JUST IN CASE YOU MAY BE WONDERING WHY THERE IS NEED FOR SETBACKS, YARDS AND OPEN SPACES ON YOUR LOTS/ PROPERTIES. The following are the primary legal bases for the MANDATED EASEMENTS OF LIGHT AND VIEW prescribed under Chapters VII and VIII of P.D. No. 1096, the 1977 National Building Code of the Philippines (NBCP) and under Rules VII and VIII of the 2004 Revised IRR of the NBCP, to wit: “Republic Act (R.A.) No. 386 June 18, 1949 The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES x x x Title VI. – USUFRUCT x x x Chapter 2 Legal Easements x x x SECTION 5. - Easement of Light and View x x x Art. 669. When the DISTANCES in Article 670 are NOT observed, the owner of a wall which is NOT party wall, adjoining a tenement or piece of land belonging to another, can make in it OPENINGS TO ADMIT LIGHT at the height of the ceiling joints or immediately under the ceiling, and of the size of THIRTY CENTIMETERS SQUARE, and, in every case, with an iron grating imbedded in the wall and with a wire screen. Nevertheless, the owner of the tenement or property ADJOINING the wall in which the openings are made CAN CLOSE them should he acquire part-ownership thereof, if there be no stipulation to the contrary. He can also OBSTRUCT THEM by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an EASEMENT OF LIGHT has been acquired. (581a) Art. 670. NO windows, apertures, balconies, or other similar projections WHICH AFFORD A DIRECT VIEW upon or towards an adjoining land or tenement can be made, WITHOUT LEAVING A DISTANCE OF TWO METERS between the wall in which they are made and such contiguous property. Neither can SIDE OR OBLIQUE VIEWS upon or towards such conterminous property be had, unless there be a distance of SIXTY CENTIMETERS. The NONobservance of these DISTANCES does NOT give rise to prescription. (582a) Art. 671. The DISTANCE referred to in the preceding article shall be measured in cases of DIRECT VIEWS from the OUTER LINE OF THE WALL when the openings do not project, from the outer line of the latter when they do, and in cases of OBLIQUE VIEW from the DIVIDING LINE between the two properties. (583) Art. 672. The provisions of Article 670 are NOT applicable to BUILDINGS SEPARATED BY A PUBLIC WAY or alley, which is NOT LESS THAN THREE METERS WIDE, subject to special regulations and local ordinances. (584a) Art. 673. Whenever by any title a right has been acquired to have DIRECT VIEWS, balconies or belvederes OVERLOOKING an adjoining property, the owner of the SERVIENT ESTATE cannot build thereon at less than a distance of THREE METERS to be measured in the manner provided in Article 671. ANY stipulation permitting distances LESS than those prescribed in Article 670 is VOID. (585a)” (emphases mine) The NBCP is a body of general national development controls that only prescribes the MINimum building standards, e.g. MINimum setbacks for light and view on a property. As such, the MINimum setbacks prescribed under the NBCP could be readily exceeded by STRICTER (OR MORE STRINGENT) development controls that may be imposed by another national Government agency, by LGUs or by private associations such as subdivision or condominium associations. However, the reverse is NOT true i.e. other national Government agencies, LGUs or private associations such as subdivision or condominium associations CANNOT lawfully RELAX (or make less strict or less compliant) the MINimum standards under the NBCP. In the latter case, the public or private entities shall become criminally and administratively liable for the violation of the NBCP, without prejudice to separate charges of willful violations of the Civil Code. Lastly, the NBCP operates via TRIAGULATION i.e. the STRICTEST rule that shall result in the LEAST floor area, building height, building volume, footprint, architectural projection, etc. MUST prevail (and MUST be complied with by regulators, designers, constructors, designers, etc.). Thanks.
Posted on: Sun, 31 Aug 2014 02:30:01 +0000
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