By Erwin Dormoy
The Ministry of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) will receive €1.4 million from the Netherlands to address urgent capacity gaps identified in the General Audit Chamber’s critical review of St. Maarten’s building permit system. VROMI Minister Patrice Gumbs announced the funding as part of the Ministry’s formal response to the audit, acknowledging longstanding shortages in technical expertise, staffing, and structural support that have hampered the permitting process for years.
The Audit Chamber’s report, officially handed over to the Minister during a meeting focused on transparency and reform, paints a stark picture: outdated legislation, fragmented policies, weak documentation, and inconsistent procedures are undermining accountability and public trust.
The Chamber warned that these weaknesses heighten the risks associated with development in a small, densely populated island with limited land resources and vulnerable ecosystems. According to the Audit Chamber, St. Maarten “cannot afford missteps” as it manages competing demands on scarce land.
The report highlights the consequences of an outdated legal framework—including the continued reliance on the 1935 Building and Housing Ordinance—combined with non-binding policies such as the Beach, Hillside, and Parking Policies. The absence of an island-wide zoning plan further compounds inconsistencies, leaving civil servants to interpret old rules and informal guidelines on a case-by-case basis.
Inefficiencies within the workflow also emerged as a major concern. The audit found that the building permit process remains largely paper-based, with applications logged in the administrative system but without accessible tracking for applicants or management.
Essential advice, including from the Fire Department, is not always documented, and in some cases is disregarded without written explanation. Although the Minister retains final decision-making authority, the lack of a legal requirement to justify deviations from expert recommendations “creates space for political discretion,” the report warns.
Capacity limitations significantly impact the system. The Permits Department is understaffed, and many employees do not possess the technical qualifications outlined in the Function Book. The Fire Department has operated with only one officer responsible for permit reviews, delaying inspections and compounding backlogs. The Chamber concluded that inconsistent application of rules, inadequate training, and poor documentation collectively threaten the efficiency, fairness, and safety of development oversight.
To address these problems, the Audit Chamber issued several key recommendations. First, it called for the creation and implementation of written Standard Operating Procedures (SOPs) that clearly define each stage of the permitting process—from intake and evaluation to approvals and ministerial deviations. Second, the Chamber recommended fully automating the permitting workflow to create traceable records, provide time-stamped routing of advice, and allow applicants to track their files.
The report further urged a modernization of the 1935 ordinance and related decrees, transforming existing policies into binding legal instruments to reduce discretionary interpretation. It also called for a legal mandate requiring that all ministerial deviations be formally justified in writing. Finally, the Chamber advised updating the Function Book to require domain-specific expertise for technical roles, supported by structured training.
Minister Gumbs expressed support for these recommendations and outlined steps already underway. He confirmed that the Civil Works manual has been finalized and will soon be published to clarify when specific permits are required. Work will also begin on a general workflow document to standardize evaluations and reduce backlogs.
Digitalization is another priority: the Ministry is preparing a Terms of Reference for an automated permitting system, with procurement discussions scheduled for review next week. The platform is expected to improve customer communication, real-time status tracking, and overall transparency.
Accountability was a focal point of the meeting. While Gumbs has introduced internal memos to document instances where he deviates from departmental or expert advice, the Audit Chamber stressed that only a legal requirement can ensure that future leadership adheres to transparent and consistent standards. The Chamber emphasized that making such justification mandatory is essential for improving the traceability and defensibility of decisions.
Addressing structural capacity, Gumbs detailed how the €1.4 million provided by the Netherlands—initially earmarked for trust-fund-related projects—will now also help build secondary capacity within the Ministry.
Between six and nine new staff members will be hired on one-year contracts through the National Employment Services Center. Vacancies have been published and applications are accepted until December 5, 2025.
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GAC Performance Audit on the Building Permit Process
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