Cabarete & it's doings! (It just never ends!)

rendul

Bronze
Feb 24, 2002
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rendul.tripod.com
New posting from a reserved gent to shed some light on the workings of Cabarete's governance. Here is the link:

Inversionistas siguen burlando de los reglamentos del Plan del Ordenamiento Territorial de Cabarete | Cabarete noticias


Here is the mere Google translation (as bad as it is):

Investors still mocking regulations Zoning Plan Cabarete

June 4, 2013 | Filed under: News | Posted by: caba8255

Cabarete-MAP AU-GEOREFER DECREE

Without doubt one of the biggest challenges that the new Regional Director MITUR Sancassani Lorenzo faces in Cabarete is the persistence of certain investors to maximize their profits violating building regulations in the Plan of Land of Cabarete, approved by the Presidential Decree 847-09.


On the one hand there is the problem of projects already built under the regime of Vice Minister of MITUR in Puerto Plata famous for his practice of helping investors who had problems with the regulations. What to do with these illegal projects? According to the Department of Projects and Planning (DPP / MITUR), you can not demolish them and can only deny permits the owners of the projects call for ex-facto titles for buyers of condominiums.

And you can do the Regional Director when an influential project owners who have managed to get up to five presidential decrees now Leonel Fernandez and Danilo Medina for your project, and yet the actual construction is not allowed. The last presidential decree in December 2012 seems to override the rules of the Land Use Plan of Cabarete on building height for that project.

But now we see the case of an investor who really want to test the system under the new Regional Director. This is a new three-story building in the center of Cabarete Beach Restaurant 200 meters Sancassani Lorenzo Pomodoro. The owner of the building used a MITUR architect of Puerto Plata to design the building and do the only MITUR technical review of these plans as the basis of the letter of no objection from the Deputy Minister. But that was before the appointment of Mr. Sancassani as Regional Director.

The novelty is that a few weeks ago the same owner, without asking anyone's permission, began to put a fourth floor in your building in an area where only allowed three floors. This week with the new structure almost finished the representative of DPP / MITUR in Cabarete did an inspection and notified the owner that the construction is illegal.

So far, no one knows what action is going to take the Regional Director. Unfortunately neither the Regional Director nor the Ministry of Tourism has the authority to order the demolition of the new structure without a court order. The lack of this authority means a weakness in the system that this country has to enforce building regulations and standards. If inspectors are not sufficiently vigilant and if you can finish a work before coming to the attention of MITUR, it's almost like no matter the regulations.

Mr. Sancassani has promised to defend the Land Use Plan and its regulations. If the owner of this building does not voluntarily dismantle its fourth floor, the only option that the Regional Director has to send a message to others who want to try the same thing is to make a complaint in court and ask the court to order the demolition of the illegal structure.
 

ffritz

New member
Feb 7, 2008
463
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www.gymbar.blogspot.com
The reason we're only allowed 3 stories on the North Coast is that it is at the confluence of 3 tectonic fault lines ..... let him build the 4th floor & see how his business thrives after the Big One hits lol
 

Castellamonte

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Mar 3, 2005
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www.villa-castellamonte.com
The laws in the Dominican Republic to enforce this type of rule are a joke. No one, not even a court order, has the authority to enforce an order to tear off a top of a building once it has been constructed. Once it has been constructed they can fine you, refuse to provide individual titles for that level and other elements of "harassment" but they cannot force you to destroy what you have built. Even if built illegally.
 

CaptnGlenn

Silver
Mar 29, 2010
2,321
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and who suffers in the end???? the people who bought the condos and paid deposits which they will never get back.
 

ctrob

Silver
Nov 9, 2006
5,591
781
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Once it has been constructed they can fine you, refuse to provide individual titles for that level and other elements of "harassment" but they cannot force you to destroy what you have built. Even if built illegally.

It wasn't in the DR, but this reminded me of a Zoning meeting I was called to because I had built one corner of my new house about two feet over the front setback line. I was trying to optimize the view and wasn't paying good attention when laying out the corners. A female Zoning officer asked if I could maybe cut off the offending corner of the house to bring the house into compliance. It was a large Cape Cod design. The room went silent for several seconds.

They ended up giving me a variance.
 

mountainannie

Platinum
Dec 11, 2003
16,350
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elizabetheames.blogspot.com
I thought the law was nothing bigger than a palm tree, right? In Las Terreanas, where lots of the Village is built on swamp land in fill, some of the houses regularly sink in the heavy rains. They say that you have to visit a property three times.. once in the day time, once at night to hear the noise from the local colmado, and once during the rains to check the roof and the floor.
 

frank12

Gold
Sep 6, 2011
11,847
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I don't own any property on the north coast (but i do own a modest driftwood shack in the middle of the island), but if i were thinking of purchasing anything--I.E--a condo on the island--Cabarete, Sosua, Punta Caba, Bavaro, Las Terrenas, etc., i would visit the condo several times over the course of say, one week, to assess the situation better. there are some guidelines and things i would investigate further to make sure it was suitable for in-habitation and able to support wild life.

1. I would knock on my neighbors door above the condo in question and ask if they could please have sex in order to better assess the insulation and situation of their headboard banging up against the wall--causing plaster and concrete dust to drop into my mouth while i lay in bed asleep.

2. i would sit outside in the parking lot and listen to the coming and goings of traffic in the parking lot to hear how many people are using motorcycles--with muffler bafflers removed--when entering and exiting the condo complex.

3. i would inventory how many nearby colmados and bars are within a certain walking radius of the condo, and how loud they play their music, and how much their beer costs? Cheap beer attracts loud, obnoxious, Canadian tax cheaters--there's a mathematical formula out there for assessing the quality of cheap customers.

4. I would stay over night in the condo to assess the how late the neighbors come and go--particular on the weekends. I would investigate how much they drink, and exactly what they drink. Be weary of anyone drinking cheap alcohol! This should be an immediate red flag.

5. I would knock on my neighbors door with a gun in my hand and ask them some routine questions like these:

a. Does anyone in the household have something commonly referred to as a "JOB"...making it necessary to get up before 12pm.
b. How long have you been together as a couple? Do you fight much?
c. How often do you have sex? Are you loud? Do you make animal noises? Will i feel like i am in the middle of a National Geographic Wild Kingdom animal show while you guys copulate? Do you bite? Can i participate?

These are just some of the things i would investigate before making a big investment into real estate in the DR. I believe these are necessary before making the leap into a condo purchase. I have a lot of investments in the DR, so i have managed to avoid a lot of fans of National geographic.

Hope this helps.

Frank
 
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