Real Estate 2025

ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster LP

4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning The applicable legislation is the Land Develop - ment (Control) Act and related protocols – see 2.8 Permitted Uses of Real Estate Under Zon- ing or Planning Law . 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The Proposed Anguilla National Land Use Plan sets out the guidelines relied upon by the Plan - ning Committee while the Anguilla Building Code is a guideline that applies to the design and con - struction of new buildings (alteration, demoli - tion, relocation, reconstruction, etc), and pro - vides recommendations with respect to waste disposal facilities and the minimum provision of water supply, etc. 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 con - firmation 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.

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