BERMUDA Law and Practice Contributed by: E. Scott Swainson, Andrew Morgan and Erik Gotfredsen, Wakefield Quin Limited
ence between attorneys. Where a term is ambiguous, it is construed against the draftsman and parol evi - dence of intent is allowed. 2.6 Important Areas of Law for Investors Buyers should engage an experienced property spe - cialist attorney who has access to corporate, immigra - tion and litigation support. They should ensure that all pre-conditions are satisfied in a timely manner and that deadlines to rescind for failure to satisfy condi - tions are strictly observed. They should pre-consult with planners and any lender, and must bear in mind that everything is slower on an island where shipping delays can impact timelines and increase costs sig - nificantly. 2.7 Soil Pollution or Environmental Contamination Legally speaking, the successor owner is not liable for their predecessor’s contamination but practically speaking may need to remediate for health and asset protection reasons. If contamination emanates from other land, an action in tort under Rylands v Fletcher may be feasible against the negligent neighbour. 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law Zoning The Bermuda zoning maps (Bermuda Planning Map Viewer) together with the Bermuda Plan Planning State - ment 2018 (available at www.planning.gov.bm) form a comprehensive guide to development in Bermuda. The City Different rules apply to the City of Hamilton, which has its own development plan policies, aimed at encour - aging a vibrant capital. Planning Access Planning files are publicly available, except in limited circumstances. There is an active “customer self-ser - vice” portal, which makes the progress of any plan -
be approved under a General Development Order and so only require a building permit. Planning Breaches Breach of planning law is considered a serious offence, triggering a need for retroactive planning approval in all cases. Unless extenuating circumstances apply, the retroactive application will be automatically refused and an appeal to the Minister is required. Enforcement Work that is not approved and/or not completed to Building Code is subject to enforcement action (this may include demolition). Oversight As Bermuda sits in the Gulf Stream and within a hur - ricane corridor, Building Codes are rigorous and tra - ditional materials are encouraged (concrete block and slate roofs). Dozens of inspections are carried out dur - ing a typical build, and fire, health, electrical and build - ing inspectors must all sign off before a certificate of use and occupancy is issued. Conditional Agreement Where a purchaser is considering seeking a discretion - ary use rather than a permitted use per Bermuda Plan policies for the zoning or an “in principle” approval for development, the parties often contract to make an acquisition subject to planning consent being granted within an agreed period. Subdivision Bermuda maintains minimum lot sizes and neighbour setbacks via a system called subdivision. Subdivision is based on the laws of Ontario, Canada. Only a lawful lot of subdivision may be conveyed, mortgaged or leased for more than 21 years. There are exceptions to the general rules for land that is part of a building with no external land (eg, apartments) and land that was in “separate title” when subdivision was introduced in the 1970s. A purported subdivision in breach of these rules is void but may be regularised if the relevant approval is secured at a later date.
ning matter easy to review. Requirement for Planning
Most “development” of land requires planning permis - sion and a detailed building permit. Minor works may
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