Professional Documents
Culture Documents
(Act
0[2011)
ARRANGEMENT OF SECTIONS
Part I. Preliminarv
I.
2.
Interpretation.
3.
Objects of Act.
4.
Application of Act.
5.
6.
7.
8.
9.
10.
11.
ii
Part IV Building Permits
17.
18.
19.
20.
22
23.
24.
25.
2().
27.
211.
29.
30.
3 I.
Certificate of compliance.
32.
33.
34.
35. Power of building official, etc., to enter and inspect building, work, and
offence to obstruct.
36.
37.
38.
11l
39.
40.
41.
Stop notices.
Enforcelllcnt Notice
4.:'.
Enforcement notice.
43.
44.
45.
Emergency Order
46.
47.
4R.
Access
49.
50.
5 I.
52.
Surveyor's certificate.
53.
54.
55.
56.
57.
IV
59.
63.
64.
67.
68.
69.
70.
Conduct of appeal.
Part IX. Regulation o( Building PractitionCl's
Special licence.
86. Prohibitions.
87. Improper licensing.
Building Advisory Council
91.
Regulations.
A BILL
ENTITLED
1. This Act may be cited as the Building Act. 201 L and shall
come into operation on a date to be appointed by the Minister by
notice published in the Gazette.
Interpretation.
2_ In this Act
"amenities" means such quality or condition of a place
or area as contributes to its pleasantness, hannony,
and better enjoyment, and includes open spaces,
parks, recreation grounds, and playgrounds;
"Appeal Tribunal" means the Tribunal established by
section 70;
"applicant" means an applicant for a building pennit
pursuant to section 18;
"authorized person" means a person who is authorized
by a Local Building Authority, under this Act, to
undertake or perfonn any function which the Local
Building Authority is empowered to undertake or
perform;
"builder" means the person who has been employed,
contracted or otherwise designated to execute
building work in accordance with a building pennit,
or where no such person is so employed, contracted
or otherwise designated, the pennit holder or his
agent;
"building--
(a) means a physical structure, temporary
structure, and any part of a building, or
any architectural or engineering product
or work erected or constructed on, over
or under land or the sea or other body of
water; and
(b) includes a domestic building, public
building and a building ofthe public class;
"Building A dvisory Councir- means the Building
Advisory Council established by section 88:
CD
Roads Act;
o~jects
Ohjc'C\s of
Act.
dlieient buildings;
(g) establish an efficient and effective system for issuing
building pcrmits and certificates of occupancy and for
resolving building disputes, including through alternative
dispute resolution;
(h) regulate the standard of training and certification and
provide for the licensing of building practitioners and
the recognition of building professionals who are
regulated under other Acts; and
(i) establish a building and an appeal process.
Application or
Act.
4.~(
5.-( 1) This Act does not apply to the carrying out ofany building
work in accordance with a building pennit existing immediately
before the building regulation or amendment commenees.
Application nf
new huikling
regulations, to
huilding wmk
Housing Ac/;
(d)
(c)
Planning Act;
(d)
(c)
Savings nf
other laws.
etc.
10
Functions of
Local Building
Authority.
II
12
Building Officials
Appointment
and
designation of
building
officials.
Building Surveyor
FUnCli(1Ds of
Building
Surveyor.
13
to~
14
Return to
indicate
completion of
works.
Survey of
building by
Surveyor
acting
privately.
15
National
Building
Code.
Designation
of Standards
Authority.
16
17
(a) a bui lding permi t in respect of the work has been issued
to him;
Requirement
tor building
IX'Ilnil.
(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
apply in the prescribed form and manner to the relevant Local
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.
Application
for building:
permit.
1.':
regarding
notice of
intention tn
hllild.
Emergency
hllilding work
hl'l')re notice
given.
20.~~( 1)
Applicant t()
notily
interested
persons of
specific
features of
hllilding work.
19
Ohjcclion 10
proposed
huilding work.
Consultation
nn propOSL-d
huilding work.
Grantor
refusal of
huilding
penn it
20
Variation,
modification,
etc. ofpermit
Suspension of
building
permit
21
Revocation of
huilding
pC'l1nit.
22
(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
monuments
and protected
ntional
hL~itage.
23
Monitoring of
building work.
Certification
of compliance.
Guidelines for
mOnitoring.
24
huiJd"rof
intended
works.
OITenceof
failure to giw
notice.
POWlTOf
huilding
otlicial. etc. to
entl'r and
inspect
huilding.
work. and
olknce to
ohstruct.
Offcnceof
failure to
admit to
premises for
determination
ofexemption.
25
Notice or
huilding
hmlCh.
Contents of
notice of
huilding
hrmch.
26
Power of
Authority to
enter and
remedy
breach
27
Stop Notices
41.~( 1)
work~
is
(a) the owner or occupier ofthe land where the work is taking
Stop notices.
28
(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
First
Schedule.
Enf()rceml'l11
nOlle.:.
29
30
31
Injunction
44.-( 1) Where-
(a) a person on whom an enforcement notice is served under
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
First
Schedule.
Application
for injunction.
32
45.
1) Where a building official is of the opinion that the
condition or the use ofa building or the land on which the building
work is being carried out or proposed to be carried out is hazardous
or otherwise dangerous to members ofthe public the building official
may serve or cause an emergency order to be served on the owner
of and the builder carrying out work on a building or land.
33
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
Duralion
emergency
order.
Cancellation
of emergency
order.
Authority may
enter where
emergency
order not
complied.
Access
49.-( t) If provision is being made for the construction or
alteration of any building to which members ofthe public are to be
admitted, whether for free or on payment of a charge, reasonable
and adequate provision by way of access to the building and its
Access for
persons with
disabilities.
display of
symbol of
access.
34
50. In this Part "dangerous structure" means any bui Iding, wall
or other structure that is certified hy a Building Surveyor to he in
such a condition as to constitute~
(a) a danger to persons or property; or
(b) a nUIsance,
and includes anything affixed to or projecting from any huilding,
wall or other structure.
Authority to
cause survey
of dangerous
structure.
35
Proceed ing,
alief
cct1ilicatc 01
dangerou,
slruuurc.
Authority 10
acl where
owner fail-..
Recovery of
expen-..c, hy
actIOn
Power 01 sale
to recover
expenses
36
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
to order
removal finm
dangerous
structure.
Building
own~and
adjoining
owner.
Right of
building
owner. party
structure
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
38
Rules as to
exercise of
rights by
building
owners and
adjoining
owners.
39
40
41
Building
owner may
enter premises
to execute
work.
Security to be
given by
building
owner if
required.
expenses in
respect of any
party.
42
43
Duty to
deliver
expenses
amount to
adjoining
owners.
Adjoining
owner
disputing
amount.
44
Liability of
adj(lining
owner for
ccrtain
expenses.
68. Where any building owner has incurred any expenses on the
requisition ofan adjoining owner, the adjoining owner making such
requisition shall be liable for all such expenses and in default of
payment the same may be recovered from his as a debt.
Offences
where
huilding
owner fails tn
pet1nnn
certain
condilions.
First
Schedule.
Second
Schedule.
Jurisdiction of
Tribunal.
45
Conduct of
appeal.
46
Board.
Third
Schedule.
Functions of
the Board.
47
RegiS\l'r of
Licensed
Building
Practitioners.
Corrections of
registers.
48
49
Licensing.
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
Qualifications
iorlicC'I1sing.
50
(i i) that he is the holder of a certificate recognized
8!.
1) Notwithstanding anything to the contrary. any person
who comes within any of the categories of persons may, on
application to the Board in the prescribed manner and on payment
ofthe prescribed fee, be specially licenced as a building practitioner
in such category as may be approved by the Board for such time
and on such conditions as the Board may with the approval of the
Ministcr specify.
82.
1) Where the Board is satisfied, upon the application of
any person-
(a) is neither ordinarily resident in Jamaica, a national of
Jamaica or a citizen ofanother CARICOM Member State;
(b) is or will be temporarily visiting Jamaica for the purpose
of practising the voeation of building at an institution or
place in Jamaica in the capacity of a teacher or a
research student or as the holder of a fellowship or other
study programme or under a foreign assistance
programme or in such other circumstances as the Board
may approve; and
51
Additional
quali {ita! inn:.
52
53
Entitlement to
recover fees.
etc.
Prohibitions.
54
ESlablishment
ofBuilding
Advisory
Council.
55
FUl1cti,)flS of
BuilJmg
Adyispry
C(JlIncil
hereunder;
Act.
tasks.
Part X. Miscellaneous
Protection of
building
ollicials.
Regulations.
56
57
58
Puhlication of
regulal ions
and minis!cr's
owrriding
powers,
pell.litle, and
schedul<'s,
59
Act binds
Crown.
Savings and
transitional.
Repeals.
60
FIRST SCHEDCLE
(Sections 17(2),
34(a), 35(2), 36(3),
41(7).43(4),
62(2) and 69(7))
Schedule of Offences
Provision
Offence
Penalty
17(2)
Fine not
exceeding one
million dollars
or to
imprisonment
for a tenn not
exceeding one
year or to both
such fine and
imprisonment
31(1)(a)
Fine not
exceeding two
hundred and
fifty thousand
dollars or to
imprisonment
for a tenn not
exceeding three
months or to both
such fine and
imprisonment
31 (I )(b)
Fine not
exceeding two
hundred and
fifty thousand
dollars or to
imprisonment for
a tenn not
exceeding three
months or to
both such fine
and imprisonment
61
Schedule ofOffences
Provision
Offence
Penalty
31 (2)(a)
3J(2)(b)
Refusing or neglecting to
afford the official or other
person all reasonable assistance
in the inspection.
Fine not
exceeding fifty
thousand dollars
33(3 lea)
Fine not
exceeding two
hundred and fifty
thousand dollars
or to imprison
ment for a term
not exceeding
three months or
to both such fine
and imprison
ment
33(3)(b)
Fine not
exceeding fifty
thousand dollars
39(7)
Fine not
exceeding one
million or to
imprisonment for
a term not
exceeding one
year or to both
such fine and
imprisonment
41 (4)
Fine not
exceeding one
million or to
imprisonment
a term not
62
Schedule of Offences
Provision
Offence
Penalty
exceeding one
year or to both
such fine and
imprisonment
62(2)
Fine not
exceeding one
hundred thousand
dollars
70
Fine not
exceeding one
hundred thousand
dollars
86( I )(a)
86(I)(b)
Fine not
exceeding two
hundred and fifty
thousand dollars
or to
imprisonment for
a term not
exceeding three
months or to
both such fine
and imprison
ment
63
Schedule of Offences
Provision
Offence
Penalty
86(1)(c)
Fine not
exceeding two
hundred and fi fty
thousand dollars
or to imprison
ment for a term
not exceeding
three months or
to both such fine
and imprison
ment
87(a)
Fine not
exceeding five
hundred thousand
dollars
87(b)
Fine not
exceeding five
hundred thousand
dollars
64
SECOND SClIEDULE
(Sections 70,
71 and 72)
Temporary
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
vacanclCS.
Publication of
1Tl.., nb",hip.
65
R. There shall be paid to the chaimlan and other members of the Tribunal
such rellluneration whether by way of honorarium. salary or fees and such
Remuneration
of
members.
Voting.
66
TIllRD S(HEDUU
(Section d)
1.~(
(a)
2., '" ( I) The Board shall elect one of its members to be Chainnan and any
such member shall be eligible for reelection as Chairman from time to time.
(2) The Chainnan shall, so long as he remains a member of the Board.
hold office until his successor is elected.
(3) An election of Chainnan, other than the first such election. shall
be held at the first meeting of the Board held after the I st day of January in
each year.
(4) The Chairnlan of the Board shall preside at all meetings of the
Board and if at any meeting of the Board the Chainnan is absent or unable to
act, the members present and constituting a quorum shall elect from among
themselves a member to act as Chainnan in respect of that meeting.
Mcmhen,.
3. If any member of the Board is, for whatever reason, unable to perfonn
his functions as a member of the Board for a period in excess of three months,
the Minister may appoint any person to act in the place of such member provided
that such appointment shall be made in such manner and from among such
persons as would be required in the ease of a substantive appointment.
R,;signalions.
4.~( I) Any member of the Board may, at any time, resign his office by
instrument in writing addressed to the Minister and transmitted through the
Chairman and from the date specified therein or, jf no date is specified, the
date of receipt by the Minister of such instrument such member shall cease to
be a member of the Board.
(2) The Chainnan may, at any time, resign his office as Chainnan by
instrument in writing addressed to the Minister and such resignation shall take
67
the date of
Vacancy.
6. The names of all members of the Board as lirst constituted and every
change in membership thereof shall be published in the Ga::ef{e.
Publication of
membership in
Ga:elle.
7.--( 1) The seal of the Board shall be kept in the custody of the Chairman
seat or secretary thereof and shall be affixed to instrument-. pursuant to a
resolution Board.
Seal,
(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
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.
Meetings.
68
(7) Subject to the provisions of this Schedule or any regulations, the
Board may regulate its own proceedings.
Committees.
I) The Board may appoint such committees as it may think fit and may
delegate to any such committee the power and authority to carry out on its
behalf such duties as the Board may determine. so, however, that no such
committee shall have the power to make rules.
(2) The constitution of each committee appointed as aforesaid shall be
determined by the Board.
Liability of
Board.
IO.-{ I) No member of the Board shall be personally liable for any act or
default of the Board done or omitted to be done in good faith in the Course of
the operations of the Board.
(2) Where any member of the Board is exempt from liability by reason
only of the provisions of this paragraph, the Board shall be liable to the extent
that it would be if the member were a servant or agent of the Board.
Remuneration.
II. There shall be paid from the funds of the Board to the Chairman and
other members of the Board such remuneration whether by way of honorarium,
salary or fees and such allowances as the Minister may determine.
Office of
Chainnanor
member not
public office.
12. The office of Chairman or member of the Board shall not be a public
office for the purpose of Chapter V of the Constitution of Jamaica.
Auditors.
13. The Board shall appoint auditors who shall audit the accounts of the
Board and submit an annual report to the Chairman who shall forthwith transmit
the report to the Minister.
69
MEMORANDUM OF OBJECTS AND REASONS
70
Prime Minister.
A BILL
ENTITLED