(Act 0[2011)
ARRANGEMENT OF SECTIONS
Part I. Preliminarv
Building Officials
Building Surveyor
3 I. Certificate of compliance.
35. Power of building official, etc., to enter and inspect building, work, and
offence to obstruct.
Stop Sotices
41. Stop notices.
Enforcelllcnt Notice
Injunction
44. Application for injunction.
Emergency Order
45. Emergency Order
46. Duration of emergency order.
47. Cancellation of emergency order.
Access
Part X. Miscellaneous
90. Protection of Building Officials.
91. Regulations.
92. Publication of regulations and Minister's overriding powers.
93. Minister may amend monetary penalties and Schedules.
94. Act Binds Crown.
95. Savings and transitional.
96. Repeals.
SCHEDULES.
A BILL
ENTITLED
Roads Act;
5.-( 1) This Act does not apply to the carrying out ofany building Application nf
new huikling
work in accordance with a building pennit existing immediately regulations, to
before the building regulation or amendment commenees. huilding wmk
tor the
(a) Housing Ac/;
(b) Jamaica Na/iona/ Heritage Trust Ac/;
Building Officials
Appointment 9.-( 1) Subject to subsection (2), a Local Building Authority
and
designation of may in relation to its area ofjurisdiction
building
officials. (a) appoint and employ at such remuneration and on such
terms and conditions as it thinks fit, Building Surveyors,
Deputy Building Surveyors, District Surveyors and other
building officials and such other officers and employees
as the Authority deems necessary for the proper carrying
out ofits functions; and
(b) designate officers ofthe Authority to undertake specified
functions in respect ofthe administration and enforcement
ofbuilding matters.
(2) No salary in excess of the prescribed rate shall be
assigned to any post without the prior approval of the Minister
responsible for finance and no appointment shall be made to any
post to which salary in excess of the prescribed rate is assigned
without the prior approval of the Minister responsible for finance.
(3) For the purposes of subsection (2), the "prescribed
rate" means such rate as the Minister responsible for finance may,
by order, prescribe.
(4) The Governor-General may, subjectto such conditions,
as he may impose, approve the appointment of any public officer in
the service of the Government to any office within the Authority,
and any public officer so appointed shall, while so employed, in
relation to any pension, gratuity or other allowance and in relation
to any other rights as a public officer, be treated as continuing in the
service ofthe Government.
Building Surveyor
FUnCli(1Ds of 10.-(1) For the purposes of this Act. a Building Surveyor
Building
Surveyor.
shall
(a) have superintendence over all buildings and building
works within the area ofjurisdiction ofthe Local Building
Authority in which he holds office;
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to him;
(b) and the work is carried out in accordance with this Act,
any regulations made hereunder and the building permit.
(2) A person who contravenes subsection (1) commits an
offence and shall be liable on summary conviction before a Resi
dent Magistrate to the penalty specified in respect thereto in the
First Schedule.
18.-( 1) A person who intends to carry out building work shall Application
for building:
apply in the prescribed form and manner to the relevant Local permit.
Building Authority for the appropriate building permit.
(2) An application under subsection (1) shall be
accompanied by the prescribed application fee.
(3) Where the relevant Local Building Authority thinks
necessary, it may require an applicant for a building permit to furnish
such additional information or document as it may specifY.
(4) Subsection (1) does not apply to building work that is
exempted by or under this Act or any regulations made hereunder.
(5) The applicant shall cause to be placed, in a conspicuous
place on the premises where the applicant intends to build, a notice
of intention to build \vhich shall-
(a) be in the prescribed form: and
(b) contain a statement that any interested person who is
aggrieved or has objections may register his objections
with the Local Building Authority.
1.':
(b) the application for the building pennit contained any false
or misleading infonnation in any material particular;
(c) the pennit holder has failed to remedy the breach which
gave rise tothe suspension of the building pennit under
section 27, within the time specified in a notice under
subsection (2) of that section;
(d) any fee or other charge payable by the pennit holder
remains unpaid for a period of ninety days after the
suspension ofthe building penn it.
(2) Before revoking a licence under subsection (1), the
Local Building Authority shall notify the licensee in writing of the
proposed revocation stating the reasons therefor.
National 29.--( I) Notwithstanding section 18, the relevant Local Building
monuments
and protected
Authority, on the recommendation of the Building Surveyor, may
ntional issue a building pennit for the carrying out of building work that
hL~itage.
does not comply with the building regulations if the work is to be
carried out on, or in connection with any building that is a national
monument orthat is designated as protected national heritage under
the Jamaica National Heritage Trust Act.
(2) The building permit may be issued to enable the
carrying out ofwork appropriate to the style, manner of construction
and materials of the building.
(3) In deciding an application for a building pennit in
respect of a building to which subsection (I) applies, the relevant
Building Surveyor shall take into account
(a) the structural adequacy of the building; and
(b) the requirements necessary to make reasonable provision
for amenities and the safety and health of people using
the building.
(4) The consent and report of the Chief Executive Director
under the Jamaica National Heritage Trust Act shall be obtained
in respect of an application to demolish or alter any building that
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Stop Notices
41.~( 1) Where it appears to a Local Building Authority, that Stop notices.
any building work specified in subsection (2) is unauthorized or is
hazardous or otherwise dangerous to the public, the Authority, shall
serve or cause to be served on any of the persons specified in
subsection (3), a stop notice requiring that person to immediately
cease the work.
(2) The work referred to in subsection (l) is work~
(b) shall be for a period not exceeding ten days and may be
extended for such further periods as the Local Building
Authority may determine.
(5) Where a stop notice is served on a person referred to
in subsection (3), a copy thereof shall be posted in a conspicuous
place
(a) on the premises where the relevant work is taking place
or has taken place; and
(b) in a court house, police station or other public place in
the parish in which the work is taking place or has taken
place.
(6) Where a person suffers any loss resulting from the
service ofa stop notice, compensation shall only be payable where
in any action brought by him against a Local Building Authority, he
expressly alleges that the service of the notice was done without
reasonable or probable cause and at the trial of such action he
proves such allegation.
(7) Any person who fails to comply with a stop notice
commits an offence and shall be liable on summary conviction before
a Resident Magistrate to the penalty specified in respect thereto in
First the First Schedule.
Schedule.
Enfhrcement Notice
Enf()rceml'l11 42.-(1) lfit appears to a Local Building Authority that
nOlle.:.
(a) any building work is being, has been or is proposed to
be carried out, without the grant ofa building pennit; or
(b) any conditions subjeet to which a building pennit was
granted has not been complied with, then subject to any
directions given by the Minister and to subsection (2),
the Local Building Authority shall serve a notice under
this section (hereinafter referred to as an "enforcement
notice") on each of the following, namely-
(a) the owner and occupier of the land where the
building work has been carried out or is to be
carried out;
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the relevant Local Building Authority may apply to the Court for an
injunction, whether or not the Authority has exercised or is proposing
to exercise any other power under this Act.
(2) On an application under subsection (1), the Court
shall
(a) issue a summons requiring the builder so in default to
32
on a building or land to
(i) voluntarily evacuate the building or land;
(ii) mandatorily evacuate the building or land;
(iii) not conduct or not allow the conduct ofa public
activity or immediately cease to conduct a
public activity;
(iv) stop the building work or in the alternative
carry out building work or other work
necessary to make the building or land safe;
(b) prohibit the occupation or use of a public building or
53. If the certificate under section 52 is to the effect that the Proceed ing,
alief
structure is not a dangerous structure, then no further proceedings cct1ilicatc 01
shall be had in respect thereof; but if it is to the effect that the dangerou,
slruuurc.
structure is a dangerous structure, then the Local BuildingAuthority
shall
(a) cause the same to be shored up or otherwise secured,
and a proper board or fence to be put up for the protection
of members ofthe public; and
(b) cause notice in writing to be given to the owner or
occupier ofsuch structure requiring him forthwith to take
down, secure or repair, the same as the case requires.
54.-(1) Where the owner or occupier to whom notice under Authority 10
acl where
section 53 (b) is given, fails to comply with the requirements ofthe owner fail-..
notice within the time specified in the notice, or in the absence of
such specification, as soon as practicable, then the Local Building
Authority may act in accordance with subsection (2).
(2) The Local Building Authority may enter the premises
where the structure is situated and cause all or so much of the
dangerous structure to be taken down, repaired, or otherwise secured
in such manner as the Authority considers to be appropriate.
55. The Local Building Authority may recover as a simple contract Recovery of
expen-..c, hy
debt (without limit of amount) in the Resident Magistrate's Court actIOn
of the parish in which the building structure is situated, from the
person who is then the owner of the building structure or, in the
absence or unavailability of the owner, any lessee of the building
structure or other person who may be so liable, the expenses of the
carrying out, in relation to the building structure, of any activity
mentioned in section 54 (2),
56.-(1) If the owner Power 01 sale
to recover
(a) cannot be found; expenses
(b) is incapacitated;
(c) refuses on demand or neglects to pay the expenses
incurred by the Authority under section 54,
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the Authority may, after giving three months' notice of its intention
to do so, by posting a printed or written notice in a conspicuous
place on the structure in respect of which or part of which they
have incurred expense, or on the land whereon it stands, sell the
structure or land any components thereof at such time and in such
manner as it thinks fit.
(2) The Local Building Authority shall, after deducting
from the proceeds of such sale the amount of all expenses incurred
by the Authority under section 54, pay over the surplus (if any) to
the owner and, subject to subsection (2), in the absence of any
claim within one month ofthe sale purporting to be from an owner,
then the same shall be placed to the credit ofthe owner (describing
him so far as the Authority can) in a duly licensed financial institution
in Jamaica.
(3) The owner or any other person claiming entitlement to
the surplus may apply to the Resident Magistrate's Court for the
relevant area for payment thereof.
Power of court 57. In cases where a structure has been certified by the Local
to order
removal finm
Building Authority to be a dangerous structure, the Resident
dangerous Magistrate's Court for the area in which the structure is located. if
structure.
having regard to the certificate, is satisfied as to the dangerous
state of the structure, may, without notice upon an application by
the Building Surveyor, or on its own motion, direct that any occupant
ofthe structure be forthwith removed therefrom by a Constable.
PART VII. Party Structures
Building 58. In this Part, references to "building owner" are references
own~and
adjoining
to such one of the owners of premises separated by or adjoining to
owner. any party structure as is desirous of executing any work in respect
to such party structure. and references to "adjoining owner" are to
an owner of the other premises.
Right of 59. The building owner has the following rights (hereinafter
building
owner. party called "party rights") in relation to any party structure. namely
structure
(a) a right to make good or repair any party structure that is
defective or out of repair;
37
(b) a right to pull down and rebuild any party structure that
is so far defective or out of repair, or of such unsuitable
or dangerous materials, as to make it necessary or
desirable to pull down the same;
(c) a right to pull down any timber or other partition that
divides any building or premises, and is not confonnable
with any regulations under this Act, and to build instead
a party wall or other party structure confonnable thereto;
(d) in the case of buildings having rooms or stories the
property of different owners intennixed, a right to pull
down such ofthe said rooms or stories, or any part thereof,
as are not built in confonnity with this Act, and to rebuild
the same in confonn ity with this Act;
(e) a right to raise any party structure pennitted by this Act
to be raised, or any external wall built against such party
structure, upon condition of making recompense for all
damage occasioned thereby to the adjoining premises, or
to the internal finishings and decorations thereof, and of
carrying up to the requisite height all flues and chimney
stacks belonging to the adjoining owner on or against
any such party structure or external wall;
(f) a right to pull down any party structure that is not of
sufficient strength for any buildings intended to be built,
and to rebuild such a structure of sufficient strength for
the intended building, subject to the building owner
making compensation for all damage occasioned thereby
to the adjoining premises, or to the internal finishing and
decorations thereof;
(g) a right to cut into any party structure subject to the building
owner making compensation for all damage occasioned
to the adjoining premises by such operation;
(h) a right to cut away any structure projecting from any party
wall, in order to erect any external wall against such
party wall, or for any other purpose, subject to the building
38
65. Within one month after the completion of any work which Duty to
deliver
any building owner is by this Act authorized or required to execute, expenses
and the expense of which is in whole or in part to be borne by an amount to
adjoining
adjoining owner, such building owner shall deliver to the adjoining owners.
owner an account in writing ofthe expense ofthe work, specifying
any deduction to which such adjoining owner or other person may
be entitled in respect of old materials, or in other respects; and
every such work as aforesaid shall be estimated and valued at fair
average rates and prices according to the nature ofthe work and the
locality and the market price of material s and labour at the time of
the work.
66. At any time within one month after the delivery of such Adjoining
owner
account the adjoining owner, ifdissatisfied therewith, may declare disputing
his dissatisfaction to the party delivering the same, by notice in amount.
44
narnely
(i) that he is a member of, or holds a certificate
granted by an institution, or other body
recognized by the Board as having competence
to approve qualification as a building
practitioner or as a building practitioner in a
category ofbuilding work, as the case may be;
and
50
hereunder;
Act.
tasks.
Part X. Miscellaneous
90.-( t ) No building official shall be personally liable for any Protection of
building
act or default ofthe Local Building Authority done or omitted to be ollicials.
done in good faith in the exercise ofany power, or in the perfonnanee
ofany function, conferred or imposed by or under this Act.
(2) Where any building official shaH be exempt from
liability by reason only of the provisions of this section, the Local
Building Authority shall be liable to the extent ofthe building official.
91.-(1) Subject to section 92, the Local Building Authority, Regulations.
may make regulations generally for the effective administration and
56
Schedule ofOffences
Provision Offence Penalty
Schedule of Offences
Provision Offence Penalty
Schedule of Offences
Provision Offence Penalty
Constitution 1. The Appeal Tribunal (hereinafter called the Tribunal) shall consist of a
of the Appeal
Tribunal.
chairman and two other members, one of whom shall be an attorney-at-law,
and the other shall be a representative nominated by the Master Builders
Association and approved by the Minister.
Appointment 2. The chairman and other members of the Tribunal shall be appointed by
and tenure of
ol1iccof the Minister and shall hold office for such period, not exceeding two years,
Members.
as the Minister shall dctcrnline and shall be eligible for reappointment
Rcvocati,>n of 3. The Minister may, if he thinks it expedient so to do, at any time revoke
appointment.
the appointment of the chairman or any other member of the Tribunal.
Temporary 4.--( I) In the case of the absence or inability to act of the chainnan of the
appointments.
Tribunal, the Minister may appoint any person to act temporarily as chainnan.
(2) In the case of the absence or inability to act of any member of the
Tribunal other than the chairn1an, the Minister may appoint any person to act
temporarily in the place of such member.
R~",ignation. 5.--{ I) Any member of the Tribunal, other than the chairman, may at any
time resign his office by instrument in writing addressed to the Minister and
transmitted through the chairman, and from the date of the receipt by the
Minister of such instrument such member shall cease to be a member of the
Tribunal.
(2) The chainnan of the Tribunal may at any time resign his olTice by
instrument in \Titing addressed to the Minister and such resignation shall take
effect as from the date of the receipt of such instrument by the Minister.
Filling of 6. If any vacancy occurs in the membership of the Tribunal such vacancy
vacanclCS.
shall be filled by the appointment of another member who shall, subject to the
provisions of this Schedule, hold ollice for the remainder of the period for
which the previous member was appointed, so, however, that such appointment
shall be made in the same manner and from the same category of persons, if
any, as the appointment of the previou" member.
Publication of 7. The names of members of the Tribunal as first constituted and every
1Tl.., nb",hip.
change in the membership thereof shall be published in the Gazette.
65
R. There shall be paid to the chaimlan and other members of the Tribunal Remuneration
of
such rellluneration whether by way of honorarium. salary or fees and such members.
allow,mce as the Minister may detennine.
9. The decision of tile Tribunal shall be by a majority of votes of the members Voting.
present and voting. and in addition to an original vote. the chainnan shall have
a casting vote in any C(\se in which the voting is equal.
66
effect from the date specified therein or, if no date is the date of
receipt by the i\finister of such instrument.
(3) The Minister, on receipt of the resignation of the: Chaimlan as
aforesaid shall, as soon as possible thereatkL notif\' the who shall
convene a special meeting of the Board for the purpose of ejecting a new
Chairman,
5. If any vacancy occurs in the membership of the Board ;,ueh \,Kaney shall Vacancy.
be filled by the appointment of another member W!ll' ;,halL ~ubjcct to the
provisions of this Schedule. hold office for the remainder of the period for
which the previous member was appointed,
6. The names of all members of the Board as lirst constituted and every Publication of
change in membership thereof shall be published in the Ga::ef{e. membership in
Ga:elle.
7.--( 1) The seal of the Board shall be kept in the custody of the Chairman Seal,
seat or secretary thereof and shall be affixed to instrument-. pursuant to a
resolution Board.
(2) The seal of the Board shall be authenticated by the signature of the
Chairman or any person performing the duties of Chairman and shall be
officially and judicially noticed.
(3) All documents, other than those required by law to be under seal.
made by and all decisions of the Board may be signified under the hand of the
Chairman or any other member authorized to act in that behalf or, with the
approval of the Board, by the secretary.
8,--( I) The Board shall meet at such time as may be neccs~ary or expedient Meetings.
for the transaction of its bu~iness and ~uch meetings shall be held at such
places and times and on such days as the Board may detcnnine.
(2) The Chairman may at any time call a special meeting of the Board
and shall call a special meeting within seven days of the receipt of a \VTitten
request for that purpose addressed to him by any three Illelllbcr~; of the Board.
(3) The quorum of the Board shall he detenllincd by the Board but shall
be not less than one-half of the membership.
(4) The decisions of the Board shall be by a mi\jority PI' votes and, in
addition to an original vote, the person presiding at any meeting shall have a
casting vote in any case in which the voting is equal.
(5) Minutes in proper form of each meeting of the Board shall be kept
by the secretary.
(6) The validity of the proceedings of the Board shall not be affected
by virtue of any vacancy among the members thereof or any defect in the
appointment of a member thereof.
68
BRUCE GOLDING
Prime Minister.
A BILL
ENTITLED