Building Setback

Building Setback

By: Rommel S. Reyes

First of all let us define what a building setback is? A building setback refers to an open space measured between a building wall up to the lot boundary or the property line; this can either be the backyard, side yard or the front yard, it is sometimes refers to as a court. Building setback is appropriate to either socialized housing projects with a lot area of not less than one hundred square meters or to a multi storey or high rise building located in an urban area with their minimum lot area requirement. There are no problems to apply building setback to a larger lot area.
Under our Civil Code of 1950, particularly article 670 of the code and also known as the property law, the provision states that “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 non-observance of this distance does not give rise to prescription.” But article 669 of the code provides that “when the distances in article 670 are not observed, the owner of the a wall which is not a party wall, adjoining a tenement or piece of land belonging to another, can make in its openings to admit light at the height of the ceiling joists 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.” The 2.00 meters mention in article 670 refers to the setback requirement. While the 0.30 square meters opening mention in article 669 refers to the lighting or ventilation requirement, the 60 centimeters mention in article 670 refers to a corbel or a bay window projecting and allowing side viewing.
On the National Building Code of 1977, chapter VIII section 804 of the law provides that “the minimum horizontal dimension of court shall not be less than 2.00 meters. The court herein refers to the setback requirement. And this code was further amended through the implementing rules and regulation issued by the Secretary of the Department of Public Works and highways published in a national newspaper on April 1, 2005 where the setback may increase depending of the uses of the building. In the amended rules side yard and backyard remains at 2.00 meters while the front yard may increase depending on the road right of way. Meaning the wider the road right of way becomes the greater the area of front yard turn out to be. With respect to high rise building, the greater the height of the building becomes the setback requirement increases by 300 millimeters or 0.30 meters of every floor up to 14th floor. You will observe that the wall of the building becomes like a face of a stairs. But the Architect who will design the building may go directly using the maximum setback requirement for high rise building which will sum up of or a total of 6.20 meters from the property line. The area for setback can be utilized by providing a firewall of two (2) hours fire resistant in the property line without any opening.
The setback requirement is important to apply now a day in designing buildings. This will prevent the spread of fire and to enjoy light and ventilation, good orientation, air space and the right to privacy. This setback must be enforce and implement properly by the competent agency concerned. And the Architect who drew the plans must consider the setback requirement and apply them or incorporate them as part of the design requirement. Otherwise, they are believed to be ignorant of the law and they are not excuse from compliance therewith.
If there will be conflict as to the interpretation of the laws, in the legal parlance, when there are two conflicting laws, concern must be given to the special law. Meaning, the Civil Code is a general law while the National Building Code is a special law, in this case, the building code must prevail over the Civil Code. We have to observe the rule of law, and must enforce them accordingly by the concerned agency, or else, if not implemented by those persons in authority or by the designing architect, then, we rather think about the other law, which is the “Law of karma”.