Draft bill 32.

Summary.

The draft bill proposes a nationwide framework for plan registration, permit issuance and construction oversight. It would apply to those who promote, finance, design, carry out or supervise building work, as well as urban curators and the agencies involved in the procedures. It defines the relevant documents and decisions and classifies work as minor, standard or highly complex according to area, use and risk. The director of the Single Window (Ventanilla Única) would verify classifications, resolve disputes and reclassify projects artificially split into separate stages.

Each municipality would operate a Single Window coordinated by its Works and Construction Directorate (Dirección de Obras y Construcciones) or a designated technical unit. Depending on the application, participants would include the Meritorious Fire Department of the Republic of Panama (Benemérito Cuerpo de Bomberos de la República de Panamá), the Ministry of Health (Ministerio de Salud), the Ministry of Public Works (Ministerio de Obras Públicas), the Transit and Land Transport Authority (Autoridad del Tránsito y Transporte Terrestre), the National Water and Sewerage Institute (Instituto de Acueductos y Alcantarillados Nacionales) and the Urban and Household Sanitation Authority (Autoridad de Aseo Urbano y Domiciliario). Certain projects would require prior approvals from the Ministry of Environment (Ministerio de Ambiente), the Ministry of Housing and Territorial Planning (Ministerio de Vivienda y Ordenamiento Territorial), the National Public Services Authority (Autoridad Nacional de los Servicios Públicos), the Civil Aviation Authority (Autoridad Aeronáutica Civil), the Panama Canal Authority (Autoridad del Canal de Panamá) or the National Civil Protection System (Sistema Nacional de Protección Civil). Reviews would proceed simultaneously, with consolidated observations, a unique file number and certification of missed agency deadlines. Municipalities could use in-person, partly digital or fully digital procedures; the Government Innovation Authority (Autoridad de Innovación Gubernamental) would coordinate the gradual introduction of digital platforms.

In eligible districts, applicants could choose technical review by an urban curator accredited by the Ministry of Housing and Territorial Planning and appointed through a merit competition by the Municipal Council (Concejo Municipal). The municipality of Panama, the Municipality of San Miguelito (Municipio de San Miguelito) and the Municipality of Colón (Municipio de Colón) would have to implement the system within the prescribed period. The curator would issue a Binding Technical Opinion, while the municipality would retain authority over registration and permits. The bill sets professional qualifications, incompatibilities, territorial jurisdiction, terms of service, insurance, supervision and grounds for removal. The Technical Board of Engineers and Architects (Junta Técnica de Ingenieros y Arquitectos) would hear disciplinary complaints concerning technical conduct. Curators would also face civil liability and the applicable provisions of the Criminal Code (Código Penal).

Construction procedures would cover preliminary projects and miscellaneous, complete or staged building plans, earthworks plans, photovoltaic plans and plans for public-use areas or parks. The bill governs their supporting documents, reviews, observations, registration, validity and renewal, as well as amended and as-built plans. It defines when the Meritorious Fire Department of the Republic of Panama participates and provides for service-availability certificates from the National Water and Sewerage Institute. Projects in the areas of influence of the Panama Metro (Metro de Panamá) or the Panama Canal Authority, in the Bay of Panama wetlands, or in risk areas would involve the relevant agencies. The text also distinguishes private design agreements from rules enforceable by the Local Urban Planning Authority (Autoridad Urbanística Local) and addresses designers’ rights in connection with the Copyright and Related Rights Law (Ley de Derecho de Autor y Derechos Conexos).

After plan registration, the bill governs Temporary Construction Authorizations and permits for minor works, construction, demolition, cranes or hoists and temporary structures. It sets conditions for sidewalk use, earthworks involving explosives, permit renewal or transfer, and equipment maintenance. On completion, it provides for inspection and occupancy permits, including partial occupancy and units without final finishes under the Law on the Horizontal Property Regime (Ley sobre régimen de propiedad horizontal). Occupancy of homes in new developments would require documents concerning infrastructure acceptance. Community Boards (Juntas Comunales) and the Municipal Council (Consejo Municipal) would receive periodic reports on registrations and permits.

The bill allocates responsibilities among designers, builders, reviewers and officials, and assigns building and equipment maintenance to owners, occupants and governing boards. It regulates inspections initiated by authorities or complaints, technical reports, notices and documents kept at construction sites. The Works and Construction Directorate could order suspension or demolition according to the violation; the bill also provides for municipal fines and assistance from the Community Peace Justice Houses (Casas de Justicia Comunitaria de Paz). The Executive Branch (Órgano Ejecutivo) and competent agencies would issue implementing rules, and Law 38 of 2000 (Ley 38 de 2000) would apply where the bill does not govern a matter. Pending procedures and decisions issued under earlier rules would receive the transitional treatment specified in the bill. The provisions concern municipalities, architects, engineers, developers, builders, property owners, insurers and building users.