If you wish to develop real estate in Aruba, either for business or residential purposes, there are two major legal frameworks you have to take into account. The construction sector is governed by the Construction and Housing Ordinance (“Bouw- en Woningverordening”) and the related Construction and Housing Decree (“Bouw- en Woningbesluit”). Before you start building, however, you might have to acquire a plot of land, which can be either property (“eigendomsgrond”) or long lease (“erfpacht”). If you have a particular lot in mind or selected one it is important to know its purpose. To discover which type of land use is allowed, you have to consult the zoning plan, locally known as “ROP” (“Ruimtelijk Ontwikkelingsplan”).
What is the ROP?
The ROP has been introduced on 7 May 2009 by national decree pursuant to the National Ordinance Spatial Development (“Landsverordening Ruimtelijke Ontwikkeling”) of 2006. The ROP consists of three documents: a plan description, a plan explanation, and a plan atlas. The plan explanation clarifies the ideas on which the ROP is based. It gives a broad outline of the social needs of Aruba in regard to types of land use, such as housing, business, industry, agriculture and tourism. The plan description broadly defines the most desired development of Aruba and offers a detailed and policy goals connected description of zones, like the touristic, economic and urban zone, and nature reserves. These zones are also featured in the plan atlas, which contains a set of maps of Aruba. The ROP states that it is not a binding policy document. The government intended to introduce a more specific set of zoning policies and rules, which was supposed to become the binding ROPV. But the ROPV has not yet been issued.
ROP Consequences for Construction
Even though the ROP itself indicates that it is not a binding instrument, the Aruban court of first instance has concluded in regard to a recent case that the government can be held to certain public policy decisions like the ROP (it has not yet been established by the court that the ROP is binding
in all cases). As a consequence, Aruba might have to apply the zoning policies as described in the ROP. This can even be the case when the government grants a long leasehold under terms and conditions that differ from the requisite qualifications set out for the zone in which the plot of land is located. To avoid legal conflicts with interested parties like NGO’s or local residents, it is therefore important to check in which zone the lot is located and which rules apply to that zone according to the ROP. This might not be as easy as it sounds due to the fact that plan atlas shows large parts of Aruba instead of more detailed maps. Hence, the exact borders of a zone are difficult to locate.
Building permit
Whether you bought a plot of land or you already had one, you will still need to obtain a building permit for your envisaged construction.
And you will have to do this before you start building. Depending on the kind of construction you wish to undertake different conditions apply. In special circumstances and for buildings of a simple nature, it is possible to obtain a partial, whole or conditional exemption of a building permit from the minister. In some limited cases the law provides that it is not necessary to obtain a building permit. For instance, graves, small pens for animals or household storage, and urgent measures to prevent damage (the latter has to be reported to the minister within three days) are exempt. A building permit can be revoked in two cases. Firstly, when the conditions applicable to the building permit are not complied with. Secondly, when the construction has not started within a year of obtaining the permit or has been suspended for over a year. Last but not least, building without a permit or contravening it can be punished with
a maximum fine of AWG 5,000. This fine can be doubled if someone is convicted for a similar infraction in less than a year.
ROP under review
The ROP is currently under review and is likely to be updated in the course of 2018.
Costs Building Permit
To calculate the costs involved with a building permit application you can visit: http://www.overheid.aw/informatie-dienstverlening/woning_3171/item/woning-bouwen-of-verbouwen_681.html.
More information
For more information regarding the ROP and building permits, you can send an email to info@ekvandoorne.com.