WILLEMSTAD – Six of eight apartment buildings at The View Resort & Marina in Zakitó were constructed in deviation from their approved building permits, according to a court ruling being cited by Movimentu Save Zakitó as evidence that Curaçao needs stronger supervision of major construction projects.
The activist group has used the case involving the development along Helmin Magno Wiels Boulevard to renew its demand for stricter controls over large-scale projects and greater transparency surrounding building permits and subsequent modifications.
According to the court ruling, six of the eight apartment buildings deviate from the plans forming part of the permits issued for the development.
One of the clearest discrepancies concerns Building 2. The court recorded a height of 25 meters, compared with the permitted height of 20.78 meters. The building was therefore constructed 4.22 meters higher than authorized under the permit.
Other buildings also differ from the drawings approved as part of the building permits.
The developer argued that construction of those buildings was based on structural drawings submitted at a later stage. However, the court determined that subsequently submitted structural drawings do not automatically become part of an existing building permit.
The deviations were therefore considered violations.
No demolition order
The judgment does not, however, mean that the entire The View project has been declared illegal or that the buildings must be demolished.
The court did not impose a construction stop covering the entire development and did not order the demolition of the six buildings.
Neither does the ruling establish that subsequent legalization of the deviations is legally impossible.
That distinction is important because Save Zakitó argues that changes to approved projects should first receive government authorization before developers proceed with construction, rather than being built first and potentially legalized afterward.
Building in accordance with the permit issued by government is the legal starting point. The case nevertheless demonstrates that a deviation from an existing permit does not automatically result in demolition.
Safety concerns not established by ruling
Save Zakitó has also used the controversy to call for independent examinations of structural safety at major developments, including foundations, stability, structural loads, fire safety and earthquake resistance.
The court ruling, however, did not establish that The View's buildings are structurally unsafe.
No conclusion was reached in the judgment that the buildings fail to comply with technical safety requirements. The confirmed violations concern deviations from the approved building permits and drawings.
That distinction separates two issues now being raised in the public debate: whether a development was constructed according to its permit and whether the completed structure is technically safe.
Save Zakitó wants stronger government oversight covering both areas.
Public access to construction records
The movement is calling for a public register where residents can follow major construction projects and examine permits, approved changes, inspections and environmental requirements.
Such a system, according to Save Zakitó, could make it easier to determine whether changes made during construction have received the necessary approval.
The View case has consequently become part of a broader debate over how Curaçao supervises its construction boom as tourism and real-estate investment continue to drive large developments.
Save Zakitó maintains that economic development should continue, but argues that government supervision must be capable of ensuring that what developers ultimately build corresponds with what authorities approved.