banks and insurance companies? They are the ones who provide the financing for most of these projects. They know what was approved because they require that information before they approve the financing. The only thing they don’t require may be your Sunday School attendance record. They know when what is being built is different from what was approved because it is the number and size of units that are to be sold that they use to calculate how they will get back their money and the interest. But they seem to be quite happy to go along with the scheme, illegal though it is. Inefficiency, incompetence or corruption?

Covenant restrictions are an issue that must be addressed. The stipulation that only one dwelling unit can be built on a two-acre lot is of colonial vintage, baronial and anachronistic. Populations grow; land space doesn’t. If Singapore, which is smaller than the parish of St Thomas but has twice the population of Jamaica, had our type of restrictive covenants it would not be the First World country it is. This is an issue that must be addressed by legislation that will have to contend with the property rights provision in our constitution. But until that is done, covenants have to be respected. That is the law.

I am happy to see that the courts are becoming more assertive in dealing with cases that are brought before them. One Supreme Court judge actually left her bench to visit a project on Roseberry Drive, where residents in the neighbourhood filed action, to see for herself what was going on. I commend her strongly. That is the kind of judge activism that we need to see more of. But if the systems that are in place were being faithfully observed the residents would not have had to incur the trouble and expense of going to court.

It is only when we get serious, when the violators and their facilitators start to feel it in their pockets, that they will “straighten up and fly right”. When developers find that they will have to tear down the concrete and steel that they borrowed so much money to erect, they will start behaving themselves. When the architects and quantity surveyors find that they may lose their licences, and building contractors find that they may be deregistered if they go along with this illegality, they will start telling developers ‘No, we cant do that!’

When the banks and insurance companies find that some of the money they advanced for these projects may not be recoverable and they will now have to settle for what they can squeeze out of the developer (if they can find him), they will then start to insist that the projects they finance must conform with all the requirements of the law.

It is time to straighten up and fly right.

Bruce Golding served as Jamaica’s eighth prime minister from September 11, 2007 to October 23, 2011.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

SERHA hospitals modernised with advanced VoIP telephone system
Latest News, News
SERHA hospitals modernised with advanced VoIP telephone system
June 12, 2026
KINGSTON, Jamaica — The South East Regional Health Authority (SERHA) has successfully implemented a modern Voice over Internet Protocol (VoIP) telepho...
{"jamaica-observer":"Jamaica Observer"}
USF brings free connectivity to western Jamaica through ‘Connec’ Di West’ road tour
Latest News, News
USF brings free connectivity to western Jamaica through ‘Connec’ Di West’ road tour
June 12, 2026
WESTMORELAND, Jamaica — The Universal Service Fund (USF) has launched 19 community and public Wi-Fi sites across Westmoreland, providing thousands of ...
{"jamaica-observer":"Jamaica Observer"}
Cuba opens more sectors to private business amid US pressure
Latest News, Regional
Cuba opens more sectors to private business amid US pressure
June 12, 2026
HAVANA, Cuba (AFP) — Cuban President Miguel Diaz-Canel on Friday announced greater freedoms for small businesses across the country, as the communist ...
{"jamaica-observer":"Jamaica Observer"}
Sangster International Airport achieves Level 3 ACI Airport Carbon Accreditation
Latest News, News
Sangster International Airport achieves Level 3 ACI Airport Carbon Accreditation
June 12, 2026
Sangster International Airport (SIA) has been officially upgraded to Level 3 of the Airports Council International (ACI) Airport Carbon Accreditation ...
{"jamaica-observer":"Jamaica Observer"}
Reggae Boyz Captain Andre Blake named face of the Pepsi ‘Football Nation’
Advertorial, Latest News, Sports
Reggae Boyz Captain Andre Blake named face of the Pepsi ‘Football Nation’
June 12, 2026
Pepsi-Cola Jamaica has officially launched its Football Nation campaign in Jamaica, naming national team captain Andre Blake as the local face of the ...
{"jamaica-observer":"Jamaica Observer"}
USA play first World Cup finals game on home soil since 1994
Football, International News, Latest News, ...
USA play first World Cup finals game on home soil since 1994
June 12, 2026
LOS ANGELES, United States (AFP) — The United States (US) begin their World Cup challenge on Friday, taking on Paraguay in the first game in the tourn...
{"jamaica-observer":"Jamaica Observer"}
43 JCF members graduate from Jamaican Sign Language and Deaf Culture Training Programne
Latest News, News
43 JCF members graduate from Jamaican Sign Language and Deaf Culture Training Programne
KEDIESHA PERRY Observer writer 
June 12, 2026
Forty-three members of the Jamaica Constabulary Force graduated from a seven-week Jamaican Sign Language and Deaf Culture Training Programme at a clos...
{"jamaica-observer":"Jamaica Observer"}
OUR sets up internal team for JPS blackout investigation
Latest News, News
OUR sets up internal team for JPS blackout investigation
June 12, 2026
KINGSTON, Jamaica — The Office of Utilities Regulation (OUR) has established a special internal team to oversee its investigation into the islandwide ...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct