Development Approval Process

No, but some communities are allowed to base on the restrictive covenant (e.g.) Cumberland.

1. a) One (1) copy of the subdivision approval, where necessary, showing the location of land within
the subdivision.
b) One (1) copy of the approved building plan, where there has been an addition to the original
building.
c) Petition from residents to support the venture (name, lot number and signature)
a) Written details on the use contemplated and any other additional information available

Anyone who is found to be building without a permit may be issued a Stop Notice and an Enforcement Notice requesting IMMEDIATE CESSATION OF WORKS until the plan is submitted, approved and a permit is issued. Under the TCPA, If individuals fail to obey the notices a fine of up to one million dollars can be imposed and thereafter a fine of $5,000.00 per day if the development continues or imprisonment with hard labour for a term not exceeding twelve months Additional fees are proposed under the New Building Act.

Click here for checklist.

·         Two (2) application forms
·          Previously Approved building plan
·          Surveyor’s report
·          Four (4) copies the Revised Strata Plan on parchment paper (size - 11” x 17”)
·          Up-to-date Certificate of payment of Taxes
·          Proof of Ownership
·          A letter of Consent from Cooperative Society giving permission to amend the strata (where necessary)

Compile your Documents
         i. A Copy of your Title
         ii. A Surveyor's Report done by a Commissioned Land Surveyor
   2. Enlist the Services of an Attorney
          i. Find an Attorney-at-Law who specializes in Restrictive Covenant Modifications.
          ii. The attorney will in turn have a Fixed Date Claim Form and an Affidavit filed in the Courts to receive a hearing date.
          iii. The documents will then be served on the Council, processed and a decision given on the Modification request.

A breach is a violation of the restrictive covenants set out in the property title.

Restrictive covenants are clauses in a property title that limit what the owner of the land can do within the property boundaries. They are intended to enhance property values by controlling development. Restrictive covenants are enforceable in a court of law. A person who purchases a lot in a development with restrictive covenants must honor the limitations, as these covenants "run with the land."

Approvals granted are valid for 2 years subject to the revalidation of the building permit.

You are required to:
·         Pick up your approved plans. If you are not the owner, he/she must give you a Letter of Authorization stamped and signed by a Justice of the Peace or a Notary Public.
·         Commence construction within the 6 months of the date of approval or the permit will expire and you will required to pay for and obtain a new permit.
·         Contact the appropriate departments to carry out inspections during the course of construction.
·          Keep a copy of the plans and permits on site.