TURKS & CAICOS Law and Practice Contributed by: Oliver Chapman and Chris Smith, Griffiths and Partners
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Planning permission is required for any proposed development or material change in use of any building or land. However, planning permission will not be necessary if certain exclusions apply; eg, if the works are carried out for maintenance, improvement or other alteration, and affect only the interior of the building or do not materially affect the external appearance of the building. A permit is also required under the Building Code Regulations before the construction or change to a building or structure or any work that requires planning permission is carried out. All such works must be carried out in the manner authorised by the permit. On completion of any development, a certificate of occupancy is issued which confirms that the works have been carried out in accordance with the planning permission and Building Code Regulations and that the property can be legally occupied. 4.3 Regulatory Authorities Responsibility for the regulation of development and designated use of individual parcels of real estate lies with the Planning Department. 4.4 Obtaining Entitlements to Develop a New Project An application for planning permission may need to be advertised in the newspaper and the Turks and Caicos Islands Government Gazette, and notices may need to be posted on the land as well as sent to adjoining owners within 200 feet. Generally, this notification regime does not apply to routine applications to build a house, but rather to larger-scale commercial and residen -
tial developments, changes of density, changes of use and so on. Third parties have the right to object and objec - tions will be taken into account by the planning director when considering applications. 4.5 Right of Appeal Against an Authority’s Decision An applicant can appeal a planning board deci - sion. Such appeals are heard by the Planning Appeal Tribunal. 4.6 Agreements With Local or Governmental Authorities Planning permission may be granted subject to such conditions as the relevant authority sees fit. A prudent developer would engage with utility suppliers at the outset of a project to incorporate their input into their plans. Planning permission runs with the land, although any agreements will be personal to the parties. 4.7 Enforcement of Restrictions on Development and Designated Use Where any development of land (other than material changes in use) has been carried out without the applicable planning permission or not in compliance with any conditions attached to a grant of planning permission, the director of planning may, within six years of the alleged breach, serve an enforcement notice on the owner or occupier of the land. Non-compliance with an enforcement notice is an offence and attracts a fine. If the steps required to be taken by the enforce - ment notice are not carried out within the allotted period, the director of planning may enter the property and take those steps, and may recover the costs as a debt from the owner of the land.
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