CHAPTER
200
BUILDINGS REGULATION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Designation and powers of Buildings Control
Officer, Deputy and inspectors. |
Building operations prohibited except under
building permit. |
Application for grant of building permit. |
Conditions of building permit. |
Suspension and revocation of building permit. |
Appeal from decision of Buildings Control
Officer. |
|
Dangerous or dilapidated buildings or
structures. |
Special emergency powers. |
|
|
Penalty for obstructing execution of Act. |
|
Conveyance by Minister of premises to recover
costs when charge exists upon such premises. |
|
Indemnity against certain actions. |
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|
|
Power to waive requirement of Building Code. |
Applications of Act and extension. |
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CHAPTER 200 |
BUILDINGS
REGULATION |
An Act to
regulate the construction, alteration and repair of buildings, to provide for
the re-instatement or removal of dangerous or dilapidated buildings, to
authorise the publication of a building code and for purposes connected
therewith. | 3 of 1971
E.L.A.O., 1974
19 of 1975
9 of 1977
27 of 1984 |
[Assent 7th May,
1971]
[Commencement 1st November, 1971] |
1. This Act may be cited as the Buildings Regulation
Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"building"
includes- |
(a) any part of
a building and any addition to any building of whatsoever nature and in
whatsoever manner constructed, and any plumbing, electrical or other
installation, machinery or plant fixed or attached to any building or property; |
(b) any wall,
fence, retaining wall or similar structure- |
(i) bounded
by or fronting on a public highway, of any height whatsoever; or |
(ii) bounded
by or fronting on property other than a public highway, of a height exceeding
six feet; |
(c) any dock,
bulkhead, pier and any works for the protection of land against encroachment
by, or for the recovery of land from, fresh or salt water; |
(d) any
temporary structure, whether constructed of canvas or of any other material
whatsoever, to which members of the public are intended to be admitted, and any
bleachers, and fair ground or carnival equipment or machinery used or intended
to be used by members of the public; |
|
"Building
Code" means the Building Code published by the Minister under section 17
as amended by him from time to time; |
"Buildings
Control Officer" means the officer designated to be Buildings Control
Officer in accordance with section 3; |
"building
operation" includes- |
(a) the
erection of any building; |
(b) the
carrying out of any structural alteration or extension to any building; |
(c) the repair
of any building; |
(d) the
carrying out of any works whether of a structural nature or otherwise for the
purpose of effecting a material change in the purposes for which any building
or premises is used; |
(e) the
partitioning of any space within a building other than a building occupied as a
dwelling house by one family; |
(f) the
demolition of any building; |
"building
permit" means a building permit issued under the provisions of this Act; |
"Deputy
Buildings Control Officer" means the officer designated as Deputy
Buildings Control Officer in accordance with section 3(2); |
"erection of
a building" includes- |
(a) the
re-erection of any building where an outer wall of that building has been pulled
down or burnt down to within seven feet of the surface of the ground adjoining
the lowest storey of that binding; |
(b) the
re-erection of any frame building; |
(c) the
roofing-over of any open space between walls or buildings; |
(d) the removal
of a building from one site to another; |
(e) the
re-erection upon a site of a building, removed thereto from another site; |
"inspector"
means an officer designated as an inspector by the Minister in accordance with
section 3; |
"Minister"
means the Minister responsible for Building Regulation; |
"occupancy
certificate" means a certificate issued under section 9; |
"owner"
includes the owner, lessee or occupier of any property, and any other person
for the time being occupying or having charge of, or control or possession of,
any property whether in his own right or in the right of his wife or any other
person; |
"premises"
includes messuages, buildings, lands, easements and hereditaments of any
nature; |
"repair"
in relation to a building, means any repair to or replacement of any part of
the building the cost of which, either alone or when taken together with the
aggregate cost of all other repairs and replacements made to the building
during the period of twelve months next preceding the date of commencement of
such repair or replacement, exceeds twenty-five per centum of the current value
of the building; |
"rules"
means any rules made under the authority of section 19. |
(2) For the
purposes of this act, works shall be deemed to be for the purpose of effecting
a material change in the purpose for which any binding is used, if such works
are for the purpose that- |
(a) a building
not originally constructed for occupation as a dwelling house or which though
so originally constructed has been appropriated to other purposes, may be used
as a dwelling house; |
(b) a building
being a building originally constructed for occupation as a dwelling house by
one family only, may be occupied by two or more families; or |
(c) where a
special provision is made under this Act or any rules or the Building Code with
respect to buildings used for any particular purpose, that a building not
previously used for that purpose may be so used. |
3. (1) There shall be an officer in the public service
to be designated as the Buildings Control Officer for the purposes of this Act,
who shall have such powers and shall perform such duties as are assigned to him
by or under the provision of this Act, subject to the general supervision and
control of the Minister. | Designation and powers of Buildings Control Officer,
Deputy and inspectors. |
(2) There shall also be an officer in the public
service to be designated as the Deputy Buildings Control Officer who shall
assist the Buildings Control Officer in the exercise of his powers and the
performance of his duties as Buildings Control officer and he may, subject to
the directions and instructions of the Buildings Control officer, during the
temporary absence of the Buildings Control Officer from the office, lawfully
perform all the duties and exercise all the powers of the Buildings Control
Officer under this or any other Act. |
(3) The Minister
may designate suitably qualified persons to be inspectors for the purposes of
this Act who shall have the powers conferred upon inspectors, and shall perform
the functions assigned to inspectors under the provisions of this Act, any
rules and the Building Code, and such other functions as, subject to this Act,
the Minister may assign to them. |
4. (1) Subject to the provisions of this Act, no person
shall commence or carry on, or cause or procure to be commenced or carried on,
any building operation save under and in accordance with the conditions of a
valid building permit and in accordance with the provisions of this Act and any
rules and the Building Code. | Building operation prohibited except under building
permit. |
(2) Any person who
acts in contravention of the provisions of subsection (1) of this section shall
be guilty of an offence and liable upon summary conviction to a fine not
exceeding one thousand dollars or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment. |
(3) If any work is
undertaken in contravention of the provisions of this section, the Minister,
without prejudice to his right to take proceedings under subsection (2) of this
section in respect of the contravention, may, by notice, require the owner to
pull down or remove the work, and if a person to whom such a notice has been
given fails to comply with the provisions thereof before the expiration of
twenty-eight days or such further period, not in any case exceeding fifty-six
days, as a magistrate may on his application allow, the Minister may pull down
or remove such work, and may recover from him the expenses reasonably incurred
by the Minister in so doing. |
5. (1) An application for the grant of a building permit
shall be made to the Buildings Control Officer in the prescribed form and shall
be accompanied by copies of all plans, drawings, specifications, calculations
and such other particulars including particulars of any permission or licence
which may be required under any other law, relating to the building operation,
as may be prescribed. | Application for grant of building permit. |
(2) The applicant
shall furnish such other or further information or particulars relating to the
building operation as the Buildings Control Officer may reasonably require. |
(3) The Buildings
Control Officer shall, subject to payment of the prescribed fee, grant a
building permit upon being satisfied that the proposed building complies with
this Act and the rules, and meets the standards and specifications provided in
the Building Code, and that any licence or permission required in respect of
the building operation under any other law has been granted; or, if not
satisfied, he shall refuse to grant the permit: |
Provided that the
Buildings Control Officer shall not grant a building permit in respect of a
building operation within the City of Nassau for the purpose of erecting any
outer wall or side of any building of combustible material. |
6. A building permit shall be subject to the following
conditions- | Conditions of building permit. |
(a) that the
method of construction adopted and the materials used in the building operation
shall in all respects comply with the particulars of such construction and
materials, including those contained in the plans, drawings, specifications and
calculations, furnished by the holder of the permit to the Buildings Control
Officer upon application therefor, except in so far as the Buildings Control
Officer may in writing at any time authorise any variation in or departure from
such particulars; |
(b) that all
work carried out under the authority of the building permit shall comply in all
respects with the provisions of this Act, the rules and the Building Code; |
(c) that the
building operation shall be commenced within the time specified in the permit. |
and to such
further conditions as may be prescribed by rules or as the Buildings Control
Officer may in any case impose. |
7. (1) Where, upon the report of an inspector, it
appears to the Buildings Control Officer that the holder of a building permit
has failed to comply with any of its provisions, he may suspend or revoke the
permit: | Suspension and revocation of building permit. |
Provided that the
Buildings Control Officer shall not revoke a permit without first giving to the
permit holder the opportunity to make representations therein to him. |
(2) Where the
Buildings Control Officer suspends a permit, he shall forthwith so inform the
holder in writing, and shall specify the reason for the suspension and the
action required to be taken by the holder, including the taking down or
demolishing of any work which in the opinion of the Buildings Control Officer
is defective, before the suspension may be removed. |
(3) Where the
Buildings Control Officer is satisfied that all action necessary to enable the
holder of the permit to comply with all the conditions thereof has been taken,
he may, by writing, remove the suspension and thereupon the permit shall be as
valid as if it had not been suspended. |
(4) Any person,
who, knowing or having reason to believe that the building permit in respect of
any building operation has been suspended, performs or causes or allows to be
performed, any work in connection with such building operation other than any
work required by the Buildings Control Officer under subsection (2) of this
section on and after the date of such suspension and before the suspension is
removed, shall be guilty of an offence and liable upon summary conviction to a
fine not exceeding five hundred dollars or to imprisonment for a term not
exceeding six months or to both such fine and imprisonment: |
Provided that this
subsection shall not apply to any work performed solely for the purpose of
safeguarding life or property during such period of suspension. |
8. Any person considering himself aggrieved by the
decision of the Buildings Control Officer refusing to grant to him a building
permit, or revoking, or suspending, or refusing to remove the suspension of, a
building permit, may appeal in the prescribed manner and within the prescribed
time to the Minister. | Appeal from decision of Buildings Control Officer. |
9. (1) Upon being satisfied that a building operation
has been completed in accordance with the terms of the building permit issued
for the purpose, the Buildings Control Officer shall issue a certificate to be
known as an occupancy certificate, certifying that the building constructed or
affected by such operation is fit for occupation for the purpose specified in
such certificate. | Occupancy certificate. |
(2) Where the
owner of any building desires to occupy or cause or permit to be occupied, any
building for a purpose other than that specified in the occupancy certificate
in force in relation to such building, he may apply to the Buildings Control
Officer who, upon being satisfied that the building is fit for the purpose, may
issue in substitution of such first mentioned occupancy certificate, an
occupancy certificate certifying that the building is fit for occupation for
such other purpose. |
(3) Any person who
occupies, or causes or permits to be occupied, any building in respect of which
an occupancy certificate has not been issued, or occupies, or causes or permits
to be occupied, any building for a purpose other than the purpose specified in
the last occupancy certificate issued in relation to that building, shall be
guilty of an offence and liable on summary conviction to a fine not exceeding
five hundred dollars and to a further fine of five hundred dollars for every
day during which such offence continues: |
Provided that the
provisions of this subsection shall not apply to any building erected before
the first day of November, 1971, unless such building is affected by any
building operation or material change or use after such date. |
10. (1) If it appears to the Minister that any
building or structure or part of a building or structure- | Dangerous or dilapidated buildings or structures. |
(a) is in such
a condition or is used to carry such loads as to be dangerous; or |
(b) is by
reason of its ruinous or dilapidated condition, seriously detrimental to the
amenities of the neighbourhood, |
he may: |
(i) where the
danger arises from the condition of the building or structure, make an order
requiring the owner thereof to obviate the danger or to demolish the building
or structure, or
any dangerous part thereof, and remove any rubbish resulting from the
demolition within a reasonable time to be specified in the order; |
(ii) where the
danger arises from overloading of the building or structure, make an order
restricting the use thereof until all necessary work to obviate the danger has
been executed to his satisfaction; |
(iii) where the
building or structure is in a ruinous or dilapidated condition, order the owner
to execute such works of repair or restoration, or to take such steps by
demolishing the building or structure or any part thereof and removing any rubbish
resulting from the demolition, as may be necessary for remedying the cause of
complaint within a reasonable time to be specified in the order. |
(2) Any order made
under the provisions of subsection (1) of this section shall be served upon the
owner of the building or structure affected thereby in accordance with section
13. |
(3)
If the person on whom an order under this section is made by the Minister for
the execution of works, or the demolition of a building or structure or of any
part of a building or structure, and the removal of any rubbish resulting from
the demolition, fails to comply with the order within the time specified
therein, the Minister may execute the order in such manner and within such time
as he thinks fit and may recover the expenses reasonably incurred by him in so
doing from the person in default, and, without prejudice to the right of the
Minister to exercise those powers, such person shall be guilty of an offence
and liable on summary conviction to a fine not exceeding five thousand dollars. |
(4)
If the Minister is satisfied that any building or structure or part of a
building or structure, is in such a condition, or is used to carry such loads,
as to be dangerous to persons in the building or any adjoining building, and
that immediate action should be taken for the protection of those persons or
any of them, the Minister may shore up or fence off the building or structure,
and may recover from the owner thereof, the expenses of any action reasonably
taken by him under this subsection. |
11. (1) If, at any time, it appears to the Minister
that any building or structure, or part of a building or structure, is, due to
the occurrence of flood, fire, hurricane or any other disaster (whether caused
by God or man), in such a condition as to be dangerous to persons or property
in its vicinity, and is beyond repair, and that such danger cannot be
effectively obviated by the exercise by him of any of the powers conferred upon
the Minister by section 10, he may cause the building or structure or part of
the building or structure to be demolished: | Special emergency powers. |
Provided that
before so demolishing any building, all articles or things within the building
or its curtilage which, in the opinion of the person charged by the Minister
with such demolition, appear to be of value and to be capable of being removed
without endangering the safety of any person, shall be removed and stored by
the Minister until claimed by the owner, or for a period of twelve months,
whichever may be the less: |
And Provided
further that any measure taken in furtherance of the execution of the powers
conferred upon the Minister by this section shall be such as to cause as little
damage as is reasonably practicable in the circumstances. |
(2) Any expenses
incurred by the Minister in the exercise of his powers under this section shall
be defrayed out of moneys provided by Parliament: |
Provided that
where any articles or things removed from any building or its curtilage in
accordance with those powers have remained unclaimed by the owner for a period
exceeding twelve months, the same may. be sold and the proceeds of sale applied
to the discharge of any such expenses. |
12. (1) Subject to the provisions of this section, the
Buildings Control Officer and any inspector shall, on producing, if so
required, some authenticated document showing his authority, have a right to
enter any premises at all reasonable hours- | Power to enter premises. |
(a) for the
purpose of ascertaining whether there is, or has been on, or in connection with
the premises any contravention of the provisions of this Act, the rules or the
Building Code; |
(b) for the
purpose of ascertaining whether or not circumstances exist which would
authorise or require the Minister to take any action, or execute any work,
under this Act; |
(c) for the
purpose of taking any action, or executing any work, authorised or required by
this Act to be taken or executed by the Minister; |
(d) generally
for the performance by the Minister and the Buildings Control Officer of their
functions under this Act. |
(2) If it is shown
to the satisfaction of a magistrate on sworn information in writing- |
(a) that
admission to any premises has been refused, or that refusal is apprehended, or
that the premises are unoccupied or the occupier is temporarily absent, or that
the case is one of urgency; and |
(b) that there
is reasonable ground for entry into the premises for any such purpose as
aforesaid, |
the magistrate
may by warrant under his hand, authorise the Buildings Control Officer by
himself or by any inspector to enter the premises, if need be, by force. |
(3) The Buildings
Control Officer or an inspector entering any premises by virtue of this section
or of a warrant issued thereunder, may take with him such other persons as may
be necessary, and on leaving any unoccupied premises which he has entered by
virtue of such warrant, shall leave them as effectually secured against
trespassers as he found them. |
(4) Every warrant
granted under this section shall continue in force until the purpose for which
the entry is necessary has been satisfied. |
13. Any notice, order or other document which is
required or authorised by or under this Act to be given to or served upon any
person may be given or served- | Services of notices, etc. |
(a) by
delivering it to that person; or |
(b) by leaving
it or sending it in a prepaid registered letter addressed to him at his usual
or last known residence; |
(c) in the case
of an incorporated company or body, by delivering it to their secretary or
clerk at their registered or principal office or by sending it in a prepaid
registered letter addressed to them at that office; |
(d) in
the case of any notice, order or other document which is to be given or served
on the owner of any premises, if it is impossible or not practicable after
reasonable inquiry to ascertain the name and address of the person to or on
whom it should be given or served, or if the premises are unoccupied, by
addressing it to the person concerned by the description of "owner"
of the premises (naming them) to which it relates and delivering it to some
person on the premises, or, if there is no person on the premises to whom it
can be delivered, by affixing it, or a copy of it, to some conspicuous part of
the premises. |
14. A person who wilfully obstructs any person acting
in the execution of this Act or of any rule, or order or warrant issued
thereunder, shall in any case in which no other provision is made by this Act,
be liable, on summary conviction, to a fine not exceeding one hundred and fifty
dollars and a further fine not exceeding twenty-five dollars for each day on
which the offence continues after conviction therefor. | Penalty for obstructing execution of Act. |
15. (1) Where the Minister has incurred expenses for
the repayment of which the owner of the premises in respect of which the
expenses were incurred is liable under this Act or by agreement with the
Minister, those expenses, together with interest at seven per centum per annum
from the date of service of a demand for the expenses, may be recovered by the
Minister from the person who is the owner of the premises at the date when the
works are completed, or if he ceased to be the owner of the premises before the
date when a demand for the expenses is served, either from him or from the
person who is the owner at the date when the demand is served, and, as from the
completion of the works, the expenses and interest accrued thereon shall, until
recovered, be a first charge on the premises and all estates and interests
therein. | Recovery of expenses. |
(2) The Minister
shall for the purpose of enforcing a charge under this section have all the
same powers and remedies under the Conveyancing and Law of
Property Act and otherwise as if he were a mortgagee by deed having powers of
sale and lease, and of appointing a receiver. |
(3) No charge upon
premises arising under subsection (1) of this section shall prevail against any
purchaser of the premises in good faith for value without notice of such charge
unless and until a certificate in the prescribed form evidencing the charge
shall have been recorded in the Registry of Records under the
Registration of Records Act. |
(4) The Minister
may allow any expenses together with interest recoverable by him under this
section to be payable by instalments within a period not exceeding three years
until the whole amount is paid. |
16. (1) In any case where there exists a charge upon
any premises arising under section 15(1) and that charge has been recorded in
accordance with section 15(3), and the owner of the premises is not known, or
is absent from The Bahamas, or cannot be found, or the title deeds to the
premises cannot be obtained by the 3. Minister, the Minister shall have power,
in addition to any other power under this Act or any other law, in order to
recover any expenses and costs incurred under this Act, which are recoverable
from such owner, to do the following things- | Conveyance by Minister of premises to recover costs
where charge exists upon such premises. |
(a) after the
expiration of six months after such expenses and costs have been incurred, to
cause the premises to be sold by public auction after publishing in three
issues of the Gazette before the date of such auction notice of the
time, date and place of the intended sale; |
(b) to execute
a deed transferring the premises to the purchaser thereof, which deed shall be
under the official seal of the Minister and shall vest the premises in the
purchaser. |
(2) The residue of
the proceeds of any sale under subsection (1), after deduction of the costs of
the sale and of any deed under paragraph (b) of that subsection and of the
expenses and costs in respect of which the sale was made, shall be paid into
the Deposits Fund established by section 14 of the Financial Administration and
Audit Act. |
(3) Any residue
mentioned in subsection (2) shall be paid out of the Deposits Fund to any
person whom the Supreme Court shall certify to be entitled thereto, and such
payment under such certificate shall absolve the Government and its officers
from any further liability for such residue, but shall not prejudice any right
of any other person to recover the same or part thereof from the person to whom
it was paid or his legal representative. |
17. The Minister shall from time to time publish a
code, to be known as the Building Code, which shall specify the standards
required, the methods of construction and building and the material to be used
in any building operation, including provisions as to plumbing and electrical
installations in any building and as to all such other matters of whatsoever
nature for which in the opinion of the Minister it is desirable in the
interests of the safety, including safety from fire, health and welfare of
persons in and about any building, that provision should be made. | Building Code. |
18. No action shall lie against the Crown, the
Minister, the Buildings Control Officer or any person acting under the
authority of the Minister in respect of any loss or damage whatsoever suffered
by any person through the exercise, in good faith, by the Minister, the
Buildings Control Officer or by such person of the powers conferred upon them
by this Act, save only in respect of any loss or damage which arises directly
from the negligence of the Minister, the Buildings Control Officer or of any
such person as aforesaid in the carrying out of any operation in the exercise
of these powers. | Indemnity against certain actions. |
19. The Minister may make rules generally for the
better carrying out of the purposes and provisions of this Act and, without
derogation from the generality of such power, any such rules may provide- | Minister may make rules. |
(a) for
prescribing anything which by the provisions of this Act may be or is to be
prescribed; |
(b) for the
manner of application for building permits, the methods of consideration of
such applications and the form, content and mode of issue of such permits; |
(c) for
conditions to be attached to any building permit or class of building permit
issued under this Act; |
(d) for the
fees to be paid in respect of the issue of any building permit; |
(e) for the
period of validity and the renewal of building permits; |
(f) for the
requirements to be met and observed by owners and building contractors in
connection with any building operation, the inspection of buildings and the
maintenance and operation of any particular category of building; |
(g) for the
procedure governing the issue of occupancy certificates; |
(h) for the
temporary suspension of an occupancy certificate in the event of a building
becoming dangerous or dilapidated; |
(i) for the
licensing of plumbers and electricians and other skilled artisans
connected with the building trades, the fees to be paid in respect of the issue
of such licences, the standards and requirements to be met by plumbers,
electricians and other skilled artisans in the execution of their work, the
standards to be required for different categories of plumber's and
electrician's and other skilled artisans' licences and the prohibition of
unlicensed persons from carrying out plumbing or electrical or other skilled
work in connection with building operations; |
(j) for the
proper disposal of liquid waste products discharged from any building; and |
(k) for the
penalties which may be imposed upon summary conviction for any breach or
contravention of such rules, not exceeding a maximum penalty of six months
imprisonment, five hundred dollars fine or both such imprisonment and fine. |
20. This Act shall bind the Crown: | Crown to be bound. |
Provided that
nothing contained in this Act or in any rules shall be deemed to impose any fee
upon any Department of the Government. |
21. Notwithstanding any other rule of law or practice,
any proceeding for an offence against this Act or the rules may be prosecuted
summarily in the name of the Minister by the Buildings Control Officer or by
any inspector. | Conduct of prosecutions. |
22. Notwithstanding anything in this Act, the
Buildings Control Officer may, upon application being made in the prescribed
form and subject to the approval of the Minister, waive or modify such of the
requirements of the Building Code as he thinks fit in relation to a building
permit. | Power to waive requirements of Building Code. |
23. This Act shall apply to the Island of New
Providence but the Governor-General may from time to time by Order direct that
all or any of the provisions of this Act shall extend, with such exceptions,
adaptations and modifications as may be specified in the Order, to any part of
the Out Islands to be defined in such Order. | Application of Act and extension. |
24. The Buildings Regulations Act is
hereby repealed: | Repeal and transitional. |
Provided that any
permit or sanction issued by the Minister under section 3 of that Act and in
force at the date of commencement of this Act shall be deemed to be a building
permit granted by the Buildings Control Officer under section 5 and shall
continue in force subject to the provisions of this Act accordingly. |