GOV.JM
What are the roles of the Real Estate Board (REB) and the Commission of Strata Corporations (CSC)?
CSC – To monitor, regulate and supervise Strata corporations.
REB – To register, licence and monitor the activity of real estate dealers and real estate salesmen conducting real estate business while for real estate developers we issue their initial registration and renewed registration and monitor their activities in relation to execution of prepayment contracts, advertisement of development scheme, and maintenance of the trust account.
Where is the REB and CSC located?
24 Trafalgar Road, Kingston 10
What are the primary legislation governing the REB and the CSC?
Real Estate (Dealers and Developers) Act for the REB and the Registration (Strata Titles) Act for the CSC
Who is the parent ministry and Minister with portfolio responsibility?
The Ministry of Economic Growth and Job Creation with The Most Honourable Andrew Holness ON, MP, PC having portfolio responsibility
Are there any other regulatory bodies affiliated with the REB or the CSC?
The Real Estate Board is also the Registrar of Timeshare, under the Timeshare Vacations Act.
Who is an inspector?
This is a gazetted officer appointed by the Real Estate Board under the Real Estate (Dealers & Developers) Act who has the power to demand information, to issue search warrants which are duly executed, and enter and search premises in the execution of their duties.
How to make a complaint to the Board?
Complete the complaints form and provide a copy of any supporting documents to substantiate your claim and lodge the complaint in a sealed envelope at our office.
What is the difference between a salesman and a dealer?
A Real Estate Dealer is an individual or corporate body who engages in real estate business on their own account.
Real Estate salesman is a person who engages in the practice of real estate business and is under the direction, control, or management of a real estate dealer.
What are some of the associated with the fees?
Real Estate Dealer registration fees – $22000
Real Estate Salesman registration fees – $9000
Real Estate Dealer licence fees – $44,000.00 (annually)
Real Estate Salesman licence fees – $22,000 (annually)
Real Estate Dealer dormancy fee – $11,000 (annually)
Real Estate Salesman dormancy fee – $5,500.00 (annually)
When are fees due?
On or before April 1 of each year.
How do I apply to be a dealer or a salesman?
Salesman Licence – payment of the prescribed fee, submit a letter of employment and complete all outstanding mandatory CPD credits.
Dealer Licence – payment of the prescribed fee, and complete all outstanding mandatory CPD credits.
What are the requirements to be a salesman, dealer, or developer?
Salesman
- Application form
- Application Fee of J$22,000.00
- Submit 3 letters of reference from any of the following:
- Copy of TRN
- Police Report
- Bankruptcy Clearance Report receipt
- Complete Fit and Proper Questionnaire Form
- 2 passport size photographs certified by an Attorney-at-law, Pastor, or Justice of the Peace (for individuals only).
- Proof of address (Utility Bills or letter from a JP confirming address)
- Possess the prescribed qualification.
Dealer
- Application form
- Application Fee of J$22,000.00
- Submit 3 letters of reference from any of the following:
- Copy of TRN
- Police Report
Note: If applicant is a body corporate, police reports must be provided for each director Bankruptcy Clearance Report receipt
- Bankruptcy Clearance report receipt
- Complete Fit and Proper Questionnaire Form
- Certified copies of Certificate of Incorporation and Articles of Incorporation (for companies only)
- 2 passport size photographs certified by an Attorney-at-law, Pastor, or Justice of the Peace (for individuals only).
- Proof of address (Utility Bills or letter from a JP confirming address)
- Possess the prescribed qualification.
- Complete period of attachment
Developer
- Police Report
Note: If applicant is a body corporate, police reports must be provided for each director and secretary.
- Bankruptcy Clearance Report receipt (report will be sent directly to REB)
Institution: The Supervisor of Insolvency and Government Trustee
Location: 52-60 Grenada Crescent, Kingston 5
Fee: $J3000. $J3,000.00. N.B.: – Bankruptcy Clearance Report should not be older than 6 months.
Note: If applicant is a body corporate, bankruptcy clearance reports and police reports must be produced for each director.
- Certified copies of Certificate of Incorporation and Articles of Incorporation (for companies only)
- 2 passport size photographs certified by an Attorney-at-law, Pastor, or Justice of the Peace (for individuals only).
- Proof of address (Utility Bills or letter from a JP confirming address)
- Evidence of ownership of land being developed (copy of registered title, Volume and Folio).
- Evidence of approval of the development scheme, including originals and copies or certified copies of approved plans and letters of approval from the local planning authorities.
What is a discharge of mortgage, caveat, letter of good standing?
A discharge of mortgage is when a mortgage instrument registered on title has been approved to be removed by executing the necessary instrument via the mortgagee to affect the necessary removal of such interest on land registered under the Registration of Titles Act or the Registration of Strata Titles Act.
A caveat is a document lodged with the Registrar of Titles by a person claiming interest in land registered under the Registration of Titles Act or the Registration of Strata Titles Act.
Why do I require a license to practice real estate in Jamaica?
This is mandated by the Real Estate (Dealers & Developers) Act that a person prior to engaging in real estate business is required to have a licence in the specific branch of practice they are engaged in.
What is the attachment process?
This is the process by which an attachee must undergo prior to meeting one of the requirements to become a real estate dealer.
What is the difference between attachment and employment?
The difference is that attachment is a process of training or mentorship approved by the Board prior to becoming a real estate dealer, while employment is the relationship between employer and employee of certain obligations to be met for due consideration in terms of compensation based on a specific arrangement.
How to cancel, suspend or hold a licence?
Cancel – Such request can be made in writing by the registrant to the Board of Directors of the Real Estate Board for which a Board decision would have to be taken for such a request.
Suspend or Hold a licence – where a person has not paid the prescribed license fee and wishes for the licence to be hold for the particular financial, the registrant may pay the applicable fee for the licence to be held or placed on dormancy for that specific period within the time allowed by the Board of Directors.
How to make a complaint to the CSC?
Complete the prescribed form for dispute resolution, pay the prescribed fee and submit all supporting documents in relation to the matter be filed.
What if a corporation or another proprietor has a problem with a strata proprietor?
The affected party may apply to the CSC for said dispute resolution.
What is a power of sale, tribunal, annual registration fee, returns and/ strata lot?
Power of sale Certificate – this is a certificate issued by the Commission which empowers the strata corporation to sell a proprietor’s strata lot to recover outstanding contributions owed, once all statutory requirements have been met.
Strata Appeals Tribunal – This is the Tribunal established under the Act to determine matters affecting the management and administration of strata properties. The Tribunal has the power to make certain orders, which are binding on the parties before it with equal force to those delivered in the Parish Courts of Jamaica.
Annual registration fee – these are fees which are payable by all strata corporations to the Commission of Strata Corporation on a yearly basis.
Annual returns – these are documents to be filed by a Strata corporation to the Commission of Strata Corporations within 120 days after the end of the current year reporting on activities within the strata corporation as so prescribed which includes but not limited to insurance, the appointment of executive committee members, meeting be held, the accounts (income and expenditures).
Strata lot – this is a portion of land on a strata plan for which there is individual ownership by a proprietor.
What are the strata by-laws?
A set of the rules for the good governance of the strata corporation that set out the rights and obligations of the corporation, proprietors, tenants, and occupiers of the strata plan.
How to register a strata with the Commission?
Complete the prescribed form and pay the prescribed fee.
What are the consequences of failing to register a strata?
Failure of any strata to register with the Commission of Strata Corporation within 90 days of its incorporation is a criminal offence under the Registration (Strata Titles) Act.
How to cancel or end a strata?
The proprietors of the strata plan must pass a unanimous resolution to “destroy” (or cancel) the strata plan, and all proprietors must return their individual titles to the National Land Agency and pay the prescribed fees.
It is advisable that the strata engage an attorney to assist in this process.
Alternatively, the Supreme Court may, in certain circumstances, order that the strata be dissolved, and its affairs wound up.
How are by-laws amended?
By-laws under the first schedule are amended by a resolution passed by 75% of proprietors who are paid up and entitled to vote. By-laws under the second schedule are amended by a majority resolution of the proprietors who are paid up and entitled to vote. Once the relevant resolution is passed, it must be lodged with the National Land Agency before the amendment takes effect.
