PART SIX: OVERSEAS COLLECTIVITIES GOVERNED BY ARTICLE 74 OF THE CONSTITUTION

The collectivity exercises the powers devolved by the laws and regulations in force to the communes, as well as those devolved to the department of Guadeloupe and the region of Guadeloupe.

Under the conditions set out in article LO 6251-5, the local authority may adapt the laws and regulations in force locally.

I. – The local authority shall lay down the rules applicable in the following matters: 1° Taxes, duties and fees under the conditions provided for in Article LO 6214-4; land registry; 2° Town planning; construction; housing; accommodation; 3° Road traffic and road transport; maritime services of territorial interest; registration of ships; sailing licences and permits for pleasure craft for personal use not subject to free registration; creation, development and operation…

I. – The collectivity of Saint-Barthélemy shall exercise the powers it derives from 1° of I of Article LO 6214-3 with regard to taxes, duties and fees in accordance with the following provisions: 1° Natural persons may only be considered as having their tax domicile in Saint-Barthélemy after having resided there for at least five years. Corporate entities may only be considered as having their tax domicile in Saint-Barthélemy after…

Under the conditions set out in article LO 6251-3, the local authority may participate, under the supervision of the State, in the exercise of the powers vested in the State in matters of criminal law with a view to punishing infringements of the rules it lays down in the matters referred to in Article LO 6214-3 and in matters of maritime policing and safety.

The State and the collectivity of Saint-Barthélemy exercise, each insofar as it is concerned, their right of ownership over their public domain and their private domain. The local authority’s domain includes, in particular, property that is vacant and without a master, including securities, shares and cash deposits reached by prescription within the time periods provided for by the legislation applicable to the State’s domain and those of persons who die…

The local authority may make inter vivos transfers of landed property located on its territory or of social rights relating thereto subject to a declaration, with the exception of donations in direct or collateral lines up to the fourth degree. With the aim of preserving the social cohesion of Saint-Barthélemy, guaranteeing the effective exercise of the right to housing for its inhabitants and safeguarding or developing natural areas, the local…

Within the framework of the legislative provisions relating to the postal service, the specific conditions under which this service is provided in Saint-Barthélemy are specified and adapted, if necessary, by an agreement between the State and the local authority.