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Date Conducted:
Country: Jamaica State/Province: Kingston and St. Andrew
Region: Caribbean City: Kingston
First Name: Pauline Family Name: McHardy
Organization:
Address:
City: Kingston Zip Code: Kingston 6
Country: Jamaica Email Address: [email protected]: 876 924 7991 Fax:
Independent Consultant
It is important to note here that in attempting to find out what is the official housing “policy” in the country, three different and
complementary approaches to understanding housing policy should be pursued: (1) the policy intentions of officials; (2) the
policy prescriptions as they are articulated in writing in published documents, regulations, laws, and decrees; and (3) the
actual practices of those engaged in carrying out official policy. Needless to say, the three are not always identical.
Please use this spreadsheet form to collect and record the data for the survey and send it to Jane Katz, Director of
International Affairs & Programs, Government Relations and Advocacy with Habitat for Humanity ([email protected]) when it is
complete. Instructions and definitions are provided with this survey instrument. Any questions or comments you may have
concerning the information or its source should be written down in the sections provided for comments. Please provide an
explanation for any unanswered question in the comments section indicating why the information could not be obtained.
Data collection will involve interviews with informants, examination of documents, and field observations. In some cases, it
may be necessary to interview more than one informant to complete the data collection. In some cases, it may be necessary
to obtain the information from documents, rather than from interviews. It is the responsibility of the interviewer to evaluate the
data collected and to use the best possible data source for obtaining the information. In evaluating the data collected, it may
be important to consult knowledgeable persons in the field and to make sure that the results are sensible and can withstand
close scrutiny.
To this effect, Habitat for Humanity seeks to generate reliable and comparable information on the global housing policy
environment. The organization seeks to do so by collecting housing policy data in a large number of countries on a regular
basis, and using this data for two complementary purposes: (a) to maintain a web-based housing policy clearinghouse with
the up-to-date information on housing policy environment in each country; and (b) to arm advocates with factual data to
influence housing policy.
The collection of data for the pilot study is structured in five sections:
1. The Property Rights Regime;
2. The Housing Finance Regime;
3. The Housing Subsidies Regime;
4. Residential Infrastructure; and
Information about the Field Researcher:
P.O.. Box 5867, Kingston 6
INTRODUCTION:
Habitat for Humanity (HFH) has built, rehabilitated, repaired, or improved more than 400,000 affordable housing units
worldwide since 1976. While this is clearly a laudatory achievement, the organization has come to realize that it can never
meet its prime objective of “decent housing for all” through its own building efforts. It is now gradually moving towards an
advocacy role, where it aims to influence overall housing policy and practice in the more than 100 countries in which it has a
presence.
5. The Regulatory Regime.
It is expected that the actual time required for collecting the data necessary for completing all sections is of the order of 20 full
working days over a 2-months period.
Habitat for Humanity
The Global Housing Policy Indicators
Survey InstrumentRevised May 23, 2011
July 20, 2011 to September 20, 2011
Originally designed and tested by Shlomo Angel and Lucy Gitlin
* * *
Thank you!
QUESTIONING THE SURVEY INSTRUMENT:
Before starting the survey, please review the survey instrument carefully. If you have any question regarding a definition of a
concept or a method for gathering the information, please write it down in the comment section attached to each individual
question. Then send your questions to [email protected]. We will then respond directly to your questions. Please do that as
soon as possible, so as not to waste time. But in the meantime, you can start collecting data on those items that you
understand and have no questions about. You can keep sending us questions throughout the period when you are collecting
the data. If you are using an official definition, please include the definition in the comments section.
SENDING THE QUESTIONS IN ADVANCE TO INFORMANTS:
Many of the questions require quantitative or specific information, which may not be available to informants at the time of the
interview. You may find it useful to send the questions to the informants in advance, together with an introductory letter
introducing you and explaining what you are doing and why you need the information. We will provide a template letter to the
Habitat for Humanity point person in your region that will be responsible for your work, and he/she can provide you with such
an introductory letter. If you plan to send the interview information in advance, please make sure that you give the interviewee
adequate time to prepare the materials.
14. A housing advocate; and
15. A legal expert.
If the suggested informant listed above cannot provide the required information, it will be up to the local consultant to find a
way to obtain the information from other sources. Similarly, if information obtained does not seem to be accurate or
trustworthy, it may be necessary to obtain it from more than one source so as to ensure that it is correct.
8. A municipal official familiar with evictions and demolitions;
9. A municipal housing official;
10. A municipal budget official;
11. A commercial bank mortgage officer;
12. A real estate agent;
13. A land subdivision developer;
2. A program official (National Housing Agency);
3. A budget official (National Housing Agency);
4. A housing program official (Provincial/State Government);
5. A housing budget official Provincial/State Government;
6. A municipal regulator;
7. A municipal infrastructure official;
THE INTERVIEWS:
Obtaining information for completing the survey will necessarily involve interviews. All interviews should be conducted in the
metropolitan area of the capital city or an alternative large city in the country. The interviews may include meetings with
officials in the national housing agency, the provincial or state government in which the capital is located, and the municipal
offices of a city on the fringe of the metropolitan area. They may also include interviews with private sector and civic sector
informants.
The following is a partial list of informants who may be interviewed to collect the data for the survey:
1. A policy official (National Housing Agency);
COMMENT SECTION:
Please list all sources of information used to obtain the answer in the comment section, for example list the name, title, and
organization of each person interviewed. There are additional questions in the instruction section that need to be addressed in
the comment section. Read through the instructions carefully and give thorough responses to these open-ended questions.
Add as many details or additional information you might have in the comments section, as this will help add a bigger picture
explanation to the quantitative answers.
Property Rights Regime 6/8/2012
Property Rights Regime
Question Score Instructions Comments
0.75
Please fill in the yellow spaces (Use only
numbers. For percentages, use numbers
between 0 and 100). Please note that a "Yes"
answer - 1, is not always better than a "No"
answer - 0.
Please write down any comment you may have to clarify your
response, to add additional information, to explain how you
arrived at the answer, or to give the source of the data.
P1 Barriers to land ownership are removed. 1.00
P1.1
Can women legally own or inherit land?
(Yes=1/No=0) 1
For the following six questions, please consult
a person familiar with property law.
The Jamaica Constitution guarantees property rights and women
in Jamaica can legally own and inherit land. Source: USAID
Country Profile: Property Rights and Resource Governance
available at http://usaidlandtenure.net
P1.2
In practice, do women own or inherit land?
(Yes=1/No=0) 1
Please indicate whether this includes
inheritance from parents, husband, or both in
the comment section.
Women in Jamaica can inherit land from parents and husband.
Jamaican law provides the surviving wife with the right to
inheritance - Section 6 of the Family Property (Rights of Spouses)
Act.
P1.3
Can land be jointly owned by husband and wife?
(Yes=1/No=0) 1
If the answer is yes, please comment whether
this occurs in practice.
Section 10 of the Family Property (Rights of Spouses) Act
permits spouses (married and unmarried) to enter into
agreements which affect the current and future ownership and
division of property.
P1.4
Does the law recognize the customary or tribal
land rights of indigenous people? (Yes=1/No=0
or 100 if no indigenous people) 1 If yes, please describe in comments section.
Approximately 30% of land in Jamaica is held in "family land", a
form of freehold tenure where rights are jointly shared among an
entire kinship group. Rights in family land are informal. Because
family land is jointly owned the land is difficult to register, which
can be a problem for households seeking to finance home
construction, including those applying for government housing
programs that require proof of land ownership. Source: see P1.1
P1.5
Are immigrants, refugees and non-citizens
allowed to own land? (Yes=1/No=0) 1
If the answer is no, please indicate whether
this constitutes a large portion of the
population. There are no restrictions on foreigners owning land in Jamaica.
P1.6
Is it common for residents to hold land through a
long-term lease? (Yes=1/No=0) 1
Please describe the method of holding land in
the comment section - i.e. is land owned
collectively, is land leased short or long-term,
or can be owned individually?
Individuals and entities can lease land for residential use. Lease
terms vary in length, but the maximum period for lease of state
land is 49 years. This primarily occurs on agricultural land.
Source: see P1.1
P2
All residential land has registered titles
and/or incremental tenure documents 0.90
3
Property Rights Regime 6/8/2012
Question Score Instructions Comments
P2.1
Is there an operating program to register titles or
incremental tenure documents? (Yes=1/No=0) 1
Please examine recent government policy
documents. Specify in comments whether the
policy/program is implemented by the national
or local government. "Incremental tenure
documents" refer to any document that
protects resident against eviction.
The Land Administration and Management Programme (LAMP)
was established by the Government in 2000 to assist individuals
in securing titles for land for which they had no formal
documentation. In 2009, under Phase I of the programme, 3,000
registered applications were processed with an 88% success rate
for first registration applications. Phase II, which began in 2010,
will be greatly accelerated as it proposes to survey at least
15,000 new parcels and title 12,000 parcels over 24 months. At
the end of June 2011 more than 9,000 persons have applied for
titles. Sources: Jamaica Observer, 26/07/2010; The Gleaner,
26/07/2011; ESSJ 2010.
P2.2
Estimated percent of all the properties in the
greater municipality that have their title properly
registered. (%) 89.4
Please consult persons working in the agency
that registers property titles.
The National Land Agency is not able to give information for the
Kingston Metropolitan Area (KMA). The KMA is made up of the
parish of Kingston, all of which is urban, and the urban and
suburban parts of the parish of St. Andrew. As of December 8,
2010, 89.39% of the properties in the parish of Kingston were
registered and 83.82% in the parish of St. Andrew. Source
www.nla.gov.jm
P2.3
Are titles updated regularly when property is
transferred? (Yes=1/No=0) 1
Please consult persons working in the agency
that registers property titles. Please indicate
in the comments whether the practice is
different towards female headed versus male
headed households. Source: www.nla.gov.jm
P3
Titles and/or alternative property documents
are given to long-term residents of informal
settlements. 0.58
P3.1
Is there a policy or program that supports the
regularization of titles or alternative documents
in established informal settlements?
(Yes=1/No=0) 1
To answer this question, please consult a
member of the housing agency leadership.
Please specify in the comments whether the
policy/program is implemented by the national
or local government. Please indicate in the
comments whether there are special efforts to
reach out to female headed households.
The Housing Agency of Jamaica, an agency of the Ministry of
Housing, Environment and Water, is responsible for regularizing
and upgrading selected informal settlements. There are no
settlement upgrading programmes at the local level as shelter is
not the responsibility of local government. Source:
www.hajl,gov.jm
4
Property Rights Regime 6/8/2012
Question Score Instructions Comments
P3.2a
Number of households living in informal
settlements in the greater municipality. 34731
Please consult official documents. Make sure
the estimate of total number of squatter
households is realistic by asking several
experts.
A survey (Preliminary Assessment of Squatting Report)
conducted by the Ministry of Water & Housing in 2008 estimated
that 20% of the country's population lived in squatter settlements
(Source: ESSI 2008). With a population of just under 2.7 million
this would result in 540,000 residential squatters. According to
the 2001 Population Census the average number of persons per
dwelling was 3.6. When applied to the number of residential
squatters it reveals that there are approximately 150,000
households or 20% are squatter households. Of the 173,654
households in the KMA 34,731 are squatter households.
P3.2b
Number of households living in informal
settlements in the greater municipality who have
titles provided by a regularization program. 5329
Please consult official documents. Make sure
the estimate of informal settlements is realistic
by asking several experts. If there is no
regularization program or no informal
settlements enter 0 and make a note in the
comments section. If the number of female
headed households is known, please add to
comment section.
Number of lots completed in the KMA 1974-2010. Sources:
Ghettos and Shantytowns, Aart Schalkwijk, Dept. of Geography,
University of Amsterdam, 1988 (unpublished); ESSJ 1993;
Challenges in Social Housing and Shelter Policies: A
Comparative Analysis of Six Caribbean Countries, Pauline
McHardy for IDB, September 2005; www.hajl.gov.jm. Squatter
upgrading has continuously been carried out as an official
housing programme since 1974, financed first by the World Bank
and the Dutch Government and later by USAID. In 1995, at the
close of USAID funding the National Housing Development
Corporation (NHDC) was assigned the responsibility of upgrading
'brownfield' sites. In 2008, the NHDC was reorganized into the
Housing Agency of Jamaica (HAJL).
P3.3
Is the occupation of public land tolerated?
(Yes=1, No=0) 1
Please consult person familiar with land law,
particularly with homesteading or with adverse
possession.
Squatters may acquire possessory rights to private land after 12
years and to state lands after 60 years. Source: see P1.1
P3.4
Is there a process or program to recognize
occupancy of public land? For example,
certificates of occupancy, street addressing, or
other official documents are given to informal
settlers. (Yes=1/No=0) 0
Please consult person familiar with land law,
particularly with homesteading or with adverse
possession.
Government's approach is to arrest the problem. For those
settlements already in existence some will be regularized and
others relocated. New settlements will be discouraged through
greater policing of public lands and the provision of affordable
housing solutions, including serviced lots, to meet the demand in
areas expected to have an influx of workers as a result of
development activity. Source: 2008-2009 Sectoral Debate
Presentation by the Minister of Water and Housing, Wednesday,
June11, 2008, Jamaica Information Service.
P4
Evictions are minimized and, when the
occur, they are legal and involve just
compensation or resettlement. 1.00
5
Property Rights Regime 6/8/2012
Question Score Instructions Comments
P4.1
The number of persons evicted in the largest
mass eviction that took place in the greater
municipality in the last three years. 0
Please obtain reliable estimates from media,
from government agency engaged in the
eviction, or from organizations working with
evictees. Please provide references and
elaborate the situation in comments section.
There have been no mass evictions in the KMA in the last three
years.
P4.1a
Did the eviction follow an established legal
guidelines for evictions? (Yes=1/No=0, or 100 if
no eviction) 100
Please consult person familiar with legal
framework for eviction.
P4.1b
How long in advance of the actual eviction were
people first informed? (months) Please enter
100 if no eviction. 100
Please consult organization working with
evictees.
P4.1c
Was violence involved? (Yes=1/No=0, or 100 if
no eviction) 100
Please consult media or organization working
with evictees.
P4.1d
The percent of people who were resettled or
given compensation roughly equivalent to the
value of their homes. (%) Please enter 100 if no
eviction. 100
Please consult organization working with
evictees. Please indicate in comments
whether there was any difference in
compensation between female-led and male-
led households.
P5
Clearance of low-income communities to
replace them with more profitable
development is minimized. 0.50
P5.1
Slum clearance and redevelopment is an
established policy of the national or local
housing agency. (Yes=1,No=0) 0
Please consult person working in national
housing agency as well as advocates for slum
dwellers. Please identify whether the policy is
at the national or local level in the comments
section.
During 2008, due to delinquent beneficiaries and other
challenges, operations of the NHT Inner City Housing Project
were wound down. The programme was a part of the
Government's Urban Renewal Programme. Source: ESSJ 2008.
P5.2
The government has torn down existing low-
income neighborhoods and transferred the
vacant lands to the private sector for
development of new commercial, infrastructure
or higher-end residential. (Yes=1/No=0) 1
"Government" can refer to national, provincial
or municipal governments. It is important to
find out if the government is using its powers,
such as eminent domain, to demolish existing
housing against residents' will.
Not since the 1970s when the Kingston Waterfront was
redeveloped by the Urban Development Corporation. The plan
has been abeyance since the 1970s but efforts have been made
recently to restart activities in the downtown area.
P6
The public housing stock is privatized, and
restrictions on the sale of units are
minimized. 0.50
P6.1a
The estimated share of the housing stock that is
publicly owned. (%) 0.2
Please consult the agency that manages or is
familiar with public housing stock.
The Statistical Institute of Jamaica (STATIN) does not collect
information on the breakdown of ownership of the stock.
However, the Jamaica Survey of Living Conditions (JSLC) 2009
shows that 0.2% of households in Jamaica lived in government
rented premises. With the 2001 Census reporting a total of
748,000 households, it is estimated that 1,496 households lived
in government rented premises in 2010.
6
Property Rights Regime 6/8/2012
Question Score Instructions Comments
P6.1b
The estimated share of the public housing stock
that is being or has been privatized. (%) 76.6
Please consult documents of agency directly
engaged in public housing privatization.
Indicate the year(s) privatization process
occurred. Enter 0 if there is no publicly owned
housing.
In1993, the Housing Ministry took a policy decision to divest itself
of 4,648 units, which were developed for rental and as
cooperatives and condominiums from as early as the 1970s.
Solutions divested under this programme include rental units,
townhouses, apartments and upgraded lots. At the end of 2010
approximately 3560 units had been divested. Sources: (1)
Challenges in Social Housing and Shelter Policies: A
Comparative Analysis of Six Caribbean Countries, Pauline
McHardy for IDB, September 2005; (2) Jamaica Estimates of
Expenditure 2006-7; 2007-8; 2009-10; 2010-11.
P6.2
Is the public housing stock generally well
maintained? (Yes=1/No=0 or 100 if no public
housing stock) 1
Please visit public housing site and use your
best visual assessment or consult a reliable
resident of public housing or an organization
that works with public housing residents.
Most were/are in very poor condition as a result of poor
maintenance due to inadequate financing caused by poor
attitudes on the part of tenants and insufficient cost recovery
mechanisms. Source: see (1) above
P6.3
A national or local housing policy is in place to
support the privatization of the public housing
stock. (Yes=1/No=0 or 100 if no public housing
stock) 0
Please examine recent documents of housing
agency or consult person familiar with the
views of the housing agency leadership. If
possible, examine recent housing policy
documents or texts of recent speeches. A National Housing Policy is currently being completed.
7
Housing Finance Regime 6/8/2012
Housing Finance Regime
Questions Score Instructions Comments
F 0.39
F1 Conditions support mortgage lending. 0.17
F1.1 The inflation rate last year. (%) 11.70
Obtain from Central Bank documents, in local
currency. If the inflation rate for the last year
is not typical of previous years, please clarify
in the comment section.
Year 2010 Sources: Statistical Institute of Jamaica (STATIN);
Economic and Social Survey of Jamaica (ESSJ) 2010, Planning
Institute of Jamaica (PIOJ), Kingston.
F1.2
Residential mortgage debt as percentage of GDP.
(last year) 2.10
Information usually available from
Superintendent of Banks or Central Bank.
Note: if last year is not available, please use
the most recent year available and add the
year to the comment section.
GDP in 2010 was J$1,175.6bn while residential mortgages issued
amounted to J$24,673.8mn. Source: ESSJ 2010. The Jamaican
mortgage market as a per cent of GDP has fallen since 2007. The
Bank of Jamaica (BOJ) in its draft Annual Report 2010 (page 38)
points out that there was a deceleration in the growth of loans and
advances (primarily mortgages) of Building Societies which was
reflective of the weak state of the economy in 2010.
F1.3
Are there ceilings on interest rates for bank
deposits? (Yes=1/No=0) 1
Please consult a manager of a commercial
bank.
Section 33 (1) of the Bank of Jamaica Act states that the Bank of
Jamaica may, after consultation with the Minister and after giving
30 days notice to commercial banks and other specified financial
institutions as are affected, by notice prescribe (b) the maximum
and minimum rates of interest which such institutions or
commercial banks may pay on deposits.
F2 Mortgage lending is liberalized. 1.00
F2.1
Are private housing finance institutions
(commercial banks) allowed to engage in
mortgage lending? (Yes=1/No=0) 1
Information for this section is usually available
from commercial bank managers involved in
mortgage lending.
Building Societies, Insurance Companies, Credit Unions and
Commercial Banks, engage in mortgage lending. The value of
mortgages disbursed by Building Societies accounted for 36.1% of
mortgages disbursed in 2010. They were followed by Insurance
Companies (0.19%) making them the largest private lenders in
2010. Source: Economic and Social Survey Jamaica (ESSJ) 2010.
F2.2
Can private housing finance institutions make
mortgage loans in any geographical region inside
the country? (Yes=1/No=0, or if no mortgage
lending=100) 1 "
For example, Jamaica National (JN) the largest building society in
Jamaica with 47% market share, according to BOJ data March
2011, has 28 locations islandwide from which mortgage loans can
be made. Source JNBS www.jnbs.com
F2.3
Is mortgage lending available for both newly-built
and existing houses? (Yes=1/No=0, or newly-built
only =0.5, existing only=0.5) 1 " Source: www.jnbs.com
8
Housing Finance Regime 6/8/2012
Questions Score Instructions Comments
F2.4
Is mortgage lending available for the construction
of rental housing? (Yes=1/No=0) 1 "
Technically yes, as Jamaica National Building Society (JN)
provides home loans for persons who are purchasing a lot, building
a home or purchasing a home for tenanted or owner occupied
purposes. Source: www.jnbs.com
F2.5
Is construction lending for residential development
(infrastructure and housing) allowed?
(Yes=1/No=0) 1 "
Commercial Banks and Insurance Companies provide interim
financing. Additionally, the National Housing Trust (NHT) Interim
Financed Programme will lend money to private developers and
public sector agencies to assist in the provision of affordable
housing to employees that participate in the program by
contributing into the fund - sometimes matched by their employer.
Unlike the NHT, the Jamaica Mortgage Bank (JMB) finances the
construction of homes for a middle income niche market which can
afford houses valued above J$15mn with higher mortgage rates.
Sources: www.nht,gov.jm; www.jmb.gov.jm; ESSJ 2010.
F3
Mortgage interest-rate subsidies are
eliminated. 0.00
F3.1
The government has a public housing bank or
agency that lends directly to borrowers.
(Yes=1/No=0) 1
Information for this section is usually available
from commercial bank managers involved in
mortgage lending.
The National Housing Trust (NHT) was established in 1976 with
the mission of providing quality affordable housing solutions, loans
for residential purposes and financing for housing development.
Only contributors are eligible for a NHT benefit and qualification is
contingent on meeting a points system. Qualified persons elect to
contribute a set percentage of their income to the NHT fund -
similar to a tax.
F3.2
What is the difference between the interest rate on
a mortgage given by a private housing finance
institution and an interest rate on a mortgage given
by a government agency? (%) Enter 100 if there
are no private housing finance institutions. Enter 0
if government agency does not give mortgages. 7.2
You may calculate this difference yourself from
data on mortgage interest rates in commercial
banks and in the government mortgage bank.
Rates are variable. Building Societies lend at a rate of 17%. JN
has the lowest rates which range from 11.49 to a low of 9.8%. The
National Housing Trust's interest rates are 1%, 3%, 5% and 7%.
The difference is between the highest rates charged by both
institutions. It should be noted however that private institutions
generally offer more money to borrowers. Sources:
www.nht.gov.jm; www.jnbs.com
F3.3
Are there mortgages given at subsidized interest
rates? (Yes=1/No=0) 1
You may also consult officials at the
government mortgage bank or agency
providing the subsidy. Please describe who
the beneficiaries are for the subsidized rates.
However, as of July 1, 2010, mortgagors aged 55 and over, who
are first time applicants, can benefit from a two per cent reduction
in their interest rates. The NHT also introduced a deferred
mortgage system whereby contributors whose salaries make it
impossible for them to purchase a house can qualify for a
mortgage estimated at 60% of the price of the house while the
other 40% is converted into a deferred mortgage. Sources:
Jamaica Observer, Wednesday, January 8, 2011; www.nht.gov.jm
F4 Mortgage lending is protected from undue risk. 0.52
9
Housing Finance Regime 6/8/2012
Questions Score Instructions Comments
F4.1
Private housing finance institutions are required to
investigate borrower credit using independent
credit agencies. (Yes=1/No=0) 0
Information for this section is usually available
from commercial bank managers involved in
mortgage lending.
The Credit Reporting Act was passed on August 31, 2010 and
came into effect in October 2010. To date the BOJ has received
three (3) applications to establish credit bureaus. The act allows
private housing financial institutions to access credit information
but it is not mandatory.
F4.2
Private housing finance institutions are required to
assess the value of collateral using an
independent third party. (Yes=1/No=0) 1 "
Building Societies will lend up 70% of the property value at an
interest rate of 17% for a repayment period of ten years. A
valuation report must be done by a registered valuer. Source:
www.jnbs.com
F4.3
Is there a legal upper limit to the loan-to-value
ratios for bank mortgage loans? (Yes=1/No=0) 0 "
There is no legal upper limit and ratios vary. Most financial
institutions will provide financing for up to 80% of the purchase
price or appraised value, whichever is lower. While others lend up
to 85% . Source: www.jnbs.com
F4.4
Is there a legal upper limit on the loan payment-to-
monthly income ratio for bank mortgage loans?
(Yes=1/No=0) 0 "
No legal limit but as a general rule monthly payments must not
exceed 33.3% of the joint/single gross monthly income of the
applicant(s). Source: www.jnbs.com
F4.5
Does government guarantee individual mortgage
loans for housing? (Yes=1/No=0) 0 "
F4.6
Banks that provide mortgage lending are required
to have annual audits. (Yes=1/No=0) 1 "
The BOJ undertakes the supervision of deposit taking institutions
as required under section 34A of the Bank of Jamaica Act and
other secondary legislation, i.e. Banking Act Building Societies Act
(section 31), Financial Institutions Act and the Co-operative
Societies Act. Currently, regulations are being strengthened to
bring credit unions directly under the control of the BOJ. Source:
www.boj.gov.jm
F4.7
The volume and size distribution of mortgages is
reported annually to the regulatory agency.
(Yes=1/No=0) 1 " As above
F4.8
Please indicate the percentage of the mortgage
lending portfolio that is in default (60-days past
due). (%) 6.50
If a different standard is used to define default
(more or less than 60 days past due), please
describe in comments section.
The BOJ classifies non-performing loans as those unserviced for
over 90 days. For the industry as a whole 6.5% and 6.9% for
Building Societies. After 90 days the NHT refers the property to the
external attorney for sale. At Building Societies after 90 days the
property goes on sale. Sources: ESSJ 2010; www.nht.gov.jm;
NHT's Arrears Past $900M Jamaica Observer, February 10, 2010;
Victoria Mutual Building Society Annual Report, 2009.
F5 Lender's interest in the collateral is protected. 0.25
10
Housing Finance Regime 6/8/2012
Questions Score Instructions Comments
F5.1
Percentage of residential properties with
mortgages that have legal titles. (%)
Information is typically available in the
land/property registry. If the answer is less
than 100%, please list what is generally used
for collateral in the comments section.
Cannot calculate an answer. In Jamaica there are two systems of
ownership (1) title registration and (2) deed ownership (common
law titles). According to the National Land Agency there are
784,036 parcels of land in Jamaica of which only 417,301 (53.22%)
are registered. Jamaica does not have a cadastre so it cannot be
determined the percentage of residential properties with
mortgages. In the absence of a registered title applicants may
apply for Title Insurance to facilitate the transaction. Sources:
www.nla.gov.jm; www.jnbs.com
F5.2
Private housing finance institutions view property
titles or long-term lease agreements as sufficient
collateral and do not require personal guarantees
(Yes=1/No=0, or no mortgage lending = 100) 1
Information for questions F5.2-F5.4 is usually
available from commercial bank managers
involved in mortgage lending. If answer is No,
please list what is generally used for collateral
in the comments section.
There must be a registered Certificate of Title for the property
being purchased or being offered as security. In the absence of a
title applicants may apply for Title Insurance. Source
www.jnbs.com
F5.3
The number of months required for a bank to
register a lien on a property used for collateral
(Months) (no mortgage lending=100) 3 If less than 1 month, enter zero.
From the pre-qualification process to closing transaction at the
financial institution. However, registering mortgages at the Titles
Office takes two days at the Express Desk and seven days outside
the Express Desk. Sources: Registrar of Titles; Victoria Mutual
Building Society.
F5.4
The number of months required to foreclose on a
mortgage and transfer the property to the bank
(Months) (If no foreclosures or no mortgage
lending=100) 3 If less than 1 month, enter zero.
Foreclosures are administered under section 109 of the
Registration of Titles Act but are rare in Jamaica due to high costs
and mortgage holders restructuring their loans. As a result of high
costs sale by public auction is the preferred route. Mortgage
companies will only apply for a foreclosure order if they have been
unsuccessful in selling land at public auction. It takes 92 days from
the point of an order being taken out under the Registration of
Titles Act but can take up to a year to complete if sale is first
contemplated. Sources: Registrar of Titles; Jamaica Observer,
March 9, 2011.
F6 Secondary mortgage markets are operational. 0.80
F6.1
Has legislation passed for the creation of a
secondary mortgage market? (Yes=1/No=0) 1
Information for this section may be available
from a person in the banking sector familiar
with plans for programs concerning the
secondary-mortgage market.
The Jamaica Mortgage Bank is a statutory organization
established under an Act of Parliament in 1973. It operates three
business areas: primary market functions; secondary market
operations; and mortgage insurance. On April 13 2011, JMB
restarted its secondary mortgage market facility, which has been
dormant since the 1970s, with J$2 billion of tax-free bonds. The
Government has taken steps to privatize the JMB by the end of
2011. Sources: Jamaica Gleaner, January 6, 2010; Jamaica
Observer June 17, 2011.
11
Housing Finance Regime 6/8/2012
Questions Score Instructions Comments
F6.2
Government liabilities in support of secondary
mortgage markets are transparent and have a
sunset clause (Yes=1/No=0, or no secondary
mortgage market =100) 0
Some information may be available from the
Superintendence of Banks or the Central
Bank.
JMB will no longer buy mortgages and keep them on its books but
will ensure that the credit risk stays with the institutions that write
the mortgages. JMB will just sell through with the cash flows rather
than passing on the risk to investors. Jamaica had a secondary
market in 1976, but it ceased operation until this past April. There
are plans to privitize the company at the end of the year. At that
time, they may have a sunset clause. Source: Mortgage bank re-
enters the secondary market, Huntley Medley, Contributing Editor -
Business, Jamaica Gleaner, January 6, 2010.
F6.3
Are mortgages standardized? (Yes=1/No=0, or no
mortgage lending=100) 1 " Source: www.jm.gov.jm
F6.4
Is mortgage insurance is readily available?
(Yes=1/No=0, or no mortgage lending=100) 1 "
While JMB can insure an entire mortgage only partial insurance is
now done out of caution. The JMB has about J$1 billon worth of
mortgage indemnity on its books. Source: see F6.2
F6.5
Have banks issued mortgage bonds?
(Yes=1/No=0) 1 "
Tax-free status on its shelter bonds allows the JMB to attract about
J$1 billion in funding each year to finance housing development
lending. Source see F6.2.
F6.6
Are mortgages traded in a secondary market (i.e.
mortgage-backed securities)? (Yes=1/No=0) 1
Please elaborate in comments section on the
types of instruments used in the secondary
mortgage market and how long they have
been traded.
JMB buys mortgages from primary lenders such as building
societies and repackages them as mortgage-back securities for
sale to institutional investors such as pension funds. Source: see
F6.2.
F7 Microcredit for housing is available. 0.00
F7.1
Is there a ceiling on lending interest rates for
microcredit? (Yes=1/No=0, or microcredit for
housing is not available = 100) 100
Information should be obtained from any
institution providing microcredit for housing. There is no micro-credit lending for housing.
F7.2
Organizations providing microcredit for housing are
licensed and require annual auditing (Yes=1/No=0,
or no microcredit available = 100) 100 " Not applicable
F7.3
The volume and size distribution of microloans for
housing is reported annually to a regulatory
agency or other association. (Yes=1/No=0, or no
microcredit available = 100) 100 " Not applicable
F7.4
Private money lenders, individuals, or private
companies provide unregulated credit (Very
common=3, Somewhat common=2, Rarely=1,
Never=0) 1
Information should be based on personal
experience or obtained from institutions
providing microcredit for housing.
The mortgage regulatory environment is very strict in Jamaica and
governed by several pieces of legislation..
F8 General financing questions
12
Housing Finance Regime 6/8/2012
Questions Score Instructions Comments
F8.1
The typical loan term (number of years of
mortgage loans by private housing finance
institutions) for mortgage lending. 30.0
Information should be obtained from any
institution providing mortgage lending for
housing.
This varies according to the product being offered by the mortgage
institution but the typical loan term is 30 years, or to age 70
whichever is earlier, for properties constructed substantially of
concrete blocks. For properties constructed of hardwoods, the
maximum term of the mortgage would be 20 years. Source:
Sagicor joins mortgage fray. The Gleaner June 26, 2011.
F8.2
The typical interest rates (annual nominal rate by
private housing finance institutions) for mortgage
lending. 10.4
Information should be obtained from any
institution providing mortgage lending for
housing.
As indicated in F3.2 rates are variable. Rates at JN range from
11.49 to a low of 9.8%. Victoria Mutual Building Society (VMBS)
with approximately 34% of market share has rates of 10.40% for
savers and 11.99% for non savers. Scotia Jamaica Building
Society, which has approximately 9% of the mortgage loan market,
has rates ranging from 14% to 10.75% fixed for 36 months, but
only to a select group of professionals and university students. It
should be noted that rates have been falling since April 2011, with
JN being the latest to reduce its rates from 13% to single digits in
July 2011. Players in the real estate sector attribute reduction in
rates to a policy decision by Government to adjust stamp duties in
April 2011 which has resulted in lenders battling it out to offer the
most attractive rates in the industry.
F8.3
The typical loan term (number of years of
mortgage loans by private housing finance
institutions) for micro-credit.
Information should be obtained from any
institution providing micro-credit for housing. There is no micro-credit lending for housing.
F8.4
The typical interest rates (annual nominal rate by
private housing finance institutions) for micro-
credit.
Information should be obtained from any
institution providing micro-credit for housing. Not applicable.
F8.5 Are mortgages tied to an index?
Information should be obtained from any
institution providing mortgage lending for
housing. No
F8.6
Are there other sources of funding for the housing
sector?
For example, this could include remittances,
co-ops, savings clubs. Consult private
construction company or home-builder.
Informal rotating credit schemes (partner) operate in informal
settlements. The program is minor. Each person contributes a
specified amount each month but the credit is not necessarily used
for housing. This program is not regulated by the government.
13
Housing Subsidies Regime 6/8/2012
The Housing Subsidies Regime
Questions Score Instructions Comments
S 0.51
S1
Housing subsidies are an important share of
the national government budget. 0.5
S1.1
Housing was one of the ten highest priorities in
the platform of the national government.
(Yes=1/No=0). 1
Please consult platform documents and policy
papers of national government.
The Manifesto of the current government states as one of its
objectives "A better approach to housing our people" Source:
http://jamaicalabourparty,com
S1.2
Is there a ministry or department of housing in
the national government (Yes=1/No=0) 1 Please consult national government.
The Ministry of Water and Housing was renamed the Ministry of
Housing, Environment and Water (MHEW) in June 2011.
S1.3
What is the housing budget as a percentage of
the total national government budget in the last
year? (0-100%) 3.3
100*(last year housing budget/last year total
government budget). If more than one entity
has budget for activities related to housing,
enumerate in the housing budget. Please
specify numbers used for calculation in the
comments section.
Combined estimates of expenditure for central government and
public enterprises totaled J$869.2bn in FY 2010-2011. The
combined estimates of expenditure for housing for the Ministry of
Housing and the National Housing Trust amounted to 28.7bn in
FY 2010-2011. Sources: Jamaica Estimates of Expenditure 2010-
2011; Budget Memorandum 2010-2011.
S1.4
What is the estimated share of the housing
budget at the national level that finances the
production of completed housing units or
housing improvements this year? (%) 60.0
Consult budget office of the national agency that
is concerned with housing, or published budget
documents of the agency.
Of a total housing budget of J$51.5bn in 2011-2012, capital
expenditure by NHT on construction amounts to 26.4bn; the
MHEW will spend 1.5bn to construct 580 new housing solutions,
which will be undertaken by the Housing Agency of Jamaica
(HAJL) an agency of the MHEW; and the HAJL will spend 3.0bn
on the construction of 4,202 housing solutions. Source: Jamaica
Budget 2011-2012.
S1.5
What is the estimated share of the housing
budget at the national level that was given in rent
vouchers, direct demand subsidies (housing
allowances, vouchers or subsidies for a down
payment), interest-rate subsidies, grants given
directly to beneficiaries or slum-upgrading in low
income communities, this year? (%) 1.7
Consult budget office of the national agency that
is concerned with housing, or published budget
documents of the agency. Please include
details of each program in the subsidy
worksheet.
A new subsidy programme which allocates 40% of the National
Housing Trust's (NHT) pre-tax surplus at the end of each quarter
to provide subsidies to selected mortgage applicants who earn
less than J$10,000 per week was introduced as of July 1, 2010.
The NHT estimates that its subsidy programme for low income
contributors will cost the agency J$840 million in FY 2010/2011.
Sources: www.nht,gov.jm; Jamaica Gleaner, Business News,
Saturday, May 1, 2010.
14
Housing Subsidies Regime 6/8/2012
S1.6
What is the estimated share of the housing
agency's budget dedicated to all forms of
homeless assistance? (%) 0.06
Consult budget office of the national agency
concerned with housing, or published budget
documents of the agency. 'Homeless people'
refers to persons without any shelter at all. If
the issue of homelessness is taken care of by
another agency, please indicate in the
comments. Please obtain budget of that agency
and its domain of operation (municipal,
provincial, national).
Homelessness is managed by the Board of Supervision,
Department of Local Government. In FY 2011-12 a budgetary
allocation of J$15.8 mn will support programmes with
rehabilitation and community re-integration the focus. The MHEW
has allocated J$2.0mn in support of its Social Housing
Programme which is designed to assist the neediest in the
country. The programme is targeted and benefits are only
provided to persons within a certain income band. MPs receive
allocations from the Constituency Development Fund to undertake
social and indigent housing. Source: Jamaica Estimates of
Expenditure 2011-2012. (Divided 15.8mn+ 2mn=17.8mn by
28.7bn *100)
S1.7
What is the estimated share of the housing
agency's budget dedicated to upgrading homes
and infrastructure in low-income communities?
(%) 1.1
Consult budget office of national housing
agency, or published budget documents of the
agency.
The Housing Agency of Jamaica will spend J$386.6mn on
squatter upgrading while the Urban Development Corporation will
spend J$150 mn on a neighborhood upgrading project in a
blighted area in Kingston. The Urban Development Corporation is
a public/private redevelopment organization originally set up to do
a waterfront redevelopment. Sources: Jamaica Estimates of
Expenditure 2011-2012; www.hajl.gov.jm
S2
Housing subsidies are serving low-income
households. 0.5
S2.1
Housing agency provides demand side subsidies
such as housing vouchers to beneficiaries to rent
or purchase housing. (Yes=1/No=0) 0
Please do not include subsidies given to
producers for infrastructure upgrading in low-
income communities as "supply side" subsidies.
Consult a person reliably familiar with the views
of the housing agency leadership. If yes, please
reference specific subsidies in the subsidy
worksheet.
There are no demand side subsidies that provide housing
vouchers to beneficiaries to rent or purchase housing.
S2.2
Is eligibility and the value of demand side
subsidies (housing allowances, vouchers or
subsidies for a down payment) determined by
income level of the resident? (Yes = 1/No=0 or
100 if no demand side subsidies) 100 Consult both national and local housing agency.
There are no demand side subsidies that provide housing
allowances, housing vouchers to beneficiaries or subsidies for a
downpayment.
S2.3
Are there other criteria to target demand side
subsidies? (Yes=1/No=0, or 100 if no demand
side subsidies) 100
Consult both national and local housing agency.
If answer is yes, please indicate the criteria in
the comment section. There are no demand side subsidies.
S3
The government engagement in public
housing is limited 0.3
15
Housing Subsidies Regime 6/8/2012
S3.1
Does the government subsidize the construction
of new housing for low-income residents?
(Yes=1/No=0) 1
Consult person in operations department of
national housing agency or municipality.
The interest rate charged by NHT on interim construction loans
was reduced to 3% in July 2010. The facility applies to 2br units
built at a cost not exceeding J$5.5 mn and studio units costing a
maximum of J$3mn. The JMB's interest rate on construction
financing is J$14.5%. Sources: www.nht.gov.jm; Prime Minister's
budget presentation 2010-2011 Budget Debate, April 20, 2010
S3.2
The private sector is engaged in carrying out
government funded housing programs. (Very
engaged=5/Not engaged=1, or 100 if no
government housing program) 2
Consult person in operations department of
national housing agency.
The NHT Chairman is reported as saying that private developers
fear building properties targeted at low income earners since the
facility at S3.1 was introduced to date (19/04/11) he has not
received a single application from the private sector. Source:
Jamaica Observer, April 20, 2011. Between 2003 and 2010 the
NHT provided loans valued at J$8.6bn to private and public
developers. Source: A look at NHT's Interim and Institution
Financing www.propertiesjamaica.com . The private sector does
not want to take the risk.
S3.3
The civic sector is engaged in carrying out
government funded housing programs. (Very
engaged=5/Not engaged=1, or 100 if no
government housing programs) 2
Consult person in operations department of
national housing agency.
NGOs are not large enough to undertake government funded
housing programs. The Indigent Housing Programme receives
support from NGOs such as Food for the Poor and the Red Cross
and allocations assigned to Members of Parliament under the
Constituency Development Fund. Source ESSJ 2008.
S4
Down-payment assistance is provided in
conjunction with mortgage lending. 0.5
S4.1
Is the government providing up-front subsidies in
the form of a partial or full payment of a down
payment for a mortgage loan. (Yes=1/No=0) 1
Consult person in operations department of
national housing agency. Also answer "No" if
there is no available mortgage lending.
As of May 2010, the National Housing Trust discontinued the
requirement that applicants for scheme units must pay a minimum
5% deposit. However, they are required to pay the legal and
professional fees associated with the transaction. Applicants are
also required to finance the gap between the cost of the property
and the amount the applicant is able to borrow. Sources:
www.nht.gov.jm; Jamaica Gleaner, Business, Saturday, May1,
2010.
S4.2
Subsidies were given in association with micro-
loans for housing improvement last year.
(Yes=1/No=0) 0
Consult person in operations department of
national housing agency. Also answer "No" if
there is no available micro-lending. No, there is no micro credit available for housing.
S5
Other assistance related to housing is
provided. 0.3
S5.1
Subsidies for costs associated with land titling
were provided by the national or local
government to incentivize residents to obtain a
land title. (Yes=1/No=0 or 100 if everyone has
land title) 1
Consult budget office of national housing
agency or municipality, or published budget
documents of the agency.
The Land Administration and Management Programme was
established by Government in 2000 to assist individuals in
securing titles. Titling costs are greatly reduced as certain
government taxes and fees such as Transfer Tax, Stamp Duty &
Registration Fees are waived. Sources: www.nla.gov.jm;
www.lampja,com
16
Housing Subsidies Regime 6/8/2012
S5.2
The government has a slum upgrading program
providing infrastructure improvements in low-
income settlements. (Yes=1/No=0 or 100 if no
slums) 0
The Housing Agency of Jamaica, an agency of the Ministry of
Housing, Environment and Water, is responsible for the upgrading
of informal settlements. In 2008, due to delinquent beneficiaries
and other challenges, operations of the NHT Inner City Housing
Programme, which was part of the Government's urban renewal
programme, was closed. The UDC in FY 2011-2012 will test a
new programme for upgrading blighted areas in the city. Source:
ESSJ 2008.
S5.3
The government has a sites-and-services
program. (Yes=1/No=0) 0
Consult budget office of municipal and national
housing agency, or published budget
documents of the agency. "Sites-and-services"
refers to the practice of providing serviced plots
of land for redevelopment.
The strategy of Government is to identify those areas where major
tourism developments are taking place and are likely therefore to
have an influx of workers. A mix of housing solutions including
serviced lots are then provided in those areas. Source: NHT
Annual Report 2007-2008.
S6
There are tax incentives for homeownership
and rental 0.5
S6.1
Are there tax deductions for constructing
affordable rental housing? (Yes=1, No=0) 0
Please consult a builder or developer engaged
in the construction of affordable rental housing.
S6.2
Can mortgage interest payments be deducted
from income tax calculation? (Yes=1/No=0 or
100 if not applicable) 0
Consult certified public accountant or lawyer
familiar with tax law.
S6.3
If so, is there a ceiling on the amount of
mortgage interest that can be deducted?
(Yes=1/No=0 or 100 if not applicable) 100
Consult certified public accountant or lawyer
familiar with tax law.
S7
The housing subsidy system is transparent
and well-understood. 1.0
S7.1
Does the government provide insurance for
mortgages issued by the private sector at
preferential rates? (Yes=1/No=0 or 100 if not
applicable) 100
Consult a person familiar with mortgage
insurance.
S7.2
The estimated amount of tax exemptions to
homeowners is documented and publicly
available. (Yes=1/No=0 or 100 if not applicable) 100
Consult budget office of national housing
agency or published budget documents of the
agency.
S7.3
If there is a government housing bank providing
mortgages at below market rates, is this implicit
subsidy being documented and made publicly
available. (Yes=1/No=0 or 100 if not applicable) 1
Consult people working in the government
housing bank.
This information is provided in the annual reports of the NHT and
published from time to time on the NHT website. Additionally, The
Access to Information Act was passed in June 2010. It gives
citizens and other persons a general legal right to official
government documents that would otherwise be inaccessible.
S7.4
The estimated amount of mortgage loans given
by public agencies that are in default is known
and published. (Yes=1/No=0 or 100 if not
applicable) 1
Consult budget office of national housing
agency, or published budget documents of the
agency.
This information is available on the NHT website from time to
time. For example, the following is published on NHT's website "
NHT Hosts Payment-Advisory Seminars for Mortgagors".
17
6/8/2012
SUBSIDY WORKSHEETSPlease complete one worksheet per subsidy offered after consulting both national and local housing agencies, and others familiar with available housing subsidies.
Subsidy Worksheet # 1 Subsidy Worksheet # 2 Subsidy Worksheet # 3
Name of Subsidy Subsidy Program Name of Subsidy Name of Subsidy
Date subsidy began (month/year) Date subsidy began (month/year) Date subsidy began (month/year)
Please describe the subsidy in the space below Please describe the subsidy in the space below Please describe the subsidy in the space below
Subsidy Targeting Subsidy Targeting Subsidy Targeting
What income group does the subsidy target? J$4,070-J410,000 per week What income group does the subsidy target? What income group does the subsidy target?
How many households benefit from this subsidy? 720 contributors in 2010-11 How many households benefit from this subsidy? How many households benefit from this subsidy?
mean annual per
capita J$4,143
Subsidy Administration Subsidy Administration Subsidy Administration
Who administers the subsidy program? Who administers the subsidy program? Who administers the subsidy program?
National Housing
Trust
Who provides funding for the subsidy program? Who provides funding for the subsidy program? Who provides funding for the subsidy program?
National Housing
Trust
What is the total budget for the subsidy program? What is the total budget for the subsidy program? What is the total budget for the subsidy program?
40% of pre-tax
surplus in each FY
J$840mn in 2010-
11
What is the cost of the subsidy per household? What is the cost of the subsidy per household? What is the cost of the subsidy per household?
up to J$1.2 million
in annual report
NHT; Gleaner
01/05/10; JSLC '09
July 2010
What is the typical household expenditure on housing for the targeted
income group? (provide answer in local currency, indicate whether per
month, year, or other)
Is information about the cost and # of beneficiaries publicly available?
What criteria is used to determine eligibility for the subsidy? (For
example, is it based on income, household size, assets, etc)
What criteria is used to determine eligibility for the subsidy? (For
example, is it based on income, household size, assets, etc)
Persons eligible under the program include contributors in the one per cent and
three per cent interest bands.
What is the typical household expenditure on housing for the targeted income
group? (provide answer in local currency, indicate whether per month, year, or
other)
Under the program the National Housing Trust will allocate 40 per cent of its pre-
tax surplus at the end of each quarter to provide subsidies to selected mortgage
applicants who earn less than J$10,000 per week, and who have contributed to the
NHT for a least ten years. The subsidies will only be available to contributors if the
agency makes a surplus in the previous quarter - the agency has made a surplus
every year. Applicants may be granted subsidies of up to J$1.2 mn. Purchasers
can use the subsidy to build or purchase a unit in the open market or in NHT
schemes. However, the subsidy cannot be used to buy land lots. This (FY2011) is
the first year that the program is in operation.
Is information about the cost and # of beneficiaries publicly available? Is information about the cost and # of beneficiaries publicly available?
What criteria is used to determine eligibility for the subsidy? (For example, is it
based on income, household size, assets, etc)
What is the typical household expenditure on housing for the targeted
income group? (provide answer in local currency, indicate whether per
month, year, or other)
Please provide source of information and any comments: Please provide source of information and any comments: Please provide source of information and any comments:
Demand-side Subsidy
Supply-side Subsidy Other___________________________
home-ownership rental housing
Demand-side Subsidy
Supply-side Subsidy Other___________________________
home-ownership rental housing
Demand-side Subsidy
Supply-side Subsidy Other___________________________
home-ownership rental housing
18
Residential Infrastructure 6/8/2012
Residential Infrastructure
Questions Score Instructions Comments
I 0.63
I1
Infrastructure services in informal
settlements are upgraded. 0.88
I1.1
There is an active infrastructure upgrading
program in the city's informal settlements
(Rank 1 to 5, Strong program=5/No program=
1, enter 100 if no informal settlements) 4
Consult a person in the housing agency or
municipal government who is familiar with the
policies and programs.
The Operation Pride programme upgraded several squatter
settlements in the KMA over the past three years but attention has
been concentrated on the north coast since the 2009/10 fiscal
year with the Tourism Enhancement Fund allocating J$1 bn to
upgrade squatter settlements on the north coast. These programs
are operated at the national level. While the local government is
responsable for roads in subdivision and drainage cleaning, the
national government oversees all other roads and electricity.
I1.2
There is an active national-level infrastructure
upgrading program operating in informal
settlements in numerous municipalities.
(Rank 1 to 5, Strong program=5/No program=
1) 5
This question seeks to explore whether the
upgrading program is at the national scale.
Consult a person in the housing agency or
someone who is familiar with policies and
programs.
The emphasis is on the squatter settlements along the north coast
particularly in the parishes of St. Ann (Ocho Rios) and St. James
(Montego Bay) which have major tourism developments and
mushrooming squatter settlements.
I2
Infrastructure plans are adequate to meet
future population growth 0.33
I2.1
There are approved physical plans in the city
and its surrounding municipalities for urban
expansion to accommodate population
growth. (Yes=1/No=0) 0
Please check that planning documents
contain population projections, and that plans
actually seek to accommodate the projected
populations. Indicate the date of approved
physical plans in the notes and who is
responsible for preparing them (national,
municipality, district, etc).
There are no approved plans of the KMA which take into account
future population growth and the direction of this growth. The
Town and Country Planning Act, which is the principal legislation
that governs planning, does not require the preparation of long-
term development plans but rather development orders.
Development Orders are the principal regulatory instrument under
the Act. As a result the emphasis of planning in Jamaica has been
on its regulatory functions and not long-term development.
I2.2
There are recent capital investment plans for
urban expansion to accommodate population
growth in the city. (Yes=1/No=0) 0
Please consult urban planning documents or
with local government officials. "Recent"
means less than 2 years. Please describe an
example of a recently planned capital
investment project.
The Kingston Water and Sanitation Project involves the
rehabilitation and upgrading of the water supply facilities in
Kingston and St. Andrew. The project is being implemented by the
National Water Commission (NWC) and is funded by the IDB at a
cost of US$55 million. Source: www.nwcjamaica.com There is no
overall plan for the city and for expanding areas - just this specific
project.
19
Residential Infrastructure 6/8/2012
Questions Score Instructions Comments
I2.3
Is there an active program of acquiring the
right-of-way for major roads in expansion
areas? (Yes=1/No=0) 1
This means that there is a public agency that
is presently acquiring land for major roads in
expansion areas.
Highway 2000 is designed to connect the capital Kingston with
Montego Bay and Ocho Rios. The highway is being built
according to modern international standards.
I3
There is adequate water supply in all
neighborhoods. 0.92
I3.1
Most recent data on the percentage of the
urban population in the country with access to
improved water supply (From
www.wssinfo.org) 98
Consult the website for available data as well
as the accepted definition of "improved water
supply".
The Ministry of Water & Housing's Study (Preliminary Report on
Squatting, 2008) found that access to potable water in squatter
settlements was no different from the rest of the island and 85%
of the surveyed settlements had access to water through
established NWC's distribution system (legal or otherwise).
I3.2
Year for which most recent data is available.
(Year) 2008 Consult the website. Source: www.wssinfo.org
I3.3
How many hours a day, on average, is water
available in pipes in low-income settlements in
the city? (hours) 24
If no published data is available, please visit a
typical settlement and inquire about it.
While water is generally available 24 hours a day, implementing
water lock-offs is used by the NWC to ration water during periods
of scarcity. According to the 2009 Jamaica Survey of Living
Conditions 36.7% of Jamaican households experienced lock-offs
during the 20 days prior to participating in the Survey. The
average number of lock-offs experienced by these households
was 6.8. There was little variation among urban and rural
reflecting the widespread geographical reach of reduced rainfall
and drought in 2009. There was also little variation among income
groups as the average number of lock-offs among the poorest
group was 8.0 compared with 7.0 for the wealthiest quintile.
Source: JSLC 2009
I3.4
What is the ratio of the price of water sold by
water trucks or private vendors and the price
of metered water in a typical informal
settlement in the [capital] city? (if there are no
water trucks then write 100 and note in the
comments section) 100
Calculate price per liter or per cubic meter and
then divide one by the other.
In October 2009 the Ministry of Water & Housing wound down its
Rapid Response Programme and divested its working trucks to
the local authorities and some of the displaced workers. Since
2010, the latter group has been trucking water to drought stricken
areas across all income groups. The Office of Utilities Regulation
(OUR) is currently examining ways to bring private truck operators
under its remit. The move comes as the public, local authorities
and other bodies continue to raise concerns about the quality and
safety of drinking water being distributed. Sources: Jamaica
Observer April 26, 2011; Jamaica Information Service April 6,
2010.
I4
There is adequate sanitation in all
neighborhoods. 0.25
I4.1
Percent of urban population with improved
sanitation (From www.wssinfo.org) (0-100%) 82
Consult the website for available data as well
as the accepted definition of "improved
sanitation". Source: www.wssinfo.org
20
Residential Infrastructure 6/8/2012
Questions Score Instructions Comments
I4.2
Year for which most recent data is available.
(Year) 2008 Consult the website. Source: www.wssinfo.org
I4.3
Percentage of the city's sewerage that is
treated (0-100%) 50.5
"Treated" means going through a treatment
plant of some kind, rather that flowing freely
into a river or into the sea.
In 2007, the sewage treatment faculties in the KMA were
upgraded with completion of the Soapberry Treatment Facility. Old
dilapidated small plants unable to meet treatment requirements of
85% of sewage collected in the city's sewerage facilities operated
prior to 2007. The installation of the waste treatment facility is a
key component for the long-term expansion of the Kingston
sewerage system, and existing and new sewerage lines will
connect to the facility. According to the 2009 Jamaica Survey of
Living Conditions half (50.5%) of households in the KMA had toilet
facilities linked to sewer. Sources: Analytical Study: Environment
and Development Prepared for NEPA, KSAC, GOJ/CIDA ENACT
Programme by Alison Massa, December 2003; JSLC 2009.
I5
The road network is adequate and well
maintained. 0.50
I5.1
The percentage of paved roads in the country
[From World Bank's WDI website] (0-100%) 73.5
Consult the website or if data is unavailable
consult a public official with agency
concerning transport or public works.
Source: www.trading economies.com/Jamaica. The indicator is
not available on the World Bank's WDI website
I5.2
The average time of the journey to work by all
modes in the city (minutes) 48
Consult municipal transport department or
engineer familiar with latest transport survey
data.
48 minutes for urban areas. Source: Residential Consumer End
Use Survey - Final Report, Vol. 1 - Household Energy and
Transportation, 2007, prepared for Petroleum Corporation of
Jamaica, PIOJ and STATIN, funded by UNDP.
I5.3
Number of days last year that the roads in the
city were flooded. 2
If data is unavailable, please use best
estimate.
Several roads were blocked or made impassable and two bridges
collapsed as a result of Tropical Storm Nicole which dumped
3544.4 mm of rain on the island over a six-day period (September
6 - October 1, 2010).
I6 Electricity is available in all dwelling units. 0.88
I6.1
Percent of urban dwelling units with electrical
connection [from last census] (0-100%) 97.6
Data for the country as a whole from last
census.
According to the 2009 Jamaica Survey of Living Conditions 97.6%
of households in the KMA had electricity while 95.4% of other
towns had this facility. Source: JSLC 2009
I6.2
Year for which most recent data is available.
(Year) 2009 Jamaica Survey of Living Conditions
I6.3
Number of hours per day that electricity is
available in a typical low-income settlement in
the city. 24
Consult people in a typical low-income
settlement or members of organizations
working in such settlements. Please indicate
whether illegal connections are common in the
comments section.
Electricity is available for 24 hours to all communities unless there
are power cuts or you do not pay your electricity bill on time. The
Ministry of Water & Housing's Study (Preliminary Report on
Squatting, 2008) found that 95% of the surveyed settlements had
access to electricity.
21
Residential Infrastructure 6/8/2012
Questions Score Instructions Comments
I7
There is adequate police and fire
protection in all neighborhoods. 0.50
I7.1
The share of the area of the city in
neighborhoods that are regularly patrolled by
the police (0-100%) 10.2
Consult police headquarters or members of
organizations working in low-income
settlements.
The Jamaica Constabulary Force (JCF) began its community-
based policing programme in 2006 with assistance from the
USAID Jamaica Empowerment and Transformation Project
(COMET). COMET aims to strengthen the capacity of the JFC to
conduct law enforcement in the country. Of the 108
neighborhoods in the KMA identified by STATIN in the 2001
Population Census, 10.2% are community-based policing areas.
Sources: COMET News Bulletin May 3, 2010; Jamaica Partners
Peace Report September 30, 2010; Community, Safety & Security
Branch, JCF, August 2011.
I7.2
Ratio of the value of a mid-range dwelling unit
in a safe neighborhood and a similar-quality
dwelling unit in an unsafe neighborhood. 25
Consult real estate agents with knowledge of
the mid-range housing market in the city.
This is not possible as dwelling units in safe areas cannot be
compared with dwelling units in unsafe areas. But, based on
personal experience, a moderate house in a safe neighborhood
would range between $20 mln to $30 mln, and similar home in an
unsafe neighborhood would be $5 mln to $8 mln.
I7.3
Number of murders per 1,000 people in the
city last year. 0.7
Consult police headquarters, published crime
data, or World Health Organization website. If
data on murders does not exist in this format,
please calculate to the best of your abilities.
There were 441 murders in Kingston and St. Andrew in 2010.
Source: Economic and Social Survey, 2010.
I7.4
Does the government provide resources to
address youth violence? 1
Consult police headquarters or members of
organizations working in low-income
settlements.
The Safe Schools Programme was launched in 2004 to reduce
violence in the nation's schools. The Citizens Security & Justice
Programme is a multi-faceted crime and violence prevention
initiative. The socio-economic opportunities component focuses
on enhancing opportunities for employment and entrepreneurship
through the provision of training for youth in 39 communities.
Source: Ministry of Social Security & Justice.
I7.5
Is there adequate fire protection in all
neighborhoods? (Rank 1 to 5, adequate fire
protection in all neighborhoods=5/fire
protection in some neighborhoods=3/No fire
protection=1) 4 Consult fire department headquarters.
There are six fire stations and one fire boat serving the KMA. All
neighborhoods are equally served from these stations. Kingston
and St. Andrew accounted for 22% of fires in 2010. Generally, the
Fire Department needs more fire engines and equipment to
improve service to the entire KMA. Source: ESSJ 2010.
I8
Public transport is available throughout
the city. 0.67
22
Residential Infrastructure 6/8/2012
Questions Score Instructions Comments
I8.1
The estimated percentage of the city within 10-
minute walking distance of a public transit
(bus or rail) stop. (0-100%) n/a Consult mass transit authority.
Jamaica Urban Transit Company is unable to provide this
information. There are public transit busses but they operate
irregularly. The stops are everywhere, but it may take 20 minutes
to wait for the bus to arrive.
I8.2
Estimated percentage of commuters who walk
to work (0-100%) 12.5
Consult latest traffic study data. Consult
experts on updating data if it is more than 5
years old.
For urban areas. Source: Residential Consumer End Use Survey -
Final Report, Vol. 1 - Household Energy and Transportation, 2007,
prepared for Petroleum Corporation of Jamaica, PIOJ and
STATIN, funded by UNDP.
I8.3
Estimated percentage of journey-to-work trips
in the city and its environs by public transport,
mini-busses and other non-private transport,
excluding walking trips (0-100%) 43.1
Consult latest traffic study data. Consult
experts on updating data if it is more than 5
years old.
For urban areas. Source: Residential Consumer End Use Survey -
Final Report, Vol. 1 - Household Energy and Transportation, 2007,
prepared for Petroleum Corporation of Jamaica, PIOJ and
STATIN, funded by UNDP.
I9 Garbage collection is adequate. 0.75
I9.1
Percentage of the city with regular public
garbage collection. (0-100%) 84.4
Consult garbage collection agency. Public
garbage collection refers to government
managed or contracted garbage collection.
May include government collection or
government contracting out services to a
private company.
84.4 % of households in the KMA had regular public garbage
collection in 2009. Source Jamaica Survey of Living Conditions
I9.2a
How many times a week, on average, is
garbage collected from households in high-
income neighborhoods in the city? 2 Consult garbage collection agency.
Approximately twice per week according to the National Solid
Waste Management Authority Collection Schedule: Source:
www.nswma.gov.jm. However, within the past six months the
reality is once per week as the NSWMA does not have sufficient
reliable trucks.
I9.2b
How many times a week, on average, is
garbage collected from households in low-
income neighborhoods in the city? 3
Consult garbage collection agency or persons
working in low-income neighborhoods.
According to the NSWMA Collection Schedule. However, 31.8 %
of the poorest households in the KMA had regular public garbage
collection in 2009 according to the Jamaica Survey of Living
Conditions 2009.
I9.3
Percent of garbage disposed in sanitary
landfills (0-100%) 93.3 Consult garbage collection agency. Source Jamaica Survey of Living Conditions 2009.
I10
Access to education and health care is
adequate in all neighborhoods. 0.75
I10.1
What is the average travel time in minutes to
the nearest primary school from low income
communities? (minutes) 20
Please consult a trusted resident, NGO, or
education professional. Make your best
judgment on the estimate for low income
communities in the greater municipality.
The average approximate distance traveled to primary schools
was relatively short at 5.2km (3.2 miles) compared with 13.3km
(6.3 miles) for secondary schools. This is in accordance with
Ministry of Education standards for the placement of primary
schools within a three-mile radius. Source: Jamaica Survey of
Living Conditions 2009.
23
Residential Infrastructure 6/8/2012
Questions Score Instructions Comments
I10.2
What is the average travel time from low-
income neighborhoods to the nearest health
care center or medical facility? (minutes) 20
Please consult a trusted resident, NGO, or
health care professional. Make your best
judgment on the estimate for low income
communities in the greater municipality.
There are no significant barriers that may prevent physical access
to basic public health services as the country has a well
developed network of health centres and hospitals which served
as a model of primary health care that contributed to the vision of
health care for all by the year 2000 in the WHO Alma Ata
Declaration of 1978. Source: Vision 2030 - Draft Health Sector
Plan, August, 2009..
I11
Municipalities can mobilize finance for
infrastructure investments. 0.50
I11.1
Municipalities are allowed to borrow or issue
bonds to finance infrastructure. (Yes=1/No=0) 0
For this section, consult person familiar with
municipal finance, municipal loans, and
municipal bonds.
Financing of municipalities is from the Parochial Revenue Fund.
Under the Kingston and St. Andrew Corporation Act, 1931 the
Corporation has no powers to borrow or issue bonds to finance
infrastructure although it has been suggested that this option
should be explored.
I11.2
Municipal budgets and expenditures of all
municipalities are subject to strict accounting,
reporting, and auditing rules. (Yes=1/No=0) 1 "
Under the Kingston and St. Andrew Corporation Act the Council is
required to prepare and submit to the Minister, on or before
December 31 in each year, true Estimates of income receivable
and expenditure to be incurred during the ensuing financial year
commencing on April1. The accounts of the Council are subject to
audit by the Auditor General.
I11.3
All municipalities have available revenue
streams that can be pledged for debt
repayment. (Yes=1/No=0) 0
In the comment section, please indicate
whether these funds are substantial, secure,
or not earmarked for other purposes.
The Parochial Revenue Fund is the designated source of funding
for municipalities. Revenues from various taxes, licences and fees
are placed in the fund for use for a specified purpose in the
municipality. Source: Sustainable Rural Development Policy -
Issues and Options Report, Pauline McHardy, for PIOJ/EDF,
2003.
I11.4
Municipal assets, especially land, can be sold
or used as collateral to finance infrastructure
investments. (Yes=1/No=0) 1 "
Parish Councils with the approval of the Minister can lease any
land within the parish for public purposes. Municipalities lack real
autonomy as all significant actions must first be approved by the
Minister. Source: Framework for Sustainable Development:
Considerations for Jamaica, Prabha Khosla and Bevereley Pereira
for GOJ/CIDA/ENACT. 2001.
24
Regulatory Regime 6/8/2012
The Regulatory Regime
Questions Score Instructions Comments
R 0.57
R1
An official housing policy document is
prepared. 0.75
R1.1
The law mandates the preparation of an official
housing policy document by at least one level
of government. (Yes=1/No=0) 0
Consult a person in the housing agency who is
familiar with the preparation of housing policy
documents. Please indicate whether the policy
was prepared at the national-level, local-level,
or both levels of government.
There is no such law but Jamaica prepared a housing policy in
1982 and a National Shelter Strategy in 1997. A Housing Policy is
currently being prepared. In 2008, The Minister of Housing
signed a contract with consultants for the formulation of a
National Housing Policy & Implementation Plan. A first draft was
completed in February 2009, a revised draft in July 2009 and a
2nd draft in February 2010. After reviews by a Technical Review
Committee, in July 2011, the Cabinet gave the go ahead for the
policy and plan to be tabled as a Green Paper.
R1.2
Number of UN global resolutions on housing
rights that are adopted by the government. (If
none=0, enter 1-7 depending on the number of
resolutions adopted) 7
Consult UN Declarations of the human rights to
adequate housing at
www.unhchr.ch/html/menu6/2/fs21.htm, to find
out how many resolutions the country has
adopted.
Cannot find the website. The government does support and
adopted all seven declarations.
R1.3
Do representatives of the private sector, the
civic sector, and residential communities
actively participate in the preparation of the
housing policy document? (Yes=1/No=0) 1
Consult a person in the housing agency who is
familiar with the preparation of housing policy
documents, a representative of civic society,
and a private sector representative involved in
housing policy or production.
There were wide consultations during the preparation of the
National Shelter Strategy. Four public consultations were held
during the preparation of the current policy. Two sessions were
held in Montego Bay on September 17 and 18, 2009. A technical
consultation was held on September 23 and a public consultation
on September 24, 2009 in Kingston. Source: Jamaica
Information Service, September 17, 2009
R1.4
Is progress against the official housing policy
document publicly known? (Yes=1/No=0) 1
Consult a person in the housing agency who is
familiar with the preparation of housing policy
documents, a representative of civic society,
and a private sector representative involved in
housing policy.
Reports on progress have been published in Jamaica Gleaner -
January 30, 2008, March 14, 2011; Jamaica Observer - June 14,
2008, December 19, 2008, April 16, 2009; RJR News - July 21,
2011. As a result there is concern about the length of time it is
taking to complete the process among other issues.
R2
There are no restrictions on residential
mobility. 1.00
R2.1
Are there restrictions on residential mobility?
(Yes=1, No=0) 0
Consult actual documents. A restriction on
residential mobility could include the
requirement of internal passports, residence
permits, or other documents preventing the
ability to change residence with-in the country. Jamaica Constitution allows freedom of movement.
25
Regulatory Regime 6/8/2012
Questions Score Instructions Comments
R2.2
If yes, is the government working to eliminate
the restrictions? (Yes=1/No=0 or enter 100 if
no restrictions exist) 100
Consult a person in the housing agency who is
familiar with the leadership and its policies.
R3
Exclusionary housing practices are
discouraged. 0.50
R3.1
Are there policies, laws, or regulations that
prohibit the refusal to rent or sell property to
someone based on race, religion, ethnicity,
gender, or marital status. (Yes=1, No=0) 0
Consult a person in the housing agency who is
familiar with its policies. If yes, please describe
in the comments section.
R3.2
If yes, are the policies, laws, or regulations
enforced? (Rate 1 to 5, Strong
enforcement=5/No enforcement=1, Not
Applicable=100) 100
Consult a reliable resident or real estate rental
or sales specialist.
R3.3
Are residential neighborhoods in the city
segregated by race, income, or religion? (5=all
neighborhoods are mixed,1=highly segregated) 2
Consult a reliable resident or real estate rental
or sales specialist.
Land use patterns in the Kingston Metropolitan Area tend to
follow Burgess's model of spatial structure with social status
increasing with distance from the city centre. Neighborhoods are
not homogenous however, as a result of the peri-urban location
of many informal settlements in the KMA. Source: Kingston,
Jamaica Urban Development and Social Change 1692-2002.
Colin G. Clarke, 2002, Ian Randle Publishers, Kingston.
R3.4
Are gated communities for specific race or
income groups common? (Rate 1 to 5; Very
common=5, Not common=1, Not
Applicable=100) 2
Consult a real estate sales specialist familiar
with this market. See definition for gated
communities.
Gated communities are not for specific race or income groups.
However, because of the cost of units in these schemes they
tend to be confined to middle and upper income groups.
R4
Land and housing regulations are not
burdensome or costly 0.75
R4.1
Please indicate the most recent year that the
municipality reviewed or revised land
regulations and building codes. (Enter 0 if
official building regulations or codes do not
exist ) 2010
Consult person familiar with municipal codes
and regulations
In 2002, the National & Environment Planning Agency (NEPA)
began a process to replace the 1966 Kingston Development
Order (land use regulations). The draft order was submitted in
2010 to the legal draftsman for a Provisional Kingston & St.
Andrew Development Order to be prepared. In 2008, Jamaica
completed a National Building Code based on International Code
Council (ICC) documents. The new Code when enacted into law
will have 22 documents, 11 ICC documents plus 11 Jamaican
application documents. A Small Building Code based on the
International Residential Code (IRC) has been developed for
buildings less than 300 square meters. Legislation is now being
prepared to bring the National Building Code into law. A draft
code was prepared in 1982 but was never brought into law.
Sources: Jamaica Gleaner, October 13, 2010;
www.nepa.gov.jm/presentation/New_Kingston; ESSJ 2008.
26
Regulatory Regime 6/8/2012
Questions Score Instructions Comments
R4.2
Smallest minimum lot size for residential
building of any kind in the city (square meters). 371.6
Please consult a municipal land subdivision
code or building code. If the minimum lot size
varies across the city, please list the smallest
number not the average. The answer is zero if
there is no minimum lot size.
Minimum of 371.6 square meters for internal lots and 418 square
meters for corner lots. Source: Development and Investment
Manual, Vol. 1 Section 1, Chapter 4, p.21. Minimum and starter
standards apply to specific forms of development such as urban
renewal, sites and services and squatter upgrading. Lot sizes
under such circumstances should be a minimum of 111.6 square
meters or approximately 30 residential lots to the acre where the
site is fully serviced. Source: Development and Investment
Manual, Vol. 1 Section 1, Chapter 12.
R4.3
Maximum allowable number of stories for new
residential multi-unit buildings in the city.
(Number) 11
If the restriction is on building height, given in
meters, rather than in number of stories, then
divide the number by 3.5 to get an estimate of
the number of stories.
For multi-family development (i.e., town houses and row
houses) the height of an infill building shall not exceed two (2)
storeys. However, three (3) storeys may be permitted where the
design allow. Source: Development & Investment Manual
Chapter 10 -Residential Multi-family Development. Residential
Apartment Development as follows:
(a) Two (2) storeys where the allowable density is 75 h.r.p.h
(b) 3 to 4 storeys where the allowable density of development is
125 h.r.p.h; (c) 5 - 6 storeys where the allowable density of
development is 250 h.r.p.h; (d) 7 - 10 storeys where the allowable
density of development is 375 h.r.p.h; (e) over ten (10) storeys
will be determined by the relevant authorities. Source:
Development and Investment Manual, Chapter 11.
R4.4
Maximum allowable density in new housing
developments (persons per hectare). 501
If density restrictions are expressed in dwelling
units per hectare, please multiply by the
average household size: e.g., if maximum
allowable density if 50 units per hectare, and
average household size is 5.0, then maximum
allowable density is 250 persons per hectare.
For multi-family infill development it is 270 persons per hectare
(75 h.r.p.h.X 3.6). For apartment development 270 p.p.h (75
h.r.p.h) on the urban fringe; 1,350 persons per hectare (375
h.r.p.h) in the core of the town. Where the land space is
approximately 0.3 hectare, apartments can be located in
residential areas as infill but should not exceed a density of 450
persons per hectare (125 h.r.p.h). Source: Development and
Investment Manual, Chapters 10 and 11.
R5
Processes to meet land and housing
regulations are not burdensome or costly 0.63
R5.1
What is the number of days required to register
a property? 41
Consult with a private builder or municipal
building department. If information is not
available, consult the World Bank Doing
Business Survey www.doingbusiness.org.
Source: Registering Property in Jamaica, 2011 IFC, The World
Bank Group
27
Regulatory Regime 6/8/2012
Questions Score Instructions Comments
R5.2
What are the typical costs involved in
registering a property? (in local currency) 269,500
Consult with a private builder or municipal
building department. This should include the
typical costs or fees that are involved in
obtaining a title. Specify how this cost is
calculated in the comments section.
Land value in open market subdivision - J$3,500.000.00:
Checking of documents J$1,000.00; Checking that land is not
registered J$1,000.00; Witnessing of the transfer instrument
J$5,000.00; Stamp Duty 3.0% of property value; Transfer tax
4.0% of property value; Registration 0.5% of property value
(J$3,500,00.00). Total
J$269,500.00
R5.3
What is the number of days required to obtain
building permits for residential construction. 190
Consult private builder or person familiar with
municipal codes and regulations.
Source: Registering Property in Jamaica, 2010 IFC, The World
Bank Group
R5.4
What is the number of agencies that an
individual is required to visit to obtain a permit
for new construction? 5
Consult private builder or person familiar with
municipal codes and regulations. Specify the
names of agencies in the comments section.
Local Planning Authority; Real Estate Board; National
Environment and Planning Agency; National Water Commission;
Government Electricity Inspector.
R5.5
What are the typical costs associated with
obtaining a building permit? (in local currency) 43,430
Consult with private builder or municipal
building department. Specify how this cost is
calculated or whether it is based on value of
construction or a fixed fee in the comments
section.
Single lot land development cost in open market subdivision with
land valued at J$3,500.000.00 as follows:
(1) Parish Council subdivision approval for 51 lots at 0.5% of
unimproved value of the land (b) assessment fee for roads if any;
(2) Real Estate Board (a) registering development fixed fee for
categories of number of lots (b) fees per lot at fixed fee per lot;
(3) National Environment and Planning Agency -permit and
licence fees (a) registering development fixed fee for categories
of number of lots (b) fees per lot at fixed fee per lot (c) permit fee -
fixed fee (d) licence fee - fixed fee; (4) National Water
Commission (a) processing fee fixed for certain number of lots (b)
sterilization fee fixed (c) connection fee; (4) Parish Council fee for
on-site sewage disposal fixed fee per lot; (6) National Land
Agency (a) pre-checking of survey plan fixed fees for categories
of land values (b) Fast Track process for splinter titles at fixed fee
per title; (7) Electricity Inspectorate fixed fee per lot.
R5.6
Can alternative documents be used in place of
official property title to obtain construction
permits? (Yes=1/No=0) 1
Consult person familiar with municipal codes
and regulations
In the absence of a registered title a number of documents may
be used in combination including a letter of authorization from the
owner if the owner is not the applicant.. Source: www.ksac.gov.jm
R6 Incremental building practices are allowed. 0.00
R6.1
Land regulations require that new residential
land be fully serviced before it is occupied
(Yes=1/No=0) 1
Consult actual documents. "Fully serviced"
denotes working connections to utilities such
as water, sewerage, and electricity.
In order to obtain splinter titles for a subdivision the Kingston &
St. Andrew Corporation must issue a Certificate of Compliance
indicating that all infrastructure work has been completed to the
satisfaction of the City Engineer. Source: www.ksac.gov.jm
28
Regulatory Regime 6/8/2012
Questions Score Instructions Comments
R6.2
The building code requires that houses be
completed before they are occupied
(Yes=1/No=0) 1 Consult actual documents.
The IRC requires that no building or structure be occupied until a
building official has issued a Certificate of Occupancy. This will
apply when the new Building Law is enacted and the Small
Building Code becomes enforceable.
R7
Residential development is not permitted
on environmentally sensitive or hazardous
land. 0.83
R7.1
Recent municipal documents and maps
designate areas to be protected from
development. (Yes=1/No=0) 1 Consult actual documents.
The new Kingston and St. Andrew Development Order indicates
areas which should be protected.
R7.2
Illegal or irregular construction in protected
areas is demolished. (Always=3, sometimes=2,
never=1) 2
Consult a person familiar with municipal
policies regarding the protection of open
space.
R7.3
In earthquake prone areas, do building codes
require earthquake resistant construction
standards? (Yes=1,No=0 or 100 if not
applicable) 1
Consult actual documents or person familiar
with municipal building codes.
The new Code provides construction standards that resist all
natural disasters that affect Jamaica: hurricanes, floods,
earthquakes, landslides and storm surges.
R8
There is an ample supply of land for
residential development. 0.33
R8.1
The most distant year for which populations
projections for the metropolitan area of the city
are available to municipal or metropolitan
planners (Year). 2050
Consult actual documents. Please note that
"most distant year" should refer to a year in the
future.
The new Kingston and St. Andrew Development Order prepared
by the National and Environment Planning Agency (NEPA) does
not provide population projections. In fact, the document is not
based on future growth but the current situation on the ground.
R8.2
Estimated number of years it would take for
raw land where residential development is
allowed on the periphery of the city to be filled
up, given present densities and present annual
levels of land consumption. (Years) 0
Consult the municipal planning office or real
estate experts, how much land, on average, is
converted to residential use every year. Divide
total area reserved for residential development
by that number.
This information is not available as the National Environment and
Planning Agency does not collect these data.
R8.3
Does the city have an urban planning
document designating areas for urban
expansion. (yes=1, no=0) 0 Consult actual documents.
As above, there is no document indicating areas for urban
expansion.
R9
Home-based businesses and mixed land
uses are allowed. 0.50
R9.1
Municipal regulations allow the operation of
home-based businesses in residential
communities (Always=3, sometimes=2,
never=1) 2 Consult actual documents. It depends on the zoning regulations in the development order
R9.2
Municipal zoning regulations allow mixed-use
zoning of residences, stores and productive
establishments (Always=3, sometimes=2,
never=1) 2 Consult actual documents.
The 1966 Kingston Development Order is based on single-use
zoning. However the new Kingston and St. Andrew Development
Order has adopted the concept of mixed zoning particularly in
residential areas undergoing change.
29
Regulatory Regime 6/8/2012
Questions Score Instructions Comments
R9.3
Degree of segregation of different land uses in
the city (Rank 1 to 5, 5=highly mixed, 1=highly
segregated). 3
Question concerns segregation of residential,
commercial, and industrial areas.
The new Kingston and St. Andrew Development Order is moving
away from highly segregated land uses.
R10
Condominium and cooperative housing
laws are in operation. 0.60
R10.1
There is a condominium law and it is
operational (Yes=1/No=0) 1 Consult actual documents.
The Strata Act was amended in April 2010 to establish a
Commission of Strata Corporations, All strata properties must
register with the Commission. Source: www.reb.gov.jm
R10.2
There a cooperative housing law and it is
operational (Yes=1/No=0) 0 Consult actual documents.
A number of urban multi-family housing schemes were organized
as housing co-ops in the 1970s but a law was never enacted and
all have now been divested.
R10.3
If yes to R10.1 or R10.2, are common
elements of apartment buildings also
privatized? (Yes=1/No=0) 1
Consult actual documents. "Common
elements" are defined as roof, hallways,
commercial or storage spaces that are part of
the building as well as the adjacent land.
The strata cooperation does not own any land and the ownership
of the common area is held by the lot owners as tenants-in-
common according to their unit entitlement. Source:
www.nla.gov.jm
R10.4
There are regulations allowing for restrictive
covenants in residential communities
(Yes=1/No=0) 1
Restrictive covenants are binding regulations
that accompany the purchase of a dwelling unit
in a residential community.
Restrictive covenants are endorsed on the face of the Certificate
of Title. Source: www.nla.gov.jm
R10.5
There are regulations that allow the creation of
formal community organizations (Yes=1/No=0) 0
Consult community organizers in low-income
residential areas.
There are no regulations but the policy of the government is to
encourage and support the development of Community
Development Councils and Parish Development Committees as
set out in Ministry Papers 8/93 and 7/03.
R11
Rent restriction or rent control is phased
out 0.38
R11.1
Rental units as a percentage of total housing
units. (%) 36.0 Consult person familiar with the rental market.
This information is not available. In 2010, I spoke to the President
of the Realtors Association of Jamaica and he informed me that
every year he fills out a questionnaire for the Royal Institute of
Chartered Surveyors and this question never gets answered. An
estimate was made using the the 2001 Population Census
estimate of rental premises for the KMA, 59,970 and the 2001
Population Census estimate of the total dwelling units in KMA
164,979. This is likely underestimated since many rental
properties are not formally registered.
30
Regulatory Regime 6/8/2012
Questions Score Instructions Comments
R11.2
The percentage of total rental units now under
rent restriction or rent control in the [capital]
city (0-100%) 83.4 "
The Rent Restriction Act requires that all rental premises in
Jamaica register with the Rent Assessment Board for the
purpose of assessment and regulations. Because the fees to
register are extremely low few landlords chose to register or are
unaware that they are required to register their premises. In
practice, the Rent Restriction Act applies mainly to low-rent
housing. The Rent Board is currently setting up a data base and
therefore estimates that there are approximately 50,000
registered properties in the KMA and 80,000 island-wide.
According to the 2001 Population Census there are 59,970 rental
premises in the KMA and 160,993 island-wide.
R11.3
What is the ratio of the estimated average
market rent to the average rent in a similar rent-
controlled or restricted unit in the city? (100 if
no rent control) 2.2 "
The average rent paid for persons paying rent under rent control
for a typical unit in the KMA is J$18,000.00 while the free market
rent for the same type of property is J$40,000.00.
R11.4
New rental units are not rental controlled or
rent restricted (Yes=1/No=0) 1 " New rental units are subject to control.
R11.5
The dismantling of rent control or rent
restriction on new rental units is addressed in
recent policy documents.(Yes=1/No=0 or 100 if
no rent control) 0 Consult actual documents.
In the 2008/9 Budget Debate the Minister of Water and Housing
announced that the Rent Restriction Act was to be amended to
ensure that the rights of landlords and tenants are equally
protected. In April 2011, the new Chairman of the Rent
Assessment Board announced that legislation had been drafted
and among the changes was a renaming of the act to the Rent
Act. Source: Jamaica Observer, April 26, 2011.
31