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Housing policy of the government of montserratMinistry of Housing

MAKE YOUR HOUSE A HOME

“An enduring tradition of purpose-built houses with resilience, flexibility and vibrancy … re-enforced by home-made ingredients for enhanced beauty and the pleasure of ownership or time-share.”

Claude E. S. Hogan Esq.Honourable Minister

GOVERNMENT OF MONTSERRAT

HOUSING POLICY

31 August 2015

GOVERNMENT OF MONTSERRAT HOUSING POLICY 2015 1 | 41

CONTENTS

1. Executive Summary ……………………………………………………………………………………………. 5

2. Introduction ……………………………………..................................................................... 6

3. Background3.1. The Housing Challenge in Montserrat............................................................... 8

4. Housing Policy Objectives......................................................................................... 9

5. Housing Policy Principles …....................................................................................... 105.1. Role of Government and the Public Sector …………………………………………………… 105.2. Management of Housing as an Economic Driver …………………………………………… 105.3. Approaches to Accelerate Housing Production …………………………………………..… 11

6. Montserrat National Housing Policy.......................................................................... 126.1. The Housing Unit ................................................................................................ 126.2. Montserrat Land Development Authority .......................................................... 126.3. Housing Revolving Fund....................................................................................... 126.4. Housing and Land Allocation Committee ............................................................ 126.5. Home financing through Partnerships ................................................................ 126.6. National Housing Fund ……………. ......................................................................... 136.7. Decent Home Standards....................................................................................... 13

7. Social Housing, Homelessness & Shelters …………………………………………………………….… 137.1. Homelessness Strategy ……………........................................................................... 137.2. Homeless person ……………………….......................................................................... 137.3. Temporary Housing for a Shelteree....................................................................... 147.4. Power to Register Charge …………………………………………………………………………………. 147.5. Proprietors for Housing not eligible for housing assistance ………………………….…… 147.6. Recovery of Rent, Power of Entry ……………………………………………………………………… 147.7. Establishment of Rent Setting Committee ……………………………………………………….... 157.8. Management of antisocial behavior …………………………………………………………………...15

8. PRIVATE RENTAL HOUSING ………………………………………………………………………………………..159. APPEALS ……………………………………………………………………………………………………………………. 1510. Amendment of Schedules …………………………………………………………………………………………. 1511. REGULATIONS …………………………………………………………………………………………………………… 1512. SUMMARY & CONTACT DETAILS …..……………………………………………………………………………16


List of Figures

Schedule 1: Tenure and Procedure of the Tribunal ………………........................................ 18

Schedule 2: Decent Home Standards ………………………………………………………………………… 19

Schedule 3: Shelteree Tracking Record ……………………………………………………….………………. 20

Schedule 4: Terms of Reference for the Housing and Land Allocation Committee ………. 21

Schedule 5: Criteria for Assessment for Housing Assistance (Means Test) …………………… 24

Schedule 6: Procedure for Access to Concessions and Home Incentive Schemes ………… 27

Schedule 7-10: Statutory Rules and Orders that support Private Home Development ….29

Table A: Summary of Housing Programmes in Montserrat by Type (as at 2015) ............. 39

Acronyms and Abbreviations

AECOM AECOM International Development

BoM Bank of Montserrat

DfID Department for International Development

DITES Department for Information Technology, and E-government Services

DoH Department of Housing

EID Electrical Inspectorate Division

GISU Geographical Information Systems Unit

HRF Housing Revolving Fund

HU Housing Unit

L&SD Lands and Survey Department

LTV Loan-To-Value

MCWLE Ministry of Communications, Works, Labour & Energy

MEHYASS Ministry of Education, Health, Youth Affairs, Sports and Social Services

MoF Ministry of Finance NHDF

MATLHE Ministry of Agriculture, Trade, Land, Housing and the Environment


MCWEL Ministry of Communications, Works, Energy and Labour

MoH Ministry of Housing

MHMS Montserrat Housing Market Study

MLDA Montserrat Land Development Authority

MSSF Montserrat Social Security Fund

MUL Montserrat Utilities Limited

NHDF National Housing Development Fund

OP Office of the Premier

PPU Physical Planning Unit

RBC Royal Bank of Canada

SPCCU St Patrick’s Cooperative Credit Union

UN United Nations

UNDP United Nations Development Programme

UN-HABITAT United Nations Human Settlements Programme


EXECUTIVE SUMMARY

Shelter is a basic human need next only to food and clothing. The current housing shortage in Montserrat is estimated to be 6-hundred+ according to the national housing registry. At least 8,000 Montserratians in the diaspora are among those who force-migrated to Europe and across the Caribbean. Since their out-migration from the 1950’s in search of work and opportunity abroad, a further 100,000 Montserratians are estimated to be resident across the UK, Europe and North America, a considerable number of which are “yearning” to live again on their paradise island. The key intention of this policy however, is to provide the framework for offering affordable housing to those who live on the island as a first priority, while providing the opportunity for housing growth in the low and middle income ranges inclusive of Montserratians in the Diaspora. The covenant areas of Montserrat are expected to continue to attract expatriate interest in the ownership and time share of properties in these areas.

It is the case however, that new-town designated and peri-urban/town areas in our country are characterized by lack of adequate infrastructure including severe shortage of basic services like potable water, well laid out drainage system, sewerage network, sanitation facilities, electricity, roads and appropriate solid waste disposal. It is these shortages that constitute the rationale for a policy focus on housing and basic services in town, peri-urban and rural areas.

This policy intends to promote sustainable development of habitat in the country with a view to ensuring equitable supply of land, shelter and services at affordable prices to all sections of society. Given the magnitude of the housing shortage and budgetary constraints of the Government of Montserrat, it is clear that Public Sector efforts will not suffice in fulfilling the housing demand. In view of this scenario, this Housing Policy, 2015 focuses the spotlight on multiple stake-holders namely, the Private Sector (inclusive of banking), private land owners and the cooperative Sector for housing that matches the labour market needs; and the services or institutional Sector for employee housing.

We anticipate that social and vulnerable housing shall be supported in the main by the Department for International Development (DfID) on behalf of Her Majesty’s UK Government and the European Union (EU) through its programme of support for habitat improvement in the Caribbean. We anticipate some philanthropic support for housing as well and have put arrangements in place in our Housing Act to take account of this potential.

In this manner, this Policy will promote various types of public-private partnerships to realize the goal of Affordable Housing in Montserrat.


INTRODUCTION

A purpose-built, resilient, flexible and v ibrant with home-made ingredients optimized for the production of quality housing is the system so far responsible for the continued growth of the housing sector and the Montserrat economy.

Montserrat’s housing stock has been purposed-built because of the recognition and experience by the island of a number of destructive natural disasters over the course of history.1

Housing is a major part of the capital stock of the country, and must be built up in line with infrastructure, industry, and community facilities such as schools and hospitals. Housing production is a highly productive economic activity, capable of generating direct employment, income multipliers and employment linkages at least equivalent to those of other conventional “productive” sectors such as mining, industry, agriculture, and services. Housing is also a social good, responding to basic needs of the citizens and residents of Montserrat. The welfare of Montserratians;2 individuals, families, and communities depend on the steady growth and improvement of the housing stock.

This Housing Policy sets the broad parameters for the development and management of the housing sector in Montserrat. It reflects the need to accelerate housing production to meet demand and enable economic growth. The Policy considers the fundamental role that housing must play in sustaining a productive and mobile population3 by setting out purposeful management arrangements that promotes a standard and quality of housing that is enriching and inviting. It considers as well the importance of the housing sector4 in responding to the needs of all Montserratians, consistent with the changing demographics5 of the country. It also considers the importance of public investment both for the growth of the housing sector as a whole and for the provision of housing to vulnerable and low-income groups. Housing is offered on a non-discriminatory basis and all nationalities and residents in Montserrat are captured in this policy context of the Government of Montserrat.

While taking into account the enduring Montserrat tradition of sustainable housing design and the t e r r i t o r y ’ s considerable experience in t h e production of qual i ty modern

1 Pre-Hugo – 1632, 1938; Hugo – 1989; Soufriere Hills Volcanic Eruption – 1995;2 Montserratians – as defined in the Constitution Order 201 plus legal residents and belongers of the British Overseas Territory of Montserrat (defined to denote non-discrimination for housing assistance on the basis of nationality).3 Inclusive of Diaspora and envisages Montserratians working in the region and further abroad by maintaining a homeland property.4 Defined as included private and rental property such as guest houses or shared accommodation.5 Recognizes an increasing regional mix of people plus a growing expatriate community asserting an interest in national development.


housing, this policy is forward-looking and embraces new and alternative housing new-starts and practices. The recent volcanic eruption destroyed 90% of Montserrat housing stock and caused widespread damage to the national economy, bringing many sectors to a standstill. The Montserrat Land Development Authority (MLDA) as a housing institution critical to management of the sector in the past few decades was almost annihilated. The housing deficit, already large by 1995 is greater still today, both as a result of reluctance and a lack of confidence in the island’s future. This housing policy is designed to address the specific challenges of the post-volcano eruption6 environment in Montserrat and will be reviewed and revised in the medium term to adjust to the changing social and economic conditions in the island, which has been showing strong recovery in many other areas including the housing sector notwithstanding the absence of a strong policy focal point. For now, it is recognized that there is both an opportunity to accrue the housing benefits offered by housing production and a pressing need to introduce new housing delivery mechanisms that can respond better and faster to the housing needs of the Montserrat people at home, in the diaspora and our expatr iate community .

As the national economy7 recovers, housing demand will increase, and more and more investment in housing will need to be undertaken as set out in this policy. This investment will, in turn, spur further economic growth. This policy seeks to build on this period of positive outlook for Montserrat and the synergistic relationships for the development of further housing from the Government of Montserrat’s growth clusters8 that have attracted serious buy-in by the UK Department for International Development (DfID). All parties are concerned with the simultaneous stimulation of improvements in the housing sector and the Montserrat economy9 attaining sustainability and less reliance on UK Aid.10 Montserrat is really a 21st century territory in the making, but everyone is being careful that it remains “The Way the Caribbean Use to Be” and that it retains its unique identity as a small island state unfazed by the prevailing instinct for rapid results to be delivered by global multi-nationals.

This policy addresses all housing in Montserrat, including housing in covenant areas of Old Town, Olveston, Woodlands etc; proposed town/urban areas of Little Bay and Carr’s Bay; peri-

6 The volcano remains active and under 24-hour monitoring by the Montserrat Volcano Observatory, but North-Montserrat is considered safe.7 Insert economic growth figures here 1995 – 2014?8 These are Geo-thermal, solar and other alternative energy, Fibre-optic, Port development, New Ferry, Tourism Development Plan.9 DfID’s White paper 2005 proposes a “spend to save” formula.10 The UK DfID support to the Montserrat annual budget is approximately 60% of the 2014 fiscal package of EC$165M plus a trickle financed but robust development programme to include a proposed new port, hospital, reconnection to the international super-highway via the Caribbean undersea fibre network, geothermal energy provision, improvements to the island’s road networks, public accommodation etc.


urban areas such as the Brades High Road and Davy Hill Heights; and rural areas of the island such as along the North Road and areas of Salem, outside the centre of activity in that southern part of the island. While most aspects of the policy relate to housing in all of these areas, some proposals are specifically targeted at removing obstacles to efficient housing production and management in either town/urban, peri-urban or rural settings.

BACKGROUND

The Housing Challenge in Montserrat Analysis of the housing sector of Montserrat reveals a broad set of challenges in the years ahead. Many of these challenges “interlock” with others; that is, they form a constellation of inter-related factors that are best addressed in a comprehensive manner. The main challenges are listed below in descending order of importance:

1) Substantial unmet housing demand as the supply side, constrained by policy bottlenecks, has been unresponsive to the production of new housing in sufficient quantities to meet the needs of the population and partly contribute to a high degree of stagnation in growth. Current registry estimates suggest that about 600 assisted dwellings are immediately required. This could translate to 20 dwellings per year for the next 30 years, which is really a huge deal for an island the size of Montserrat for social housing only .

2) Acute shortage of buildable land in all areas of north-Montserrat. The land ownership/management system in north Montserrat does not al low for the systematic conversion of land to residential use or make land parcels available to various potential builders and developers.

3) There is a near absence of affordable formal housing finance. There is some capital readily accessible today for home improvement loans or long-term mortgage financing, but high above market rates.

4) Incomplete legal and regulatory system for private sector investment in housing or the market size requires a public facilitator. Efficient and low-cost mortgage lending can only thrive where the value of the underlying asset can be converted to money.

5) Infrastructure backlogs in many residential areas and declining infrastructure service levels owing to inadequate maintenance. Investment is outstanding in the provision of power, water, sewage and roads. This is particular acute in the designated town (Little Bay) and near town areas.


6) Deteriorated housing conditions owing to under-investment in housing maintenance. The capital stock of housing is continuing to decline as a result.

7) Many households cannot afford decent housing. There are no scaled-up program to make these individuals and their families’ potential consumers of housing in a market system.

8) Under-capitalized construction sector dominated by low-producing public companies (MLDA). There are few investor/developers to serve lower- and middle-income groups and sparsely populated areas.

9) Lack of established procedures for improving or redeveloping unplanned settlements.

HOUSING POLICY OBJECTIVES

By virtue of the modest size, but critically important and indispensable need for human habitation to be fostered in Montserrat, the Government of Montserrat must of necessity accept and perform the key roles of facilitator, regulator and producer of housing in Montserrat. The Government will need to provide as part of the national housing policy framework, to support adequate, sufficient and quality standard of housing through a legal and regulatory framework, institutional capacity, technical and outreach action to include public-private partnerships as part of the financing bundle of arrangements going forward.

This Housing Policy aims to achieve the following objectives:

i. To facilitate access to decent housing for Montserratians and others at home and in the Diaspora with a link to the population growth needs of the island;

ii. To produce and facilitate the creation of decent housing, where “Decent housing” is understood to afford an adequate amount of space, adequate protection from the elements, access to basic infrastructure, social services, and employment areas;

iii. To increase efficiency in the production of housing by coordinating external technical and other support (see intervention by UK Royal Engineers for Project Soufriere);

iv. To increase choice among Montserratians and others as to the type of housing, location, and tenure characteristics for low and middle income persons;

v. To increase the ability of the Government to address the needs of special groups and those unable to afford suitable housing through a social housing support programme inclusive of sheltered accommodation;


vi. To improve the quality, including energy efficiency and environmental impacts, of new housing;

vii. To produce climate resilient houses by ensuring compliance to a national building code;

viii. To improve and assist the ability of homeowners to improve and expand existing shelter and to evacuate all shelters;

ix. To enhance public-private partnerships in access to and financing of a range of housing developments.

HOUSING POLICY PRINCIPLES

The key principles guiding the formulation of this housing policy are:

1. A clear and concise role for the public sector/Government in the housing sector. Among the key elements of the role of the GoM are:

Overall facilitation and guidance for the provision of housing by all stakeholders, in the context of delivering urban growth and advancing the public welfare;

Analyzing the demand for housing based on current conditions, anticipated growth in population, and changing demographics;

Monitoring the overall production of housing of various levels of quality, service, and cost, and making adjustments as required to promote housing production that can increasingly meet housing demand;

Coordinating with other relevant bodies in the provision of infrastructure for residential areas;

Provision of the institutional, legal, administrative, and technical framework to allow for the growth of the housing stock in line with demand;

Paying special attention to the needs of vulnerable groups and particular groups with unique needs through various social housing support options.

2. A sufficient pace of housing production will require contributions from a variety of actors. The private sector should become the largest overall provider of housing. Specific strategies and incentives are necessary to support large, medium, and small private sector builders and developers. Strategies are also required to enable


households to develop affordable housing units more efficiently and in accordance with the island’s building code.

3. Public sector housing developers will focus on underserved population segments and/or remote geographic areas.

4. Mechanism for financing or a housing finance system needs will be established in law. This should enable key financing institutions to p r o v i d e short/medium/long term financing for the development, renovation, extension, and purchase of housing as central to the success of the housing policy.

5. Respecting that housing is a long-term investment and can serve to spark economic activity, it is fundamental that resources flow to the sector is in an efficient manner for all income groups and in all parts of the island. A key feature of a well-performing housing finance system is sustainability: funds must be recovered efficiently from borrowers at all levels and then re-used to finance additional housing activities (Housing Revolving Fund to be properly managed).

6. New approaches to accelerate housing production. In addition to the systemic issues addressed in the Policy, special approaches to housing implementation are necessary. T h e s e c o u l d include public-private partnerships, competitive sourcing for new housing development (“Request For Proposal [RFP] Process”), and partnering with land owners/developers.

7. Housing and development standards must be continually reviewed to ensure affordability of housing while not compromising key health and safety concerns, nor compromising environmental conditions. Continual innovation in design, materials, energy efficiency, and environmental impacts including climate change are to be respected.


MONTSERRAT NATIONAL HOUSING POLICY

On the basis of the foregoing principles and with a view to achieving the objectives defined above, the Government of Montserrat hereby sets out this Housing Policy, of which the main proposals are presented below under a number of different housing topics: Land Management; Housing Development; Housing Finance; Infra-structure for Housing; Housing Management and Maintenance; Housing Construction Materials; and Institutional Arrangements for Housing. The following sections deal with different aspects of implementing the housing policy, strategy, institutional strengthening and regulatory development.

INSTITUTIONS, COMMITTEES, AGENTS AND AGENCIES OF HOUSING

1. The Housing Unit

The Housing Unit established within the Ministry of Agriculture, Trade, Lands, Housing and the Environment of the Government of Montserrat. The Functions and Powers of the Ministry are enacted in the Housing Act 2016. Despite this Act, the Unit may formulate policies and develop strategies, plans, guidelines and procedures as it thinks necessary for the effective discharge of its functions and exercise of its powers. The Unit shall not adopt a policy or strategy prepared or revised under this section unless Cabinet approves the policy or strategy.

2. Montserrat Land Development Authority

The Montserrat Land Development Authority (MLDA) is responsible for implementation of social housing in accordance with the Montserrat Land Development Act. The MLDA may also develop and invest in private home development for the Montserrat market.

3. Housing Revolving Fund

The Housing Revolving Fund is established under the Housing Act 2016; and is under the administration and control of the Montserrat Land Development Authority, subject to the approval of Cabinet.

4. Housing and Land Allocation Committee

The Housing and Land Allocation Committee (HLAC) under the Housing Act 2016 (see Part 1 of Schedule 1). Amendments to the regulations for the HLAC may be made by Cabinet. The Permanent Secretary in the Ministry with responsibility for Housing or his designate is the Chairperson of the Committee. The Director of Housing is the Secretary of the Committee. The functions of the HLAC are set out in the Housing Act as well as the establishment of an Urgency Committee, which can deal with urgent matters requiring housing allocation.

5. Partnership Agreements

The Montserrat Land Development Authority is empowered to enter into partnership agreements with a proprietor(s) for a variety of reasons including the allocation, regeneration of property and the servicing of lands. These powers are set out in the Housing Act 2016.


Award of social housing under partnership agreement. A social landlord and the Montserrat Land Development Authority may also agree to the delegation of duties to the Montserrat Land Development Authority, which allows the MLDA to maintain services to the private sector.

6. National Housing Fund

A National Housing Fund is established, administered and regulated as a Special Fund within the Montserrat Land Development Authority. The enables individual or private sector entities to invest through the National Housing Fund in housing development on Montserrat. The NHF is open to philanthropic organizations, individuals, groups or donor agencies who may influence or agree criteria separate and different from those of the Government of Montserrat and may target groups or individuals to assist with housing development and home ownership subject only to agreement with the MLDA and approved by the Cabinet of the Government of Montserrat. Investments in the NHF includes grants.

7. Decent home standards

Satisfaction of the decent home standard is part of the comprehensive measures of the Housing Act 2016. It covers both, social housing or private rental housing in the decent home standards set out in Schedule 2 of the Act. The approach allows for the Government of Montserrat to promote, support and incentivize graduation to the highest standard of decent housing going forward over the next several years. There is a Registry established for decent homes.

8. National Housing Policy and National Housing Strategy

Cabinet shall approve a National Housing Policy and a National Housing Strategy to guide the sustainable development of the housing sector in Montserrat. The preparation and revision of both as set out in the Housing Act 2016 includes consultations with public and private sector entities to ensure that all interests are represented as far as practicable in the National Housing Policy and the National Housing Strategy.

SOCIAL HOUSING, HOMELESSNESS & SHELTERS

Homelessness Strategy

i. There shall be a homelessness strategy prepared in similar fashion to the Housing Policy and Strategy to guide national interventions aimed at minimizing and better managing homelessness in Montserrat and the Homelessness Strategy shall be approved by Cabinet before being implemented.

Homeless person

ii. The Housing Act 2016 clearly identifies, defines and classifies the issue of a person being unintentionally homeless. This part is well developed and now enshrined in law to clearly guide and differentiate between the unintentionally homeless and a person who is intentionally


homeless. The highest degree of obligation and corresponding duties are accorded to a person unintentionally homeless. Intentionally homeless persons are only awarded advice to solve their housing needs. Persons who are not in priority need and are not homeless intentionally are put on the waiting list for housing. The powers for the Housing Unit includes to: inquire into, identify and recommend the duty owed to solve homelessness of any person(s). There are other priority needs of Social Housing as defined in the Housing Act 2016. These include: Vulnerable household; Household in priority need; Duty to persons in case of a public emergency and Temporary Housing for a Shelteree.

Temporary Housing for a Shelteree

iii. Temporary Housing for a Shelteree is triggered when a shelter established under the Disaster Preparedness and Response Act ceases to be a shelter by operation of time (1 month) and the responsibility transfers to the Ministry of Housing. Temporary housing is also awarded in cases of apparent priority need.

Power to register charge

iv. In order for the Government to protect its interest in the provision of housing assistance the Government may require the person to charge his property in favour of the Government under the Registered Land Act.

Person in ownership of housing not eligible for housing assistance

v. A person is not eligible for housing assistance if he is the proprietor of a house in Montserrat or has any other interest in a house that could by his or his decision be made available for his occupation. That person is free to enter into a partnership agreement with the Montserrat Land Development Authority to create a solution.

Housing assistance, rental assistance and who qualifies

vi. The qualification for Housing assistance, rental assistance and who qualifies shall be set out in the Housing Act 2016. The main features of social housing include those discharge as: welfare, direct assistance, advice and the operation of a register and a waiting list. Some of the legal instruments used in the control and management of the award of social housing are as follows: Leases may provide for a secured, short hold tenancy or periodic tenancy, shared ownership lease; Lease with an option to purchase other than a shared ownership lease; a tenancy for life or any other tenancy as may be determined by the Housing and Land Allocation Committee. Provisions are also made in the Housing Act 2016 for the determination of a lease or revocation of a licence or other agreement, forfeiture of a lease, surrender of a lease, holding over of a lease, succession on death of a lessee, mutual exchange.

Recovery of rent, power of entry

vii. The Housing Act 2016 also sets out provisions for the recovery of rent, power of entry into social housing stock by a landlord or his delegate. Certain types of entry are not permitted except in the case of an emergency.


Establishment of Rent Setting Committee

viii. The establishment of a Rent Setting Committee predominantly influence by the market and market actors is a fundamental principle of Social Housing in Montserrat. In the determination of rent, the Rent Setting Committee shall take account of:

(a) the costs associated with property management, maintenance, insurance and any other costs that it considers relevant;

(b) the rent of comparable housing in the private rental housing market;

(c) research conducted on the rate of rent; and

(d) any other matter that it considers relevant.

Management of antisocial behaviour

ix. The Housing Act 2016 shall enact the interpretation of anti-social behaviour; prohibitions on engaging in anti-social behaviour; create penalties for engaging in anti-social behaviour to include forfeiture of tenancy; revocation of licence or agreement governing a person’s occupation of social housing. The Act will present policy, strategy and procedures for handling anti-social behaviour.

14 PRIVATE RENTAL HOUSING

A major element of the Government’s comprehensive housing policy and legislation is the coverage of private rental housing. The law shall provide for elements ranging from the creation of a Registry for private landlords; provision of an application for registration; duty on the registered person to provide information; removal from the register; inspections of private rented housing; compliance with decent home standards; and the imposition of decent home standards on a graduating basis.

15 APPEALS

There are provisions for appeal under all sections of the Housing Act 2016 via a tribunal and ultimately to the Eastern Caribbean Supreme Court or finally to the Privy Council as the case might be.

16 Amendment of Schedules

The Governor acting on the advice of Cabinet may, by Order, amend the Schedules.

17 Regulations

(1) The Governor acting on the advice of Cabinet may make regulations generally for the purpose of giving effect to the provisions of this Act.

(2) Without limiting the generality of subsection (1), the Governor acting on the advice of Cabinet may make regulations in respect of the—


(a) form of application and payment of fees with regards to an application for housing assistance;

(b) procedures to be followed, assessments to be conducted and allocation schemes to be employed in making a determination on an application for housing assistance;

(c) eligibility and qualification criteria to be satisfied in deciding on an application for housing assistance;

(d) terms and conditions on which an award of housing assistance is made;(e) form of application and payment of fees with regards to an application for registration

and renewal of registration as a private landlord;(f) fees for registration as a private landlord; and(g) form of a certificate of registration.

SUMMARY

This document has outlined the Government of Montserrat’s policy on housing as being comprehensive in scope and application and that the said policy shall be implemented as a comprehensive Housing Bill of the year 2016 in Montserrat. The above referred Schedules numbered 1 to 11, which are annexed to this document, include essentially current regulations of the Government of Montserrat’s Housing Policy with their foundation as low-hanging fruits implemented under the Fiscal Incentives regime of Montserrat. There are some especially important elements of the policy for growth and development in the housing sector that will produce secondary legislation on a graduating basis, especially to inform the standards for decent housing that are proposed to be enforced going forward.

For further information or guidance, please contact the Ministry Responsible for Housing or the Housing Unit:

Permanent SecretaryMATLHE Headquarters/Housing UnitP O Box 272Brades High RoadMontserrat MSR 1110Tel: 1(664) 491-2075/2546 for the Ministry Headquarters or 1(6640 491 7862/63 for the Housing Unit; Email: [email protected] or [email protected]

The Minister responsible for Housing and Housing Policy is:

Claude E S Hogan Esq. ([email protected] )Honourable MinisterMinistry of Agriculture, Trade, Land, Housing and the Environment (MATLHE)


mailto:[email protected]



P O Box 272, MSR 1110GOVERNMENT OF MONTSERRAT

We extend our gratitude to Ms Rocquel Allen, a Montserratian professional in the United Kingdom Diaspora, for utilizing her contacts and own expertise in housing to assist the elaboration of this policy document for the Government of Montserrat.


SCHEDULE 1

Part 4 of the Housing Act 2016

Tenure and procedure of the Tribunal

(1) The Governor acting on the advice of Cabinet shall cause to be published in the Gazette, the appointment of a member of the Tribunal and the termination of office of a member of the Tribunal.

(2) Subject to paragraphs (5) and (6), a member of the Tribunal, other than an ex-officio member, holds office for a period not exceeding three years.

(3) A member of the Tribunal, other than an ex-officio member, is eligible for re-appointment for no more than three consecutive terms on the expiration of his appointment.

(4) A member of the Tribunal, other than an ex-officio member, may at any time resign from office by instrument in writing addressed to the Governor and transmitted through the Chairperson and the resignation takes effect from the date of receipt of the instrument by the Governor.

(5) The Governor acting on the advice of Cabinet may, at any time revoke the appointment of a member of the Tribunal other than an ex-officio member if he thinks it is expedient to do so, having regard to the public interest.

(6) The Tribunal shall convene at a time, a place and on a day as is necessary or expedient for the discharge of its functions.

(7) The Chairperson shall preside at all sittings of the Tribunal.

(8) The Chairperson and two other members constitute a quorum at a sitting of the Tribunal.

(9) If a member is unable to take part in the proceedings of the Tribunal in respect of a matter, that member shall be disregarded for the purpose of hearing, deliberating on and deciding on the matter.

(10) If the Chairperson is unable to take part in the proceedings of the Tribunal, the members present shall choose from among themselves, a member to act as the Chairperson for those proceedings

(11) The recording Secretary shall keep a written record of all proceedings of the Tribunal.


SCHEDULE 2

(Section 23 of the Housing Act 2016)

DECENT HOME STANDARDS

A house used for social housing or private rental housing satisfies the decent home standards if it is—

(a) in a reasonable state of repair;

(b) not overcrowded;

(c) compliant with the Montserrat Building Code;

(d) compliant with the building standards under the Physical Planning Act;

(e) compliant with environmental, general health and safety standards and includes the following—

(i) its own clean water supply;

(ii) adequate drainage and sanitary facilities;

(iii) its own facilities for food preparation;

(iv) adequate facilities for waste disposal; and

(v) adequate ventilation and lighting;

(f) weatherproof; and

(g) free of damp.


SCHEDULE 3

(Section 30(4) of the Housing Act)

SHELTEREE TRACKING RECORD

No.

Surname (family name)

First Name

Date of Birth

Next of KinAddress prior to Evacuation

Date Evacuated

Shelter History Permanent Location /Address

Date Permanently Re-housed

Name

Contact Details

Moved From

Moved To

Date


SCHEDULE 4

TERMS OF REFERENCE for the HOUSING AND LAND ALLOCATION COMMITTEE

The Housing and Land Allocation Committee (HLAC) shall be appointed by the Governor-in-Council and consist of three representatives from Non-Governmental Organizations or Community-based Organizations, three representatives from government agencies, along with one representative from the statutory body responsible for the management of government housing assets. The Members of the Committee shall be:

o Permanent Secretary in the Ministry with responsibility for Housing or his designate; o Chief Executive Officer of the Montserrat Land Development Authority or his designate; o Director of Social Services or his designate; and o Director of Policy and Planning Officer in the Office of the Premier or his designate, and

one representative from each of the following three civil society/Non-Government Organizations (NGO’s):

o Montserrat Branch of British Red Cross; o Montserrat Chamber of Commerce & Industry, and; o Montserrat Rotaract Club.

The Chairman of the Committee shall be the Permanent Secretary in the Ministry responsible for Housing. The Director of Housing or his designate shall perform the role of Recording Secretary to the Committee. The quorum for a meeting of the Committee shall be comprised of four members and must include one representatives of non-government agencies/organizations, the Permanent Secretary (Chairman) and the Director of Social Services. No meeting shall be convened without prior notification to all Committee members. The duration of appointment for the representatives of the non-government agencies/organizations shall be for a period of three years. Members whose appointment expires with the effluxion of time may be re-appointed. The Governor-in-Council may at any time terminate the appointment of any representative from the non-governmental organizations in the public interest. All decisions made by the Committee shall be made by a majority vote and shall be recorded in the Minutes of the Committee Meeting. The Committee shall make recommendations to Cabinet in respect of the award of assistance and facilitation under the following programmes/schemes:

o Serviced Residential Lots;


o Home Ownership Motivates Everyone Scheme; o Housing Regeneration; o Affordable Homebuy; o Home Finishings; o Home Improvement for the Vulnerable; o New Direct Build; o Financial Assistance and Material Grant Schemes; o Sheltered Housing for the Mentally Challenged; o Sheltered Housing for the Elderly; o Rented Accommodation; o Mutual Exchange; o Home and Business Incentive Scheme.

The Committee shall be guided by the selection criteria outlined in the conduct of the assessment of each application. The Committee shall adhere to the methodology outlined below during the land and housing allocation consideration process. The Committee shall also be responsible for hearing and reviewing appeals to determine eligibility. Appeals should therefore be addressed to the Chairman of the Housing and Land Allocation Committee. METHODOLOGY The Government shall publicly announce the availability of all public Housing Assistance Programme to ensure that equal opportunity is granted to all qualified persons. All applications for housing assistance shall be made to the Permanent Secretary, Ministry of Agriculture, Lands, Housing and the Environment. The Housing Unit shall ensure that a Register is kept of all the applications. The Director shall report to the HLAC the total number of applications kept on file, as at the date of the meeting. Each applicant will be required to complete and endorse the approved Housing Assistance Application Form. The Housing Unit shall ensure that the application form is completed in full and the necessary supporting documents are attached. Where there are inconsistencies, and if sections of the form are left incomplete, the housing directorate shall either call the applicant to receive the information or invite the applicant to come in and verify information or explain inconsistencies. The Housing Unit shall be responsible for checking the accuracy of the statements made in the Application Form. Applicants will be required to provide supporting documentation to verify income eg letter(s) from the Social Security Office and their Employer. The Social Welfare Office and the Community Services Department may be contacted to verify the applicant’s social status and confirm whether the applicant is a recipient of Social Welfare. Where the applicant is requesting assistance under the home improvement grant programme, he/she shall provide a detailed description of the proposed scope of works along with the projected cost estimate. The Housing Unit shall undertake action, as deemed necessary, to verify the proposed cost and scope of work, so as to provide to the Committee an independent assessment of the proposed works. THE ASSESSMENT


Using the points systems agreed in the Selection Criteria for each land and housing assistance programme, each member of the HLAC will assign weights to each application and the average weight will be used to determine priority. The applicant with the highest score is deemed to be in most urgent need. The Committee will then vote to approve the allocation of awards based on the generated priority list. The Secretary of the HLAC shall record the decisions of the Committee and the reason for decisions in writing. Each member present at that meeting of the HLAC shall be required to signify the decision by endorsing the agreed order of priority.

The final listing of awards will be recommended by HLAC, on the basis of:

i. the availability of funds, and; ii. the number of awards possible under the approved housing project.

In the case of the home improvement grant, awards will be made based on the urgency of the need and the availability of funds. The recommendations of the Committee will then be forwarded to Cabinet for ratification and approval. THE AWARD On the advice of Cabinet, the Permanent Secretary through Secretariat in the Housing Unit shall inform recipients of awards, in writing. REFUSAL The Permanent Secretary through Secretariat in the Housing Unit shall inform the applicant of the decision to defer his request for assistance and shall also inform the applicant of his/her privilege to be re-considered by the HLAC. APPEAL The provisions for appeal are made under the Housing Bill, which is proposed to come into force in 2016. The interim arrangements for hearing and dealing with appeals are published as a Cabinet decision made in 2015.CONFIDENTIALITY AND IMMUNITY Members of the HLAC and the staff of the Housing Unit shall not disclose to any person who is not himself/herself a member of these groups any information of which they became aware of in the course of carrying out their duties. The members of HLAC shall not be, so long as they have acted with bona fides, personally liable for any decision made by them in their capacity as members of the Committee.

August 2015


SCHEDULE 5

CRITERIA FOR HOUSING SCHEMES OF THEGOVERNMENT OF MONTSERRAT/MINSTRY OF HOUSING

Financial Assistance Grant CRITERIA Points Allocated

Date of First Application/ Years on Waiting List 2 (per year)

2 or more persons in household 2 (per other family member)

Single Parent with children under 18 15

No. of dependents over 60 years 5

Essential Services Worker 5

Living in temporary Government shelter or housing occupied on insecure terms:

5

Paying rent and loan at the same time 5

Unsanitary/Unsatisfactory housing/Overcrowded (Y/N) Housing in poor conditions

10

Relocated as a result of volcano 15

Property Owner in the Unsafe Zone and/ or Potential Evacuation Zone

10 (for House & Land)

5 (Land only)

Never received Housing Assistance form Government

TOTAL

25

Materials Grant CRITERIA Points Allocated

Date of First Application/Years on Waiting List 2 (per year)

2 or more persons in household: 2 (per other family member)





Living in temporary Government shelter of housing occupied on insecure terms

5

Paying rent and loan at the same time 5

Unsanitary/Unsatisfactory housing/Overcrowded (Y/N) Housing in poor conditions

10

Relocated as a result of volcano 15

Property Owner in the Unsafe Zone and/ or Potential Evacuation Zone


5 (Land only)

Never received Housing Assistance form Government

25

TOTAL

Home Finishing Grant CRITERIA Points Allocated

Date of First application/ Years on Waiting List 2 (per year)

Household with 2 or more persons 2 (per other family member)




Living in temporary Government shelter or housing occupied on insecure terms

5

Paying Rent and loan at the same time 5

Unsanitary/Unsatisfactory housing /Overcrowded/ Housing in poor conditions

10

Relocated as a result of Volcano 15

Exhausted all his/her financial resources in building the home

5


Property Owner in the Unsafe Zone and/or Potential Evacuation Zone


5 (Land only)

Never received Housing Assistance from Government 25

TOTAL

Home Improvement Grant CRITERIA Points Allocated

Date of First application/ years on waiting list 2 (per year)

Single Parent with ≥ 2 children under 10 : 15

Members 60 years & older (Y/N) Members with special needs/ disability

15 (Per Person)

Expectant mother 10

Social welfare Recipient/ referral 20

Temporary GoM Housing or housing occupied with insecure terms

20

Insanitary/unsatisfactory housing/not suited to disability/earmarked for demolition/Needs Upgrade

5

Overcrowding 12

Relocated as a result of the volcano 15

Access to indoor Kitchen/Shower/Toilet Facilities

15 Max

External Washing/Bathroom/Toilet Facilities 10 Max

Shared Cooking/Washing/Toilet Facilities 5 (Ratio 1:4)

In fulltime employment 10 (if Income less than EC $2,500)

Never received Housing Assistance from Government

25

TOTAL


SCHEDULE 6

APPLICATION PROCEDURE FOR ACCESS TO THE HOME AND BUSINESS INCENTIVE SCHEME

&CONCESSIONS IN RELATION TO SRO 32/2015; 80/2014 AND 43/2011?

(FOR SRO 41/2014 SEE THE MCRS)Procedures:

The applicant applies in writing:

(i) Housing Unit checks that the person qualifies according to the criteria set out in SRO 32 or the relevant SRO (if in doubt, see the Trade Unit or the Minister for interpretation and intention of the Cabinet decision);

(ii) An approved plan for the House must be received from the applicant plus a costed Bill of Quantities;

(iii) A Bill of Quantities list up to $40K or more (see relevant SRO) is presented by the applicant (the applicant is to be advised that he can choose by tick or highlight up to a maximum value of $40k-$100K);

(iv) Housing Unit request via the Director of PWD, confirmation that the items in the Bill of quantities relate to the approved building plan also sent to the Director PWD;

(v) The Director of PWD or his delegate returns the endorsed costed Bill of Quantities as approved for $40k to $100K (the approved items highlighted or ticked by the applicant);

(vi) The Approved list is certified as correct and transmitted from the Ministry of Housing/Housing Unit to the Ministry of Finance for onward transmission to the MCRS;

(vii) A memo is only required from the PWD Director if he or his delegate declines any of the highlighted items in the Bill of Quantities by placing an X against the Bill item and his initials [the memo is to enable the Director of PWD to give reasons for the decline of any item(s)];

(viii) The applicant may re-submit alternate items to recover the declines from PWD so that he brings his or her total up to the approved CAP of $40k - $100k;

(ix) The highlighted Bill of Quantities list(s) endorsed and approved by the PWD Director or his delegate are confirmed by HU stamp and initial/signature and sent by Housing Unit to the


Financial Secretary, Ministry of Finance via email of scanned copy of only the Bill of Quantities with the highlighted/ticked/approved items with formal hard copies to follow;

(x) Housing Unit maintains proper files and provides Reports as necessary on the performance of each sub-portfolio of Housing Assistance and facilitation in Montserrat. Duplicate awards or any awards beyond the CAP of $40k-$100K are subject to Cabinet approval.

…………………………………………………………………………………………………………………………………


SCHEDULE 7

MONTSERRATSTATUTORY RULES AND ORDERS

S.R.O. 32 OF 2015CUSTOMS DUTIES AND CONSUMPTION TAX (DEVELOPMENT OF PRIVATE HOMES) (EXEMPTION)

ORDERARRANGEMENT OF ORDER

1. CITATION ...................................................................................................... 22. INTERPRETATION ....................................................................................... 23. EXEMPTION.................................................................................................. 24. CONDITIONS ................................................................................................. 35. EXPIRATION.................................................................................................. 3

MONTSERRATCUSTOMS DUTIES AND CONSUMPTION TAX (DEVELOPMENT OF HOMES)

(EXEMPTION) ORDERS. R.O. 32 OF 2015

CUSTOMS DUTIES AND CONSUMPTION TAX (DEVELOPMENT OF PRIVATE HOMES) (EXEMPTION) ORDER

THE CUSTOMS DUTIES AND CONSUMPTION TAX (DEVELOPMENT OF PRIVATE HOMES) (EXEMPTION) ORDER 2015 MADE BY THE GOVERNOR ACTING ON THE ADVICE OF CABINET UNDER SECTION 19(2) OF THE CUSTOMS DUTIES AND CONSUMPTION TAX ACT (CAP. 17.05).

1. CITATIONTHIS ORDER MAY BE CITED AS THE CUSTOMS DUTIES AND CONSUMPTION TAX (DEVELOPMENT OF PRIVATE HOMES) (EXEMPTION) ORDER 2015.2. INTERPRETATIONIN THIS ORDER, “T-111 HOUSE” MEANS A PLYWOOD HOUSE PROVIDED TO A PERSON BY THE GOVERNMENT OF MONTSERRAT FROM THE PERIOD 1 OCTOBER 1997, AS AN EMERGENCY HOUSING SOLUTION IN RESPONSE TO THE ERUPTION OF THE SOUFRIÈRE HILLS VOLCANO.3. EXEMPTION(1) SUBJECT TO SUBPARAGRAPH (2), A MONTSERRATIAN WHO RESIDES IN MONTSERRAT MAY IMPORT CONSTRUCTION MATERIALS, HOUSEHOLD ITEMS OR FURNISHINGS FREE OF CUSTOMS DUTIES AND CONSUMPTION TAX, FOR THE PURPOSE OF CONSTRUCTING AND FURNISHING HIS FIRST HOME.(2) THE CUSTOMS DUTIES AND CONSUMPTION TAX EXEMPTED UNDER SUBPARAGRAPH (1) SHALL NOT EXCEED $40,000.(3) A MONTSERRATIAN SHALL NOT BE GRANTED AN EXEMPTION UNDER SUBPARAGRAPH (1) IF HE—(A) HAS RECEIVED A HOUSING GRANT FROM THE GOVERNMENT OF MONTSERRAT; OR(B) IS ENTITLED TO OR RECEIVED AN EXEMPTION UNDER A CUSTOMS DUTIES AND CONSUMPTION TAX (RETURNING MONTSERRATIANS) (EXEMPTION) ORDER.(4) FOR THE PURPOSES OF THIS PARAGRAPH, A HOUSING GRANT DOES NOT INCLUDE TEMPORARY HOUSING ASSISTANCE IN THE FORM OF A T-111 HOUSE.4. CONDITIONS


(1) A MONTSERRATIAN WHO INTENDS TO APPLY FOR AN EXEMPTION UNDER PARAGRAPH 2 SHALL SUBMIT A WRITTEN APPLICATION FOR THE EXEMPTION TO THE PERMANENT SECRETARY IN THE MINISTRY WITH RESPONSIBILITY FOR HOUSING.(2) THE APPLICATION UNDER SUBPARAGRAPH (1) SHALL BE ACCOMPANIED BY—(A) A COPY OF THE LAND REGISTER OR LAND CERTIFICATE WITH RESPECT TO THE LAND ON WHICH THE HOME IS TO BE CONSTRUCTED;(B) EVIDENCE THAT DEVELOPMENT PERMISSION IN RESPECT OF THE CONSTRUCTION OF THE HOME HAS BEEN GRANTED UNDER THE PHYSICAL PLANNING ACT (CAP.8.03);(C) A COPY OF THE ARCHITECTURAL PLAN SUBMITTED WITH THE APPLICATION FOR THE GRANT OF DEVELOPMENT PERMISSION UNDER SUB-SUBPARAGRAPH (B); AND(D) AN INVOICE OF THE ITEMS TO BE IMPORTED UNDER PARAGRAPH 2.(3) THE APPLICANT SHALL SUBMIT A COPY OF THE APPLICATION AND DOCUMENTS UNDER SUBPARAGRAPH (2) TO THE DIRECTOR OF PUBLIC WORKS.5. EXPIRATIONTHIS ORDER EXPIRES FIVE YEARS AFTER THE COMMENCEMENT DATE.MADE BY THE GOVERNOR ACTING ON THE ADVICE OF CABINET THIS 31ST DAY OF JULY, 2014.

…………………………………………


SCHEDULE 8


S.R.O. 80 OF 2014CUSTOMS DUTIES AND CONSUMPTION TAX (PROPERTY DEVELOPERS) (HOMES BUILT FOR

SALE OR RENTAL) (EXEMPTION) ORDERARRANGEMENT OF ORDER

1. Citation ...................................................................................................... 22. Exemption ................................................................................................. 23. Conditions ................................................................................................. 24. Expiration.................................................................................................. 4


S.R.O. 80 OF 2014CUSTOMS DUTIES AND CONSUMPTION TAX (PROPERTY DEVELOPERS) (HOMES BUILT FOR SALE

OR RENTAL) (EXEMPTION) ORDERTHE CUSTOMS DUTIES AND CONSUMPTION TAX (PROPERTY DEVELOPERS) (HOMES BUILT FOR SALE OR RENTAL) (EXEMPTION) ORDER 2014 MADE BY THE GOVERNOR ACTING ON THE ADVICE OF CABINET UNDER SECTION 17(2) OF THE CUSTOMS DUTIES AND CONSUMPTION TAX ACT (CAP. 17.05).1. CitationThis Order may be cited as the Customs Duties and Consumption Tax (Property Developers) (Homes built for sale or rental) (Exemption) Order 2014.2. ExemptionA person who intends to build a home for sale or rental in Montserrat may import construction materials, equipment and furnishings free of customs duties and consumption tax if the total investment in the home to be built is not less than US$300,000.3. Conditions(1) A person who applies for an exemption under paragraph 2 shall submit —(a) a written application to the Financial Secretary accompanied by—(i) a copy of the land certificate with respect to the land on which the home is to be built; Montserrat Customs Duties and Consumption Tax (Developer) (Homes builtfor sale or rental) (Exemption) Order S. R.O. 80 of 2014(ii) evidence that development permission has been granted in accordance with the Physical Planning Act (Cap.8.03);


(iii) a copy of the architectural plan submitted with the application for the grant of development permission under sub-subparagraph (ii);(iv) a bill of quantities with respect to the home to be built; and(v) an invoice of the items to be imported under paragraph 2; and(b) a copy of the application under subparagraph (a) to the Director of Public Works.(2) A grantee of an exemption under paragraph 2 shall—(a) keep a record of the items imported; and(b) permit the Comptroller of Customs and Excise or a person authorised by him to—(i) inspect the record; and(ii) access the home in respect of which the exemption is granted.(3) A grantee of an exemption who, within five years from the date of an exemption under paragraph 2, without the approval of the Financial Secretary, sells or commercially exchanges an item imported under the exemption, shall pay to the Comptroller of Customs and Excise all the taxes and duties waived under the exemption. Montserrat Customs Duties and Consumption Tax (Developer) (Homes built for sale or rental) (Exemption) Order S. R.O. 80 of 2014______________________________________________________4. ExpirationThis Order expires five years from the commencement date.Made by the Governor acting on the advice of Cabinet this 26th day of June, 2014.…………………………………………………………………………………………………………………………………

SCHEDULE 9


______________________________________________________


S.R.O. 41 OF 2014CUSTOMS DUTIES AND CONSUMPTION TAX

(RETURNING MONTSERRATIANS) (EXEMPTION) ORDER

THE CUSTOMS DUTIES AND CONSUMPTION TAX (RETURNING MONTSERRATIANS) (EXEMPTION) ORDER 2014 MADE BY THE GOVERNOR ACTING ON THE ADVICE OF CABINET UNDER SECTIONS 6B(2) AND 17(2) OF THE CUSTOMS DUTIES ANDCONSUMPTION TAX ACT (CAP. 17.05)

1. CitationThis Order may be cited as the Customs Duties and Consumption Tax (Returning Montserratians) (Exemption)Order 2014.2. Exemption(1) A Montserratian who has resided outside of Montserrat for a period of five years or more and returns to Montserrat to reside with the intention of remaining in Montserrat permanently may—(a) import the items set out in the Schedule free of customsduties and consumption tax; and(b) import into or purchase a motor vehicle in Montserrat freeof customs duties and consumption tax.

(2) A Montserratian who qualifies for an exemption under subparagraph (1) shall not be eligible for an exemption on the expiration of three years after his return to Montserrat.

(3) A Montserratian who—(a) has resided outside of Montserrat for a period of five years or more; and (b) returned to Montserrat during the period 1 January 2011 to 11 March 2013 to reside with the intention of remaining in Montserrat permanently, may import the items set out in the Schedule or import into or purchase in Montserrat a motor vehicle free of customs duties and consumption tax.(4) A Montserratian who qualifies for an exemption under subparagraph (3) shall not be eligible for an exemption after 30 December 2014.(5) A grantee of an exemption under subparagraph (1) or (3) shall pay processing fees on the first $50,000 of the value of the items set out in the Schedule and is exempted from the payment of any further processing fee.(6) A grantee of an exemption under subparagraph (1) or (3) shall pay processing fees on the first $50,000 of the value of a motor vehicle imported into or purchased in Montserrat and is exempted from the payment of any further processing fee.3. Limitation(1) An application for an exemption under paragraph 2 may be made to the Comptroller of Customs and Excise—


(a) by an individual who is not part of a household; or(b) if an individual is part of a household, by the individual on behalf of the household.(2) In this paragraph—“cohabitant” means a person who is living with a person of the opposite sex as a husband or wife although not married to that person;“dependants” include children, parents and grandparents; and“household” means—(a) a man and his wife or cohabitant residing in the same house;(b) a man and his dependants residing in the same house;(c) a woman and her husband or cohabitant residing in the same house;(d) a woman and her dependants residing in the same house; or(e) a man and his wife or his cohabitant and their dependants residing in the same house.4. Conditions(1) The following conditions apply to the granting of exemptions under paragraph 2—(a) a grantee of an exemption shall not subsequently be granted the same exemption under this Order;(b) a grantee of an exemption who, within five years from the date of the exemption, sells or commercially exchanges an item imported or purchased under the exemption shall pay to the Comptroller of Customs and Excise all taxes and duties waived under the exemption;(c) a grantee of an exemption who, within five years of the grant of the exemption, leaves Montserrat and resides outside Montserrat for a continuous period in excess of one year shall pay to the Comptroller of Customs and Excise all taxes and duties waived under the exemption.(2) The Governor acting on the advice of Cabinet may waive the application of—(a) subparagraph (1)(b) in a particular case; or(b) subparagraph (1)(c) in any particular case, including if the grantee of the exemption resides outside Montserrat—(i) due to ill health and obtains a certificate from a registered medical practitioner evidencing proof ofillness; or(ii) for the purposes of pursuing a recognized course of full time study or training and obtains a certificateto that effect from the Ministry of Education.5. RepealThe Customs Duties and Consumption Tax (Returning Montserratians) (Exemption) Order 2014 (SRO No. 25 of 2014) is repealed.SCHEDULEQuantity Item Description

LIVING ROOM BEDROOM DINING ROOM

1 Couch2 Television Set1 Video Recorder1 Components Set including Compact Disc Player1 Portable Radio/Tape

4 Bed/Mattress4 Dresser4 Chest of Drawers4 Bedside Table8 Bedroom Chair4 Wardrobe

1 Dining Room Set (Table and Chairs)1 Liquor Trolley4 End Table1 Coffee Table1 Curio Display Cabinet


Recorder2 Telephone1 Answering Machine1 Living Room Suite3 Lamp2 Chandelier

4 Lamp for Bedside Table4 Lamp for Dresser1 Sofa Bed1 Baby Crib1 Playpen4 Clothes Hamper2 Shelf Units (Bathroom)2 Bathroom Scale

KITCHEN KITCHEN cont’d OTHER

1 Microwave Oven1 Stove (Gas or Electric)1 Refrigerator1 Washing Machine1 Dryer1 Kitchen Table6 Kitchen Stool/Chair1 Deep Freezer/Freezer1 Kitchen Cabinets1 Kitchen Ladder (Step Ladder)Pots and PansElectric KettleCutleryChinawareCrystal1 Electric Can Opener1 Kitchen Scale1 Electric Knife1 Electric Scale1 Electric Juicer1 Electric Kitchen Saw1 Toasters1 Toaster Oven1 Pressure Cooker1 Blender1 Food Processor1 Coffee Maker

1 Percolator2 Canister Set1 Hot PlateOther small electrical appliances for domestic use

1 Patio Set6 Veranda Chair4 Lounge Chair4 Wall Clock2 Ironing Board1 Sewing Machine2 Desk2 Chair1 Typewriter and Stand1 Safe1 Personal Computer and Stand1 Printer and Printer Stand2 Recliner1 Fax Machine1 Lawn Mower1 Barbeque Grill1 Ladder1 High Chair1 Rocking Chair1 Aquarium2 Irons1 Hair Dryer2 Blow Dryer1 Vacuum Cleaner4 Fan4 Mirror2 Rug

REASONABLE QUANTITY


Carpet and Under LayerDrapesHousehold LinenBlindsMusical InstrumentFloor PolishWall Painting

MontserratCustoms Duties and Consumption Tax (Returning Montserratians)(Exemption) Order 2014S. R.O. 41 of 2014______________________________________________________

Made by the Governor acting on the advice of Cabinet this 26th day of June, 2014.............................................................................


SCHEDULE 10


S.R.O. 43 OF 2011

CUSTOMS DUTIES AND CONSUMPTION TAX (RETURNING AND OVERSEAS MONTSERRATIAN NATIONAL) (EXEMPTION) ORDER

ARRANGEMENT OF ORDER

1. Citation.....................................................................................372. Interpretation...........................................................................373. Exemption................................................................................374. Conditions................................................................................385. Duration of order.....................................................................38

CUSTOMS DUTIES AND CONSUMPTION TAX(RETURNING AND OVERSEAS MONTSERRATIAN NATIONAL) (EXEMPTION) ORDER

THE CUSTOMS DUTIES AND CONSUMPTION TAX (RETURNING AND OVERSEAS MONTSERRATIAN NATIONAL) (EXEMPTION) ORDER 2011 MADE BY THE GOVERNOR IN COUNCIL UNDER SECTION 17(2) OF THE CUSTOMS DUTIES AND CONSUMPTION TAX ACT (CAP. 17.05).

1. Citation

This Order may Customs Duties and Consumption Tax (Returning and Overseas Montserratian National) (Exemption) Order 2011.

2. Interpretation

In this Act-“Montserratian national” means-(a) A Montserratian by birth, descent, registration or naturalisation who is returning to

Montserrat to resettle or has resided on Montserrat for the last three (3) years after a period of 5 years or more abroad;

(b) an adult Montserratian by descent who has never lived in Montserrat; or(c) a Montserratian by birth, descent, registration or naturalisation who is living abroad.


3. Exemption

A Montserratian national is exempt from the payment of customs duties and consumption tax on the following items-(a) construction material; and(b) building supplies and furnishings,intended for use in the construction of a family home owned by him or her.

4. Conditions

The following conditions apply to the exemptions that may be granted under these regulations –

(a) the exemption shall be granted only once;

(b) the Montserrat national must contribute 100% of his or her own funds from income wholly generated abroad in the construction of the family home;

(c) the quantities that qualify for exemption must be certified by the Director of Public Works;

(d) items qualifying for an exemption under this Order must not be sold or transferred to any person;

(e) the applicable customs duties and consumption tax on items sold or transferred to any person will be recoverable from the person to whom the exemption was granted, by the Director General, MCRS;

(f) a list of the items for which the exemption is sought must be presented at the time of application for the exemption;

5. Duration of order

The exemption will expire at the end of five years from the date of publication of this Order.

Made by the Governor in Council this 8th day of September, 2011.

………………………………………………..


SCHEDULE 11

Table A: Summary of Housing Programmes in Montserrat by Type (as at 2015)No. PUBLIC ASSISTANCE HOUSING

PROGRAMMESDESCRIPTION

1 Home Improvement Grant Provision of a grant that allows a vulnerable situation to be addressed through home improvement works or repairs to an existing dwelling

2 Land Allocation The award of a serviced residential lot to facilitate the construction of a dwelling house. This is usually along the path of new by-pass roads developed by the government and where services are provided (a windfall to persons owning land along that route).

3 Warden Assisted Housing Sheltered housing for the elderly and mentally challenged4 Trasition/Half Way House Sheltered housing constructed for persons who are

rendered vulnerable due to social and environmental circumstances e.g. domestic violence, repatriation by court order, loss due to fire or force majeure etc. This temporary housing solution may be for durations not exceeding six months. This may be described as a “place to stay until a person has found or worked out a housing solution.”

5 Rental Assistance (as referred by the Welfare Dept) The provision of a rent subsidy for persons in agency managed government housing units. The payment is from receipts of social welfare support.

6 Granny Suites Community type dwellings for the elderly. The intention is to assist disabled and elderly persons to maintain their independence for as long possible (that is the senior’s or challenged persons will remain living independently at home where they are comfortable and confident in familiar/existing communities with minimal help other than community services visits provided)

7 Direct Build /100% Home Construction The complete construction of a dwelling housing for a vulnerable person/household. Ownership is optional.

8 DFID Vulnerable (Soufriere Project) Housing A 100% life-time housing solution t to a means-tested person or household.

9 High Density Apartments for Young People (transitional):

Proposed to be constructed as transitional house to enable upgrade to building code standards of depressed housing particularly in Drummonds, Davy Hill and pockets of vulnerability across the island.

PRIVATE , PUBLIC-PRIVATE PARTNERSHIPS & SELF-HELP

1 Housing Investment:Financial AssistanceMaterial Grant ($40K)

Grants of $40K issued to bank approved applicants to allow them to leverage a mortgage. The grant is delivered as a supervised level of assistance for completion of the new build in conjunction with the home owner. The GoM equity is held as a 2nd charge against the property for 5+ years.

1 Housing Investment Programme:Material

Comprise grants ranging from $10K to $40k issued on local purchase orders to qualifying households having part


Home ImprovementHome Finishing grants

financing/labour/maroon or self-help capability. The property cannot be traded/rented or sold for the duration of a charge ranging from 5yrs.

2 Home Programme (Credit Union Fund):Affordable Home MortgageHome Mortgage

A Housing Scheme of the Government of Montserrat where applicants are assessed for a loan managed by the St. Patrick’s Cooperative Credit Union (SPCCU). The Home mortgage is a regular mortgage at a low interest of 5%; the Affordable Home is at a 3% interest rate where account is taken of the non-discretionary monthly expenses of the recipient in arriving at an affordable monthly repayment plan.

3 Land Allocated Serviced Lots Provided as a deliberate attempt to spur home ownership through the provision of serviced residential lots on concessionary terms. The recipient has a time-bound period in which to perform and complete their home privately

4 Save to Own This is a home ownership scheme in which the individual enters into an agreement and commits to making fixed monthly/weekly deposits (deduction at source) at an attractive interest rate agreed with the GoM (affected by the closure of the Government Savings Bank)

5 Mortgage Interest Subsidy The proposal is for the government to review its property tax legislation with the intention of increase the tax deduction for mortgage interest considerations

6 Rent or lease to Own Home/Land Home built with public funds are provided as rent/lease to own

7 Access to Land Where a deliberate attempt is made to provide road access to private lands to enable land sales at reasonable prices. Cost sharing may transfer savings to purchases or recovered by the GoM from the land sales

9 Challenge Fund This fund will provide landowners with access to financing for land servicing and road infrastructure. The funds will be provided on concessionary terms with provisos to encourage increased access to lands for new housing developments

10 Housing Revolving Fund:EU Habitat ProjectDFID Social Housing Programme

Includes Housing built with EU funds where the sale of the housing stock is re-invested in other housing development projects. It is anticipated that the proposed DFID supported Housing Investment Programme II will help replenish the housing revolving fund once the Royal Engineer designs can retain the highest resilience, but at a price affordable to the market both for new builds and maintenance is affordable.

11 National Housing Fund Established under the National Housing Act 2016 and open to persons in addition to Montserratians for loan and grant support. The fund is open to Philanthropic contributions including grants and joint investments.

12 Shared Equity Housing Scheme The purchaser acquires 25-50% or more of the property and pays rent only on the share owned by the landlord. The occupier eventually purchases a property at a pro-portion of its current market value after the rent is taken into account in covering the share in equity retained by the landlord (GoM)

13 European Union/Other Support Project Fully purchased housing from the EU funded Montserrat Resettlement Project at Lookout Phase II. Returns are


deposited into the Housing Revolving Fund.14 High Density Apartment Dwellings (rotational

occupation):Davy Hill:LookoutShinnlands

To maximize land use within developments such as Drummonds and Lookout. Proposed to be DFID supported. The Units will be partly used for halfway or safe housing and part-time occupation for new home owners in transition from shelter to permanent accommodation.

15 Housing Development Packages (Little Bay Town Area Planned Development)MLDAChinaOther

Subject to the Physical Development Plan for North Montserrat and the Little Bay Town Plan. Anticipates partnership by multi-stakeholders.

16 High Density Apartments for a select Market (Diaspora/other)

Need to be promoted with incentives to allow for increased partnership by Montserratians resident overseas

17 Development of Private Homes (Home and Business Incentive Scheme (SR&O 32/2015)

A scheme optional to the material grant programme for new home owners. Includes furnishings up to $40K

18 Homes built for Sale or Rental (SRO 80/2014) The property to be developed for sale or rental must have an investment of not less than $815,070.

19 Returning Montserratians Home and Furnishings Scheme (SRO 41/2014

This programme is for a Montserratian returning home after being resident outside Montserrat for more than five years. A home furnishings and tools of trade list of items are included in a Schedule.

20 Returning and Overseas Montserratian National (Funds from Abroad) Scheme (SR&O 43/2011

Proposed to be renewed, the programme grants 100% on home construction once 100% of the funds used is from income wholly generated abroad.


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