# Gate must swing inward?



## Maxx62 (Dec 31, 2013)

To make a long story short, we now have a dispute with a neighbor who has decided to modify the main gate of his compound, so that it now swings outward, out across his own property line onto our main access road. So someone else in our family will probably deal with this at the barangay office, but what I'd like to know, is, does the information in the below attached information from the National Building Code of the Philippines (see Section 6.01.07: Doors) refer only to doors, or does it also include the main gate of a compound? Any info or experience in this area greatly appreciated. 


below


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## art1946 (Nov 30, 2017)

hey Maxxx62

I am a class C contractor in Florida. the interpretation of a door is vaguely written. A gate could be classified as a door. When the owner opens up the swinging structure and it crosses into the main thoroughfare, it breaches the written ordinance of the statute written here in 6.01.07. I believe that would be interpreted as an illegal structure. Doesn't make a difference if it is called a door or gate. They both swing open.

Hope you get this solved.

art


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## bigpearl (Jan 24, 2016)

Maxx and art, agree 100%. Not only does it block your view leaving the property but blocks pedestrians traversing the road.
I have seen a number of gates that open outward around our area and I have been looking at automatic gate openers online for our property and have come across quite a few videos showing how the gate openers can also be set up to open the gates onto the street, many examples and it appears that happens on small lots where there is not enough space for the car and the gates to open inwards. Sliding gates are the answer.

Welcome to the Philippines. I, like art hope you can resolve this and not get on the wrong side of the neighbour.

We recently had an incident here where the finger was pointed at us for reporting a neighbour removing beach sand from her lot next to us, selling it. Barangay Capitan made them bring it all back, 6 truck loads and they were still mining when he fronted up.
Yep we got the blame for reporting her, we had to get the Capitan to confront her and confirm it was not us but he would not tell her who it was ( I know who it was ) Things here can blow up same as all countries. 

Slow and steady Maxx.

Cheers, Steve.


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## Zep (Jun 8, 2017)

Nothing wrong with a gate opening into a street but it would be something you would not leave open. As long as you just open it to get in and out or your vehicle in and out then no one should complain. Now if it is left open and is blocking access then that's a problem.


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## Maxx62 (Dec 31, 2013)

Thanks for the in put, everyone, I really appreciate it. No worries, I won't be the one to get my fingers dirty, I'll let my sister-in-law deal with it. She's known locally as the "Dragon" and she enjoys going to the barangay.


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## Gary D (Oct 28, 2013)

Using beach sand for building, sure way for your house to fall down in a couple of years. along our road there is a small house squatting on the verge between a big drop down to a rice paddy. They have a mesh front door that opens in to the road which is barely wide enough for two tricycles to pass. This door/gate is left open perminantly all day and sticks out into the road by about a foot. One day I'm going to flatten it against their wall with my truck. I don't think the shack is deep enough for it to open inwards.


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## Zep (Jun 8, 2017)

I have almost lost my head on a few of the sari sari store fold up windows that open to the street. You have to duck when riding your bike or motor by them as they do protrude into the street.


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## Scott E (Jun 1, 2015)

Good luck with That ,, down here in Mindanao they claim/ encroach on any street ,, Build structures, Block the outer lane for work space carwashes and vulcanizers ,, all store owners just block sidewalk as their own ,, and are actually very "Rude" about it ,,Authority does nothing


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## art1946 (Nov 30, 2017)

I saw the same problem when i lived there outside of Davao city. I don't know if there is an ordinance against structures being on other property or not. If there is then the officials look the other way. It is probably on the books but they don't enforce the infringement problem.

Art


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## Gary D (Oct 28, 2013)

When we built the new house I put a concrete path along the side of our lot from front to back so that the SIL who lives behind us could have easy access. The concrete had barely dried and the sari sari store had set chairs on it for their customers and son was using it to dismantle and repair his motorbike. Then had the extra expense of fencing it off.

We bought a doer-upper for a SIL and put a gully down the side of the house to take away the water from the roof. Before you knew it the neigbourgh was using it for her clothes washing and where they had a window had cut a door to use as an access path. The wall at the rear that we put in they had extended up and roofed to make an extension.


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## bigpearl (Jan 24, 2016)

Gary that's really sad, you must live in/on a family compound? How can they do this if it is family? Have you talked to the Barangay Capitan? Family?
While I know you are pretty astute given your years of posts I have read and your time living here, how has all this happened? Lots of questions sorry.
Your post above makes me worry about our situation here and if things like that happened to us, how to deal with it.
The wall you put up, was it on/within your property boundary and if so can they legally attach a building onto your property/fence?
While I'm not up all the building codes here in PH. the little I have read, and I researched this for our benefit. A free standing building has to have a roof and gutter clearance of 750mm from an adjoining property but if you want to build up to and within your own boundary you have to meet fire and building regulations and from my reading is a 150mm core filled rendered block wall extending above the roofline (fire rated). For your neighbour to attach a structure to your wall/fence (probably 100mm blocks) from my readings is illegal.

I only hope we don't get caught in such a situation with our neighbours and will be vigilant and jump at the first sign of any activity.

Good luck sorting the problems Gary.

Cheers, Steve.


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## Gary D (Oct 28, 2013)

Steve neighbours are the problem not the family. The locals just take any advantage/opportunity they see, no regard to property, they just take what they want. A BIL has a government cow which he looks after. He take it and puts it in his garden at night because another person who had a cow had it slaughtered where it grazed over night. The locals will steal anything, if it's screwed down it just takes a bit longer.


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## bigpearl (Jan 24, 2016)

My apologies to readers, especially Maxx as I have dragged this off topic. A difficult situation Gary, if you or family confront the perpetrators or the Barangay Capitan there will be difficulties as I mentioned in post #3 with our neighbour but all sorted. (lot appears to be sold anyway as there were surveyors in there 3 days ago) The guilty party from that situation we and the locals have dubbed "the new mayor" , well the locals told us that 4 years ago and some of the stories are not only sad but exceedingly immature,,,,,, apparently ex French special forces or similar. He does have inward opening gates though but aims his hose over the fence when his neighbours are having a BBQ in their back yard from first hand info of the guy that lives behind him and does work for us now and again,,,,,,, he does have an outward opening gate but no one complains.

As for stealing/theft here? Not happened and from memory mentioned why we are left alone in our area. According to the locals "all the foreigners own guns" and "All have inward opening gates because they have large lots and apparently plenty of money,,,, go figure. No complaints and our new gates will open inwards.

Sorry for the waffle on.

Cheers, Steve.


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## art1946 (Nov 30, 2017)

You got that right Gary!!!! 

art


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## Maxx62 (Dec 31, 2013)

Just wanted to pick everyone's brain one more time on this issue. I found the below info in the building code, but does not seem to define what "approved" building materials actually are:

*(c) Fence. Fences shall be built of an approved material, not less than 2.40 meters (8 feet) in height above grade, and to be placed on the side of the walkway nearest to the building site. Fences shall enclose entirely the building site. Openings in such fences shall be provided with doors which shall be kept closed at all times.*

From what I can determine, it seems as though all fences should be made from hollow blocks, for fire safety purposes, but I'm not really sure about that. Reason why I'm asking is the neighbor outside our main gate has constructed a "fence" out of corrugated galvanized steel, and chicken wire. Not only does it look like an abomination, but it is now starting to lean over and is also starting to block our access road leading out to the main street. 

So, not only his gate sometimes blocking our road, but his rickety fence is starting to lean across the road also. Any idea what constitutes "approved material" for building a fence here?


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## Gary D (Oct 28, 2013)

Maxx62 said:


> Just wanted to pick everyone's brain one more time on this issue. I found the below info in the building code, but does not seem to define what "approved" building materials actually are:
> 
> *(c) Fence. Fences shall be built of an approved material, not less than 2.40 meters (8 feet) in height above grade, and to be placed on the side of the walkway nearest to the building site. Fences shall enclose entirely the building site. Openings in such fences shall be provided with doors which shall be kept closed at all times.*
> 
> ...


I think what you are quoting is safety fencing around a building site not domestic fencing.


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## M.C.A. (Feb 24, 2013)

The last couple years they have been widening the roads not only the highways taking out the squatter and reseller shacks along the highway but also in our Municipality and our main road now has a new side walk and large drainage system.

What happened next is that the sidewalk has become the tricycle parking area, along with the food stands and these gates open up into the sidewalk, there's no enforcement.

Most of these people who block our main road the trike drivers have large properties but it's gated up to the sidewalk and they refuse to park their trikes inside or food stands; during the road widening some of the sari-sari stores had to be demolished and they were constructed outside their gate and yet they had plenty of property to set up their business. 

I've been here long enough and the Barangay and these habitual law breakers are all buddy buddy that's the problem.


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## Lunkan (Aug 28, 2020)

"*building site.* "
I interpreete it same as Gary


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## bigpearl (Jan 24, 2016)

Maxx62.

Have you spoken to the Barangay Capitan? Have you been to Municipal hall to ask? Does he have a building permit or did he replace an existing old fence?
I would get the info straight from the horses mouth and if he is in breach good luck with getting the powers that be to sort it out and then there will be the bad blood/face etc.
I'm sorry your have been put in such a situation and it can be sorted out amicably.

Cheers, Steve.


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