MAYOR of Montego Bay, Councillor Richard Vernon has dismissed calls for building breaches in major housing developments across St James to be forgiven, suggesting instead a reduction in fees. And he has made it clear that structures which pose an immediate danger will be dealt with, as stipulated by law.

“You don’t forgive building breaches. You correct them. We are not averse to reducing fees to facilitate the process. We believe that everyone should own a home and, importantly, be able to maximise it,” he told the Jamaica Observer.

He opted not to say what the current fees are and what the proposed reduction will be.

“As for fee comparison, I wouldn’t divulge final intent as it is a strategic discussion and would be a premature admission,” the mayor said.

Vernon, who was elected councillor for the Montego Bay South Division on a Jamaica Labour Party ticket, was reacting to a recent suggestion from Councillor Kerry Thomas (Mount Salem Division, People’s National Party).

In a story carried in the Sunday Observer on September 22, Thomas argued that development is being stifled because of unnecessary rules. To make his point, he highlighted the inability of property owners in Cornwall Courts to sell their houses or use them as collateral for loans if they are in breach of building standards. He wants new guidelines for housing developments across the parish, shaped by some aspects of how existing rules were circumvented, and for the slate to be wiped clean of existing breaches.

However, Vernon rejected his colleague councillor’s suggestion and said the Building Act of 2018 lays out very clearly the approach to be taken.

“Building codes and standards were developed to ensure safety and well-being for all. As we deal with critical challenges such as climate change and global warming, these standards will have to be reviewed to ensure more resilient structures and communities.

“Additionally, planning approvals provide for orderly development and the efficient delivery of public services to communities. It is within this context that Councillor Thomas and those of this school of thought must be guided,” the mayor told the
Sunday Observer last week. “Those purported ideologies are dangerous as they promote urban sprawl, anarchy, and a generally chaotic built environment. In other words, forgiving breaches as opposed to correcting them promotes unsafe construction/buildings, an unsafe and unsustainable environment, and ultimately places our lives at risk.”

He stressed that structures in breach can be approved if corrective action is taken.

“There is an established process to remedy breaches in an effort to legitimise buildings that were constructed without a permit. That’s the recommended option, as opposed to forgiving them,” the mayor argued.

“Where buildings are deemed imminently dangerous by the city engineer then the requisite actions will be taken, as dictated by the law,” Vernon added.

However, a more forgiving approach will be taken to structures with breaches that do not pose an immediate threat to occupants or anyone in their vicinity.

“I don’t see us knocking down buildings any time for the foreseeable future. However, we won’t be forgiving construction that topples building codes and standards to facilitate sales or loans,” Vernon said.

Asked if the local authorities are merely banking on the inconvenience of doing financial transactions when a building is in breach as a way to keep property owners in line, he said other measures are being explored.

“We are putting mechanisms in place — including the squatter management policy — to curtail unplanned and unpermitted development,” Vernon assured.

Thomas had pointed to Cornwall Courts and Catherine Hall — two of the larger developments in St James — as being rife with building code breaches. Vernon also acknowledged that there are significant issues at the two locations. He was unable to say how many structures in both communities are in breach.

“While there is a significant number of breaches in both communities, we haven’t checked the percentage. Nonetheless, we will pursue that as it is useful data to monitor. Many property owners have reached out for assistance upon realisation that the breaches render the property legally unsellable and severely affect the real estate value,” he said.

Like Thomas, Vernon is keen on engaging community members as they move forward. He said efforts are underway to establish a Community Monitoring Council (CMC) that will “give communities a good shot at participating in the governance of their communities — which is the essential justification of local government”.

A September meeting to set an implementation date for the CMC failed to get off the ground. Vernon said a new date will be decided “soon”.