BERMUDA Law and Practice Contributed by: E. Scott Swainson, Andrew Morgan and Erik Gotfredsen, Wakefield Quin Limited
Regulatory Authorities Supervisory and DAB
made with the intent to fraudulently prefer one or more of such company’s creditors at a time when the com - pany was unable to pay its debts as they became due. 3.10 Taxes on Loans As stated in 2.10 Taxes Applicable to a Transaction , mortgage and loan documents attract stamp duty (being a document tax). This has been the case for many years; nominal filing or registration fees have also been payable historically. As far as is known, no new taxes or charges relating to such documents are currently being considered. Bermudan laws and controls tend to apply across the board, although the City of Hamilton and the Corpora - tion of St George have conduct of municipal planning policies, which tend to be more flexible on matters such as density, setbacks and building heights; see 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law . Bermuda has stringent building controls. The Bermu - da Plan Planning Statement 2018 and the Building Code contain very detailed provisions. Whilst there is a general presumption in favour of development in residential and commercial zones, the opposite applies in conservation zones, including woodland, agricultural and coastal reserves. The Bermuda Plan policies favour Bermuda design features, and development tends to be limited to one or two storeys (outside of municipalities and hotel resorts). 4. Planning and Zoning 4.1 Planning and Zoning Framework Legislative and Governmental Controls Fire and electrical codes are updated frequently. Whilst older plant and conduit is grandfathered, if it was to code when installed, any modifications will require retrofitting to current code. Roofs are gener - ally designed to catch rainwater, and most properties are tank-fed with some well or piped water back-up. There is no mains water per se.
The Department of Planning governs the parishes, and the Corporation of Hamilton is the planning authority for the City of Hamilton. These entities establish plan - ning policy and ensure compliance with broad con - cepts of approval. The planners make recommenda - tions to a development applications board (DAB) of appointees, who largely follow the direction offered. Building Control approve detailed drawings, to ensure code compliance on approved developments. Third-party input Other departments may be asked to consult, such as: • estates, if a new foreshore encroachment is sought; • Environment and Natural Resources (DENR), for regulated plant or approval of a Conservation Man - agement Plan on woodland/nature reserves or if a cave is suspected; and • the Heritage Officer, where a building is listed. 4.2 Development Process, Challenges and Enforcement Obtaining Entitlements to Develop a New Project All major projects require planning approval. Some may require public consultation. The proposal is advertised online at the Official Gazette and prominent signage is displayed on site. Objections Organisations such as the Bermuda National Trust and Audubon Society monitor these advertisements and tend to object to development on conservation land. In addition, private individuals may lodge an objection within a 21-day period. Objections give the objector standing – the right to know the decision and, if aggrieved, the right to appeal. Most objections are lodged on emotive grounds and are insupportable (eg, there is no right to a view, absent a restrictive covenant or easement). Only plan - ning objections made on true planning grounds are supported.
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