A legal row has developed over the Government’s plans to demolish derelict homes to make way for affordable housing.

Shadow Housing Minister Senator Kim Swan claims the Government cannot raze dilapidated buildings without a change in the law, but the argument has been refuted by project manager Paul Wilson.

Ministers want to rebuild more than 100 empty properties on the island to meet the need for affordable homes.

They are appealing for absent owners to come forward and participate in a scheme in which the Government pays the renovation costs and claims its back through rent.

Ministers say the 1950 Amenities (Control of Ruinous Structures) Act states it is illegal to own derelict property and so owners must either let the Government fix it up or foot the bill themselves.

The Bermuda Housing Corporation will fund the work and then let the house out, recovering costs through a proportion of the rent.

If the owner refuses to join the scheme, the Housing Task Force will take charge of the property by demanding a written account of the owner’s intentions and an estimated date of completion of work.

Last night however, Sen. Swan claimed ministers would have to change the law before they could carry out the scheme.

He said: “The recent announcement to utilise the Amenities Act 1950 will require the Government to amend the legislation before carrying out the initiative.”

Quoting Section 3 of the act, he said it restricted ministers to issuing orders for properties where “the structure is unsightly and is conspicuous to a material degree in the view of persons in any public place”.

Sen. Swan added: “Notwithstanding, however well intentioned the Government’s plan may be, the mandate of the act limits the scope of works the minister can direct.”

He said this was “the screening of the ruinous structure from view of persons in any public place”, such as by fencing or planting.

Sen. Swan added that any stone or brick buildings were also protected by section 5 of the act, which says the Government must consult with the Bermuda National Trust before carrying out any demolition or renovation.

Although the UBP welcomed moves to rid the island of drug dens and increase the availability of affordable housing, Sen. Swan said the Government had reneged on its 1998 election pledge to deal with derelict housing.

“The issue of restoration of derelict houses continues to be at the centre of election promises and it is imperative that we move beyond this stage,” he said.

The Housing Task Force last night refuted Sen. Swan’s claim that the Government did not have a legal claim to initiate the scheme.

Project manager Paul Wilson said: “The argument that Sen. Swan put forward has already been examined by the Government. We are aware of what he has suggested and we’ve already looked into it, so we are ahead of him.

“The Housing Task Force has thoroughly researched the laws relating to the development.”

He quoted sections 3, 4, 5, 6 and 7 of the Amenities Act, plus the Bermuda Housing Act 1980; the Development and Planning Act; the Public Health Act; the Buildings Act 1988; and the Department of Works and Engineering Act 1984.