BERMUDA Law and Practice Contributed by: E Scott Swainson, Katrina Dickson and Erik Gotfredsen, Wakefield Quin Limited
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Bermudan laws and controls tend to apply across the board, although the City of Hamilton and the Corporation of St George have conduct of municipal planning policies, which tend to be more flexible on matters such as density, set - backs and building heights; see 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law . 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Stringent Regulation Bermuda has stringent building controls. The Bermuda Plan Planning Statement 2018 and the Building Code contain very detailed provisions. Presumption in Favour of Development Whilst there is a general presumption in favour of development in residential and commercial zones, the opposite applies in conservation zones, including woodland, agricultural and The Bermuda Plan policies favour Bermuda design features, and development tends to be limited to one or two storeys (outside of munici - palities and hotel resorts). Grandfathering Fire and electrical codes are updated frequently. Whilst older plant and conduit is grandfathered, if it was to code when installed, any modifica - tions will require retrofitting to current code. Rooves are generally designed to be catch rain - water, and most properties are tank-fed with coastal reserves. Bermuda Design
some well or piped water back up. There is no mains water per se. 4.3 Regulatory Authorities Supervisory and DAB The Department of Planning governs the par - ishes, and the Corporation of Hamilton is the planning authority for the City of Hamilton. These entities establish planning policy and ensure compliance with broad concepts of approval. The planners make recommendations to a devel - opment applications board (DAB) of appointees, who largely follow the direction offered. Build - ing Control approve detailed drawings, to ensure code compliance on approved developments. Third Party Input Other departments may be asked to consult, such as: • estates, if a new foreshore encroachment is sought; • Environment and Natural Resources (DENR), for regulated plant or approval of a Conserva - tion Management Plan on woodland/nature reserves or if a cave is suspected; and • the Heritage Officer, where a building is listed. 4.4 Obtaining Entitlements to Develop a New Project Major Projects All major projects require planning approval. Some may require public consultation. Advertising and Notice The proposal is advertised online at the Official Gazette and prominent signage is displayed on site. Objections Organisations such as the Bermuda National Trust and Audubon Society monitor these adver -
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