BERMUDA Law and Practice Contributed by: E Scott Swainson, Katrina Dickson and Erik Gotfredsen, Wakefield Quin Limited
Oversight As Bermuda sits in the gulf stream and within a hurricane corridor, Building Codes are rigorous and traditional materials are encouraged (con - crete block and slate roofs). Dozens of inspec - tions are carried out during a typical build, and fire, health, electrical and building inspectors must all sign off before a certificate of use and occupancy is issued. Conditional Agreement Where a purchaser is considering seeking a dis - cretionary use rather than a permitted use per Bermuda Plan policies for the zoning or an “in principle” approval for development, the parties often contract to make an acquisition subject to planning consent being granted within an agreed period. Subdivision Bermuda maintains minimum lot sizes and neighbour setbacks via a system called sub - division. Subdivision is based on the laws of Ontario, Canada. Only a lawful lot of subdivision may be con - veyed, mortgaged or leased for more than 21 years. There are exceptions to the general rules for land that is part of a building with no exter - nal land (eg, apartments) and land that was in “separate title” when subdivision was introduced in the 1970s. A purported subdivision in breach of these rules is void but may be regularised if the relevant approval is secured at a later date. Concessions As tourism is one of the largest contributors to Bermuda’s gross domestic product, the gov - ernment is keen to support development within this industry and has offered hotel/tourism con -
tort under Rylands v Fletcher may be feasible against the negligent neighbour. 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law Zoning The Bermuda zoning maps (Bermuda Planning Map Viewer) together with the Bermuda Plan Planning Statement 2018 (available at www. planning.gov.bm) form a comprehensive guide to development in Bermuda. The City Different rules apply to the City of Hamilton, which has its own development plan policies, aimed at encouraging a vibrant capital. Planning Access Planning files are publicly available, except in limited circumstances. There is an active “cus- tomer self-service” portal, which makes the pro - gress of any planning matter easy to review. Requirement for Planning Most “development” of land requires planning permission and a detailed building permit. Minor works may be approved under a General Devel - opment Order and so only require a building permit. Planning Breaches Breach of planning law is considered a serious offence, triggering a need for retroactive plan - ning approval in all cases. Unless extenuating circumstances apply, the retroactive application will be automatically refused and an appeal to the Minster is required. Enforcement Work that is not approved and/or not complet - ed to Building Code is subject to enforcement action (this may include demolition).
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