ST KITTS & NEVIS Law and Practice Contributed by: Dahlia Joseph Rowe and Daisy Joseph Andall, Joseph Rowe, Attorneys-at-Law
tions are not complied with, the DPP may issue a stop order and the offending landowner may be subject to a fine. 4.4 Obtaining Entitlements to Develop a New Project Applications for approval to develop a major new project or any project under the CBI programme are to be submitted to the St Kitts Investment Promotion Agency (SKIPA) with the relevant architectural and building plans, topographi - cal surveys, environmental impact assessment survey, business plan and other relevant docu - ments. Depending on the nature of the project, its size and its location, public consultations are held prior to granting approval. In such cases, third parties are allowed to participate and object, if appropriate. In a recent case, Anne H. Bass v Department of Physical Planning, the court confirmed that pursuant to the Nevis Planning Ordinance, members of the public had the right to attend the office of the DPP and inspect the plans and documents submitted in relation to a development in Nevis. 4.5 Right of Appeal Against an Authority’s Decision If an applicant is dissatisfied with the decision of the DPP, the applicant may appeal to the Physi - cal Planning Appeal Tribunal. If the applicant is dissatisfied with the decision of the Tribunal, there is a right of further appeal to the High Court. 4.6 Agreements With Local or Governmental Authorities Typically, a developer would enter into a devel - opment agreement with the government that would usually make provision for co-operation of the various government departments or authori -
ties. The utilities (electricity, water, and such) are government owned (through a company, in the case of electricity) and the government may make representations in relation to those as well. Separate agreements may be negotiated with suppliers of other utility services (eg, internet, cable) but typically with the assistance of the government by agreement. 4.7 Enforcement of Restrictions on Development and Designated Use While it is not typically a scheduled procedure, employees of the various regulatory depart - ments (where applicable) would usually visit work sites to check the progress of construc - tion or renovation, and whether there are any breaches of the zoning, agricultural, health and environmental laws, amongst others. If there are any breaches, a stop notice may be issued, halt - ing construction. Also, a fine may be imposed on the offending party. 5. Investment Vehicles 5.1 Types of Entities Available to Investors to Hold Real Estate Assets Investors may hold real estate assets through a local company or a limited partnership. A local limited liability company is most frequently used. 5.2 Main Features and Tax Implications of the Constitution of Each Type of Entity The main features of the constitution of each type of entity used to invest in real estate are as follows. Limited Partnership Any two or more persons, including a body cor - porate person, may form a limited partnership but at least one person must be a general part - ner. In a limited partnership, the general partner
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