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Westmoreland Sub-Division Approvals

The Local Planning Authorities are those entities at the local government level, which are responsible for ensuring that development within the parish occurs in an efficient, orderly and sustainable manner. They include the fourteen (14) Municipal Corporations (MCs) which include the thirteen (13) Parish MCs and the Portmore MC. 

In keeping with the Local Improvement Act all applications for Subdivision Approval must be submitted to and approved by the Municipal Corporations (MCs) before any work or construction can commence or the sale of any of the subdivided lots. The MCs are responsible for approving subdivision plans for the public, government agencies and private sector entities in their respective parish. Recommendations are received from the National Environment & Planning Agency (NEPA), along with other reviewing agencies, but the final decision or refusal rests with the Municipal Corporations.  The Minister with portfolio responsibility for Land and the Environment must also confirm and approve the MC’s decision.

Subdivision occurs whenever you as an investor/land owner decide to split an existing parcel of land into two or more segments/lots for sale, gift or lease, and then obtain individual titles (splinter titles) for each lot. The regulations of the Local Improvement Act govern this process so that:

• The proposed use is suitable for the land.

• The plan fits in with the local legislation and policies.

• The people in the area are protected from developments that are unsuitable or cause distress on the services in the area.

See below for more information about how to “Obtain Subdivision Approval for Westmoreland”, see the business process guideline below”.

How to obtain Subdivision Approval in Westmoreland

The Process – Westmoreland MC
Process Quick Tips

1.    In addition, prior to submitting for Planning Approvals, the Municipal Corporation offers a walk-in “Pre-Check” service.  This allows you to bring in one (1) set of your drawings/plans for review and comments prior to your full submission.  They will also guide you on how to submit your subsequent detailed application.

2.    The location of your development (including the property’s geographical and topological characteristics) will determine which of the Reviewing Agencies your application will be circulated to for their comments as a part of this process.

3.    For Planning/Building/Subdivision applications, the Kingston and St. Andrew Municipal Corporation requires that submissions be made to the Fire Department prior to applying. This is not a requirement of the other Municipal Corporations.

4.    When submitting your documents, it is best to be accompanied by the project manager/lead architect.

5.    There are essential services that must be put in place when subdividing; the main one is access to the lots. The others are potable water and electricity. These regulations help to maintain standards and protect buyers.  The need for infrastructure is dependent on the layout of the proposal & number of lots.

6.    Your development is legal as long as all approved conditions that had been accepted are adhered to.

7.    As apartments/units in a building can have separate titles and may be sold separately, they will come under the umbrella of a subdivision.

8.    If an applicant is aggrieved by the decision or the conditions of approval handed down by the Local Planning Authority, they can appeal to the Minister within twenty-eight (28) days of receipt of the letter indicating the Authority’s decision.

Plan Registration and Splinter Titles Process:
9.    In all transactions related to registered land, a Stamp Duty and Transfer Tax may be payable to the Commissioner of Stamp Duties and Transfer Tax unless falling into any category of exempt transactions. 
 
To get started on your subdivision approval process… visit the Westmoreland MC's website.