ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster Legal
4.3 Regulatory Authorities The Planning Committee of the Department of Physical Planning guided by the National Land Use Plan is responsible for regulating the devel - opment and designated use of individual parcels of real estate. The submission to the Planning Committee is required to include details such as placement of the intended building and confirma - tion that no boundary covenants will be breached. Once planning permission with respect to the use of the land is obtained, an application is made to the Building Board under the Building Act. The decision in relation to design, layout, construction, sanitation and drainage of the intended construction is made at this level. 4.4 Obtaining Entitlements to Develop a New Project Development of a new project will require the necessary licences/permissions as outlined. So long as the refurbishment does not include an addition to an existing structure that amounts to more than 25% of the square footage of the existing structure, no additional building per - mission may be required. It is, however, recom - mended that the department be consulted to ensure that the structural integrity of the building is not compromised by the refurbishment. So long as there is no encroachment on the property of a third party, there should be no reason for an objection. However, if any citizen believes that the project may harm the environ - ment or cause long or short-term devaluation of their property, they have the right to be heard. 4.5 Right of Appeal Against an Authority’s Decision There is a right of appeal against a relevant authority’s decision respecting an application for permission for development or the carrying
on of a designated use. An aggrieved party has the right to appeal a decision. 4.6 Agreements With Local or Governmental Authorities A Memorandum of Understanding or simi - lar document is usually entered into with the government. Such agreement usually includes a clause stating that the government will use its best endeavours to facilitate expeditious approvals under its control. Agreements with utility suppliers would involve separate contracts between the developer/con - tractor and the utility supplier. 4.7 Enforcement of Restrictions on Development and Designated Use Restrictions on development and designated use are enforced through building inspections and notices by the Building Board under the umbrella of the Department of Physical Planning. 5. Investment Vehicles 5.1 Types of Entities Available to Investors to Hold Real Estate Assets As at 19 April 2022, the Anguilla Companies Act (ABC) and the International Business Company Act (IBC) were repealed. Therefore, the only type of company that is now legally able to hold an interest in property is one governed by the Busi - ness Companies Act (BCA). A foreign Limited Liability Company (LLC) such as a Delaware LLC can also hold title subject to government approval in relation to alien share - holders, if any, and registration as a foreign com - pany under the BCA.
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