Jump to content
Sign in to follow this  
datkins587

40 meter beach setback to build

Recommended Posts

datkins587

Just when I think I found a suitable beach lot to build on I find out about the 40 meter setback, which would push house to back corner of lot with no real ocean beach view per say. 

Is there a legal way around this law. I'm strictly talking about a legal way so bribing barangay officials won't work for me. Wouldn't want the chance of losing my home later.

  • Thanks 1

Share this post


Link to post
Share on other sites
Ozepete

Yes, a few years ago when they started enforcing that law, I heard several private building extensions and 'resort' type structures even those built on pre titled land, were ordered to be removed if additions were built without correct permits. There was a lot of discussion about here on LinC from memory. 

  • Like 1

Share this post


Link to post
Share on other sites
MickyG

Not just that but if the beach is eroded your set back is going to be in trouble.  Maybe build a house on wheels just in case?

Edited by MickyG

Share this post


Link to post
Share on other sites
Headshot

It does appear like there is no way around DENR regulations. People here used to just ignore environmental regulations, but anymore, they come in and shut you down if you do. And they will tear your stuff out or force you to do it. The rules don't just apply to buildings either. Any structure, such as a wall, jetty or dock, is also included in their rules. Maybe private beaches are a thing of the past.

That said, it may still be possible to get a permit to violate the separation rules, but I would suggest that anybody who wants to do so go through the proper channels. Trying to skirt the regulation will only cause you grief and huge losses.

  • Like 2

Share this post


Link to post
Share on other sites
fred42

40 meters does sound excessive.. Worth double checking. Where we are it`s 20+5 meters.
 

  • Like 1

Share this post


Link to post
Share on other sites
SkyMan
5 hours ago, Ozepete said:

Yes, a few years ago when they started enforcing that law, I heard several private building extensions and 'resort' type structures even those built on pre titled land, were ordered to be removed if additions were built without correct permits. There was a lot of discussion about here on LinC from memory. 

Lots of places on Bantayan got bulldozed as I recall. 

  • Thanks 1

Share this post


Link to post
Share on other sites
cogon88

This is getting enforced since Yolanda and its 40 meters from the high tide mark and it applies through out the Phillippines

 

  • Like 2

Share this post


Link to post
Share on other sites
RangerUp

 

1 hour ago, cogon88 said:

 its 40 meters from the high tide mark and it applies through out the Phillippines 

Does that 40m includes vertical height, because on Lapu Lapu there are houses all around the edge of the rocky 'cliffs' with the beach directly below.

Share this post


Link to post
Share on other sites
HTM
5 hours ago, Headshot said:

That said, it may still be possible to get a permit to violate the separation rules, but I would suggest that anybody who wants to do so go through the proper channels.

Yes that's in the law,

AND remember ALL waters belong to the State, also ground waters,

  • Like 1

Share this post


Link to post
Share on other sites
cogon88
9 hours ago, RangerUp said:

 

Does that 40m includes vertical height, because on Lapu Lapu there are houses all around the edge of the rocky 'cliffs' with the beach directly below.

Just found this set back is 3 Meters in Urban setting 40 Meters Agricultural 

https://www.scribd.com/document/56825873/Philippine-Law-on-Shorelines

  • Like 1

Share this post


Link to post
Share on other sites
TequilaSunset

This all makes sense now, I am seeing an increase in "Beach Front" property for sale on FB.

Share this post


Link to post
Share on other sites
datkins587

thanks for all the replies, not going to chance it. Some say 20, some say 40 but the area I was about to buy has yellow cement posts saying 40 meter no build zone along main road in various places. Even though its classified as agricultural land on title and the tax docs which should be 20 meters. Typical Filipino laws unclear as hell.

Share this post


Link to post
Share on other sites
to_dave007
16 hours ago, MickyG said:

Not just that but if the beach is eroded your set back is going to be in trouble.  Maybe build a house on wheels just in case?

My Canadian friend has lived in this place on the beach for 22 years now, but lost about 4 to 5 meters of beach in the last year.  It ebbs and flows, but with all the sand removal from the river I suspect it's going to ebb more than flow for few years.

Setback is currently about 15 meters..  maybe a little less..  But this place was built at a time when permits weren't important.  He has no enemies, and he's 82, so likely he'll live out his life without any set back issues.

BTW..  Looks nice in this photo..  but doesn't look so nice at annual high tide coincides with on shore wind.  He's evacuated for 3 or 4 typhoon when water came right underneath the house.  He's pretty philosophical about it.  "what?  me worry?  why would I do that"

1483108967_DSCN2849(3).jpg.f191da1613aa129d79b7420dae4920cc.jpg

Edited by to_dave007
  • Like 2

Share this post


Link to post
Share on other sites
Dafey

To the best of my knowledge if your house was titled before the law was enacted and your house was built prior to the law, you are grandfathered in and do not need to move your house.

Does anyone know when the law was enacted?

Share this post


Link to post
Share on other sites
BossHog
4 minutes ago, to_dave007 said:

But this place was built at a time when permits weren't important

If the structure is built from "native materials" then I believe you are exempt from the building setback code. Looks like your friends's place meets the native materials requirement.

  • Like 3

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

  • Commercial Banner Advertisers

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..