Reglamento de Construccion en Belice

BELIZE
BELIZE BUILDING ACT

CHAPTER 131
REVISED EDITION 2011

SHOWING THE SUBSTANTIVE LAWS AS AT 31ST
DECEMBER, 2011
This is a revised edition of the Substantive Laws, prepared by the Law Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the
Substantive Laws of Belize, Revised Edition 2011.
This edition contains a consolidation of amendments made to the law by Act No. 2
of 2005
Belize Building [CAP. 131 3
CHAPTER 131
BELIZE BUILDING
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
3. Application.
PART II
Administration
4. Central Building Authority.
5. Meetings of the Authority.
6. Secretary of the Authority.
7. Times and places of meetings of the Authority.
8. Members not to participate in certain discussions.
9. Director of Building Control.
10. Functions of the Director.
11. Building Inspectors.
12. Protection of persons acting bona fide under the Act.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2011

Printed by Authority of the
Government of Belize
4 [CAP. 131 Belize Building 4 Belize Building [CAP. 131 5
PART III 30. Director may enter.
Building Permits and Control 31. Public buildings not to be used until approved.
13. Application for a permit to build or demolish. 32. Conversion into a public building.
14. Approval or rejection of plans. 33. Authority may require alterations necessary for
safety of public.
15. Procedure for waiver.
34. Dangerous buildings.
16. Request for further information.
35. Closure Orders.
17. Consultation in relation to applications.
36. Hurricane precautions.
18. Grant of a building permit.
19. Fees. PART IV
20. Stop Order. Miscellaneous
21. Penalties. 37. Regulations.
22. Appeals. 38. Repeal of CAP. 131.
23. Power to require removal or alteration of work.
24. Deposit of plans to be ineffective.
25. Occupancy certificates.
26. Moveable dwellings.
27. Buildings of mixed occupancy.
28. Change of use.
29. Public buildings, precautions and examinations

for public safety.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2011 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2011
Printed by Authority of the Printed by Authority of the
Government of Belize Government of Belize
CHAPTER 131 (b) any sewer or water main which is, or is to be, vested
in a public authority;
BELIZE BUILDING
7 of 2003 (c) any aerodrome runway;
2 of 2005.
S. I. 104 of 2005. [1 September, 2005]
st
(d) any railway line;
PART I
(e) any telegraph line and its supports;
Preliminary
(f) any electricity supply line and its supports which is or
is to be vested in a public authority;
Short title. 1. This Act may be cited as the Belize Building Act.
(g) any reservoir which is or is to be vested in a public
Interpretation. 2.–(1) For the purposes of this Act, unless the context otherwise requires,
authority;
the following expressions shall have the meaning hereby assigned to
them,
“Building Inspector” means an engineering or architectural technician
appointed under section 11 to assist the Director of Building Control in
“addition” means an extension to the structure of a building;
the performance of his duties;
“architect” means a person registered under the Professional Architects
“Court” means the Magistrates’ Court;
(Registration) Act;
“dangerous building” means a building rendered unfit for human or other
“Authority” means the organisation established under section 4 with
habitation or which constitutes a danger to public safety by reason of the
responsibility for the administration of the Act;
building, or anything attached to the building, being in such a state as to
cause risk or injury either to the occupier or owner of such building or to
“builder” means a person engaged as a contractor or otherwise in the
any neighbouring building or to the public;
erection, construction, alteration, improvement, maintenance or repair
of buildings or works incidental to any of the foregoing;
“Director” means the Director of Building Control appointed under
section 9 of this Act and charged with the administration of the affairs of
“building” means any structure or erection of whatever kind or nature
the Authority;
whatsoever, whether temporary or permanent, and every part thereof,
including any fixture thereto, not being a structure or erection consisting
“engineer” means a person registered under the Professional Engineers
of, or ancillary to,
(Registration) Act, Cap. 326.03;
(a) any road, whether public or private, including in the
“fence” means an enclosure or wall, not exceeding six feet, that surrounds
case of a public road (but not in the case of a private
a plot of land;
road) any bridge or culvert on which the road is
carried;
“existing building” means a building erected or in the course of erection “Minister” means the Minister responsible for Housing;
at the time when the building regulations come into force in the area in
which the building stands, or a building the plans of which have been “new building” means a building other than an existing building;
approved by the Local Building Authority at that time;
“occupier” of a building means the person in temporary or subordinate
“habitable room” means a room used or intended to be used for living, possession of the building in respect of which the word is used or of any
eating or sleeping, and “habitation” shall be construed accordingly; part of such building;
“hazardous materials” means any material scheduled by the Authority as “operations” includes operations carried out in relation to the enclosure
a hazardous material and includes all substances for the storage or use of and preparation of the site of a building;
which special legislation exists such as explosives, petroleum and other
highly flammable liquids; “owner” of a building includes the person for the time being receiving the
rent of the building in connection with which the word is used, whether
“hazardous process” means any process scheduled by the Authority as on his own account or as agent or trustee for any other person or persons,
being a hazardous process and includes processes involving hazardous or who would receive the same if such building were let to a tenant;
materials;
“person” includes a corporation or incorporated body;
“house” includes any part of a building, being a part which is occupied
or intended to be occupied as a separate dwelling, and in particular “plot” means all that piece of land which belongs or will belong
includes a flat; exclusively to the building;
“local authority” means, “public building” means a building that is occupied by, or accessible to,
the general public;
(a) in respect of Belize City, the Belize City Council
constituted under the Belize City Council Act, Cap. “street” includes any public road, bridge, lane, alley or footway and any
85; drain in connection therewith, and any land reserved for a future public
road or footway and any drain in connection therewith;
(b) in respect of the City of Belmopan, the Belmopan City
Council constituted under the Belmopan City Council “structure” includes any building, or any part thereof, and any wall
Act, Cap. 86; or fence or any other structure whatever, and everything fixed to or
projecting from any building or any wall or fence or other structure.
(c) in respect of any other town, the Town Council of that
town as constituted under the Town Councils Act, (2) Any reference in this Act to a building shall unless the context
Cap. 87; otherwise requires be construed to include a reference to a prospective
building; and in relation to the extension, alteration or change in use of
2 of 2005. “Local Building Authority” means the Building Authority reporting to a building, the expression “building” in this Act shall, unless the context
the local authorities and charged with the responsibility of approving otherwise requires, be construed as a reference only to so much of the
building plans and issuing building and occupancy permits on behalf of building as is comprised in the extension or in the subject of the alteration
the Authority; or change in use, as the case may be.
Application. 3.–(1) The provisions of this Act shall apply to the construction of any (f) a representative of the Ministry responsible for the
building in Belize. Public Utilities Commission;
(2) Any addition to, rebuilding or substantial refurbishing of the (g) a representative of the Ministry responsible for Lands
structure of a building must comply with the provisions of this Act, even and Surveys;
if the building was erected before the Act became operative.
(h) a representative of the Association of Mayors;
(3) Where additions are made to an existing building that would not (i) a representatives of the Association of Professional
comply with the provisions of this Act, the owner or applicant must
Architects who is from the private sector;
state what steps are to be taken to improve compliance, or the Building
Inspector for the district may impose conditions to ensure that the
additions comply with the provisions of this Act. (j) a representative of the Association of Professional
Engineers who is from the private sector;
PART II (k) a representative of the National Association of Village

Councils.
Administration
(3) The Minister shall appoint, by notice published in the Gazette, a
Chairperson and a Vice Chairperson of the Authority from among the
Central Building 4.–(1) There is hereby established a Central Building Authority consisting members of the Authority, and the Chairperson and Vice Chairperson
Authority.
of the members specified in subsection(2) of this section which shall be shall hold office for a term of two years.
2 of 2005. responsible for the administration of this Act.
(4) A member of the Authority referred to in subsection (2)(h) of this
2 of 2005. (2) The Authority shall consist of eleven members appointed by the
section shall be appointed by the Minister, by notice published in the
Minister comprising,
Gazette, for a term of two years and may be reappointed as a member
(a) a representative of the Ministry responsible for upon expiration of the term of his appointment.
Housing who shall be a qualifies engineer;
(5) A member of the Authority referred to in subsection (2)(h) of
(b) a representative of the Ministry responsible for Works this section may resign his office upon giving written notice to the
who shall be a qualified architect; Minister; the Minister may revoke the appointment of such member of
the Authority upon giving written notice to that member.
(c) a representative of the Ministry responsible for the
Environment; (6) The Chairperson shall have an original vote on any matter or 2 of 2005.
question before the Authority.
(d) a representative of the Ministry responsible for Public
Health;
(6.01) The names of all members of the Authority as first constituted, 2 of 2005.
(e) a representative of the Ministry responsible for their terms of office and every change in the membership thereof shall be
National Fire Service; published in the Gazette.
2 of 2005. (6.02) The Minister on the recommendation of each Local Authority responsible for preparing and maintaining all records and minutes of the
shall appoint the Local Building Authority charged with the responsibility proceedings of the Authority and of applications made to the Authority.
of approving building and occupancy permit on behalf of the Authority.
(3) The Secretary shall perform such duties as are or may be conferred
(7) The Authority shall be entitled to the same protection under the upon him by this Act and such other duties as may be required by the
Public Authorities Protection Act, Cap. 31 as if it were included in the Director.
definition of Public Authority” given in section 2 of that Act, and the
place at which the Authority shall hold its meetings shall be deemed to be 7. The Authority shall meet at such times and places in Belize, as it shall Times and places
of meetings of the
the “abode” of the Authority within the meaning of that Act. nominate and the Minister shall approve. Authority.
Meetings of the 5.–(1) A meeting of the Authority shall be convened by the Chairperson, 8.–(1) Any member of the Authority who has personal interest in any in Members not to
Authority. participate in cer-
or in his absence from Belize or his inability for any reason to act, by the matter which comes before the Authority for discussion at any meeting of tain discussions.
Vice Chairperson, the Authority, during any time when he is present at that meeting, shall
forthwith declare that interest and shall withdraw from the meeting and
Provided that the Chairperson (or Vice Chairperson as the case may in certain remain absent whilst the matter is under discussion.
be) shall convene a meeting at any time upon being requested in writing
so to do by not less than four members, (2) The Secretary shall maintain a book or register in such form as is
approved by the Minister acting in his discretion in which he shall record
Provided further that the Minister may direct the Secretary that a particulars of any declaration of interest pursuant to subsection (1) of this
meeting shall be convened and the Secretary, within fourteen days of section and that register shall be open to inspection by the public.
such direction, shall convene a meeting accordingly.
(3) Any member of the Authority who,
(2) Five members shall constitute a quorum of the Authority.
(a) knowingly fails to declare any interest he is obliged
(3) If at any meeting both the Chairperson and the Vice Chairperson by subsection (1) of this section to declare;
are absent for any reason, the members present shall elect one of their
number to preside at the meeting. (b) having declared such interest in accordance with
subsection (1) of this section fails to withdraw from
(4) The Director shall be entitled to attend at any meeting and to advise the meeting; or
the members on the performance of any of their functions under this Act,
but shall not be entitled to vote on any matter before the meeting. (c) having withdrawn from the meeting in accordance
with subsection (1) of this section, returns to that
Secretary of the 6.–(1) The Authority shall, on such terms and conditions as it thinks fit, meeting during a time he is required by subsection (1)
Authority.
appoint a suitably qualified person as Secretary to the Authority. of this section to absent himself from the meeting,
2 of 2005. (2) The Secretary, or in his absence any officer instructed for the commits an offence and shall be liable on conviction to a fine of ten
purpose by the Director, shall attend all meetings of the Authority, but thousand dollars and to imprisonment for a term not exceeding two years.
may not vote on any matter or question before the Authority, and shall be
Director of Build- 9.–(1) The members of the Authority shall appoint a professional 11.–(1) Local Authorities may appoint Building Inspectors to review Building Inspec-
ing Control. tors.
engineer or architect to be the Director of Building Control, to exercise plans and other documentation submitted in support of an application for 2 of 2005.
and perform the powers and duties specified in sub section (4). a building permit, and inspect construction to determine compliance with
the terms of the building permit.
(2) Subject to the provisions of this Act, the Director shall be
responsible to the Authority for the administration and operation of this (2) At least one Building Inspector will be appointed for each local
Act. authority in Belize; these Building Inspectors will report to their respective
local authorities which will act as Local Building Authorities.
2 of 2005. (3) The Authority may make regulations providing types of building
permits enforcement notices and other documents which shall be issued, 12. No civil proceedings in any court shall lie against the Minister, any Protection of per-
member of the Authority, the Director or any other public officer in their sons acting bona
signed or otherwise dealt with, fide under the Act.
respective private capacities for or in respect of any act or matter done,
(a) exclusively by a Local Building Authority; or under omitted to be done, in good faith, in the exercise or purported
exercise of any function under, or power conferred by, this Act.
(b) exclusively by the Director;
PART III
(c) by a Local Building Authority with the prior written
approval of the Director. Building Permits and Control
(4) The Director shall have such powers as are conferred upon him 13.–(1) Any person who proposes to construct or demolish a building Application for
or her by this Act and such duties as he is required by this Act or by the as defined in section 2 of this Act, shall send or cause to be sent to the building permit.
direction of the Authority to perform. Authority an application for a permit to build or demolish.
Functions of the 10.–(1) The Director may delegate any of his or her functions under this
Director. (2) Every application for a permit to build shall be made in writing 2 of 2005.
2 of 2005. Act, other than the functions specified in section 9(3)(b) of this Act, to and shall be accompanied by such drawings, descriptions, calculations
a building inspector authorized by him or her in writing either generally and specifications as the Local Building Authority or the Director may
or specifically. require on a prescribed form.
2 of 2005. (1.01) Before delegating his or her powers under subsection (1) of this (3) Subject to section 9(3) of this Act, the Director or a Local Building 2 of 2005.
section, the Director shall satisfy him or herself of the ability, technical Authority shall, within thirty days, or such other period as may be
qualifications and professional competence of a building officer to specified in regulations made for that purpose, reply to the applicant
adequately deal with the matter before making any delegation hereunder. either by issuing a permit or rejecting the application.
(2) Any person exercising any function assigned to a building officer (3.01) The period specified in regulations made under subsection(3) 2 of 2005.
by or under the provisions of this Act shall be deemed, for the purpose of this section, shall not exceed forty-five days after receipt of the
of the exercise of such function, to be the proper officer for the exercise application, and the regulations may make provisions for shorter
of such function, if authorized for the purpose by the Director, and shall periods during which applications may be processed on payment of such
be deemed to have the powers of a building officer for the purpose of higher fees and other administrative charges as may be specified in the
that function. regulations.
2 of 2005. (3.02) Where the Director or a Local Building Authority is not able in order to bring the plans into conformity with the building regulations.
for any reason to process an application within the period of forty-five
days or any shorter period referred to in subsection (3.01) of this section, (4) A person by whom, or on whose behalf, plans have been deposited 2 of 2005.
the Director or the Local Building Authority shall inform the applicant in shall, within forty–five days, be notified in writing by the Director of
writing of such inability and specify, the Local Building Authority whether those plans have been approved
or rejected.
(a) the reason for the inability; and
(5) A notice of rejection of plans shall state the defects on account
(b) the period within which the application shall be of which, or the building regulation or section of this Act for non-
processed. conformity with which, or under the authority of which, the plans have
been rejected.
Approval or re- 14.–(1) Where plans of any proposed work are, in accordance with
jections of plans. (6) A notice that plans have been passed shall,
building regulations deposited with the Director, the Director shall
approve the plans, unless,
(a) if the plans have been passed by the Authority in
(a) they are defective; exercise of any power to relax or dispense with any
requirement of the building regulations, or this Part,
(b) they contravene any provision of the building state the requirements of the building regulations or
regulations; or this Part relaxed or dispensed with;
2 of 2005. (c) they contravene the provisions of any zoning by-laws, (b) state that the approval does not constitute an approval 2 of 2005.
or they do not comply with the provisions of this Part to commence development or construction.
or any other applicable law,
(6.01) In subsection (6)(b) of this section, the expression “development” 2 of 2005.
in which case, he shall refer those plans to the Authority together with means the carrying out of building, engineering, mining or other operations
his advice thereon. in, on, over or under land, or the making of any material change in the
use of building, or land or the segregation, division, or subdivision of
(2) On receipt of any plans on a referral by the Director under sub- any building or land whether or not any building, engineering or other
section (1) of this section, the Authority may reject those plans, or pass operations have been carried out or are intended to be carried out for the
them subject to either or both of the conditions set out in subsection (3) formation of any lots.
of this section.
(7) Where the Authority, the Director or a Local Building Authority 2 of 2005.
(3) The conditions mentioned in subsection (2) of this section are, determines that any plan, application or other document submitted by an
applicant pursuant to this Act is defective or contravenes this Act, any
(a) that such modifications as the Authority may specify regulations made thereunder, or any other applicable law, the applicant
shall be made in the deposited plans; or may, notwithstanding section 13(3.03) of this Act, make an application
to a tribunal to be appointed by the Minister for that purpose, and the
(b) that such further plans as they may specify shall be tribunal shall make such orders and issue such directions as to it may
deposited, seem just in all the circumstances of each case.
(7.01) The tribunal appointed under subsection (1) of this section, (a) furnish the Director, within such reasonable time
2 of 2005. shall consist of four members of whom two members shall be from the as may be prescribed by notice, with such further 2 of 2005.
Association of Professional Engineers and the other two members from information relevant to the application as may be
the Association of Professional Architects. specified in the notice;
(7.02) The members of the tribunal shall elect from their number (b) at his own expense, cause an environmental impact 2 of 2005.
2 of 2005. a chairperson of the tribunal and the tribunal shall regulate its own assessment to be made of the proposed development
procedure. by a suitably experienced person approved by the
Department of the Environment;
2 of 2005. (7.03) The decision of the tribunal shall not be the subject of any
appeal, and shall not be enquired into by a court of law. (c) permit the Authority, to enter upon and inspect the
land to which the application relates,
Procedure for 15.–(1) If on the advice of the Director, or of the Building Inspector
waiver.
2 of 2005.
for the local authority, and on application by a developer, the Authority Provided that if the applicant, at the time of the application does not
deems it expedient to dispense with the observation of any condition of have an interest in the land to which the application relates as would
the Act, or the building regulations, in relation to a particular application, enable him to permit the Authority to enter upon the land, he shall use his
the Authority shall advertise the full details of the application in a local or her best endeavours to obtain the development permission.
newspaper for three consecutive weeks, including the conditions that
the applicant would wish to be waived and indicating the intent of the (1.01) Where an environmental impact assessment is carried out 2 of 2005.
Authority to agree to the waiver of the conditions for the supportive pursuant to subsection (1)(b) of this section, the Director shall refer the
reasons; the Authority shall also be notified if the decision is being taken application for the comments and advice of,
by a local authority.
(a) the Department of the Environment,
(2) If no objection is made to the request for a waiver of the specific
conditions, then the application shall be reviewed at the following meeting (b) the Department of Transport, in relation to the impact
of the Authority. of the proposed building or matters regulated under
the Motor Vehicles and Road Traffic Act, Cap. 230
(3) Should objections be made, then the matter shall be reviewed at or regulations made thereunder, especially matters
the following meeting of the Authority. relating to road construction and traffic management.
(4) Compliance with the provisions of this Act shall not prevent the (1.02) Where an application is dealt with by the Authority or a Local 2 of 2005.
applicant or builder from compliance with any other Act which refers to Building Authority, subsections (1) and (1.01) of this section shall apply
the construction or use of special classes of buildings or to the storage or to such application as if any reference to the Director was a reference to
use of hazardous materials. the Authority or a Local Building Authority.
Request for fur- 16.–(1) If so required by the Director by written notice, an applicant for (1.03) Subsection (2) of this section applies to the Director and to 2 of 2005
ther information.
building permission shall, a Local Building Authority as if the reference to the Authority was a
reference to the Director or a Local Building Authority.
(2) The Authority may defer a decision on an application for (5) Approval of drawings conveys no title to land or waiver to any
development permission until it is satisfied on the matters in respect of term in a lease or licence.
which further information is or has been required under the provisions Fees.
of this section. 19.–(1) Where the Director or a Local Building Authority deals with an 2 of 2005.
application, the fee and other administrative charges in respect of the
Consultation in 17.–(1) The Director shall consult with any public officer or other person application shall be paid to,
relation to appli- who appears to him to be likely to provide information relevant to an
cations.
application for building permission to enable the Director to advise the (a) the Authority, if the Director deals with the application;
Minister or the Authority, as appropriate, with regard to the application. or
(2) Any public officer or other person such as is mentioned in sub- (b) the Local Authority, if a Local Building Authority
section (1), or his representative, may be invited by the Authority to attend deals with the application.
and speak at any meeting called to consider the relevant application.
(2) The appropriate fees and administrative charges referred to in
Grant of a build- 18.–(1) A permit shall be granted in the case of a permit for the subsection (1) of this section, shall be specified in regulations made here-
ing permit.
construction of a building, if, the Director is satisfied that the operations under by the Authority after consultation with the local authorities.
involved will be conducted in accordance with the building regulations,
and that nothing in any plan, specification or other information submitted 20.–(1) Where a person carries out any work without a permit or does Stop order.
with the application shows that the building when constructed will fail to 2 of 2005.
any act or fails to do an act in contravention of this Act or regulations
conform to the building regulations. made hereunder, the Director or a Local Building Authority may issue
an order in writing (in this section called “Stop Order”) to such person
(2) In the event of the Director refusing a permit, the Director shall directing him or her to cease, by a date specified in the order, the activities
list the regulations which would be contravened by the proposed building; specified in the order.
this list shall not be treated as being exhaustive and no such refusal
shall be construed as implying any approval of any part of the proposed (2) Where a person to whom an order is issued under subsection (1) of
building; the Director shall forward to the Authority for consideration at this section, fails to take appropriate steps to ensure the cessation of the
its next meeting the application and his reasons for refusing the grant of activity which the order relates, he or she commits an offence and liable
a building permit. on summary conviction to a fine not exceeding five thousand dollars or
to imprisonment for a term not exceeding five years or to both such fine
(3) The Authority shall consider the application and reasons given for and term of imprisonment.
refusal and approve or reject the application for a building permit.
(3) Where a person fails or neglects to comply with an order made
(4) In the case of a permit for demolition, a permit shall be granted, under subsection (1) of this section, the Director or the Local Building
if the Authority is satisfied that the operations involved will be conducted Authority may execute or cause to be executed the work which the person
in accordance with due diligence and in accordance with the building has failed or neglected to carry out, and any expenses incurred by the
regulations. Director or Local Building Authority, shall be a civil debt due to the
Director or the Local Building Authority, as the case may be, from the
person who has failed or neglected to comply with the order.
(4) The Authority, after consultation with local authorities, may make (d) after being published in three consecutive issues
regulations under this section specifying the circumstances under which of a newspaper circulating in the area to which the
a Stop Order may be issued. premises identified in the order is situated.
(5) Without prejudice to the generality of subsection (4) of this section, 21. Any person who contravenes any of the provisions of this Act, other Penalties.
regulations made under this section may prohibit a person from, than those relating to the conduct of building operations, commits an
offence and shall on summary conviction be liable to a fine of not less
(a) erecting a structure without an approved building than 1% and not more than 5% of the estimated construction value, and
permit; in the case of a continuing offence to a further fine not exceeding one
hundred dollars for every day during which the offence is continued after
(b) erecting a structure contrary to an approved building a date set by the Court for the contravention to be corrected.
permit;
22. Any person aggrieved, by reason of delay, maladministration or by Appeals.
(c) erecting a structure without an approved plan on site; any decision made under this Act, may within fourteen days after the
receipt of the decision, appeal,
(d) erecting a structure without obtaining the approval
from a building inspector to proceed; (a) against the Director’s decision on any matter to the
Authority;
(e) demolishing a structure without permission;
(b) against a decision of the Authority to the Court.
(f) proceeding with the erection, demolishing or alteration
of any structure based on reasons of public safety, 23.–(1) If any work to which the building regulations are applicable, Power to require
removal or altera-
or the reasonable likelihood of damage to public or contravenes any provision of those regulations or of this Part, the tion of work.
private property. Authority without prejudice to any prosecution under this Part may by
notice require the owner either to pull down or remove the work or, if he
(6) A Stop Order issued under this section becomes effective, so elects, to effect such alteration therein as may be necessary to make it
comply with the building regulations or this Part.
(a) when served personally on any person above the age
of eighteen years on the premises identified in the (2) If, in a case where the Authority is by any provision of this Part
order; expressly required or authorized to reject plans, any work to which the
regulations are applicable is executed either without plans having been
(b) when posted in a conspicuous place on any part of the deposited, or notwithstanding the rejection of the plans, or otherwise
premises identified in the order; than in accordance with any requirement subject to which the plans were
passed, the Authority, or the Director with the consent of the Authority,
(c) after being published in three consecutive issues of may by notice to the owner require him to pull down or remove the work,
the Gazette; or or, if he so elects, to comply with any other requirements specified in
the notice, including requirements which might have been made as a
condition of passing plans.
(3) If a person to whom a notice has been given under the foregoing work in connection therewith, has certified the building and the work in
provisions of this section fails to comply with the notice before the connection therewith, be in conformity with the provisions of this Act
expiration of twenty-eight days, or such longer period as the Court may and the building to be fit for occupation; such inspection and the issue
on his application allow, the Authority or any department or officer of of a permit to occupy and use a building or work, or of instructions to
the Government or any contractor engaged by any of them may pull amend the building, shall be issued within two weeks of the receipt of
down the work, or effect such alterations therein, and the Authority may the application.
recover from him the expenses reasonably incurred in so doing.
26.–(1) A moveable dwelling shall include any tent, any van or other Moveable dwell-
ing.
(4) No notice under subsection (1) or (2) of this section shall be given conveyance whether on wheels or not and any shed or similar structure,
after the expiration of six years from the date of the completion of the being a tent, van, conveyance, shed or similar structure, which is used
work, and, in any case where plans were deposited, no such notice shall only temporarily or intermittently for human habitation; or to any building
be served on the ground that the work contravenes the building regulations or part of a building which is erected for experiment upon or research
or does not comply with any provision of this Part, if either the plans into the behaviour of any material, method of construction or design
were passed or notice of their rejection was not given within sixty days technique, provided that such experiment or research has been approved
of their deposit or such greater period as may be agreed and the work in writing by the Director or by the Head of one of the organizations
has been executed in accordance with those plans and in accordance with involved in the research activity.
any requirement made as a condition of passing the plans.
(2) No moveable building shall be erected without the approval of
(5) Nothing in this section shall affect the right of the Authority or of the Authority; the Authority shall determine the conditions which shall
the Attorney General or any other person to apply for an injunction for apply to the construction or installation of moveable buildings and such
the removal or alteration of any work on the grounds that it contravenes buildings shall be considered to be temporary and the Authority shall on
the building regulations or any provision of this Part. application of the owner, consider and decide on the period during which
the building shall be used and the conditions of its use.
Deposits of plans 24. Where plans of any proposed work have been deposited in accordance
to be ineffective.
with the building regulations or this Part, and either the plans have been 27.–(1) Where a building is divided into parts which are occupied by Buildings of
mixed occupancy.
passed or notice of rejection of them has not been given in accordance different persons, the separating walls and floors between the parts shall
with this Part, and the work to which the plans relate has not been conform with the provisions of this Act or the building regulations.
completed within five years of the deposit of those plans, the deposit of
the plans shall be of no effect. (2) Where a building or a part of a building occupied by one person
Occupancy certifi- is divided into compartments, each compartment shall conform with the
cates. 25.–(1) Within seven days after any person has completed the construction provisions of this Act or the building regulations relating to the class to
of any building he shall send or cause to be sent to the Director, notice in which it belongs.
writing stating the date of completion of the operations and applying for
permission to occupy and use the building. 28.–(1) If the use of a building is changed so that the building enters Change of use.
into a different class, the whole building shall be made to comply with
(2) No person, other than a maximum of two watchmen, shall occupy the provisions of this Act or the building regulations for the new class.
a new, altered or rebuilt building or use any work in connection therewith A written notice shall be forwarded by the owner of the building to the
unless and until the Director, after inspection of the building and the local authority.
(2) If a building is divided to form two or more occupancies each of 32. Where it is proposed to convert or alter any building, erected for a Conversion into a
which is or is intended to be of the same use as the whole building was public building.
purpose other than a public purpose, into a public building, such conversion
before the division, then each occupancy so formed and the separation or alteration shall be carried out, and such building shall be constructed,
between them shall comply with the provisions of this Act or the building in such manner as is approved by the Director and the provisions of this
regulations as if the whole building was being newly erected. Act and of any regulations made by the Authority applicable to public
2 of 2005.
buildings shall apply to such alteration or construction, as if it were the
(3) This section also applies to a person intending to construct a pre- construction of a public building.
fabricated building, who shall submit all plans and other documents
required by this Act or regulations made hereunder for approval by the
Authority, the Director or a Local Building Authority before any work 33.–(1) Whenever it appears to the Authority that any building in Belize Authority may re-
commences to construct the said building. used as a public building is not so constructed or maintained as to afford quire alterations
necessary for safe-
necessary protection to all persons who use the building, the Authority ty of public.
29. Every person who erects or owns a public building shall cause it to may, by notice in writing require the owner of such building, within a
Public buildings, be examined at least once every four years by a registered civil engineer reasonable time to be specified in the notice, to make such alterations to
precautions and ex- or architect, for the purpose of ascertaining whether it is safe for the the building as shall be approved by the Authority.
aminations for public
safety. purpose for which it was erected, and he shall deposit with the Authority
2 of 2005. a report of that competent engineer upon the condition of the building (2) If the owner fails to comply with the requirements of the notice
at least once every four years from the time when it was first used as a within the prescribed time, he commits an offence and on summary
public building. conviction shall be liable to a fine of five hundred dollars, and to a further
Director may
fine of one hundred dollars for every day after the first day, after the
30. The Director and any other person authorised in writing by him on expiration of such reasonable time as may be specified under subsection
enter.
behalf of the Authority, may at all reasonable times after the completion (1) of this section, during which such default continues.
of any public building, and at all times during which any building is used
as a public building, enter and inspect it for the purpose of ascertaining (3) The Authority may, in lieu of such notice, or concurrently
whether such building is in conformity with the provisions of this Act or therewith, or at any time thereafter, and without prejudice to the recovery
any regulations made by the Authority with regard to public buildings. of penalties for the non-compliance therewith, by notice in writing served
Public building not
to be used until ap-
upon the owner of such building, require the owner, on or before a
proved.
31.–(1) No person shall use any public building or let or allow it to be used date to be specified in the notice, by statement in writing under his hand
as such unless and until the Authority, by notice in writing addressed to addressed to the Authority, to show cause why the building should not
the owner thereof, has declared its approval of the construction thereof, cease to be used as a public building, or require such person, on such
and of its suitability for the purpose for which it is proposed to be used. date and at such time and place as is specified in such notice, to attend
personally, or by an agent duly authorized in writing in that behalf,
(2) After the Authority has declared its approval, no person shall do
or allow to be done any work affecting or likely to affect such building before the Authority, and show sufficient cause why such building should
without the approval of the Authority. not cease to be used as a public building.
2 of 2005. (3) Any person who contravenes this section commits an offence and (4) If the owner fails to show sufficient cause why the building should
is liable on summary conviction to a fine not less than five thousand not cease to be used as a public building, the Authority may, by order
dollars and not more than ten thousand dollars. addressed to the owner thereof, prohibit the use of such building as a
public building.
(5) Every person who, after notice of a prohibition order issued by on summary conviction to a fine of five hundred dollars, and to a further
the Authority under this section, uses or allows or suffers such building fine of one hundred dollars for every day during the continuance of such
to be used as a public building, commits an offence and on summary non-compliance, and the Authority may, without prejudice to their right
conviction shall be liable to a fine of one thousand dollars for every day to recover such fines, with all convenient speed enter upon the structure
during which he allows or suffers it to be so used, or during which he so and the ground upon which it stands and execute the order.
uses it, as the case may be, after the notice of prohibition.
(5) When the order directs the taking down of a neglected structure
Dangerous build- 34.–(1) Where a structure is considered by the Authority to be unable
ings. or any part thereof, the Authority, in executing the order, may remove
to withstand a hurricane, to be ruinous or so far dilapidated as to have
the materials to a convenient place, and (unless the expenses incurred by
become unfit for use or occupation, or to be from any cause whatever
the Authority under this section in relation to such structure are paid to
in a structural condition dangerous or prejudicial to the property in, or
them within fourteen days after such removal) sell it or any part thereof
inhabitants of, the neighbourhood, the Director may advise the Authority
as in their discretion think fit.
to serve a notice in writing to the owner of such structure requiring him
within fourteen days of the service of the notice, to take down, secure,
(6) All expenses incurred by the Authority under this section in relation
repair or rebuild it, or any part thereof, or otherwise to put it in a state of
good repair, as the case may require, to the satisfaction of the Director, to a structure may be deducted by the Authority out of the proceeds
within a time to be specified in the notice. of the sale, and the surplus, if any, shall be paid by the Authority to
the owner of the structure on demand and upon proof of title, or the
Authority may, if they think fit, pay such surplus into the Court to an
(2) Whenever it is made known to the Authority that any internal part
account to be entitled “in the matter of the Belize Building Act, and of
of any building, including any wall, partition, or ceiling of any building,
the premises the materials of which were sold under the provisions of the
is in a state dangerous or prejudicial to any occupier of such building or
Belize Building Act”.
of any neighbouring building, the Authority shall cause it to be surveyed
by the Director, and if the Director is satisfied, upon such survey and
(7) Where the Fire Chief is satisfied that an existing building does not
examination that the structure is in a state dangerous or prejudicial to
comply with the requirements of this Act with respect to fire safety, and
any such occupier, he shall serve a notice in writing on the owner of
constitutes a grave danger to the safety of the public or of persons using
the structure requiring him forthwith to have it shored up, taken down,
or occupying the building,
secured, repaired, or rebuilt, as the case may require, to the satisfaction
of the Director, within a time to be specified in the notice.
(a) he shall send to the Director a written certificate to
that effect; and
(3) If the owner fails, within the time specified in any such notice served
upon him under subsections (1) or (2) of this section, to comply with the (b) the Director shall, within fourteen days of receiving
requirements of the notice, the Authority, or any person authorised by it such a certificate from the Fire Chief, cause a notice
in writing, may make a complaint thereof before the Court, and the Court to be served on the owner of the building if he be
may order the owner to carry out the requirements of the notice within a known or the occupier if any, requiring such owner or
time to be fixed by him in such order.
occupier to take such action as may be specified in the
notice and stating the period within which such action
(4) If the order is not complied with within the time therein prescribed, shall be taken.
the person on whom such order is made commits an offence and is liable
Closure Orders. 35.–(1) Where an owner or occupier on whom a notice is served fails to PART IV
comply with the terms of the notice within the prescribed period, where
neither the owner nor the occupier can be found, the Director may, in Miscellaneous
addition to other proceedings, apply to the Court for a Closure Order.
37.–(1) The Minister may from time to time make regulations, after Regulations.
(2) A Closure Order made under this section shall, consulting with the Authority, prescribing all matters,
(a) specify the building to be closed; (a) required or permitted by this Act to be prescribed; or
(b) order the closure thereof under the direction of a (b) necessary or convenient to be prescribed for carrying
police officer; and out or giving effect to this Act.
(c) order that the building remain closed until the Director (2) Without limiting the generality of subsection (1), the regulations
shall have certified in writing that the order is no may make provision for or with respect to the following matters,
longer required.
(a) requiring a matter affected by the regulations to be in
(3) Seven days notice of intention to apply for a Closure Order shall be accordance with a specified standard for a specified
given by the person making such application, by posting a copy of such requirement, or approved by or to the satisfaction of,
notice upon a conspicuous part of the building to be affected, and upon a specified person or body, or a person or body of a
being so posted the notice shall be deemed to be notice to all persons of specified class of persons or bodies;
such intention, provided that in the case of an emergency such notice of
intention shall be given as is practicable. (b) conferring a discretionary authority on a specified
person or body, or on a person or body of a specified
(4) No person shall occupy any building during the continuance in class of persons or bodies;
force of a Closure Order made in respect thereof.
(c) providing, in a specified case or class of cases, for the
Hurricane precau- 36. During such periods of time as are designated by the Government exemption of persons or things from the application
tions.
as being a hurricane watch, the owner, occupant or user of a property of the building regulations, whether unconditionally
shall take precautions for the securing of buildings and equipment, fabric or on specified conditions or conditions additionally
awnings and swing signs shall be lashed to the ground, and such other imposed, and either wholly or to such an extent as is
specified or otherwise determined;
precautions shall be taken for the securing of buildings, structures,
material or equipment as may be reasonably required. (d) providing for the registration of builders and the
qualifications required for such registration;
(e) the establishment of committees composed of engineers

who are members of the Association of Professional
Engineers of Belize and architects who are members
of the Association of Professional Architects of
Belize, charged with the responsibility of advising (xiv) means of access to and egress from buildings;
the Authority on the development, modification or
amendment of Regulations relating to the building (xv) the use of buildings or parts of buildings;
industry in Belize;
(xvi) the appointment of Building Inspectors and
(f) prescribing with respect to new buildings, inspection of construction;
(i) the preparation and foundations of the site; (xvii) the type and height of fences;
(ii) the method of construction, structural strength (xviii) matters connected with, or ancillary to any of
and stability; the foregoing matters;
(iii) the materials including materials of short life (g) prescribing with respect to existing buildings,
and preservation from decay;
(i) structural alterations or extensions to buildings;
(iv) the insulation, lighting and ventilation of
rooms; (ii) the purposes for which a building, or as the
case may be, a part of a building is used, in
(v) the dimension of rooms and spaces; cases where any material change occurs;
(vi) fire prevention, precautions and safety; (h) specifying the powers and duties of the Authority;
(vii) plumbing and water supply facilities; (i) facilitating the work of the Authority;
(viii) sanitation, sewerage collection and disposal (j) prescribing separate standards for residential,
facilities; commercial, rural and urban building construction;
(ix) electrical and telecommunications installations;
(k) generally, for carrying the purposes or provisions of
(x) gas installations and piping; this Act into effect.
(xi) lifts and other mechanical installations for (3) The regulations may impose a penalty not exceeding five thousand
conveyance; dollars and, in the case of a continuing offence, an additional penalty not
exceeding five hundred dollars for each day during which the offence
(xii) emission of noxious or offensive substances; continues, for an offence against or non-compliance with a building
regulation.
(xiii) hurricane and earthquake precautions and
protection;
34 [CAP. 131 Belize Building 34
Repeal. 38.–(1) The Belize City Building Act, Revised Edition 2003 is hereby
repealed.
(2) Notwithstanding the above-cited repeal, any legal proceedings

pending under the repealed Act shall continue and be determined as if
this Act had not been passed.
(3) Notwithstanding the above-cited repeal, all subsidiary legislation

made under that Act, in so far as they are not inconsistent with this
Act, shall continue to remain in force until repealed and replaced by
subsidiary legislation made under this Act.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2011

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BELIZE

BELIZE BUILDING ACT

REVISED EDITION 2011

4. Central Building Authority.

5. Meetings of the Authority.

6. Secretary of the Authority.

7. Times and places of meetings of the Authority.

8. Members not to participate in certain discussions.

9. Director of Building Control.

10. Functions of the Director.

11. Building Inspectors.

12. Protection of persons acting bona fide under the Act.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2011

19. Fees. PART IV

20. Stop Order. Miscellaneous

21. Penalties. 37. Regulations.

22. Appeals. 38. Repeal of CAP. 131.

23. Power to require removal or alteration of work.

24. Deposit of plans to be ineffective.

25. Occupancy certificates.

26. Moveable dwellings.

27. Buildings of mixed occupancy.

28. Change of use.

29. Public buildings, precautions and examinations

PART II (k) a representative of the National Association of Village

(e) the establishment of committees composed of engineers

(2) Notwithstanding the above-cited repeal, any legal proceedings

(3) Notwithstanding the above-cited repeal, all subsidiary legislation

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2011

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