FOR years many Jamaicans have failed — some deliberately, others out of ignorance — to comply with the law when constructing a new building or expanding an existing one. The Jamaica Observer turned to planning technologist Michael Whittaker in the St James Municipal Corporation’s Planning Department for advice on how to avoid breaking the law.

He’s been in the role for the last three years but has worked at the municipal corporation for a decade. According to Whittaker, common misconceptions include the belief that owning land means the owner “can do anything” with it and, therefore, does not need a building permit.

Others mistakenly think they may begin construction as soon as they have submitted a building plan, while some fail to apply for an amended plan if they intend to make changes after approval has been granted.

As Whittaker explained, the correct procedure is to begin with hiring an architect or draftsman to prepare a plan, submit it to the relevant local authority/municipal corporation, and stick to the approved plan as you build.

The process can be lengthy as local authorities need to get approval from outside agencies, as needed, such as the fire brigade, health officials, National Works Agency, National Environment and Planning Agency, and, in some cases, even Office of Disaster Preparedness and Emergency Management and Water Resources Authority.

It is also worth noting that plan submission fees are not the same across the country and are determined by factors such as category — residential, commercial, institutional, resort, and industrial — and size of the development. In St James, for example, the submission fee for a residential single-family dwelling is $200 per square metre. It’s based on the floor area of the proposed building.

Read on as the planning technologist explains a few crucial steps in the most simplified version of the process.

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

Michael Whittaker (MW): Once all internal and external agencies indicate, in writing, that they are satisfied with the plan, it is presented at a committee meeting [of the local authority] where it is recommended for approval. Once approval is granted by the committee, the applicant will get his/her permit — along with the conditions of approval document. The applicant will get back copies of the plan submitted, with the ‘approved’ stamp on it. The applicant may then go ahead and start construction; but not before.

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

MW: The permit is valid for a maximum of two years. If the person does not begin construction within six months from the date of approval, he/she has to apply to the corporation for a renewal/extension of the permit. The person has to pay a small fee and will then receive a letter stating that he/she has been granted an extension. The applicant may renew the permit every six months if they do not begin construction. However, if two years pass and the person does not begin construction, they are required to resubmit their plan and do the entire process all over again. This is called revalidation.

JOL: How rigorous is the municipal corporation in monitoring projects for which applications have been submitted?

MW: Each application is assigned to a building officer who does a detailed assessment of the plan to ensure that what is on the plan meets all the building code requirements and all the technical requirements. The building officer will also do a site visit to get an idea of the character of the property — whether it is flat land or slope and that it matches up with what is on the plan.

JOL: What may be some of the breaches committed and the related penalties?

MW: There are certain stages of construction at which the applicant is required to notify the corporation for an inspection to be conducted. For example, at the foundation stage, before any concrete is poured, the applicant must notify the corporation. We usually ask for at least three days’ notice. Once we’re notified, the building officer will visit the site, and he/she will inspect the steel work in the foundation as well as the depth of the foundation to ensure all of that meets all the standards, based on the approval of the plan. Failure to notify the corporation before you begin to lay the foundation is a breach and there’s a penalty that may be applied. Under the Building Act that was passed in 2018, they have increased the fines. It’s a fixed penalty in the amount of $1 million and there’s also liability of conviction if it goes to court, so there can be additional fines or imprisonment.

JOL: What if the local authority was not asked, as is required by law, to check the foundation before a builder moves to the next stage?

MW: The building officer would not be able to pass the foundation because he/she did not get a chance to see if the steel work was done properly. What normally entails is that the owner may get a registered structural engineer to do a structural assessment and provide a report to say that, based on their testing, the integrity of the foundation is sound.

JOL: What are other steps in the process where the builder is required to notify the local authority to come do an assessment?

MW: When the builder has done reinforcement of the slab and beams [at roofing stage], he/she needs to notify the corporation to do an inspection. Once the building officer is satisfied that the reinforcement has been done properly, he/she will issue another certificate to say go ahead and pour the concrete [for the slab roof].

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

The builder will do the framing of the roof, but before he/she does any covering of those timber frames the building officer comes and inspects to ensure that the frames have been constructed properly. After approval, the builder can go ahead and do the final covering.

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

MW: Stop notices are served on building work that is unauthorised or may pose a hazard or is dangerous to the public. Enforcement notices are served if building work is being carried out or is proposed to be carried out without a building permit.

Somebody can have a plan, for example, but never submitted it to the corporation to get a permit. In that case we can serve an enforcement notice. One may also be served if work being done breaches any condition of approval for an issued building permit. It requires that the owner or occupier restore the land to its original state before the work takes place, or to comply with the conditions of approval within 28 days.

If a permit is not issued, or they are carrying out work contrary to a permit that was issued and they fail to comply with a stop notice, there’s a fixed penalty of $1.5 million. Plus, there can be additional fines or imprisonment after an appearance in the parish court.

If they fail to comply with an enforcement notice — which are always served only after the stop notice is served — the fixed penalty is $2.5 million and there may be additional fines or imprisonment.

JOL: What if they simply ignore all of these warnings?

MW: That’s where we’ll be able to take it further, to the courts. It can go even up to getting an injunction or, worst-case scenario, once it goes to the court, the court may order that the building be demolished.

But let’s say they built and they didn’t comply, but now they have to comply [for example, based on a court ruling], they still have to submit a building plan. Along with that, they have to get a registered professional engineer to do a structural report on the building that has been erected to indicate whether or not the structural integrity is satisfactory.

If the engineer, in his report, says the building is not structurally safe then, of course, we wouldn’t be able to approve it. If it’s something that can be remedied, then they can go ahead and make the necessary adjustments. But if it cannot be remedied, then 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.

Each application is assigned to a building officer who does a detailed assessment of the plan to ensure that what is on the plan meets all the building code requirements and all the technical requirements.

A new build or expansion of an existing structure both begin with hiring an architect to do a plan.