Un-permissible permit paradise
September 26, 2000
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The geographic setting of La Paz is simply breathtaking. Built is a deep bowl created by the millennial erosion of an ancient lakebed, the unique city is surrounded by imposing mountains. It is not built on flat ground, but on the mountainsides themselves and spreads unevenly, following the courses of four main rivers, whose riverbeds it has invaded, and whose gorges it has built up. Additionally, the city has slowly channeled, covered over (at great effort and cost) or tried to tame over two hundred varied watercourses -from rills to fractious rivers- that tumble and splash their down into the city.

Since all the street and buildings in La Paz are essentially built on loosely packed landfill (there is no rock-bottom for dozens of meters), where the gradients are steep, or where underground water erodes the land base, the hillsides and ravines tend to slide and crumble without warning. They come apart, sometimes slowly, sometimes with terrifying speed, bringing houses and even entire neighborhoods with them. The geology of the city is a nightmare. Aside from a few square blocks around the Presidential Palace and Congress, the rest of the urban landscape is in permanent danger of being buried by landslides, of falling into siphoning holes, or of simply sliding downhill. Therefore, every year nearly one sixth La Paz's municipal budget is dedicated simply for "emergencies" during the rainy season, and to stabilizing the treacherous though beautiful soil.

This complicated city should have stringent building regulations, but along with its many problems it has an outdated and inadequate building and zoning code called the USPA, (Usos de Suelo y Patrones de Asentamiento). It dates in its latest form more than a dozen years, and in spirit more than half a century, from the times when La Paz was a small city with few traffic problems and space to spare. The USPA has passed through little true revision and modification, and although nearly every Mayor in office has declared the intention of producing a new and more appropriate Code, it has endured by default, growing more and more defect-ridden with each passing year. So many conflicting additions and corrections have been made, so many exceptions have been allowed (creating fateful precedents) that building permits are granted more on good will, whim or "pull", than on any supposed technical provisions in the code itself. The height of buildings (and their use) has little or no relation to zoning, being related to the width of streets or avenues, and with no regard to the character of the area itself. This has contributed to a chaotic growth patterns, and although certain higher-risk areas are labeled "black lands", where supposedly no building whatsoever should be allowed, "¨clandestine" (meaning without permit) construction is rampant and unchecked.

The resulting chaos has contributed to heightened municipal corruption, since building permits which allow a few more stories, or more space occupied in a city lot, or less open space between buildings, mean significant financial differences for landowners or builders. "Selling" illegal building permits is a most lucrative business, and is conducted at many levels, from small houses authorized by a single official, to whole developments authorized by greedy mayors. This pervasive corruption not only benefits corrupt officials, but wreaks havoc with the lives and budgets of ordinary citizen who wants to build a simple home, or the businessman who wants a new office building without giving way to bribery or extortion.

Building legally is nearly impossible. The unwary citizen seeking permits will find unending obstacles in his way. Papers are not in order, blueprints are not in the proper scale, signatures are not adequately legalized, files are misplaced, geological studies are needed, doubt arises over ownership, past tax payments must be reviewed, receipts must be certified, etc. etc. However, if patience runs short, if desperation sets in and ready cash is available, all problems are finally and magically solved, files reappear, objections evaporate, and permits are obtained as easily as money disappears into bureaucratic pockets.

This business is so lucrative (on both sides, since unscrupulous builders who violate norms are as guilty as unscrupulous officials who allow violations), that even firing corrupt officials does not put a stop to it. Some exasperated Mayors have fired suspect architects or officials involved in granting dubious permits, only to find the shady permits surfacing continuously, months and even years afterwards. Groups of technicians with municipal links keep granting backdated borderline or flagrantly illegal permits with all proper forms filled out, as well as complete and authentic seals, stamps and signatures. The networks are here, as in other cases of corruption, strongly self-protective. A Mayor who attempted to fire an architect who had attempted extortion, found herself facing strong protests from both the College of Architects and the Union of Municipal workers. She then insisted that permits over a year old must be renewed, and found herself faced with allegations of "abuse" and "corruption" since such a renewal would mean, they protested, additional cost for the citizens.

To date a solution has not been found. La Paz continues to grow, erratically and arbitrarily, ignoring geological danger and creating overcrowding. Its traffic is a nightmare, and the basic services are strained to the limit. A new building code is urgently needed but while the old one allows for easy money to be made, no one will do anything to eliminate this lucrative and destructive permit paradise.