NOTICE REGARDING BAHAMIAN BUILDERS AND CONSTRUCTION

Filed Under (BAHAMAS LEGAL NEWS UPDATES) by Mario McCartney on 11-04-2010

Only recently the Ministry of Public Works & Transport released this public notice reminding all builders of the need for the Ministry to inspect and approve of construction projects prior to receive an Occupancy Certificate. According to the notice, the provision of an engineer’s report is not considered a substitute or replacement of the mandatory inspections, only a mere aide of assurance and quality control.

For those who are not familiar with Bahamian construction regulations, contractors who have been hired to construct a building (or the owners of the building) are first required to apply for a permit from the Ministry of Public Works for its construction, and upon its completion the builder/ property owner is required to apply for an Occupier’s Certificate. In order to be approved for an Occupier’s Certificate however, the Buildings Control Officer is required to carry out a thorough inspection of the premises in order to ensure that the construction has met appropriate standards in accordance with the Bahamas Building Code.

Under the general rules of the Buildings Regulations Act, builders are required to give 48 hours notice in writing to the Buildings Control Officer before the works are at a stage where mandatory inspection is required to be carried out in accordance with the Building Code. Failing to do so could result in the Builder being required to cut into, lay open or pull down so much of the building, works or fittings as in the opinion of the Buildings Control Officer that will prevent a proper inspection from being carried out to ascertain whether or not the country’s Building Code and all approved plans have been complied with.

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MINISTRY OF PUBLIC WORKS & TRANSPORT BUILDING REGULATIONS ACT, 1971

NOTICE

INSPECTIONS OF BUILDING OPERATIONS

The general public is reminded that Occupancy Certificates shall only be issued where buildings have received the mandatory inspection approvals during the construction in accordance with Section 11 (1) of the Buildings Regulations Act, Chapter 200. All builders must show proof of having requested and received structural, plumbing, electrical and mechanical approvals where applicable for each building constructed. Failure to secure the required inspection approvals will require the builder to cut into or lay open portion or portions of the building to ascertain compliance with Section 10 (2) of the Building Regulations Act.

The general public is further advised that an engineer’s report submitted in lieu of the required stage inspections will not be accepted as having met the requirements for an Occupancy Certificate and therefore shall not be construed as a substitute or replacement for the mandatory inspections of Section 10 (1) of the Buildings Regulations Act.

Engineer’s reports shall only be considered as an aide of assurance and quality control of a building project to the owner, the architect and the Building Control Division.

Craig G. Delancy

Building Control Officer

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