Object to Construction Permits

Urban development is inevitable and necessary, particularly in a growing international economy like Sint Maarten. But in the absence of a national zoning plan, insufficient environmental regulations, and few transparency policies, Sint Maarten has suffered from unchecked, unsustainable development. Sint Maarteners have the right to object to such construction (building and civil works) permits that negatively impact natural ecosystems and human communities.

How to contest a development

By law, citizens have six (6) weeks after date of issuance of a permit decision to submit a legal objection. You don’t need a lawyer to do this — just some time, persistence, and writing skills.

  1. Check the National Gazette (Landscourant) for recently approved permits (Vergunningen VROMI). It is published every 2 weeks on a Friday via the government website.
  2. Identify building permits in areas that could negatively impact your livelihood, business, or wellbeing – socially, economically, or environmentally. This can be direct or indirect.
  3. Make an appointment to view the permit in-person at the government building in Sint Maarten by emailing vromi-permits@sintmaartengov.org. If needed, CC related civil servants, such as the Secretary General and the Head of Permits.
  4. Write a formal, evidence-based objection letter after carefully reviewing the permit plans and assessing its direct or indirect impact on you.
  5. Submit your objection in person to the government administration building. Find instructions for how to write and submit this letter in the section below.

Submitting an objection letter

Objection letters are guided by Article 57 of the National Ordinance on Administrative Proceedings (Landsverordening Administratieve Rechtspraak).

The objector must abide by the following requirements:

  1. The objection must be written by the person who is objecting, or a person appointed by the objector.
  2. If the objector appoints a person or agent to act on their behalf, an authorization (such as a power of attorney letter) must be submitted with the objection.
  3. The objector, or the person or agent legally representing them, must reside in Sint Maarten.

The object letter itself must contain the following contents:

  1. The full name and resident of the person submitting the objection, as well of that of the authorized representative, if there is one.
  2. A clear and detailed explanation of the decision being contested in the objection.
  3. The grounds on which the objection is based – environmental, social, economic, cultural, or otherwise. The objecting person or authorized agent must prove how the decision directly or indirectly impacts them.
  4. Proof of what damages are being claimed, based on the contents of the permit and applicable evidence.*
  5. The signature of the objector or the authorized representative, in blue ink. Ensure you bring a copy with you, and have it stamped at the front desk to prove it was received.

*It is important for the objection letter to be detailed, evidence-based, and clear. Objectors must be specific in their claims. For example, if you were to argue that a certain building permit could lead to the destruction of a locally-protected species in that area, you must provide justification for that based on the contents of the permit and environmental evidence. This might include a description of the blueprint, scientific studies that analyze threats to the species, and advice from a professional in that field with knowledge of the situation.

What’s next?

The Ministry of VROMI is obligated to formally respond to your objection within four (4) months, with the possibility of a thirty (30) day extension. The response must either defend their decision, or agree with your objection, in which case a series of legal processes to reevaluate the decision will begin.

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