ST KITTS & NEVIS Law and Practice Contributed by: Dahlia Joseph Rowe and Daisy Joseph Andall, Joseph Rowe, Attorneys-at-Law
2.7 Soil Pollution or Environmental Contamination In St Kitts and Nevis, the seller of real estate is to ensure that he or she complies with the laws of the National Conservation Environmental and Protection Act, amongst others, and equally the buyer is responsible for ensuring compliance when the property is transferred. Even if the buyer did not cause the pollution or contamina - tion, as the owner of the land, he or she would be ultimately responsible for same, but he or she may be able to seek an indemnity against the seller if it can be established that the seller was responsible for the contamination. 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law According to the Development Control and Planning Act (the “Planning Act”), every per - son seeking to erect, re-erect, remove or alter the structure of a building is required to make an application to the Department of Physical Planning for permission to do so. A buyer can ascertain the permitted uses of a parcel of real estate under applicable zoning or planning law by contacting the Department of Physical Plan - ning to obtain a copy of the zoning plan, plan - ning scheme and planning regulations relevant to that area. The relevant plan will contain requirements concerning land use, vehicular access, park - ing, setbacks from boundaries, site coverage, floor area limitations, height limitations, external appearance (in some cases, including preferred colours) and tree planting. There may also be special planning controls on alterations to build - ings of historic interest. Usually, signs and adver - tising devices are subject to planning controls. A buyer can also source a copy of the COT or deed in respect of the property that would con -
tain the restrictive covenants attached to the land. The general Building Code applicable to St Kitts and Nevis is set out in the seventh schedule to the Planning Act. The St Kitts (Planned Community) Act provides for the establishment and registration of planned communities. The purpose of the Act is stated as “to allow and facilitate the creation, devel - opment, and operation of one or more planned communities in the St Kitts peninsula resort dis - trict and to provide for related matters”. The Act has since been extended to other areas in St Kitts that benefit from the special provisions of the Planned Community Act. The objectives of the Act are stated as follows: • to allow and facilitate the creation, develop - ment and operation of one or more planned communities in St Kitts; • to provide a mechanism for the registration of title to a parcel of land intended for subdivi - sion and development in a planned commu - nity and to provide for positive covenants to run with the title to the land; • to provide for the regulation of the rights and obligations of the owners of property within a planned community; • to provide for the creation of a commu - nity corporation that will be responsible for the development and management of the amenities within and the infrastructure of the planned community; and • to facilitate the establishment and enforce - ment of the obligations of a landowner within the planned community. 2.9 Condemnation, Expropriation or Compulsory Purchase Pursuant to the Constitution of St Christopher and Nevis and the Land Acquisition Act (or the Land Acquisition Ordinance in Nevis), the gov -
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