Organisatie | Saba |
---|---|
Organisatietype | Caribisch openbaar lichaam |
Officiële naam regeling | Island Ordinance on regulations pertaining to building and housing (Building and Housing Ordinance 1999) |
Citeertitel | Building and Housing Ordinance 1999 |
Vastgesteld door | Eilandsraad |
Onderwerp | volkshuisvesting en woningbouw |
Eigen onderwerp |
Deze regeling is vastgesteld en in werking getreden vóór 10-10-2010, maar op grond van artikel 7 van de Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba en de Positieve lijst regelgeving Eilandsraad Saba (AB 2010, no. 6) tevens vastgesteld voor het openbaar lichaam Saba en derhalve met ingang van 10-10-2010 in het openbaar lichaam Saba van toepassing.
Eilandsbesluit houdende algemene maatregelen inzake het vaststellen van het actuele regelingenbestand van het eilandgebied en toekomstig openbaar lichaam Saba voor zover het haar bevoegdheid betreft
Geen
Datum inwerkingtreding | Terugwerkende kracht tot en met | Datum uitwerkingtreding | Betreft | Datum ondertekening Bron bekendmaking | Kenmerk voorstel |
---|---|---|---|---|---|
10-10-2010 | Bestendiging eilandsregeling in het openbaar lichaam | 26-08-2010 A.B. 2010, no. 6 | Onbekend | ||
28-05-2004 | 10-10-2010 | Art. 5, 7, 12 | 28-05-2004 A.B. 2004, no. 2 | 28-05-2004 | |
30-06-1999 | 28-05-2004 | Nieuwe regeling | 28-05-1999 A.B. 1999, no. 3 | 21-5-1999 |
In this Island Ordinance is meant by:
Structure: any structure of wood, stone, metal or any material, which is either directly or indirectly connected to the ground, or which is directly or indirectly supported in or on the ground;
Building: any structure that forms a covered area, completely or partially enclosed by walls, which is accessible to people;
Constructing: erecting or expanding a building, and also the complete or partial renovation of a building;
House: a building used to house people or which is intended for that purpose;
Road: a piece of land used as road, street, path, quay, square, public garden, jetty, wharf or pier; understood to be part of the road are the verges along the side of the road and also the pipes, gutters and ditches necessary for rainwater drainage;
Protected area: An area determined by the Island Council which needs special protection as stated in article 4A.
CHAPTER II General Stipulations
In this Island Ordinance “owner” is also understood to mean the caretaker and the user and furthermore anyone who by virtue of any right in rem, possessions inclusive, has any property at his disposal. In the event that a corporate body has to be considered as owner as understood in this ordinance, any obligation or any prohibition in this ordinance with regards to the owners, will also be considered as having been imposed on or enforced against the board members of that corporate body.
The owner of a structure, which has been erected or partly renovated or is taken in use as a dwelling after this ordinance takes effect, is obliged to maintain this structure in the condition which complies with the existing applicable legal regulations and the building permit granted for this structure.
With regards to buildings of a simple nature and also in special cases the Executive Council can grant complete, partial or conditional exemption of one or more Stipulations laid down in this ordinance.
By Island Resolution Containing General Measures “eilandsbesluit houdende algemene maatregelen” the Executive Council can decide that based on Article 4 and 5 are not applicable for the area stipulated by the Island Council, known as the “Protected Area”.
The area mentioned in Article 4A will be described and the reasons why building in that area is prohibited.
Building in the “Protected Area” is prohibited, unless the Government has issued a building permit,
The execution of work in the “Protected Area” is prohibited without being in possession of an executing permit “aanlegvergunning” from the Executive Council.
A structure that is under construction when this ordinance goes into effect shall be considered complete if the exterior and interior walls have been erected for more than 50%.
It is prohibited to erect a building or structure, to renovate it either completely or partially or to have it erected or to have it renovated either completely or partially without written permission of the Executive Council (building permit). It is furthermore prohibited to build contrary to the stipulation laid down in a granted building permit.
Applications for building permits shall be judged by the regulations to be decreed by island resolution on general measures with regards to:
CHAPTER IV Building without building permit
CHAPTER V Procedure for building permits
The applicant is obliged to provide the Executive Council with any specific information the Executive Council may desire.
The decision to grant a provisional building permit or to partially or completely deny a building permit, is always properly motivated and can be based on one or more of the following or other circumstances:
As a deviation from what is specified in article 11, the Executive Council withholds its decision in the event that there are no grounds on which the building permit should be denied and, before the application has been submitted, for the area in which the structure will be erected, either a preparatory resolution (voorbereidingsbesluit) is taken as mentioned in article 16 of the Island Ordinance on Zoning Saba (Eilandsverordening Ruimtelijke Ontwikkelingsplanning Saba) or a draft development plan or a draft revision of a development plan has been made public for perusal.
Owners are compelled to submit the building permit to civil servants charged with tracing violations of this ordinance - on their first demand - for inspection purposes.
In the event that the deadline to appeal the revocation of a building permit has lapsed, a new building permit has to be requested if the interested party still wishes to carry out or to continue the intended construction. In such an event the documents and drawings of the revoked building permit are used again.
It is prohibited to construct a dwelling house or to have a dwelling house constructed otherwise than along a road.
The splitting up of a dwelling house into several dwellings and the preparing for habitation of a building or part of a building which was not intended for habitation before, are considered as the erection of a dwelling house or houses.
It is prohibited to give out, to take or to have constructions as referred to in the first paragraph for habitation purposes otherwise than with written permission of the Executive Council and otherwise than with consideration of the conditions stated in the permit with regards to health, safety and decency.
CHAPTER VII Dwellings unfit for habitation
If the Executive Council deems a dwelling unfit for habitation from a hygienic point of view, it informs the owner in writing about this mentioning the reasons while ordering the owner to carry out the improvements deemed necessary and specifically indicated within a specified period of time.
In the event that the order referred to in the aforementioned article is not carried out, while habitation continues or has started again, the Executive Council declares the dwelling unfit for habitation after the set period of time and has the dwelling vacated after a specified period of time. Furthermore, if this appears necessary, the Executive Council orders the closure of the dwelling, as long as deemed necessary.
On behalf of the Executive Council a clearly visible sign which reads: “Unfit For Habitation” will be attached to the dwelling declared unfit for habitation or to the vacated building after the dwelling has been vacated.
The police will execute vacation and closure after the time stipulated has lapsed, on presentation of the order to that effect and in the presence of either the public prosecutor or his deputy or an assistant public prosecutor.
Withdrawal of the declaration of a dwelling being unfit for habitation can be done by the Executive Council at the request of the owner, provided that there is sufficient evidence that the dwelling has been put into a habitable condition or that it has completely lost the character of a dwelling because of renovation.
CHAPTER VII Dilapidated buildings, walls or yard partitions
The owner of buildings, walls or yard partitions which might collapse or pose any danger because of the completely or partly dilapidated or neglectful condition they are in, is compelled by a properly motivated written decision of the Executive Council, to see to it that within the period of time as stipulated in this decision, the buildings, walls or yard partitions referred to are duly repaired or strengthened or, at the discretion of the owner, demolished.
If the decision referred to in article 27, first paragraph is not carried out within the stipulated period of time, the Executive Council can have the repairs or the buildings, walls or yard partitions referred to completely or partially demolished, if the Executive Council deems such necessary in view of imminent danger, at the expense of the owner.
If at the time of committing the violation one year has not yet passed since an earlier sentence of the guilty party because of a similar violation has become irrevocable, the competent judge can sentence that party to pay a fine equal to double the amount which is set as maximum for each violation.
CHAPTER X Supervision and inspection
The civil servants mentioned in article 8 of the Penal Ordinance of the Netherlands Antilles are charged with supervising the compliance with this ordinance.
If the location is also a dwelling or only accessible through a dwelling then they can not enter the dwelling against the will of the inhabitant unless they carry a general or special written order of the public prosecutor concerned or his deputy and in that event only in the presence of that civil servant or of the assistant public prosecutor.
With the exception of urgent cases, the stipulations referred to in the first paragraph are not carried out pending the period of appeal and the handling of same appeal or before the interested party has been warned in writing and has been given the opportunity to remove or to do whatever is necessary.
The expenses applied in accordance with the aforementioned article are privileged to the building for which the expenses were made and are acquitted from the yield of the property after the expenses of maintenance referred to in article 1165 under point 4 of the Civil Code of the Netherlands Antilles, are acquitted.
This ordinance can be quoted as “Building and Housing Ordinance 1999” and goes into effect one month after having been decreed by the Island Council.