What is the Planning Process like?

The Planning process is split into 2 distinct stages (or sometimes 3);

1. Final Approval (DAP1) – Planning Applications are vetted according to compliance with those things that affect the environment, neighbors, the general public, and the Bermuda aesthetic.

2. Permit or Code Approval – Applications are vetted based on compliance with safety codes and regulations with respect to electrical, plumbing, and structural.

 

In some cases there is an additional step that must be taken in order to acquire a Permit: 

 

Approval in Principle (DAP1 Form)  - For large and/or complicated projects where the basic concept of the project is being scrutinized, this preliminary stage precedes the Final Approval (step 1 above), and the complete Planning process becomes a (3) three step process.

 

Why so complicated?

The Planning Process requires that additional layers of detail be submitted with each application.  If full working drawings were required with the original Planning submission and a denial was issued for something fundamental, there would be no recovery of the time or the funds for the work done.  The logic is that this process;

1. ensures that the pertinent issues of each stage are addressed in turn. 

2. guarantees that the costs for design services are not spent unwisely

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How long will this all take?

The Department of Planning place their timeline for Final Approval to be around 12 weeks.  They rightly state that variances in complexity could extend this timeline.  Keep in mind that the Permit will still need to be acquired after Planing Permission has been granted.  The overall timeline on average works out to be about 16 weeks.  

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Can the process be done any quicker?

In some cases there is an alternative route to acquire a Permit.  The Permitted Development Application can be used when a project meets all of the basic requirements of ‘The Planning Statement’, along with limitations of the project size. Additionally, Interior fit-outs and renovations of specific description can also be submitted using a Permit Application without the prerequisite of a Planning Application (or DAP1).  Both methods will result in a shorter process time periods with Approvals to build that can be granted in as short as 2 weeks.

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What are potential challenges to acquiring a Building Permit?

Challenges vary.  In short, any application that challenges the points of the Planning Statement will receive greater scrutiny.  These are overcome through dialogue with Planning with possible adjustments to the application in order to reach consensus.  Sometimes this can be overcome through dialogue with the Planner, but in some worst cases other courses of action must be taken.

 

What if I am refused a Building Permit?

Keep in mind, Refusal ought never to be the outcome, unless the scheme that has been presented to Planning is the absolute blueprint of what the client desires.   Almost all cases can be discussed with reasonable conclusions reached.  However, when an application is refused the two basic options are that we redesign within the criteria that the Planner has stated would be acceptable, or we Appeal to the Minister. 

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Appeal?  What's that?

Periodically (about 3 times a year, or as needed), an independent inspector comes to the island in order to review applications that have been refused by the Planning Department, or objected to by some other party.  This person will review submissions by all pertinent parties and make recommendation to the Minister who will draft the final response on the matter.  Should this process not work in favor of the client, the next course of action is the courts.

 

IMPORTANT:  THERE IS NO LONGER A DEPARTMENT OF PLANNING FACILITY AVAILABLE FOR RETROACTIVE APPLICATIONS (i.e. WORK THAT HAS BEGUN WITHOUT A PERMIT).  THERE ARE STIFF PENALTIES FOR SUCH CASES AND LEGISLATION IS IN PLACE TO ENFORCE THEM. IT IS THEREFORE ADVISED THAT THE PROPER PROCESS BE FOLLOWED TO ACQUIRE THE NECESSARY PERMIT BEFORE STARTING ANY WORKS.  HORIZONS DOES NOT ACCEPT LIABILITY OR RESPONSIBILITY FOR ANY WORK OF ANY SCOPE OR NATURE DONE WITHOUT THE NECESSARY PERMISSIONS FROM THE PLANNING DEPARTMENT.  WORKS WITHOUT PERMISSIONS ARE CARRIED OUT AT THE RISK TO THE OWNER AND CONTRACTOR ALONE.

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Cool!  So how do we get started?

That's easy.  Click the button below and let's have a conversation about your project today!