By Gissel Taveras
El Inmobiliario
SANTO DOMINGO.- To build or operate a real estate project in the country, it is necessary to obtain an environmental license that covers its execution, which includes its phases, from its inception to its dismantling and abandonment, understood as the "useful life of the project".
In the Dominican Republic, the entity responsible for issuing such permits is the Ministry of Environment and Natural Resources (MIMARENA), whose mission is to govern the management of the environment, natural resources, ecosystems and their services to conserve the nation's natural heritage, achieve sustainable development and thus guarantee society's right to a healthy environment.
The website's vision states: "To be an effective, efficient and transparent institution in the participatory management of the incorporation of the environmental dimension in public policies and in the decisions and actions of society, to contribute to the sustainable development of the country.".
However, the efficiency of that agency has been called into question because yesterday the Dominican Association of Housing Builders and Developers (ACOPROVI), along with a group of entities in the construction sector, denounced that the permit granting process, which previously took 15 days, has now been extended to 6 months, even after the launch last year of the “Virtual Environmental Authorization System”, a platform that would allow for streamlining and making more transparent the applications for environmental authorizations for works, projects and economic activities.
The environmental authorization system is currently a unified instrument for all types of authorizations granted within its scope of competence.
In this way, activities and projects that received different types of authorizations have been incorporated into the “Environmental Assessment System” mandated by Law 64-00 on Environment and Natural Resources.
With the aim of operationalizing this initiative, the Directorate of Environmental Authorization Services (Single Window) was created as an entity that represents the environmental authorization services provided by the Ministry to citizens, as well as to coordinate, monitor and follow up on the environmental authorization processes.
Construction industry representatives called for collaborative efforts to find solutions to expedite permits for urban and tourism projects, stressing that such obstacles could generate significant losses for the sector, hinder investments, and consequently affect one of the main areas that influence the indicators of the Dominican economy.
Requirements for obtaining a permit, as established on the Environment website:
- Letter of request for Environmental Authorization, addressed to the Ministry of Environment and Natural Resources.
- Registration form for environmental authorization of project, work or activity, duly completed by computer or typewriter.
- Copy of the identity and electoral card or passport (if foreign), of the promoter and representative.
- Copy of the National Taxpayer Registry (RNC), for company name.
- Copy of the Commercial Registry.
- Copy of the property title. When the property title(s) are not in the name of the developer, in addition to the title, a notarized and legalized purchase and sale or lease agreement between the owner and the project developer, registered with the Attorney General's Office of the Dominican Republic, must be attached, listing the developer and the submitted documents. For government projects, a decree of public utility must be submitted.
- Copy of the Cadastral Plan or Survey, stamped and/or certified by the National Directorate of Cadastral Surveys. This is not mandatory in the case of
- Letter of No Objection for land use from the corresponding City Council (original required), does not apply to forestry projects, except for sawmills in urban areas.
- Executive summary of the descriptive report of the project, work or activity and its components, according to its nature: type of infrastructure, quantity and sources of general services (water, electricity, solid waste, etc.), detailed description of the wastewater treatment system.
- Topographic map sheet at a scale of 1:50,000, in color, with the polygon in UTM coordinates, mandatory for mining, tourism and forestry projects or works.*
- Location map, scale 1:1000 to 1:5000, legible, in color, showing the UTM coordinates of the polygon of the project, work or activity.*
- Site plan and a dimensioned floor plan at a legible scale, size 11 x 17. If a Wastewater Treatment Plant (WWTP) is included, attach plans.
- Attach the last three (3) profit or loss reports (IR-2 or IR-1) as applicable, including Annex A1, endorsed by the General Directorate of Internal Taxes (DGII). If not registered with the DGII, attach a financial analysis showing total assets, certified by a Certified Public Accountant (CPA). (If operating before the enactment of the General Law on the Environment and Natural Resources (64-00) of August 18, 2000).
- Attach the projected budget analysis.
Additional and specific requirements depending on the economic sector
- Fuel sales and storage: Faithful copies of no objections from:
a) Civil Defense
b) Fire Department
c) Monitoring Committee of the National Regulatory Plan of the Ministry of Industry and Trade (form MIC-M0011).
These certifications and no-objection certificates must be no more than one (1) year old from the date of issuance at the time of submitting your environmental authorization application to this Ministry. The true copies submitted must be stamped and certified by the issuing institution.
- Tourist areas: Certificate of No Objection to Land Use issued by the Ministry of Tourism describing the project's development parameters. This applies to both new construction projects and expansions.
- Forest management plans: Submit a forest management plan prepared by a forestry service provider, according to the established format.
- Forestry industries (sawmills): Include the following documents:
a) Raw material supply plan in accordance with the capacity of the sawmill equipment;
b) Document of legal ownership of the sawmill equipment if it has already been acquired, otherwise submit a quote for the same.
c) Sawing equipment specifications: brand, color, saw type, saw diameter, type of fuel to be used, engine capacity and sawing capacity.
- Mining concessions: Authorization issued by decree of the Executive Branch.
- Fumigation companies: Pesticide control permit and manager registration, issued by the Ministry of Agriculture; sanitary registration and pesticide registration issued by the Ministry of Public Health.
- Telecommunications antennas: No objection from the Dominican Institute of Civil Aviation (IDAC).
