Island Ordinance on regulations pertaining to building and housing (Building and Housing Ordinance 1999)

CHAPTER I Definitions

Article 1

In this Island Ordinance is meant by:

Structure: any structure of wood, stone, metal or any material, which is either directly or indirectly connected to the ground, or which is directly or indirectly supported in or on the ground;

Building: any structure that forms a covered area, completely or partially enclosed by walls, which is accessible to people;

Constructing: erecting or expanding a building, and also the complete or partial renovation of a building;

House: a building used to house people or which is intended for that purpose;

Road: a piece of land used as road, street, path, quay, square, public garden, jetty, wharf or pier; understood to be part of the road are the verges along the side of the road and also the pipes, gutters and ditches necessary for rainwater drainage;

Protected area: An area determined by the Island Council which needs special protection as stated in article 4A.

CHAPTER II General Stipulations

Article 2

In this Island Ordinance “owner” is also understood to mean the caretaker and the user and furthermore anyone who by virtue of any right in rem, possessions inclusive, has any property at his disposal. In the event that a corporate body has to be considered as owner as understood in this ordinance, any obligation or any prohibition in this ordinance with regards to the owners, will also be considered as having been imposed on or enforced against the board members of that corporate body.

Article 3

The owner of a structure, which has been erected or partly renovated or is taken in use as a dwelling after this ordinance takes effect, is obliged to maintain this structure in the condition which complies with the existing applicable legal regulations and the building permit granted for this structure.

Article 4

With regards to buildings of a simple nature and also in special cases the Executive Council can grant complete, partial or conditional exemption of one or more Stipulations laid down in this ordinance.

Article 4A

By Island Resolution Containing General Measures “eilandsbesluit houdende algemene maatregelen” the Executive Council can decide that based on Article 4 and 5 are not applicable for the area stipulated by the Island Council, known as the “Protected Area”.

Article 4B

The area mentioned in Article 4A will be described and the reasons why building in that area is prohibited.

Article 4C

Building in the “Protected Area” is prohibited, unless the Government has issued a building permit,

Article 4D

The execution of work in the “Protected Area” is prohibited without being in possession of an executing permit “aanlegvergunning” from the Executive Council.

Article 4E

A structure that is under construction when this ordinance goes into effect shall be considered complete if the exterior and interior walls have been erected for more than 50%.

CHAPTERIIIBuilding permits

Article 5

It is prohibited to erect a building or structure, to renovate it either completely or partially or to have it erected or to have it renovated either completely or partially without written permission of the Executive Council (building permit). It is furthermore prohibited to build contrary to the stipulation laid down in a granted building permit.

Article 6

Applications for building permits shall be judged by the regulations to be decreed by island resolution on general measures with regards to:

• a.

  the maximum dimensions of buildings, the shape of the roof of buildings, the materials to be used and the colors to be used on buildings;

• b.

  the minimum solidity of the foundation, walls, beams, floors and roofs;

• c.

  the minimum height of buildings and the manner of calculating the height of buildings and rooms;

• d.

  the minimum elevation of the ground floor;

• e.

  the minimum dimensions and the shape of rooms and the access of daylight and air;

• f.

  the minimum distance between the building line and a public road;

• g.

  the minimum distance between cesspools or cesspools and dwellings and cisterns;

• h.

  the method of water supply and removal of water and waste disposal and faeces and the building and lay out of lavatories.

CHAPTER IV Building without building permit

Article 7

No building permit is needed:

• a.

  for erecting huts, barns, sheds and so on, needed temporarily for building purposes;

• b.

  for erecting structures such as walls, yard partitions, antennas and fencing less than two meters in height;

• c.

  for erecting storage areas of a limited size (maximum length x maximum width x maximum height =1 x 2 x 1 meters respectively), for the sole purpose of storing objects for domestic use or pets. However the materials used must be approved by a decree by Island Resolution;

• d.

  to dig graves or build tombs.

Article 8

• 1.

  In case the condition of a building gives rise to expect immediate danger or serious damage, the owner or tenant can take temporary measures as deemed necessary to avert the immediate danger or serious damage right away, without having obtained a building permit beforehand.

• 2.

  He is however compelled in that event to notify the Executive Council about such within three days after the activities have started.

• 3.

  In the event he does not apply for a building permit within one month, the Executive Council is authorized to demand that certain provisions be taken.

CHAPTER V Procedure for building permits

Article 9

• 1.

  The application for a building permit states the last name, first name, the occupation and the address of the applicant, and is accompanied with a drawing in two copies, showing insofar as applicable:

  • a.

    the construction of the foundation, roof, ceilings, joints, floors and stairs;

  • b.

    the height and the ground surface measured within the walls or partitions;

  • c.

    the elevation of the ground floor;

  • d.

    the number and the dimensions of the rooms, stairs and porches;

  • e.

    the thickness and composition of the walls and partitions;

  • f.

    the ways of access of daylight and air;

  • g.

    the method to dram away waste water and faeces;

  • h.

    the number of storeys;

  • i.

    location of the building in relation to the road and to the adjacent properties;

  • j.

    materials to be applied and the use of color.

• 2.

  For simple buildings without storeys with a floor area not exceeding one hundred square meters, the submitting of a drawing is not required if the data mentioned in the first paragraph under a. up to and including j. are described clearly enough.

Article 10

The applicant is obliged to provide the Executive Council with any specific information the Executive Council may desire.

Article 11

• 1.

  Except for the application of the aforementioned article, a decision is taken on a request for a building permit as soon as possible, but at latest within a month after the request has been submitted.

• 2.

  The applicant is informed of the decision in writing at the shortest possible notice, along with one of the submitted drawings that is returned.

Article 12

The decision to grant a provisional building permit or to partially or completely deny a building permit, is always properly motivated and can be based on one or more of the following or other circumstances:

• a.

  that the application, the drawing, the description or the structure, building or part of the building does not comply with the regulations stipulated in or by virtue of this ordinance;

• b.

  that the structure, building or part of the building will deface or hinder its surroundings because of its location or because of its architectural style;

• c.

  that the road, at which the building will be located, does not comply with the requirements with regards to how it is mapped-out (trace), its width and its construction, taking into account the nature of the building and the requirement of accessibility of the road to Government's departments;

• d.

  that the building proposal is contrary to the zoning regulations of a development plan, or is contrary to regulations belonging to an allotment plan, which includes the land concerned in the application of the building permit;

• e.

  that the structure proposal is contrary to the intention and/or the regulations of the so called Unesco “world heritage site” prerequisites.

Article 13

• 1.

  As a deviation from what is specified in article 11, the Executive Council withholds its decision in the event that there are no grounds on which the building permit should be denied and, before the application has been submitted, for the area in which the structure will be erected, either a preparatory resolution (voorbereidingsbesluit) is taken as mentioned in article 16 of the Island Ordinance on Zoning Saba (Eilandsverordening Ruimtelijke Ontwikkelingsplanning Saba) or a draft development plan or a draft revision of a development plan has been made public for perusal.

• 2.

  In the event that there are no grounds to deny the building permit and the structure is in accordance with the development plan under preparation or with the revision of such a plan, the Executive Council can decide to grant the building permit, in deviation of the first paragraph.

• 3.

  The withholding of a decision remains in effect until the preparatory resolution lapses or until an irrevocable decision is taken with regards to the development plan or until the time limit mentioned in article 6 first paragraph of the Island Ordinance on Zoning Saba has been exceeded.

Article 14

Owners are compelled to submit the building permit to civil servants charged with tracing violations of this ordinance - on their first demand - for inspection purposes.

Article 15

• 1.

  Based on a properly motivated decision the Executive Council is authorized to revoke a building permit in the event that:

  • a.

    within a half year to the date when the building permit was issued no construction has started yet or if construction has been stalled for a year;

  • b.

    while carrying out the work to which the building permit pertains, one deviates from the regulations established in or by virtue of this ordinance.

• 2.

  A decision to revoke a building permit is not taken till after the interested party has been heard or has been duly called up.

• 3.

  In the event that the deadline to appeal the revocation of a building permit has lapsed, a new building permit has to be requested if the interested party still wishes to carry out or to continue the intended construction. In such an event the documents and drawings of the revoked building permit are used again.

Article 16

• 1.

  The applicant may appeal to the Island Council in writing against a decision as referred to in articles 11,12 and 15 within one month after being informed of that decision.

• 2.

  A copy of the Island Council's properly motivated decision is handed to the applicant as soon as possible but at the latest within two months after the appeal has been submitted.

• 3.

  The appealed decision remains inoperative pending the period and the handling of the appeal.

CHAPTER VI Dwellings

Article 17

It is prohibited to construct a dwelling house or to have a dwelling house constructed otherwise than along a road.

Article 18

The splitting up of a dwelling house into several dwellings and the preparing for habitation of a building or part of a building which was not intended for habitation before, are considered as the erection of a dwelling house or houses.

Article 19

• 1.

  The regulations on dwellings are not applicable to sheds, barns, building sheds, tents and other similar constructions which are earmarked for temporary habitation, unless habitation thereof lasts longer than one year.

• 2.

  It is prohibited to give out, to take or to have constructions as referred to in the first paragraph for habitation purposes otherwise than with written permission of the Executive Council and otherwise than with consideration of the conditions stated in the permit with regards to health, safety and decency.

CHAPTER VII Dwellings unfit for habitation

Article 20

If the Executive Council deems a dwelling unfit for habitation from a hygienic point of view, it informs the owner in writing about this mentioning the reasons while ordering the owner to carry out the improvements deemed necessary and specifically indicated within a specified period of time.

Article 21

In the event that the order referred to in the aforementioned article is not carried out, while habitation continues or has started again, the Executive Council declares the dwelling unfit for habitation after the set period of time and has the dwelling vacated after a specified period of time. Furthermore, if this appears necessary, the Executive Council orders the closure of the dwelling, as long as deemed necessary.

Article 22

On behalf of the Executive Council a clearly visible sign which reads: “Unfit For Habitation” will be attached to the dwelling declared unfit for habitation or to the vacated building after the dwelling has been vacated.

Article 23

The police will execute vacation and closure after the time stipulated has lapsed, on presentation of the order to that effect and in the presence of either the public prosecutor or his deputy or an assistant public prosecutor.

Article 24

• 1.

  The owner can appeal to the Island Council in writing against a decision referred to in article 21 and 22 within a period of one month after the date of the decision, while submitting reports by experts or other documents if so desired.

• 2.

  The second and third paragraph of article 16 are applied similarly in that event.

Article 25

Withdrawal of the declaration of a dwelling being unfit for habitation can be done by the Executive Council at the request of the owner, provided that there is sufficient evidence that the dwelling has been put into a habitable condition or that it has completely lost the character of a dwelling because of renovation.

CHAPTER VII Dilapidated buildings, walls or yard partitions

Article 26

• 1.

  The owner of buildings, walls or yard partitions which might collapse or pose any danger because of the completely or partly dilapidated or neglectful condition they are in, is compelled by a properly motivated written decision of the Executive Council, to see to it that within the period of time as stipulated in this decision, the buildings, walls or yard partitions referred to are duly repaired or strengthened or, at the discretion of the owner, demolished.

• 2.

  The Executive Council can furthermore order the immediate vacation and closure of dilapidated buildings in which staying in poses immediate danger, in the Council's opinion.

Article 27

• 1.

  The owner can appeal to the Island Council in writing against a decision referred to in article 27 within a period of one month after the date of the decision, while submitting reports by experts or other documents if so desired.

• 2.

  The second and third paragraph of Article 16 are applied similarly in that event.

Article 28

• 1.

  If the decision referred to in article 27, first paragraph is not carried out within the stipulated period of time, the Executive Council can have the repairs or the buildings, walls or yard partitions referred to completely or partially demolished, if the Executive Council deems such necessary in view of imminent danger, at the expense of the owner.

• 2.

  Pending the period of the appeal and the handling of same, the Executive Council can only make use of the authority referred to in the first paragraph if the Executive Council considers this to be inevitable in view of imminent danger.

CHAPTER IX Penalty Clauses

Article 29

• 1.

  Fines with a maximum equivalent to what is stipulated in the Federal Ordinance on Violations which is based on article 82 of the Island Regulation Netherlands Antilles (Eilandenregeling Nederlandse Antillen) will be imposed for:

  • a.

    Violation of article 3, 5, 8 second paragraph, 14, 17, and 20 second paragraph;

  • b.

    A person who removes, destroys or makes unreadable the sign referred to in article 23;

  • c.

    The inhabitant who does not vacate a dwelling which has been declared unfit for habitation after the stipulated period of time has lapsed, unless it can be proven that he was unable to find another abode;

  • d.

    A person who moves into a house which has been declared unfit for habitation or a person who puts one up for habitation.

• 2.

  If at the time of committing the violation one year has not yet passed since an earlier sentence of the guilty party because of a similar violation has become irrevocable, the competent judge can sentence that party to pay a fine equal to double the amount which is set as maximum for each violation.

• 3.

  The facts made punishable by this ordinance are considered violations.

CHAPTER X Supervision and inspection

Article 30

The civil servants mentioned in article 8 of the Penal Ordinance of the Netherlands Antilles are charged with supervising the compliance with this ordinance.

Article 31

• 1.

  While exercising the supervision assigned to them the civil servants referred to in the aforementioned article always enjoy free access to all locations where one can reasonably suspect that actions take place or will take place contrary to the stipulations set in or by virtue of this ordinance.

• 2.

  If they are denied access then they will gain access if need be by engaging the limb of the law.

• 3.

  If the location is also a dwelling or only accessible through a dwelling then they can not enter the dwelling against the will of the inhabitant unless they carry a general or special written order of the public prosecutor concerned or his deputy and in that event only in the presence of that civil servant or of the assistant public prosecutor.

• 4.

  They draw up an official report (proces-verbaal) of this entering of which a copy is sent to the person whose house was entered within forty-eight (48) hours.

Article 32

• 1.

  The Executive Council is authorized to remove or to obstruct whatever has been installed or done contrary to this ordinance or the building permit, and to have done whatever has been neglected contrary to the ordinance or the building permit, all of which will be at the expense of the violators.

• 2.

  With the exception of urgent cases, the stipulations referred to in the first paragraph are not carried out pending the period of appeal and the handling of same appeal or before the interested party has been warned in writing and has been given the opportunity to remove or to do whatever is necessary.

Article 33

The expenses applied in accordance with the aforementioned article are privileged to the building for which the expenses were made and are acquitted from the yield of the property after the expenses of maintenance referred to in article 1165 under point 4 of the Civil Code of the Netherlands Antilles, are acquitted.

CHAPTER XI Final provisions

Article 34

This ordinance can be quoted as “Building and Housing Ordinance 1999” and goes into effect one month after having been decreed by the Island Council.