Nassau, The Bahamas -- Government closes the gap between subdivision developers and land prospectors with the new 2010 Planning and Subdivisions Act.  It holds developers accountable to people purchasing lots in a subdivision before, during and after the transaction.

On June 14, the new Act was passed and updated the existing subdivision approval requirements.  It provides legal remedies for preventing negligence and applying liabilities on behalf of injured parties, protecting them with performance bonds and an escrow account.    

“The new Act 2010 provides for compensation and liability and states specifically circumstances in which the Government or any committee would be liable to compensation,” said Michael Major, Director of Department of Physical Planning.

“It applies to the present legislation if you are to get approval and is binding.  If the Government decides to change its mind, you are liable to compensation.  It has another approval step you have to obtain, and as long as you don’t obtain site plan approval, then there’s no liability on behalf of the government, the committee, the department or the director.”

 On June 15, nearly 100 concerned citizens gathered for a Town Meeting in the Kendal G.L. Isaacs Gymnasium at 7:00 P.M. at the Queen Elizabeth Sports Centre on Thompson Boulevard.  

Presenters from the Ministry of the Environment and the Department of Physical Planning gave an overview of the Planning and Subdivisions Act 2010, Subdivisions, Land-Use Project, as well as the Forestry Act 2010.  The Act allows the minister to apply the act to an entire island or district. 

“Two primary reasons for the Subdivisions Act 2010 is to (1) prevent the indiscriminate division and development of land and (2) ensure the efficient and orderly infrastructure and services to the built environment,” said Charles Zonicle, Deputy Director of the Department of Physical Planning.

“We know that the largest investment we are likely to make is purchasing land and our dream is to build our little castle.  Here in lies the need to ensure that we will not experience grief, pain, and loss, as over the years, we have all observed.”

Under the new Act, a subdivision is described as a division of a parcel of land into five or more new lots with a provision for the construction of access roads, right of ways, or easements, if required.  As a result of that legal definition, a lot severance is now defined as a division of not more than four new lots from an existing lot, the adding of land to an existing lot, or making lot line adjustments. 

“That’s an important distinction in the new Act,” said Mr. Zonicle.

“We have basically two stages for review.  In a subdivision, you would have preliminary support of the application, given by the Town Planning committee, which will lay out all the conditions for subdivision approval.  Then there’s subdivision approval, which will result as the ready developer provides performance bonds or maybe they will have the means to actually put in the services, or provide an escrow account.  That’s another provision in lieu of a performance bond.”             

The 2010 Planning and Subdivisions Act holds developers responsible for installing utilities and their impact on the transportation system, school zoning districts, health facilities, libraries, and public open spaces.  It also allows charges to be applied in developing infrastructure and the widening of public roads.