Buying AnD building

I haven't seen this adhered to very much in my travels as people tend to build right on top of one another but, here you go.


EASEMENTS, SETBACKS AND RESULTANT EASEMENTS REFER TO 3 DIFFERENT THINGS UNDER PH LAW. The 3 terms are NOT interchangeable as the measurements differ.                                                                       
1) Easements under Article 670 of R.A. No. 386, the 1949 New Civil Code of the Ph, are at 2.0 m reckoned from the property line up to the approximate centerline of a wall where a glass window is assumed to be located (i.e. the nearest the eyes can get to an adjoining property), and is primarily for the protection of privacy and against various forms of nuisance e.g. noise, odors, etc. The satisfaction of the easement means that there shall be no enclosed or semi-enclosed floor projections at the upper floors i.e. the open space above the resultant yard is maintained all the way up to the roof eaves line (please also refer to excerpts hereafter)                                                   
2) Setbacks under P.D. No. 1096, the 1977 National Building Code of the Ph (NBCP) are at about 2.0 m reckoned from the property line to the outermost face of a wall i.e. a distance to be maintained all the way up (also with no enclosed or semi-enclosed floor projections at the upper floors), and is primarily for the maximization of natural light and ventilation.
3) The RESULTANT easement is at about 2.075 m at the minimum i.e. reckoned from the property line up to the approximate centerline of a wall where a glass window is assumed to be located, because the 2.0 m setback under the NBCP discussed hereafter also has to be satisfied. If the glass window is flush with the exterior wall face of the building, then the RESULTANT easement is theoretically 2.0 m PLUS the thickness of the glass window.       
4) Of the 3 above, the RESULTANT easement is strictest (most stringent as it would be deeper by anywhere from 2065 mm to 2.075 m at the minimum) and that is why wall centers should be measured about 2.075 m at the minimum from the property line (assuming the exterior wall has NO plaster finish) i.e. NOT just 2.0 m from the property line.  If the wall has cement plaster finish (at say a minimum of 1/2 inch thick on each side, then the wall center shall be at 2.1 m from the property line. The wall center may be made deeper (for the purpose of determining the RESULTANT easement), particularly if there is thicker plaster finish and if the glass window remains at the center of such wall. Thanks.     
5) Excerpts from R.A. No. 386 follow :     
Article 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)

Article 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)

Article 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)

Article 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)

Dannysf73 wrote:

Hello. I have a question for you all. Me and my wife are wanting to buy land in the PHL. She is a Filipina citizen. My question is about building. We wanted to buy land and make a house for ourselves . But also on this same lot of land (1200sqm +/-) we wanted to make a house for my mother. Is it legal to do so on the same property?  And if so what is the space are they required to have from each other and the property line? We are thinking of Batangas area . If anybody knows can you please send me the link and what building code it is? I can't seem to find it. Thanks in advance

Most or all of the answers you are looking for can be found here.

http://www.chanrobles.com/republicactno … WM6hEpOK01

Our house was built and designed by an architect in Makati with over 40 years experience and plenty of positive references from residential to large commercial projects.  We were lucky to have him.
Our home was built with the exterior walls 2 meters from the property line. If the two homes are very close, there are also minimum distances for the soffits of the homes and how close they may be to one another.   Many people will no doubt tell you that it doesn't matter if you follow the rules, that attitude is why there are problems with sub standard building in the RP. That decision is up to you.

You can build two homes on your 1200 sqm lot, though keep the distance far enough apart to negate the requirement for firewalls for homes that are built close together such as you would find in a subdivision.

Make sure your property is not listed as agricultural, you may not be able to build on it.   

The soil on which you build will also need to provide for proper drainage and a strong foundation.

Are the concrete blocks made properly with the right mix of materials? Is the rebar the right size and installed properly?  What are the electrical requirements, plan for expansion.  Is the concrete being mixed properly?  If you're using any wood (hopefully not) in your home, make sure it have been treated thoroughly with a termite treatment, they will eat your home in no time. 
For plumbing I would suggest using PPR pipe (usually white or green in color), it is mechanically welded at the joints and does not leak or come apart as do improperly primed, sanded and glued joints in the traditional blue pipe here.  We used it in our home, well worth the peace of mind. It can be found in most hardware stores and home centers.

Any steel that is used in your home, such as would be used for trusses, etc. should be painted with an epoxy paint (mixed properly) to prevent rust. Two coats.

Watch for the quality of the welding work being done and how your roof is attached to your home,  Improper welds break easily in earthquakes and high winds. 

Make sure you approve of the design and size of your septic tank.  Many just dig a hole not deep enough and without baffles.  Most have no leach line, though with your lot being 1200 sqm you should be able to have a leach line. 

One more item comes to mind. We have two acquaintances who have built  homes and have had problems with their tile cracking.  Use tile adhesive (not cement) and tile spacers for correct spacing between the tiles (allows for movement without cracking).  If you need to replace a tile that has been cemented into place, it is a real pain. With tile adhesive, replacement is fairly easy without damaging adjacent tiles or having to chip out the cement.  The two homes that had issues used cement to secure the tiles and improper spacing between the tiles.  Both had problems with cracking and replacement.  Your grout lines should be clear and clean between the tiles and not filled with adhesive (or cement).  Lessons learned.

Another helpful link for building a home here, start to finish.
https://myphilippinelife.com/building-o … use-index/

Regards.

Thank you so much guys. Very very helpful info. Teejay4103 Do you think you can give me the name of the architect?also if you liked the builders work could you please direct me in their direction so when the time comes I will have all this info handy. we are hoping to get things started maybe this year. Thanks so much

Dannysf73 wrote:

Thank you so much guys. Very very helpful info. Teejay4103 Do you think you can give me the name of the architect?also if you liked the builders work could you please direct me in their direction so when the time comes I will have all this info handy. we are hoping to get things started maybe this year. Thanks so much

PM sent with the architects contact information.

Dannysf73 wrote:

Hello. I have a question for you all. Me and my wife are wanting to buy land in the PHL. She is a Filipina citizen. My question is about building. We wanted to buy land and make a house for ourselves . But also on this same lot of land (1200sqm +/-) we wanted to make a house for my mother. Is it legal to do so on the same property?  And if so what is the space are they required to have from each other and the property line? We are thinking of Batangas area . If anybody knows can you please send me the link and what building code it is? I can't seem to find it. Thanks in advance

Hi Danny and welcome to the forum, hope you glean lots of info and it appears plenty has come already from two contributors and a wealth of knowledge from them including links that I have also read over the years.
Not all is equal though and depends very much on the local municipal for your Barangay, definitely something to look into but the advice given so far sounds realistic and correct. Again one has to ask the questions relative to where you are building and as already advised here to look at zonal qualifications/restrictions.
Example: Our titled lot of some 1,700M2 has 2 classifications, from memory 800m2 is residential, beachfront and the balance to the rear, road access is rural, we also have a tax declared lot from our titled boundary to the high tide mark, only temporary/movable structures can be placed on this land, ie a Kubo/nippa hut, trees etc.

As for building legalities within our locale, firstly it seems we can have as many buildings/structures on our titled lot as we see/deem fit but will pay local rates for each detached addition as we do now with the main house and then a detached studio, two lots of rates for buildings, land also, titled and tax declared. If we roof over the whole lot then it becomes one lot of rates but of course at a higher value, can't win em then join em. Go get em/join, employ the game and know your situation. and in the end we pay rates and abide by local building laws and fees. Cheap by western standards.
For boundary building requirements because we are on (800M2 of residential land) build to the neighbouring boundaries as long as the adjoining wall/residence is fire rated, no windows and advised by the Municipal and an architect to construct the "building/Residence" 25.4mm off the surveyed building line (recently done) so prospective perpetrators/adjoining owners cannot save money by incorporating their design using your hard earned cash/fire rated construction, build your own mate.

All in all so far good advice offered and honestly get to ground, taste the flavours and seriously research and hard yards for the area you choose to live/retire to, most do and some don't, your situation? Extended family I can only offer one suggestion, again depending on local and social requirements also family situation would be to build your home (large) incorporating extra bedrooms/living/kitchen and ablution arrangements to negate the need for extra taxes or excuses.

Waffle on as I do I am sure you get some ideas now from a few perpetrators from different walks of life and as I always say, research and then some not only here or other expat sites, google. At the end of the day a decision to move to another country requires due diligence and then some. I'm sure your'e aware of that.
Sorry for my always long diatribe.

Cheers, Steve.