Over the years, both man-made and natural disasters have threatened Jamaica’s built environment. There was a dire need not only for a modern building code but also for appropriate legislation to enforce the code to ensure safety in the built environment.
In response to this need Parliament passed the Building Act of 2018 (“the Act”), which came into operation on January 15, 2019. The Act repealed the Kingston and St. Andrew Building Act and the Parish Councils Building Act and makes new provisions for the regulation of the building industry in Jamaica. Although the regulations made under the repealed Acts were preserved, new regulations will soon be promulgated.
Application of the Act
The Act generally applies to building work and the change of building use in Jamaica, whether the building was constructed before or after the date that the Act came into force. “Building work” under the Act refers to the design, construction, erection, alteration, repair, extension, modification, demolition or removal of a building and all activities relating thereto. “Building use” includes activities done in or on a building.
Although certain categories of building work are exempted, they may still be subject to the provisions of the Act if the local authority decides that it is in the public interest that this be done. The Act provides that in determining what constitutes “public interest”, the local authority must have regard to the objects of the Act.
Introduction of a National Building Code
The Act establishes a National Building Code for Jamaica, which is comprised of a series of regulations for different categories of building work. Under the Act, The International Building Code together with 11 documents which have been declared by the Bureau of Standards to be standards of specification, are prescribed as the National Building Code of Jamaica.
The persons required to comply with the building code are: the builder, the owner or occupier of the land where the work is being carried out, persons concerned with the management of the building work and the building practitioner or building professional who prepares plans and specification for the building work.
The Act identifies the Bureau of Standards as the body responsible for making recommendations to the Minister with respect to the National Building Code, determining the extent to which the International Building Codes apply to Jamaica and recommending accreditation standards relating to building work, building material or products, construction methods, design, building components and building systems connected with building work.
Role of the Local Authority
Under the Act, the municipal corporation for each parish is designated as the local building authority and is generally responsible for the administration and enforcement of the provisions of the Act, the National Building Code and any regulations made under the Act.
In the event of a building breach, the local authority may serve a notice on the responsible party requiring that person to remedy the breach, whether by cessation of the building work or otherwise.
The Act also makes provision for the issuing of stop notices and enforcement notices where the local authority has reasonable grounds to suspect that building work is unauthorized or is hazardous to the public. The local authority also has power to apply to the Court for an injunction restraining further breach in the event of the failure of a person to comply with a stop notice or an enforcement notice.
Emergency orders may be issued by a local authority if it is of the opinion that the condition of the land on which building work is being carried out is hazardous to any person. These orders may require a land owner or occupier to evacuate the building or require the builder to cease the building work.
Establishment of Building Appeal Tribunal
The Act establishes a Building Appeal Tribunal and confers on any aggrieved person a right of appeal to the tribunal against a decision made by the local authority in relation to matters such as the refusal of applications for, or the suspension or revocation of a permit, licence, certificate, notice order or other authorization under the National Building Code or any other regulation under the Act.
Strict enforcement
The local government Minister recently warned that the provisions of the Building Act will be rigorously enforced. The owners of existing buildings and persons who intend to construct in the future should ensure that they are adherent to the current building standards. By doing so, they will not only be avoiding penalties but they will also be contributing to the strengthening of the built environment in Jamaica.
Conclusion
It is hoped that the new Act will lead to benefits such as an improvement in Jamaica’s world ranking in dealing with construction permits, greater resilience of buildings to man-made and natural disasters, and a reduction in informal housing in urban and rural areas. Land developers are encouraged to take the necessary steps to ensure that the design and construction of future buildings will promote water conservation and energy efficiency. Building professionals, who are often relied upon by home buyers and developers for their expertise in construction practices, will play a key role in fostering compliance with the National Building Code. As such, it is important for these professionals to adequately familiarize themselves with the current standards to ensure they are correctly applied to future building work.
Ms. Christina Brown is an Attorney-at-Law in the Kingston office of the law firm DunnCox, located at 48 Duke Street. You may contact her at christina.brown@dunncox.com