Developers

Section 1:Getting Started1.1 Knowing & Complying With Requisite LegislationWhen the decision has been firmly made to begin the development process,persons need to be mindful of and familiar with specific pieces of legislation.The Physical Planning Act, 2004 outlines step by step methods to develop landin an orderly manner in both urban and rural areas. It encouragesenvironmental protection and allows for the improving of existing structures.The Act grants permission to the developers of land to have control over whatthey want to do with their property, within certain legal parameters.Section 19 of the Building Ordinance (Cap.234) provides a mechanism for themaking of detailed regulations to regulate building standards in the Territory.The Ordinance also provides an enforcement mechanism to ensure adherenceto any regulations made thereunder. The making of such regulations isparticularly relevant considering the natural hazards (such as hurricanes andearthquakes) that affect countries in the Eastern Caribbean region, includingthe British Virgin Islands. The Building Regulations, 1999, therefore, placesemphasis on the development of building standards which would prevent ormitigate damage arising from natural hazards.The Building Regulations 1999 applies to the design and construction of newbuildings and the alteration, reconstruction, demolition, removal, maintenanceand occupancy of existing buildings or any appurtenances connected to orattached to such building or structures. The Regulations, in effect, provideadministrative and enforcement mechanisms relating to building practices andthe use of acceptable material and building systems. They also provide for theapproval of any system or material which can be demonstratively proven to beresistant to natural hazards. Furthermore, the Regulations address issuespertaining to public health and safety in the construction of buildings,precautions to be adopted during building construction, provision of watersupply services, and the regulation of sewage and waste disposal, plumbing,solid waste disposal, electrical and mechanical installations, dead and live loads,excavations and foundations, timber construction, concrete masonry, plain andreinforced concrete, structural steel construction and the construction of smallbuildings.Homeowners are advised to obtain a copy of the Physical Planning Act and theBuilding Regulations prior to the design and construction of their home.1