ILLEGAL CONSTRUCTION FIGHT HAS BEEN ‘A RANK FAILURE’

“What if contractors, developers and project sponsors take the position they are no longer going to apply for building permits, and will just build on their lot. What if developers, contractors and builders do not pay the necessary inspection fees? Why should they disadvantage themselves if 300 others did not do the same thing? How is it that Bahamian contractors must wait until their clients have obtained permits to build but shanty town residents apparently do not?”

Ryan Pinder KC, the attorney general, said on Tuesday in the aftermath of Sir Ian’s ruling that the Government now plans to employ the Building

Regulations Act to demolish and remove structures that have been built in violation of this law. The Chief Justice, in his ruling, left the door open to such action by saying he was “comforted” that the Government has “other lawful means” to take the necessary action under the minister of works and utilities’ remit. The Building Regulations Act empowers the responsible minister to mandate that owners demolish illegal structures and, if they fail to do so within 28 days, the Government can then act. This appears to provide the Davis administration with legal means to proceed with demolitions, as Mr Pinder indicated, but Mr Sands argued that the failure of past administrations to enforce the Act is “incredibly dangerous because the precedent has been set”.

“That’s incredibly dangerous that we don’t enforce the law. It has not been enforced for decades, or it has been enforced selectively,” Mr Sands told Tribune Business. “If you build on your property without a permit they will enforce the law on you, but they don’t seek to enforce it on those who blatantly disregard it.

“This is rank and absolute failure to manage the built environment. This falls squarely on the feet of the Ministry of Works and Building Control. This is total dereliction of duty by the Government of The Bahamas and has to be addressed. I represent contractors who follow the law, and they are asking me why they should follow the law. It’s that serious. It’s a national matter. I don’t know why they should. It’s a free for all and it’s not fair.

“It seems like there are two laws in our society. One for those that follow the law, and none for those that do not. The Building Regulations Act is clear on the process which must be followed in order to build a structure.” While Sir Ian ruled that shanty town residents had not sufficiently been informed of the injunction’s terms prohibiting further construction and expansion of illegal structures, Mr Sands argued that his judgment did not address the failure to obtain permits