City tells developers: Follow three-meter easement rule

CEBU, Philippines —  Cebu City Councilor Jerry Guardo has advised developers to ensure that their subdivision plans are compliant with the 3-meter easement rule before starting the construction within their property line.

“We are very strict on it, so before we issue or approve ang ilahang subdivision plan, we have to make sure nga compliant sila sa requirement,” said Guardo.

Guardo visited yesterday the subdivision in Barangay Pit-os wherein at least seven structures have been affected after a portion of the riprap caved in last week following incessant rain.

He said based on his personal assessment, the structures along the creek which is part of the Butuanon River, did not comply to the 3-meter easement requirement.

Architect Florante Catalan, Office of the Building Official (OBO) head, said that the subdivision has 105 units, and 52 of these are along that creek.

Guardo said the city government will conduct a clearing operation on the area to restore the 3-meter easement which will affect a portion of the houses built along the creek.

He said they will meet with the developer to come up with a win-win solution.

“Kay this is already a private property, ang ato lang ang compliance nila sa how we can also recover the 3-meter easement, so we have to sit down gyud sa developer. Dunay man guy inconvenience, unsay arrangement nila sa tenant nila,” said Guardo.

Catalan said that upon checking, OBO found out that the developer was able to secure a building permit way back 2011, and its occupancy permit was approved on 2012.

“Based on the plans nga among nakita kahapon, compliant ra siya, naa siyay setback, then sa occupancy naman, since naissuehan siyag occupancy way back 2012 so compliant sila,” he said.

However, during the inspection yesterday, they saw that the setback requirement which is the open space at the back of the houses were also occupied.

“But now, ang atong nakita during the inspection, some of the balay, nag-extend sa likod which is dili gyud unta to kay ang atong gi-approve is beyond raman sa atong minimum nga setbacks, so naa gyud siyay approved nga building permit,” Catalan explained.

“Atong nakita dira, naay kural but wala mi nakita didto na application for fencing so ang fence nga natindog ana is mahug nga illegal nga na-construct,” he added.

As to the retaining wall, he said they are yet to identify on who developed it, adding that based on the OBO records there was no application for the retaining wall.

Catalan stressed that if there will be a construction of extension in the houses, this will have to pass through their office for approval.

“Ang mo-approve og naa kay extension sa imong balay is not the developer, it's our office. The developer will make the plans and then apply to the office prior sa implementation sa additional nga structures,” he said. — FPL (FREEMAN)