BAHAMAS Law and Practice Contributed by: Alistair Chisnall and Erica Paine, Graham Thompson
The P&S Act provides the regulatory framework for new developments, major refurbishments or changes of use of a developed property, and no development of land is permitted without the appropriate approval. All manner of development matters fall within the pur - view of the Department of Physical Planning under the P&S Act, ranging from minor lot or parcel-specific boundary line adjustments and setbacks to the plan - ning of major resort and marina development projects. In addition to the P&S Act, construction in The Baha - mas is also regulated under the Building Regulations Act, 1971, supplemented by the Building Code. The purpose of the Code is to provide certain minimum standards, provisions and requirements for safe and stable building design, methods of construction and uses of materials. A building permit issued by the Building Con - trol Department of the Ministry of Works is gener - ally required for all new construction, additions and alterations (including decks, sheds, retaining walls and fences), and must be obtained prior to the com - mencement of such work. In the case of significant development projects or pro - jects that may affect coastal, wetland or other environ - mentally sensitive areas, the BIA and the Department of Physical Planning work in close conjunction with the Department of Environmental Planning and Protection (DEPP) when reviewing development applications. In connection with proposed development projects, the DEPP reviews and provides commentary on environ - mental impact assessments (EIAs) and environmental management plans (EMPs), and issues a Certificate of Environmental Clearance as a required precondition to the commencement of any development project. The Town Planning Committee of the Department of Physical Planning is responsible for regulating the development and designated use of individual par - cels of real estate under the P&S Act. In the case of “Out Islands” (islands in the Commonwealth of The Bahamas other than New Providence Island), certain functions and powers of the Town Planning Commit - tee may be delegated to District Councils under the Local Government Act, 2025. Other environmental
agencies that are often involved in elements of a major purchase or development project include: • the Ministry of the Environment and Housing, which has responsibility for protecting and con - serving the health and sustainability of the natural environment in The Bahamas; • the Ministry of Public Works and Utilities, which has responsibility for overseeing and maintaining public roads and other physical infrastructure of The Bahamas, and (together with the Ministry of the Environment) for administration and enforce - ment of The Bahamas Building Code (“the Code”); • the Ministry of Agriculture, Fisheries and Local Government, which has responsibility for leases of agricultural land and (together with the Fisheries Department) managing the fisheries industry and protected marina areas; • the Department of Environmental Health Services, which has responsibility under the Environmental Health Act, 1987 and related regulations for the protection of public health, certain environmental controls, waste collection, sanitation and landfill operations; • the Bahamas Public Parks & Public Beaches Authority, which has responsibility for public parks, beaches and recreational areas; • the Forestry Unit, which has responsibility under the Forestry Act, 2010 for certain forested areas, parks and protected areas, and for relations with non-government organisations; • the Bahamas National Trust, which is a non-profit quasi-government agency responsible for conserv - ing and protecting the natural and historic resourc - es of The Bahamas and its ecosystems, and for establishing and managing the country’s numerous national parks; • the Antiquities, Monuments, and Museum Cor - poration, which is a non-profit quasi-government agency responsible for protecting, preserving and promoting the historic cultural resources of The Bahamas; • the Bahamas National Geographic and Information Systems Department, which is responsible for oil and natural gas exploration and regulation, alterna - tive and renewable energy, and aragonite mining; and
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