27/10/2016
Realtors score conflict in nat’l and local laws
by Rimaliza A. Opiña
Even those in the real estate industry are confused about the implementation of laws governing construction and development.
In a meeting with realtors during their national conference in Baguio City recently, Chamber of Real Estate and Builders’ Association national president Charlie Gorayeb said requirements of licensing agencies, aside from the requirements by local government units are often conflicting and add many layers in the processes governing development.
He cited issuance of locational clearances in subdivision projects. He said issuances of such clearances are a function of the Housing and Land Use Regulatory Board but there are LGUs that also require developers to obtain a clearance from their respective city or municipal councils.
“It’s a continuous debate. Which is superior? National laws or ordinances?” Gorayeb said and expressed hope that Congress will concentrate on reconciling issues such as what he raised, rather than spend its time investigating issues “in aid of legislation.”
Like what Gorayeb pointed out, Baguio experienced a similar situation raised by the Creba president.
In 2012, the city council debated on how to resolve licensing procedures implemented by national government agencies vis-à-vis ordinances. At the time, city officials disapproved of the construction of an eight-story building at Session Road. The Zoning Ordinance limits the height of buildings to six stories.
Construction of the building proceeded when the owners apparently were able to obtain exemption from the Department of Public Works and Highways’ National Building Code Development Office.
Currently the city’s Zoning Ordinance now allows construction of buildings with a height of over six stories, but this has to pass a soil test and other requirements of the Local Zoning Board.
Aside from Congress reconciling conflicting local and national laws, approval of an LGUs comprehensive land use plan would help protect interests of LGUs, Gorayeb said.
He said a land use plan is the answer to issues governing land use.