SB Malay Fixes Height Limits For Boracay Structures

by Odon S. Bandiola

Above is an example of a structure which has violated building code and municipal ordinance in Boracay Island and is subjected to demolition. 

The 16th Sangguniang Panlalawigan of the Province of Aklan has approved an ordinance enacted by the Sangguniang Bayan of Malay which increases the height limitation of buildings and structures in the resort island of Boracay.

Through Municipal Ordinance No. 328, Series of 2013, LGU Malay sets the maximum height limit not to exceed sixteen meters-5-storey buildings to be constructed one hundred (100) meters away and beyond the buffer zone provided that the lot area shall be 5,000 square meters but less than two hectares. 

A 20 meter high building or six storeys shall be allowed to be constructed within the same distance from the buffer zone provided that the lot area is two hectares and above.

The height limits are exclusive of the height of added fixtures which height must not exceed two meters like the elevator machine room, stairwell canopy, water tank at the rooftop and antennae, except for the roof deck railing which height must not exceed 1.2 meters.

The ordinance sets the buffer zone – setback distance of at least 12.5 meters from the center of the road.

The same Ordinance also fixes the required open spaces of 50 percent of the total lot area of 5,000 square meters but less than two hectares, and 60 percent of the total lot area of two hectares and above. 

The use of the open spaces shall be limited to pools, landscaping, pathways, yard or patio and parking space. The open spaces required shall neither be subject of lease, nor it can be sold. 

Under the same ordinance, any (building) applicant or proponent is required to post construction/development bond amounting to five percent of the total project cost but not to exceed one million pesos (P1,000,000).

To be posted at the Office of the Malay Municipal Treasurer, the bond shall be used by the LGU to charge fines for any environmental or construction infraction or violation. /MP