Construction: when do you need a Building and Land Permit (BLP)?

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Before starting any construction project, a BLP is required. For what types of development does this permit apply? In which case may an exemption be requested?

Except in some cases, a Building and Land Permit (BLP) is required for any real estate development. For some types of development, it is possible to request for a permit exemption from municipalities and local authorities.

The BLP is required for the construction of any building, engineering works, mining operations and so on. It’s scope is extended to any significant change related to land use or any building or morcellement. It includes the realization of a work, the demolition of a building or of a structural work and any action duly monitored. It is important to note that the term ‘building’ includes permanent and mobile structures built on a land plot.

Article 117(2) of the Local Government Act 2011 stipulates that a person planning to start construction or demolition of a building, to bring about important modifications, additions or repair works on an existing building, landscape a land plot, or even undertake development works, including the demolition of a building structure located in a buffer area, should hold a BLP.

However, the BLP is not required for certain types of projects. For instance, in the case of an industrial development, this clearance is not required of proven that when modification will be brought to a building within a cluster, this will not cause traffic disturbance. Moreover, these development works should not be inconvenient: noise, emanation of dust, foul odours, smokes, soot and ash among others. In fact, the loading and unloading of goods should not disturb the neighbourhood and should not be dangerous for the staff and visitors.

Still in the case of an industrial construction, local authorities would not require a BLP for small-scale activities such the layout of a residential unit used as an office. But the company should ensure that daily vehicles traffic should be limited to 8. Another crucial condition: the management should occupy the premises. Moreover, the company should not include more than 3 employees. Furthermore, provision should be made for a parking lot for staff and visitors.

5 types of BLP

There exist 5 types of BLP forms. BLP1 applies to residential constructions not exceeding 3 levels. BLP2 is required in the case of division of an inheritance. BLP3 is applicable to economic activities, small companies, residential constructions exceeding 3 levels, telecommunication installations and structures, and public places of worship. BLP4 is referred to as Outline Planning Permission. And finally, BLP5 concerns permit exemption requests .

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