At different stages of construction, the DOW will assess the following:

• Building line
  After having marked the project on the parcel of land, you have to notify the DOW by submitting a white card. The DOW will assess the marking.
• Foundation
  After receiving approval of the layout, excavation can begin, and iron bars can be installed in the foundation. At this stage, there is also an assessment by the DOW.
• Ring beam
  When you reach the ring beam, you have to inform the DOW for an assessment at this stage.
• Construction of more floors
  If a building has more than one floor, you have to inform the DOW beforehand to assess the iron bars and the ring beam.

Requirements for building a commercial building

• The parcel of land must be property land or commercial leasehold land.
• The designated use should be in accordance with the ROP/ROPV and the leasehold agreement of the Directorate of Infrastructure and Planning (“DIP”) (if applicable).
• The parcel of land should face a road, as approved by the DOW.
• The parcel of land must have parking lots and must comply with the parking regulations of the DOW.
• In addition to the building regulations, locations that need a permit (as referred to in Articles 10-18 of the Licensing Ordinance), such as a hotel, coffee house, club, wholesaler, beerhouse, lodging, restaurant or ice cream parlor, will need to comply with the licensing regulations as laid down in the Licensing Decree. It is advisable to request information and to apply for the necessary permits at the Directorate of Legislation and Legal Affairs (“DWJZ”) before the construction phase.
• The Fire Department has to approve the use of alternative or new construction materials. It is advisable to confirm with the DOW if the construction materials can be used for the purpose of construction before importing them.

The following documents are generally required to obtain a building permit for a commercial building

• An architectural drawing of the commercial building (4 copies).
• A site plan (4 copies).
• Construction drawings and calculations (2 copies).
• A notarial deed or a ministerial order (1 copy).
• A valid identification document (1 copy).
• A completed building permit application of the DOW (the owner of the land or the person authorized should apply for the building permit) .
• A completed form of the Department of Technical Inspections (“DTI”).
• An amount of AWG 200.00.

The procedure for obtaining a building permit for a commercial building is as follows

• • After completing the application form, you will receive proof of submission with the number of the building permit application.
• • The application will be sent to the building esthetics committee.
• • Next, the application will be forwarded to the DOW for further processing and, if necessary, also to other departments (for example, the Fire Department).
• • The application process will take more or less eight (8) weeks for a commercial building. It will take more time if there are changes to the construction plan.

Costs for obtaining a permit

When submitting the application, you must pay a fee of AWG 200.00. To receive the permit (receipt), you must pay the remaining balance, if applicable.

Permits for construction or maintenance works

To carry out construction or maintenance works, you need a construction renewal permit. You can apply for this permit through the websiteof the DOW:

• The applicant can be a natural person or a company (legal entity).
• A completed registration form is required. Based on the type of project, you have to choose between housing, commercial or other.
• To complete and submit this form you also need:
• a recent extract of the Chamber of Commerce and Industry;
• the tax registration number of the company, which can be applied for at the Tax Department (“DIMP”);
• a copy of the building permit;
• a list of employees and/or the ones working on the project;
• a copy of the identification document of each person.

Parking regulations

Function: offices

Function: retail stores

Function: Building and public facilities

Function: hotel, bar and restaurant

Function: industry, building and transportation

Remarks:
Ppl: parking place
GFA: gross floor area (floor’s gross size in m2)

Note:

• There are no requirements regarding parking in the vicinity of downtown Oranjestad and San Nicolas.
• It is not permitted to build a commercial building on a parcel of leasehold land. The DIP has parcels specifically designated to be used for commercial activities.

Please contact the DOW for more information about how to obtain a building permit or to renew a building permit.

Operation policy for watersports and the use of beaches

• The permit holder is responsible for any other permits required when offering watersports activities on site.
• The permit holder must have third-party liability insurance valid for the entire period that the permit is valid. The third-party liability insurance should cover both material and personal injury that may arise from the commercial activities to which permit applies.
• The exploitation or execution of the activities must not cause nuisance and/or danger.
• The permit is personal and non-transferable. It is forbidden to transfer, sell or rent out a “precario” permit to a third party in any way.
• The DIP should be notified without delay if there is a change in management, regardless of whether it concerns a new manager, company director or operator.
• The permit holder is responsible for the behavior and actions of its operators and/or employees. Should they not comply with the conditions stipulated, the permit holder is responsible for all the associated legal consequences.
• The permit holder and his operators and/or employees must be of good conduct at all times.
• The permit holder must keep the parcel in a good state.
• Should any damage be caused to the public beach or environment as a result of the exploitation by or on behalf of the permit holder, its operators and/or employees, then the public beach or environment should be restored to its original condition. The restoration measures will be at the expense of the permit holder.
• The permit holder must at all times take preventive measures against damage to the public beach or environment.
• The parcel of public land to which a “precario” permit applies must maintain its original state. For instance, no construction of foundations nor any structure is allowed.
• No promotional, advertising or other commercial materials and/or objects, including sandwich boards, beach flags and banners, may be placed inside or outside the parcel of land to which the “precario” permit applies.
• Watersports equipment, including life jackets, watersports tubs, banana boats, kayaks and paddleboats that are not in use, should be stored neatly and orderly on the parcel of land to which the “precario” permit applies.
• The beaches of Aruba are public and must remain accessible to the public at all times. It is prohibited to close the area.
• A strip of at least 10 meters from the waterline must remain open on the beach.
• Freedom of movement for pedestrians on the beach should not be hindered or be endangered.

Exceptional conditions for the use of the beach for watersports

1. The supply of (watersports) materials for display on the parcel of public land to which the “precario” permit applies must take place via an open corridor or the open strip on the beach between the swimming areas.
2. Watersports activities may take place between 7:00 AM and 7:00 PM.
3. It is not allowed to leave behind unused watersports equipment between 7:30 PM and 6:00 AM.
4. The permit holder is obligated to remove the unused watersports materials from the beach before 7:00 PM. These must be stored neatly and orderly on the parcel of public land to which the “precario” permit applies.

Exceptional conditions for the use of beach chairs and parasols or other facilities providing shade

1. The distribution and provision of beach chairs, parasols and other facilities providing shade must take place on the parcel of public land to which the “precario” permit applies.
2. Beach chairs, parasols and other facilities providing shade can only be rented out between 6:00 AM to 7:30 PM.
3. Only beach chairs, parasols and other facilities providing shade that are currently in use are permitted to remain on the beach.
4. When not in use, beach chairs, parasols and other facilities providing shade should be folded neatly and stored in a designated cabin within the area.
5. The beach chairs, parasols and other facilities providing shade must be of high quality, appropriate for a beach setting and free of advertising inscriptions and/or logos.
6. The parasols offered may only have one or more upright covers. Party tents and other sorts of covers are prohibited.
7. It must be possible to fold and fasten the parasols provided at all times.
8. The supply of (watersports) materials for display on the parcel of public land to which the “precario” permit applies must take place via an open corridor or the open strip on the beach between the swimming areas.
9. The permit allows for watersports activities between the hours of 7:00 AM and 7:00 PM.
10. It is not allowed to leave behind unused watersports equipment between the hours of 7:30 PM and 6:00 AM.

Exceptional conditions for jet skis (drop-off and pick-up)

1. The designated location only serves as a drop-off and pick-up point for jet ski customers.
2. The jet skis should remain in the sea during operational hours, which are between 7:00 AM and 7:00 PM.
3. It is prohibited to park a jet ski on the beach or to launch the jets ski from the beach.
4. Beach equipment rentals, such as beach chairs and parasols, are not permitted on the premises.
5. Watersports equipment, except life jackets, may not be placed or displayed. Life jackets should be neatly hung under the cabin.

Exceptional conditions solely for the sale of watersports activities / P-spot

1. The purchase spot (P-spot) is only a point of sale for watersports activities. Watersports activities are not permitted at the P-spot.
2. It is not permitted to provide watersports equipment, chairs or parasols at the P-spot.
3. Watersports activities may only be sold between 7:00 AM and 6:30 PM.

Agricultural land

As of March 2020, the DIP has begun to promote agricultural activities, such as cultivation supporting food security. The DIP has been doing this by increasing the allocation of agricultural parcels of land in accordance with the ROP and the ROPV.

Districts in Aruba with a high request for cultivation are Sta. Cruz, Savaneta and Noord. Despite the scarcity of available parcels, the DIP still plans to allocate land for cultivation in compliance with the ROP and ROPV.

An agripreneur, who is interested in an agricultural parcel of land must register with the DIP. The registration procedure is as follows:

• fill out the registration form completely; it can be obtained at the DIP or via www.dip.aw;
• make sure you have all the required documents;
• the online payment amounts to AWG 35.00, and you have to provide proof of payment;
• if you meet all registration requirements, the DIP will contact you to confirm the validation of your registration; and
• you, as the applicant, are responsible for saving the proof of registration. Saving a hard copy is recommended.