Cayman Islands planning regulations can be complex, and knowing when you need planning permission is not always clear. To avoid wasting time and resources on submitting unnecessary planning applications and to prevent unauthorised works that could result in enforcement notices, the following is a summary of the situations in which one does, and does not, require planning permission.

Understanding development: definitions and exceptions

The Development and Planning Act (2021 revision) defines development in Section 13. It states that ‘building, engineering or other operations in, on, over or under any land, the making of any material change in the use of any building or land, or the subdivision of land’ is considered development. That’s quite a wide net and pretty much captures every type of development/use. But the Act then expressly specifies certain works which do not require planning permission:

• Internal works which do not materially affect the appearance of a building: ‘Materially’ is not defined in the Act or the subsequent Planning Regulations but it is linked to the significance of change and follows a judgement-based approach. For example, inserting or changing windows/doors would not require planning permission. However, changing an entire external wall from blockwork to glass potentially would.

• Works which do not result in the change of use of a building: Changing a building from a house to a restaurant would, naturally, require permission. However, Regulation 13(1)(a) of the Development and Planning Regulations (2024 revision) sets out several commercial uses which are interchangeable. For example, if you owned/occupied a commercial space such as a shop, it could be changed to a bank, pharmacy, or dentist without the need for planning permission.

• Installation of an LPG tank: Providing the total amount on site, existing and proposed, does not exceed 1,000 gallons, then planning permission is not required.

• The use of land for the purpose of agriculture, except that related to livestock. Realistically, this means horticulture (growing crops, vegetables, fruits) is permissible, but keeping cows, pigs, turtles, chickens, etc, would require planning permission.

• Boundary treatment: Installation of gates, fences, walls, or other means of enclosure, provided it is not within a sea or road setback, must not exceed four feet in height, and shall not consist of sheet metal.

Examples and considerations

Whilst the old days of being able to add an extra 10% floor area to a building without needing planning permission are long gone, there are still opportunities for property improvement without planning permission:

• An existing porch can be screened, but solid block wall construction would require planning permission.

• The installation of a patio no more than six inches above the existing ground level is permissible, but anything more would require planning permission.

• Conversion of a garage to an extra family area or a bedroom is permissible, but the creation of a separate unit would  require planning permission.

Important reminder

Be mindful: If you have received planning permission and are considering making changes, please check before doing so.

Approval is granted on the provision that development is constructed as per the approved plans. Any deviation from approved plans, i.e. alteration to internal layouts, should only take place after a certificate of occupancy has been issued.

Seeking further assistance

Navigating planning regulations can be complex, with both prescriptive rules and nuanced considerations. By understanding when planning permission is required, property owners and developers can avoid the unnecessary expense of applications for the proposed development and legal issues for unauthorised works, ensuring compliance with the Cayman Islands planning laws. It’s important to keep in mind that even if you don’t need planning permission, you might still require a building permit. This is because the building code is a separate process that involves different considerations. To know more about these matters, you should contact the Department of Planning.

While this article offers general guidance, it may only address some scenarios. If you have specific questions or doubts whether your project requires planning permission, seek expert advice.