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datkins587

40 meter beach setback to build

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to_dave007
1 minute ago, BossHog said:

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.

It does.  Though the CR has some concrete.

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cogon88
14 minutes ago, Dafey said:

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?

here is the law. https://www.scribd.com/document/56825873/Philippine-Law-on-Shorelines

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Dafey

Yes, I perused that but did not see a definative of "when" it took affect. Do you know?

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Soupeod
12 hours ago, cogon88 said:

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

 

What Cogon said is what the lawyer told me yesterday.  There are some different rules and I do not know all the answers as my Broker and Wife were the ones doing the work. I have been running around the last two days trying to figure this out as well.  I am buying a house near the ocean. 

10 hours ago, HTM said:

Yes that's in the law,

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

The lawyer said this as well.

10 minutes ago, Dafey said:

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?

The lawyer said this as well.   From what I understand, the law went into effect after Yolanda. 

My BIL also told me this:

Quote

Gud Morning Bro,, its better to go in Municipal Planning and Development Office, and ask if there was zoning clearance release from that office... And get some information to the engineering office if he have some building permit....

We went to the [email protected] office yesterday and the house we are looking at had an extension approved the the Eng office prior to Yolanda.

So, to answer the Ops question is, go to the [email protected] office, Eng office, also, the lawyer stated that DNR/DENR(sp?) can give you a lease on Gov land for 20 years if they approve.

From the news I saw this past year the Phil Government is worried about people building in conservation areas i.e Mangrove.

Hope that helps.

 

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Dafey

What year was that house titled Soup?

Also, I was looking at the chart and your area is not in red so not being enforced. Palompon is but they have a huge Mangrove forest protecting their shore.

image.thumb.png.a39b49414c2d33792f7917b62bef3939.png

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cogon88
12 minutes ago, Dafey said:

Yes, I perused that but did not see a definative of "when" it took affect. Do you know?

Looks Like it went into effect in 2006 but many structures in Boracay were built before 2006 and were condemend by DENR 

The Philippines, through the passage of ExecutiveOrder No. 533 in 2006, has adopted Integrated CoastalManagement (ICM) as the national strategy to ensure sustainable development of the coastal and marineenvironment and resources.

http://faspselib.denr.gov.ph/sites/default/files//Publication Files/3. FORESHORE_FINAL..pdf

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Dafey

Again, the way I understand it, if your house was titled before the law went into affect, you're okay

Edited by Dafey
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cogon88
15 minutes ago, soupeod said:

What Cogon said is what the lawyer told me yesterday.  There are some different rules and I do not know all the answers as my Broker and Wife were the ones doing the work. I have been running around the last two days trying to figure this out as well.  I am buying a house near the ocean. 

The lawyer said this as well.

The lawyer said this as well.   From what I understand, the law went into effect after Yolanda. 

My BIL also told me this:

We went to the [email protected] office yesterday and the house we are looking at had an extension approved the the Eng office prior to Yolanda.

So, to answer the Ops question is, go to the [email protected] office, Eng office, also, the lawyer stated that DNR/DENR(sp?) can give you a lease on Gov land for 20 years if they approve.

From the news I saw this past year the Phil Government is worried about people building in conservation areas i.e Mangrove.

Hope that helps.

 

Suggest you go to the DENR yourself and get the info directly from them they can also issue a permit for the beach use, the reason the house may be for sale is of the set back law being enforced. Never trust a Broker or Lawyer in the Phillippines  to give you a straight answer I learned that the hard. way

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Soupeod
11 minutes ago, Dafey said:

What year was that house titled Soup?

2006 - 2008? Can't remember.  and he did the extension via the Eng office.  The [email protected] office said No problem yesterday while I was sweating bullets.  

Edited by soupeod
updated
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Jawny

https://lawphil.net/statutes/presdecs/pd1976/pd_1067_1976.html

The presidential decree is not the only source of guidance.  Various agencies such as DENR, DPWH Fisheries and forest agencies etc will have some input to the use of land near to water.  

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datkins587

2006 or 2008 I thought Yolanda was in late 2013.

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Headshot
1 hour ago, Dafey said:

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?

There is no such thing as ex post facto in Philippine law. Laws here are often retroactive to include what existed before the law was written. So, unless you know for sure that a law does not affect existing conditions, don't assume it does. The only way you would know that would be to read each law that concerns you. Laws are only not retroactive if they state that is the case. That would also be a good way to discover the date the law was passed.

Edited by Headshot

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cogon88
14 minutes ago, datkins587 said:

2006 or 2008 I thought Yolanda was in late 2013.

laws been in effect many years before Yolanda was never enforced but after 8,000 dead they are now starting to enforce it 

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Soupeod
22 minutes ago, datkins587 said:

2006 or 2008 I thought Yolanda was in late 2013.

Yes, prior to Yolanda.  The [email protected] office said no further extensions are allowed now after Yolanda.   But that is here and as I said earlier and others have stated there are many different Gov agencies involved.  Check with your [email protected] office and get the word from your Government Official. 

Edited by soupeod
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fred42
14 hours ago, cogon88 said:

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

 



No it does not apply throughout the country..Only specific areas.
20 meters where we are...Boracay 30 meters.

 

Edited by fred42

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