Re Subdivision PDF

A SUBDIVISION 1
“Subdivision” is the act of dividing land into pieces that are easier to sell or otherwise
develop, usually via a plat.
In the Philippines, subdivisions are areas of land that have been subdivided into individual
residential plots. Whereas some subdivisions comprise exclusive gated communities,
others are merely demarcations denoting a specific neighborhood. Some subdivisions
may conduct autonomous security, or provide basic services such as water and refuse
management. Most subdivisions are governed by associations made up of members who
are residents of the subdivision.
Top Subdivision Developers in the Philippines
Subdivisions are a key contributor to the Philippines’ residential property market, and the
developers behind each should also be seen as the reason why.
With all the fanfare surrounding high-rise developments and mixed-use communities in
recent years, residential subdivisions have become a little bit of an afterthought. Also
known as executive villages and gated communities, subdivisions are actually still a major
fixture in Philippine real estate, and may not garner as much attention simply because
the concept is not so new.
Major regions like Metro Manila and Cebu City seldom see the rise of new subdivisions
due to the preference for high rises and mixed-use projects that are more city
appropriate, but subdivisions continue to be developed in fringe areas as well as
neighboring municipalities.
We take a look at a number of developers who have continued to recognize the
potential of these areas, and the preference of many property seekers for quiet
community living over the more convenient but similarly more frantic lifestyle in towers
and mixed-use projects, seeing to it that subdivisions remain one of the most viable
options on the market.
Ayala Land Inc.

The largest property developer in the
Philippines, it can be expected that Ayala
Land also be one of the biggest
contributors the development of
residential subdivisions in the country. The
developer has a number of existing and
upcoming subdivision projects under its
banner, with at least one relegate to each
of its real estate subsidiaries.
Ayala Westgrove Heights. Photo via Ayala Land Premier
ARCHITECTURAL DESIGN VII | 201515306

A SUBDIVISION 2
Camella Homes
A premier homebuilder under Vista Land, Camella has built over 300,000 homes in 35
provinces and 90 cities and municipalities, and is considered synonymous with subdivision
development. Camella communities have extended well beyond the Philippines’s major
cities, with existing and soon to be established subdivisions in places San Juan, Batangas;
Palo, Leyte; and Butuan, Agusan del Norte, to name just a few.
Ruby model of the Jewel series of homes in Riverdale. Photo via Camella Homes
Catering to the affordable and mid-market segment, the

developer’s knack for selecting the most accessible
locations and use carefully thought out and sustainable
architecture have led to the development of subdivisions
like Riverdale in Cebu City. The 13-hectare community set
in the panoramic hills of Talamban features American-
themed Jewel homes, and in view of hundreds of
evergreens and pine trees.
8990 Housing Development Corp.

Specializing in mass housing, 8990 Housing Development was named the top property
developer in terms of takeout value from the state-run Home Development Mutual Fund
(HDMF) or Pag-IBIG. The developer reached a takeout of Php2.4 billion in 2015, a
significant increase from the Php1.7 billion the year prior, which can be considered a
testament to 8990 being an industry leader in price, quality, and service.
Townhouses in Deca Clark Resort. Photo via 8990 Housing

Development Corp.
One of 8990’s largest projects is the Deca Clark

Resort and Residences (DCRR) in Angeles City,
Pampanga. The 55-hectare residential
development features affordable houses and is
marketed to have the largest market coverage,
low equity and monthly amortization, and easy
move-in policies. While a mass housing project,
DCRR is set to feature middle-class type amenities like a semi Olympic-sized swimming
pool, basketball courts for each of its 11 phases, 24-hour security, and a clubhouse.
Filinvest Land, Inc.

A subsidiary of Filinvest Development Corporation, Filinvest Land specializes in mall
operations and the development of mid-rise and high-rise condominiums, but is most
generally known for building subdivisions which feature affordable and middle income
housing. The developer owns land banks in various areas of Luzon, Visayas, and
Mindanao, with several projected for future subdivision projects.

A SUBDIVISION 3
Timberland Heights. Photo via Filinvest
One of Filinvest’s most notable

subdivisions is Timberland Heights in
San Mateo, Rizal. Spanning 677
hectares, the suburban housing
community’s design features
elements of sustainable
development, and a nursery where
a variety of tree species are grown.
The developer also applies a stipulation where homebuyers at least one tree for every
250 square meters in the lots they own.
Sta. Lucia Realty

Like most property developers, Sta. Lucia Realty specializes in a variety of projects types.
While also know for building shopping centers and high-rises, it is in horizontal
developments that the company had truly made a name for itself. Sta. Lucia has
developed over 10,000 hectares of real estate so far, with, according to their website, 56
ongoing residential estates projects that will soon add to that total.
Palo Alto Estates Clubhouse. Photo via Sta. Lucia Realty
The most recent of these projects is

the Palo Alto Leisure & Residential
Estates at the boundaries of Antipolo,
Baras, and Tanay, Rizal. The development
separates itself from the standard
community by being one with 78-hectare
forest reserves, open spaces of which have
been carefully integrated with the
community’s country club amenities like
covered basketball and tennis courts, a
swimming pool, and a clubhouse, among
others.
DMCI Homes
Starting commercial operations in 1999, DMCI Homes first ventured into leisure residences
in 2006. In the decade since, the developer has established a number of subdivisions in
the country, all sporting the resort-inspired stylings DMCI is known for. This subsequently
led to the developer garnering recognition all over the world, with DMCI even 146th in
the Business World Top 1000 Corporations in 2014.

A SUBDIVISION 4
Woodland Hills homes by the subdivision pool. Photo via DMCI Homes
Majority of DMCI’s subdivisions were completed in the

mid-2000s, with Woodland Hills in Carmona, Cavite,
arguable the most well-known. Fully developed and
completed, it features 530 units which capture the
functionality of a modern, contemporary homes while
being surrounded by large front lawns, blooming
gardens, and lush foliage.
Robinsons Land Corporation

While Robinson’s Land Corporation (RLC) is known for innovative residential high-rises and
its chain of commercial centers located all over the Philippines, its portfolio is actually
largely comprised of different residential communities. In mid-2015, RLC had announced
its intent further beef up this horizontal or subdivision type residential portfolio by
expanding to new locations like Bacolod and Puerto Princesa.
Artist rendition of Brighton Parkplace gate. Photo via Robinsons Land
Tentatively called Brighton Parkplace, the project in

the latter will be a 22.45 hectares in Barangay
Estefania, and is the fourth project of RLC in Bacolod
City, and the company’s 33rd residential subdivision
in the country. House layouts are to be up to 180
square meters with three bedrooms, and the
subdivision is projected to have only a density of 35
households per hectare.
AXEIA Group of Companies

Another developer included in Pag-IBIG’s roster of top developers in terms of take-out
value, AXEIA is recognized for durable, quality homes that are affordable. The developer
formerly known as the Asiatic Group of Companies has already constructed more than
18,000 residential units, most of which are in AXEIA’s fully completed subdivisions of 18.
Artists rendition of Santorini Estates Clubhouse with cliffs at the back:
The company has another 12 projects currently

ongoing. This includes Santorini Estates, a residential
haven inspired by the Greek locale it took its name
from. Located in Binangonan, Rizal, future residents
get to experience a cool breeze and breathtaking
cliffside views of Laguna de Bay. The future
community is less than a kilometer away from
Binangonan Commercial Area.
Reference: http://www.myproperty.ph/blog/property-profile/subdivision-developers-philippines

A SUBDIVISION 5
PHILIPPINE INSTITUTE OF DEVELOPMENT STUDIES (PIDS)
Development Research News
Overcoming Obstacles: Land Development in the Philippines

Author: Marife M. Ballesteros
“Servicing” the Land
The land development process refers to the activity of “servicing” land for urban use. It
consists of two phases:
 Development of serviceable lots process, which involves putting infrastructures and

other services into an area of which several buildings are to be put up
 Building development process, which involves putting up infrastructures on serviced

lands
In the Philippines, most land developments are undertaken by the private sector. Figure
1 documents the process wherein a developer first buys and consolidates parcels of land,
and puts in infrastructure services. He may then sell individualized serviced lots or put
buildings on the serviced lots before selling the buildings and the land where they stand.
The public places or common areas such as roads and parks, among others, are then
transferred to the municipality or homeowners’ association. The private developer
provides for the primary services (onsite developments), and in some cases, secondary
services (offsite services).
Private entities undertaking land development have to conform to specific standards

that are stipulated in different land use regulations. These include zoning laws, subdivision
and building regulations, land conversion/reclassification regulations and environmental
controls. The intent of these regulations is safeguarded through the development control
process wherein permissions have to be obtained by a developer or private individual
from appropriate authorities before any change in use, intensity or boundary of
development can be undertaken.
The development control process has been institutionalized in the country since the late
1970s. This process was initially implemented through a centralized scheme, but
beginning 1992, a decentralized system was adopted where local government units
(LGUs) were given a major role in their respective municipalities/cities.
Six major permits have to be obtained for housing and development, namely:
 Locational clearance  Environmental permit

 Development permit  Conversion clearance
 Building permit  License to sell

A SUBDIVISION 6
Figure 1. Land Development Process
Unlike the centralized scheme wherein approvals and issuances

of major permits were tasked to the Housing and Land Use
Regulatory Board (HLURB), there are now several agencies
involved in the approval and issuance of permits (Figure 2). These
permits are issued based on several planning rules and
regulations.
Figure 2. Decentralized Permit System
Land Use Control
All cities and municipalities in the country are required to provide comprehensive land
use and zoning plans of their specific localities. Zoning restrictions in the country are
imposed on land use and building height. There are no minimum area restrictions.
The implementation of the land use controls, however, has not really been restrictive
because government allowed the issuance of temporary use permits (TUPs). These
permits are given to land uses that do not conform to the existing zoning in an area. Non-
conforming uses are allowed to operate in the zone for a minimum period of five years
and renewable thereafter. The TUPs are essentially government’s response to potential
changes in land use. This practice resulted in arbitrary zoning since approvals are mainly
dependent on administrative decisions.

A SUBDIVISION 7
Subdivision development controls
Land development has to conform not only to the prescribed land use but also to the
physical and legal standards of property subdivision and sale. The minimum design
standards for land development are contained in two decrees:
 Subdivision and Condominium Buyers Protective Decree or Presidential Decree

(PD) 957, which requires conformity to standards on roads, drainage, sewerage,
water systems, and others, including the registration of all developed properties
on sale
 Rules and Standards for Economic and Socialized Housing Projects or Batas
Pambansa 220, which defines the development standards specific to low cost
housing developments
Building regulations
Building controls have been adopted since the 1950s by virtue of the National Building
Code or Republic Act (RA) 6541, which was revised into PD 1096. The Building Code
provides the minimum standards relating to structural, plumbing, sanitary, electrical,
mechanical, and fire protection of proposed building plans.
Environmental Controls
The Philippine Environmental Policy was implemented in 1977 through the creation of the
National Environment Protection Council (NEPC). In 1978, the Environmental Impact
Statement (EIS) System was set up by virtue of PD 1586. The EIS requires all environmentally
critical areas to be subjected to the guidelines. This is to determine quality standards for
air, water and land use as well as to monitor the land development projects of both
private and public entities with regard to their effects on the environment.
Land Conversion Regulation
The agrarian reform law has provided a means to control land use. Aside from the limits
imposed on ownership of agricultural lands, the law also places restrictions on the
conversion of agricultural land to nonagricultural uses.
Initially, this restriction was limited to rice and corn lands. However, with the enactment
of the Comprehensive Agrarian Reform Law (CARL) in 1988, all agricultural lands have
become subject to a conversion clearance. The guidelines for the issuance of
conversion clearances are provided in several administrative orders issued by the
Department of Agrarian Reform (DAR).
Reference: www.dirp4.pids.gov.ph

A SUBDIVISION 8
REVISED RULES AND STANDARDS FOR ECONOMIC AND SOCIALIZED HOUSING PROJECTS TO
IMPLEMENT BATAS PAMBANSA BLG. 220
Pursuant to Section 3 of BP 220, the Housing and Land Use Regulatory Board is authorized
to establish and promulgate two levels of standards and technical requirements for the
development of economic and socialized housing projects/units in urban and rural areas
from those provided in PD 957, PD 1216, PD 1096, and PD 1185, hence the following rules
are hereby promulgated.
RULE I. MINIMUM DESIGN STANDARDS
Section 1. Design Standards for Subdivision
Residential subdivision projects shall conform with the following minimum design
standards, applicable local government units' (LGU) zoning ordinances as well as
pertinent provisions of the National Building Code if project is with housing component:
A. Site Criteria
1. Location
Conformity with Zoning Ordinance/Comprehensive Land Use Plan
Subdivision projects shall be located in residential zones or other areas appropriate for
residential uses. If there is no Zoning Ordinance or approved Comprehensive Land Use
Plan, the dominant land use principle and site suitability factors cited herein shall be used
in determining suitability of a project.
Subdivision projects supportive of other major urban activities (e.g. housing for industrial
workers) may be allowed in area zoned for the said urban activities.
2. Physical Suitability
Subdivision projects shall be located within suitable sites for housing and outside hazard
prone areas and protection areas as provided for by pertinent laws. Critical areas (e.g.
areas subject to flooding, landslides and those with unstable soil) must be avoided.
The site shall be stable enough to accommodate foundation load without excessive
earthmoving, grading or cutting and filling.
3. Accessibility
The site must be served by a road that is readily accessible to public transportation lines.
Said access road shall conform with the standards set herein to accommodate expected
demand caused by the development of the area. In no case shall a subdivision project
be approved without the necessary access road/right-of-way. Said access road right-of-
way may be constructed either by the developer or the local government unit.

A SUBDIVISION 9
B. Planning Considerations
1. Area Planning
Planning and designing of subdivision projects shall take into account the following:
a. safety and general welfare of the future occupants:
b. adequate, safe, efficient and integrative road circulation system servicing every lot
therein;
c. judicious allocation of land uses for diversity and amenity;
d. preservation of site
e. proper siting or orientation of lots;
f. harmony with existing and proposed development in the vicinity;
g. Application of workable design principles or parameters for a well-planned and self-

sustaining environment.
When a developer or planner submits a Planned Unit Development (PUD) type of project,
the layout shall likewise conform to the standards for residential/condominium projects.
a. Open spaces
Open spaces shall conform to the provisions of P.D. 1216 and its implementing rules and
shall include the following:
1. Streets - adequate and safe means of vehicular and pedestrian circulation and
easements for utilities and planting strips, shall be provided.
2. Walks - paved walks shall be provided to the living units from streets, parking spaces
and from living units to play areas
3. Parks and playground - suitable recreational area(s) shall be allocated within the
subdivision. Where applicable, a hierarchy of such recreational areas may be provided
for, such that, a strategically located main park area is supplemented or complemented
by one or smaller pocket(s) or areas for recreational use. These areas must be accessible
to living units and free from any form of hazard or risk_ Said parks and playgrounds shall
be cleared and free from any debris. Parks and playgrounds as much as possible shall be
at street level.
b. Facilities and Amenities
Areas required for subdivision facilities and amenities shall be judiciously allocated in
accordance with the provisions herein specified.

A SUBDIVISION 10
c. Density
Density of subdivision projects shall conform with the residential densities set forth in the
zoning ordinance of the city/municipality where project is located. Where there is a
mixture of housing types within the subdivision (such as single-detached, row house, town
houses, etc.), density shall include the total number of dwelling units in multi-storey
structure plus the total number of lots intended for single and semi-detached houses.
2. Site Preservation
a. Slope
The finished grade shall have a desired slope to allow rain water to be channeled into
street drains. Where cut and fill is necessary, an appropriate grade shall be attained to
prevent any depression in the area.
Grading and ditching shall be executed in a manner that will prevent erosion or flooding
of adjoining properties.
b. Preservation of Site Assets
Suitable trees with a caliper diameter of 200 millimeters or more, shrubs and desirable
ground cover per Department of Environment and Natural Resources (DENR) rules shall
be preserved. Where a good quality top soil exists in the site, it shall be banked and shall
be preserved for finishing grades of yards, playgrounds, parks and garden area.
c. Ground Cover
Grass, shrubs, plants and other landscaping materials used for ground cover shall be of
a variety appropriate for its intended use and location. They shall be planted so as to
allow well-tended cover of the area.
3. Easements
Subdivision projects shall observe and conform to the following provisions on easements
as may be required by:
a. Chapter IV, Section 51 of The Water Code, on water bodies;
b. National Power Corporation (NPC), on transmission lines;
c. PHIVOLCS per Resolution No. 515, Series of 1992, on identified fault traces;
d. Other public utility companies and other entities' right-of-way;

A SUBDIVISION 11
e. National/local government units for projects abutting national roads (primary roads)
where adequate easement shall be provided for, including loading and unloading
areas;
f. Other related laws.
4. Circulation
Depending on the classification of roads adjacent to the subdivision and the size of the
project site, road network should result into a hierarchy of functions and should define
and serve the subdivision as one integrated unit.
a. Roads complemented with pathwalks within the subdivision must be so aligned to

facilitate movement and to link the subdivision to the nearest major transportation route
and/or adjacent property.
Whenever there are existing roads within the project site which shall be made part of the
subdivision plan, these shall be improved in accordance with the standards set forth
herein.
b. Streets should conform to the contours of the land as far as practicable
Where a proposed project adjoins a developed property, roads within the said project
shall be connected/integrated/aligned with existing ones.
Where a proposed project adjoins undeveloped property, a provision for future

connection shall be mandatory.
c. As far as practicable, streets shall be laid out at right angles to minimize critical
intersections such as blind corners, skew junction, etc.
d. Roads shall conform to sound engineering practices.
e. Subdivision projects shall comply to the pertinent requirements of Batas Pambansa No.
344, otherwise known as the Accessibility Law.
5. Installation of Street Names/Signs
The developer shall bear the cost of installation of street names/signs coincident with the
construction of streets.

A SUBDIVISION 12
C. Design Parameters
1. Land Allocation
For open market and medium cost subdivision projects with an area of one (1) hectare
or more, the percentage (%) allocation of land shall be as follows:
a. saleable area — maximum of 70% of the gross area
b. non-saleable area — minimum of 30% of the gross area
The following non-saleable area shall be observed consistent with PD No. 1216:
b1. Parks/Playgrounds
Allocation of area for parks and playgrounds shall be mandatory for projects one (1)
hectare or more and shall be deemed nonbuildable area. The same shall be strategically
located within the subdivision project. Area allocated for parks and playgrounds shall in
no case be less than 100 square meters.
The percentage requirement for parks/playgrounds shall be as follows:
Table 1. Parks and Playgrounds Allocation
b2. Community Facilities
Mandatory provision of areas for community facilities, such as neighborhood multi-

purpose center both for open market and medium cost housing projects with area one
(1) hectare and above. These areas are non-saleable. However, the developer may
provide additional areas for community facilities such as schools and commercial/retail
centers in excess of the mandatory requirement set forth in this rule which shall be
deemed saleable. The use of the said area shall be indicated in the plan and shall be
annotated in the title thereto. (Refer to Table 2)

A SUBDIVISION 13
Table 2. Facilities According to the Number of Saleable Lots/ Dwelling Units for Subdivision
Projects 1 hectare and Above
* Mandatory non-saleable
** Optional saleable but when provided in the plan the same shall be annotated in the
title
b.3 Circulation System
The area allocated for circulation system shall not be fixed, as long as the prescribed
dimension and requirements for access (both for project site and dwelling units) specified
in these Rules are complied with.
Land circulation system shall comply with the pertinent requirements of BP 344 otherwise
known as the Accessibility Law.
Below are the planning considerations to be observed for circulation layout:
a. Observance of the hierarchy of roads within the subdivision.
b. Conformance to natural topography.

A SUBDIVISION 14
c. Consideration for access and safety, e.g., adequate radius, minimum number of roads
at intersections, moderate slope/grade, adequate sight distance, no blind corners, etc.
d. Optimization as to number of lots to lessen area for roads, at the same time enhances
community interaction.
b.3.1 Hierarchy of Roads
The circulation system for open market and medium cost housing projects shall have the
following hierarchy of roads:
Table 4. Hierarchy of Roads
Minimum road right-of-way shall be in accordance with b.3.2 of this section.
In no case shall a major road be less than 10 meters when used as main access road
and/or as future connection.
a) Major Road - a street or road linking the site and serves as the main traffic artery within
the project site and shall traverse the longer axis of the property.
b) Collector Road - a street or a road that services pedestrian/vehicular traffic from minor
roads leading to major roads.
c) Minor Road - a road which main function is to provide direct access to lots and other
activity centers.
d) Motor Courts - shall have a right-of-way of not less than 6 meters in width with provision
for sufficient space for vehicular turn around in the form of a cul-de-sac, loop, branch or
"T", with a maximum length of 60 meters inclusive of terminal.
e) Service Roads - roads which provide for the distribution of traffic among individual lots
and activity centers.
f) Alley - a 2-meter wide walkway which shall be used to break a block and to serve
pedestrians and for emergency purposes. It shall not be used as access to property.

A SUBDIVISION 15
b.3.2 Road Right-of-Way (ROW)
The corresponding right-of-way for hierarchy of roads shall be as follows:
Table 5. Road Right-of-Way
The minimum right-of-way of major roads shall be in accordance with the preceding
table. However, in cases where the major road will serve as interconnecting road, it shall
have a minimum right-of-way of 10 meters. It shall have a 15-centimeter mix gravel (pit
run) base course on well-compacted sub grade.
Major roads shall maintain a uniform width of road right-of-way. Tapering of road width
shall not be allowed where the road right-of-way is wider than the prescribed standard
for the interconnecting road of the proposed subdivision.
Minor roads shall have a right-of-way of 6.50 meters wide. Interior subdivision project
must secure right-of-way to the nearest public road and the right-of-way shall be
designated as interconnecting road with a minimum width of 10 meters. This fact shall be
annotated on the title of the said road lot and must be donated and deemed turned
over to the LGU upon completion of the said interconnecting road. (See Figure 1:
Interconnecting Road)

A SUBDIVISION 16
Figure 1. Interconnecting Road
Subdivision projects abutting a

main public road must provide
sufficient setbacks with a minimum
dimension of 3.0 meters in depth
and 5.0 meters in length at both
sides of the subdivision entrance to
accommodate loading and
unloading of passengers. (See
Figure 2: Setback Requirement
Along Main Public Road)
Figure 2. Setback Requirement along Main Public Road
Subdivision projects shall have provision for future expansion where applicable, by
designating the major roads, as prescribed in Sec. 1.C.b.3.2 as the interconnecting road
right-of-way for both open market and medium cost housing projects.
b.3.3 Planting Strips
Planting strips shall be observed with the following road specifications:
Table 6. Width of Planting Strips and Sidewalks

A SUBDIVISION 17
Note: Refer to Supplemental Rules and Regulations to Implement PD 953 Tree Planting.
– Every owner of existing subdivision is required among others to plant trees in designated
area as per Resolution No. R-532, series of 1993. (Approving the Rules and Regulations
Implementing PD 953 “Requiring the Planting of Trees in Certain Places and Penalizing
Unauthorized Cutting, Destruction, Damaging and Injuring of Certain Trees, Plans and
Vegetation”).
b.3.4 Road Pavement
All roads for both open market and medium cost housing projects shall be paved with
either concrete or asphalt. Concrete pavement shall have a minimum thickness of 150
millimeters and a minimum compressive strength of 20.7 Mega Pascal (Mpa) while
asphalt shall have a minimum thickness of 50 millimeters.
Sidewalk pavement shall have a minimum compressive strength of 17.2 Mega Pascal.
b.3.5 Road Intersection
Roads should intersect at right

angles as much as
practicable. Multiple
intersections along major
roads shall be minimized.
Distance between offset
intersections should not be less
than 20 meters from corner to
corner. Intersections should
occur on straight sections
instead of on curved sections
of road and on gentle grades
with clear sight distance.
Road intersections shall be

provided with adequate curb
radii consistent with sound
engineering principles. (see
Figure 3)
Figure 3 : Curb Radii Dimension

A SUBDIVISION 18
B.3.6 Road Grade/Slope
Crown of the roads shall have a slope of not less than 1.5 percent, while curbs and gutters
shall not be less than 7 percent to 9 percent (see Figure 4).
Grades and vertical curbs shall conform to the design requirements of the Department
of Public Works and Highways (DPWH).
FIGURE 4. ROAD GRADE/SLOPE
2. Lot requirements
a. Lot Planning
a.1 A lot shall be served by an independent access either by a road, motor court, or path
walk. Path walk shall have a maximum length of 60 meters intended only as pedestrian
access to property for socialized housing projects.
a.2 Deep lots and irregularly shaped lots shall be avoided.
a.3 Whenever possible, lot frontage elevation shall be at street level.
a.4 Lots shall be protected against physical hazards. No lot shall be laid out where
potential risks exist (e.g. erosion, slides, flooding, fault lines, etc.)
a.5 Lots shall be protected against non-conforming uses and/or other risks through the
provision of adequate buffer strips, protective walls, and roads or other similar devices.

A SUBDIVISION 19
a.6 Lot shall be so laid out that administrative boundaries, water courses/drainage ways
utility lines do not bisect the lots.
b. Minimum Lot Area (Amended per Board Res. No. 824, Series of 2008)
The minimum lot area of various types of housing for economic and socialized housing
project shall be as follows:
Table 7. Minimum Lot Area
Note:
1. Saleable lots designated as duplex/single attached and/or row house lots shall be
provided with housing components.
2. Price of saleable lots intended for single detached units shall not exceed 40% of the
maximum selling price of the house and lot package.
c. Lot Frontages (Amended per Board Res. No. 824, Series of 2008)
The minimum lot frontages for various types of housing both for economic and socialized
housing projects shall be as follows:
Table 8. Minimum Lot Frontage
Note:
For row houses, there shall be a maximum of 20 units per block or cluster but in no case
shall this be more than 100 meters in length.

A SUBDIVISION 20
3. Length of Block
Maximum block length is 400 meters. However, block length exceeding 250 meters shall
already be provided with a 2-meter alley approximately at mid length.
4. Shelter Component
a. Floor Area Requirement
The minimum floor area requirement for single-family dwelling shall be 22 square meters
for economic housing and 18 square meters for socialized housing.
b. Minimum Level of Completion
The minimum level of completion for economic housing shall be complete house based
on the submitted specifications. For socialized housing project, it shall be shell house with
doors and windows to enclose the unit.
Provision of firewall shall be mandatory for duplex and single-attached units and at every
unit for row houses.
5. Setback/Yard
The minimum setback of dwelling unit both for economic and socialized housing project
shall be as follows:
a. Front Setback - 1.5 m.
b. Side yard - 1.5 m (from the building line)
c. Rear yard - 2.0 m.
d. Abutments - May be allowed per requirements of the National Building Code of the
Philippines
6. Water Supply
Whenever a public water supply system exists, connection to it by the subdivision is

mandatory.
Each lot and/or living unit shall be served with water connection (regardless of the type
of distribution system). Water supply provided by the local water district shall be potable
and adequate. It shall be complemented/ supplemented by other sources, when
necessary, such as communal well, which may be located strategically for ease and
convenience in fetching water by residents and at the same time not closer than 300
meters from each other.

A SUBDIVISION 21
If public water supply system is not available, the developer shall provide for an
independent water supply system within the subdivision project. Minimum quantity
requirement shall be 150 liters per capita per day.
Each subdivision must have at least an operational deep well and pump sets with
sufficient capacity to provide average daily demand (ADD) to all homeowners provided
a spare pump and motor set is reserved.
Likewise, required permits from the NWRB shall be obtained and standards of the Local
Water Utilities Administration (LWUA) shall be complied with.
If ground reservoir is to be put up, an area shall be allocated for this purpose (part of
allocation for community facilities). The size shall depend on volume of water intended
to be stored. It shall be protected from pollution by providing buffer of at least 25 meters
from sources of pollution/contamination.
For elevated reservoir, structural design shall comply with accepted structural standards
or the National Building Code of the Philippines. The elevated reservoir or water tank
capacity must be 20% average daily demand plus fire reserve.
Alternative sources of water supply may be availed of such as collected rain water and
other devices with water impounding capacity.
Provision for fire protection shall comply with the requirements of the Fire Code of the
Philippines. Whichever is applicable, the Local Government Unit shall provide each
community with fire hydrants and a cistern that are operational at all times.
For a multi-storey building, a water tank shall be provided if the height of the building
requires pressure in excess of that in the main water line. Capacity should be 20% average
daily demand plus fire reserve.
7. Electrical Power Supply
When power is available within the locality of the project site, its connection to the
subdivision is required. Actual connection, however, may depend on the minimum
number of users as required by the power supplier.
Provision of street lighting per pole shall be mandatory if poles are 50-meter distance and
at every other pole if the distance is less than 50 meters. Installation practices, materials
and fixtures used, shall be in accordance with the provisions of the existing rules and
regulations of the National Electrical Code of the Philippines or the Local Electric
Franchise Holder/Local Electric Cooperative or the local utility company.
Electric bills shall be proportionately shouldered by the users prior to issuance of

Certificate of Completion (COC) and turnover of open space to Local Government Unit
(LGU).

A SUBDIVISION 22
8. Sewage Disposal System
a. Septic Tank
The sewage disposal system shall be communal or individual septic tank conforming to
the design standard of the Sanitation Code of the Philippines.
b. Connection to Community Sewer System
Whenever applicable, connections shall be made to an approved public or community

sewer system, subject to the requirements and provisions of the Sanitation Code of the
Philippines and other applicable rules and regulations with regard to materials and
installation practices.
9. Drainage System
The design of the drainage system of the subdivision shall take into consideration existing
development of adjacent areas relative to their impact/effect on its drainage system, if
any. Further, it shall conform with the natural drainage pattern of the subdivision site, and
shall drain into appropriate water bodies or public drainage system or natural outfalls. In
no case shall drainage outfalls drain into a private lot. Its layout shall conform with sound
engineering design principles certified by a duly licensed civil/sanitary engineer. Drain
lines shall be of durable materials and approved installation practices.
The minimum drainage system for economic and socialized housing shall be concrete
lined canal with load bearing cover.
In case of non-existence of drainage system in the locality, catchment area for drainage
discharge shall be provided for and developed by the owner/developer in consultation
with local authorities or private entities concerned, to prevent flooding of adjacent
property. Moreover, said catchment area shall be made safe and maintained.
If applicable, underground drainage system shall be provided with adequate reinforced

concrete pipes (RCP), catch basins, manholes/inlets and cross drain for efficient
maintenance. Minimum drainage pipe shall be 300 milimeters.
10. Garbage Disposal System
Garbage disposal shall be undertaken by the local government or in the absence

thereof, by individual lot owners or homeowners association, with proper observance of
sanitary practices and methods.
11. Firefighting
The Homeowners Association shall form fire brigade in collaboration with the barangay
fire brigade. Water for firefighting shall be part of the water supply requirements and shall
comply with the requirements of the local/district fire unit of the Philippine National Police.

A SUBDIVISION 23
Table 9: PLANNING AND DESIGN STANDARDS FOR A RESIDENTIAL SUBDIVISION PROJECT

UNDER BP 220

A SUBDIVISION 24

A SUBDIVISION 25

A SUBDIVISION 26

A SUBDIVISION 27

A SUBDIVISION 28
Section 6. Building Design Standards and Guidelines
Projects incorporating housing components shall comply with the following design
standards and guidelines.
A. Single-Family Dwelling (Applicable for both Economic and Socialized Housing)
1. Lot Planning
a. Access to the Property
Direct access to the single-family dwelling shall be provided by means of an abutting

public street or pathwalk. However, pathwalk shall only be allowed as pedestrian access
to property for Socialized Housing projects.
b. Access to the Dwelling Unit
An independent means of access to the dwelling unit shall be provided without

trespassing adjoining properties. Acceptable means of access to the rear yard of the
dwelling unit shall be provided without passing through any other dwelling unit or any
other yard.
c. Open Space Requirements
Open spaces shall be located totally or distributed anywhere within the lot in such a
manner as to provide maximum light and ventilation into the building.

A SUBDIVISION 29
d. Sizes and Dimensions of Courts or Yards
The minimum horizontal dimension of courts and yards shall not be less than 2.0 meters.
All inner courts shall be connected to a street or yard, either by a passageway with a
minimum width of 1.20 meters or by a door through a room or rooms.
Every court shall have a width of not less than 2.0 meters for one and two storey buildings.
However, this may be reduced to not less than 1.50 meters in cluster living units such as
quadruplexes, row houses and the like, one or two stories in height with adjacent courts
with an area of not less than 3 square meters. Provided, further, that the separation walls
or fences, if any, shall not be higher than 2.0 meters. Irregularly shaped lots such as
triangular lots and the like whose courts may also be triangular in shape may be
exempted from having a minimum width of 2.0 meters, provided that no side thereof shall
be less than 3.0 meters.
e. Abutments
Abutments on the side and rear property lines may be allowed provided the following
requirements shall be complied with:
1) Open space as prescribed in the table below:
Table 10: Private Open Space Requirements
2) Window opening as prescribed in number 2.C.2 below.
3) Firewall shall have a minimum of one-hour fire resistive rating.
2. Building Design Standards (Applicable for both Economic and Socialized Housing)
a. Space Standards
Spaces within the dwelling structures shall be distributed in an economical, efficient and
practical manner so as to afford the maximum living comfort and convenience and to
insure health and safety among the occupants. It shall provide complete living facilities

A SUBDIVISION 30
for one family including provisions for living, sleeping, laundry, cooking, eating, bathing
and toilet facilities.
b. Ceiling Heights
1) Minimum ceiling height for habitable rooms shall be measured from the finished floor
line to the ceiling line. Where ceilings are not provided, a minimum headroom clearance
of 2.0 meters shall be provided. (See Fig. 5: Minimum Ceiling Heights)
Fig. 5: Minimum Ceiling Heights
2) Mezzanine floors shall have a clear ceiling height of not less than 1.80 meters above
and below it, provided that it shall not cover 50% of the floor area below it. (See Fig. 6:
Mezzanine Floor)
Figure 6: Mezzanine Floor

A SUBDIVISION 31
c. Openings
1) Doors
a) A minimum of one entrance/exit shall be provided where the number of occupants is

not more than 10, and 2 entrances/exits where the number of occupants is greater than
10.
b) Doors shall have a minimum clear height of 2.0 meters. Except for bathroom and
mezzanine doors which shall have a minimum clear height of 1.80 meters.
c) Minimum clear widths of doors shall be as follows:
Main Door 0.80 m.
Service/Bedroom Doors 0.70 m.
Bathroom Door 0.60 m. (See Fig. 7: Door Openings)
Fig. 7 : Door Openings
2) Windows
a) Rooms for habitable use shall be provided with windows with a total free area of
openings equal to at least 10% of the floor area of the room.
b) Bathrooms shall be provided with window/s with an area not less than 1/20 of its floor
area.
c) Required windows may open into a roofed porch where the porch:
c.1 abuts court, yard, public street or alley, or open water course and other public open
spaces;
c.2 has a ceiling height of not less than 2.0 meters.

A SUBDIVISION 32
3) Interior Stairs
The stairs shall ensure structural safety for ascent and descent, even in extreme cases of
emergency. It shall afford adequate headroom and space for the passage of furniture.
a) Width. Stairways shall have a minimum clear width of 0.60 meter.
b) Riser and Run. Stairs shall have a maximum riser height of 0.25 meter and a minimum
tread width of 0.20 meter. Stair treads shall be exclusive of nosing and/or other
projections.
c) Headroom Clearance. Stairs shall have a minimum headroom clearance of 2.0

meters. Such clearance shall be established by measuring vertically from a place parallel
and tangent to the stairway tread moving to the soffit above all points.
d) Landings. Every landing shall have a dimension measured in the direction of travel
equal to the width of the stairway. Maximum height between landing shall be 3.60
meters.
e) Handrails. Stairways shall have at least one handrail on one side provided there is a
guard or wall on the other side. However, stairways with less than 4 risers need not have
handrails, and stairs with either a guard or wall on one end need not be provided with a
handrail on that end.
f) Guard and Handrail Details. The design of guards and handrails and hardware for
attaching handrails to guards, balusters of masonry walls shall be such that these are
made safe and convenient.
f.1 Handrails on stairs shall not be less than 0.80 meter or more than 1.20 meters above
the upper surface of the tread, measured vertically to the top of the rail from the leading
edge of the tread. (See Fig. 8: Stairway Design)
f.2 Handrails shall be so designed as to permit continuous sliding of hands on them and
shall be provided with a minimum clearance of 38 millimeters from the wall to which they
are fastened. (See Fig. 8: Stairway Design).
f.3 The height of guards shall be measured vertically to the top guard from the leading
edge of the tread or from the floor of landings. It shall not be less than 0.80 meter and
no more than 1.20 meters. Masonry walls may be used for any portion of the guard.

A SUBDIVISION 33
g) Winding and Circular Stairways. Winding and circular stairways may be used if the
required width of run is provided at a point not more than 300 millimeters from the side of
the stairway where the treads are narrower but in no case shall any width of run be less
than 150 millimeters at any point. The maximum variation in the height of risers and the
width of treads in any one flight shall be 5 millimeters. (See Fig. 9: Winding and Circular
Stairways)
h) Ladders. The use of ladders may be allowed provided that the maximum distance
between landings shall be 1.80 meters.
d. Roofing
Roofing material that is impervious to water shall be provided.

A SUBDIVISION 34
e. Electrical Requirements
There shall be provided at least one light outlet and one convenience outlet per activity
area.
f. Firewall (Amended per Board Res. No. 824, Series of 2008)
Whenever a dwelling abuts on a property line, a firewall shall be required. The firewall
shall be of masonry construction, at least 150 millimeters or 6 inches thick and extend
vertically from the lowest portion of the wall adjoining the living units up to a minimum
height of 0.30 meter above the highest point of the roof attached to it. The firewall shall
also extend horizontally up to a minimum distance of 0.30 meter beyond the outermost
edge of the abutting living units.
A firewall shall be provided for duplex/single-attached units and at every unit for row
houses. No openings whatsoever shall be allowed except when the two abutting spaces
of 2 adjacent living units are unenclosed or partially open, e.g. carports, terraces, patios,
etc.; instead, a separation wall shall be required. (See Fig. 10: Firewall for Dwelling Units
on Property Line).
Ceiling should be compartmentalized and should not be continuous from one living unit
to another.
Fig. 10: Firewall for Dwelling Units on Property Line

A SUBDIVISION 35
B. Multi-Family Dwellings and Condominiums (Applicable for both Economic and

Socialized Housing)
1. Lot Planning
a. Access to the property. Direct vehicular access to the property shall be provided by
means of an abutting improved public street.
b. Access to the dwelling. An independent means of access shall be provided to each

dwelling, or group of dwellings in a single plot, without trespassing adjoining properties.
Each dwelling must be capable of maintenance without trespassing adjoining units.
Utilities and service facilities must be independent for each dwelling unit.
Each dwelling unit shall be provided with a sanitary means for the removal of garbage
and trash.
c. Access to living units. An independent means of access to each living units shall be
provided without passing through any yard of a living unit or any other yard.
d. Non-residential use. Portions of the property may be designed for nonresidential use
provided the type of non-residential use is harmonious or compatible with the residential
character of the property. Some examples of allowable non-residential uses are private
clinic/office, garages, and carports.
The computation of the non-residential area shall include hallways, corridors or similar
spaces which serve both residential and nonresidential areas. (See Fig. 11: Non-
Residential Use)
Fig. 11: Non - Residential Use
e. Cooperative store, and structures for the homeowners’ association.
Any non-residential use of any portion of the property shall be subordinate to the
residential use and character of the property. The floor area authorized for non-
residential use, whether in the principal dwelling structure or in any accessory building,
shall not exceed 25% of the total residential area.

A SUBDIVISION 36
f. Open Space Requirements. Portions of the property shall be devoted to open space
to provide adequate light, ventilation and fire safety.
1) Setbacks from the property line shall be maintained, the minimum of which shall be
the following:
Table 11: Minimum Setbacks per Storey
2) Distance between buildings shall also be adequately maintained to ensure light and
ventilation.
In general, the minimum distance between 2 buildings in which the taller buildings does
not exceed 2 storeys shall be 4.0 meters. And the minimum horizontal clearance
between the two roof eaves shall be 1.50 meters. (See Fig. 12: Distance Between 2-Storey
Buildings).
Fig. 12: Distance Between 2-Storey Buildings

A SUBDIVISION 37
The minimum distance between two buildings wherein the taller building has 3 or 4
storeys, shall be 6.0 meters. And the minimum horizontal clearance between the two roof
eaves shall be 2.0 meters. (See Fig. 13: Distance Between 3-Storey Buildings)
Fig. 13: Distance Between 3 - Storey Buildings
The minimum distance between buildings with more than 4 storeys shall be 10 meters.
The minimum horizontal clearance shall be 6.0 meters.
Except, however, in cases when the two sides of the buildings facing each other are blank
walls, i.e., either there are no openings or only minimal openings for comfort rooms, the
minimum distance between the buildings shall be 2.0 meters. And the horizontal
clearance between the roof eaves shall be 1.0 meter. (See Fig. 14: Distance Between
Blank Walls of Two Buildings)
Fig. 14: Distance Between Blank Walls of Two Buildings

A SUBDIVISION 38
In the measurement of distance between two buildings, measurement shall be made

where the distance between the two buildings is shortest. (See Fig. 15: Measurement of
Distance Between Buildings).
Fig. 15: Measurement of Distance Between Buildings
g. Parking Requirements. (Amended per Board Res. No. 824, Series of 2008)
For multi-family dwellings and condominiums, the parking requirement shall be one (1)
parking slot per eight (8) living units. The size of an average automobile (car) parking
slot must be computed at 2.5 meters by 5.0 meters for perpendicular or diagonal parking
and at 2.15 meters by 6.0 meters for parallel parking.
The driveway may be used as parking area provided that the minimum right-of-way shall
be maintained. (See figure 16: Parking Layout).
Fig. 16: Parking Layout

A SUBDIVISION 39

A SUBDIVISION 40
Off-site parking may be allowed in addition to on-site parking provided that designated
parking area is part of the project and provided further that it shall not be 100 meters
away from the condominium project.
Mandatory compliance with additional parking space required by local ordinances.
2. Building Design Standards
a. Living Units
In general, all building design standards for the single-family dwelling shall apply to all
living units of multi-family dwellings, except that, the minimum floor area of a living unit in
multi-family dwellings shall be 22 square meters for economic housing and 18 square
meters for socialized housing. For BP 220 condominium projects, the minimum floor area
shall be 18 square meters.
b. Exits, Corridors, Exterior Exit Balconies and Common Stairways
Standards for exits, corridors, exterior balconies and common stairways shall conform with
the provisions of the National Building Code of the Philippines and its Implementing Rules
and Regulations as well as Section 3.1007 of the Implementing Rules and Regulations of
the Fire Code of the Philippines.

A SUBDIVISION 41
Automatic fire alarm suppression system should be provided for structure more than 15
meters in height.
c. Utilities and Services
To ensure healthful and livable conditions in the project, basic utilities and services shall
be provided, the minimum requirements of which shall be:
1) Water Supply
Water supply shall be potable and adequate in amount; a main service connection and
a piping system with communal faucets to serve the common areas like the garden,
driveways, etc. shall be provided. Pipes branching out from the main water line shall
service the individual units which shall be provided with individual water meters.
2) Power Supply/Electrical Service
If available in the vicinity, a main power service shall be provided with a main circuit to
service common lighting as well as common power needs of the dwellings. Like the water
system, however, branch circuits with separate meters shall service the individual living
units.
3) Drainage System
Surface run-offs shall be channeled to appropriate repositories.
4) Sewage Disposal System
Sewage disposal may be accomplished by any of the following means:
a) discharge to an existing public sewerage system
b) treatment in a community disposal plant or communal septic tank
c) treatment in individual septic tanks with disposal by absorption field or leaching pit
5) Garbage Disposal System
Adequate services for the regular collection and disposal of garbage and rubbish
shall be in compliance with applicable local ordinances.
6) Elevator Requirements (If Applicable) (Amended per Board Res. No. 824, Series of 2008)
Provision of elevators shall be required for buildings 6 storeys and beyond. The same
shall conform with the plans and specifications of the duly licensed design
architect/engineer who shall determine the requirement for elevators including the
number of cars, capacity, safety features and standards, elevator type, speed and
location in relation to the overall design and use of the building. The design
architect/engineer shall certify under oath that all components thereof are in
accordance with the National Building Code of the Philippines, Accessibility Law,
National Industry Standards and other pertinent laws.

A SUBDIVISION 42
Compliance to the provisions of the Fire Code of the Philippines shall be mandatory.
3. General Construction Requirements
a. Structural Requirements
All construction shall conform with the provisions of the latest edition of the Philippine
Structural Code.
b. Electrical Requirements
All electric systems, equipment and installation shall conform with the provisions of the
latest edition of the Philippine Electrical Code and the requirements of the electric
utility that serves the locality.
c. Sanitary Requirements
All sanitary systems, equipment and installation shall conform with the provisions of the
latest edition of Sanitation Code of the Philippines and its Implementing Rules and
Regulations and National Plumbing Code.
d. Construction Materials
The use of indigenous materials for site development and construction of dwellings
shall be encouraged, as long as these are in conformity with the requirements of these
Rules and ensures a building life span of at least 25 years, or in correspondence to
loan terms payment.
Section 7. Variances/Exemptions
Variances from these standards and requirements may be granted pursuant to the
conditions stipulated in Board Resolution No. R-97, series of 1982 (Annex 2) under strict
observance hereof will cause unnecessary hardship to the case of regional
considerations/characteristics, peculiarities of the location and other relevant factors.
RULE III APPROVAL OF SUBDIVISION PLANS AND BUILDING DESIGNS
Section 8. Approval Required
No development of economic and socialized housing projects shall be allowed

without having complied with the standards and approval procedures set forth in
these Rules.
An approved socialized housing project shall not be upgraded to any other type of
housing project.
Section 9. Approval of Proposed Residential Houses of Average and Low-Income

Earners

A SUBDIVISION 43
Individual lot owners who are average and low-income earners as defined under BP
220 may construct their individual residential houses in the manner provided by these
Rules, provided that:
1. The development approval is secured from Local Government Unit thru

Sangguniang Bayan or Sangguniang Panglunsod prior to their construction and;
2. The proposed building plans are submitted to the city/municipal engineer for
approval.
Section 10. Application for Approval of Subdivision Development Plan
Every registered owner or developer of a parcel of land who wishes to convert the
same into a subdivision project shall apply with the Housing and Land Use Regulatory
Board or Local Government Unit concerned for approval of the subdivision
development plan by filing the following:
A. For Optional Application for Preliminary Subdivision Development Plan
1. At least 2 sets of site development plan (schematic plan) at a scale ranging from
1:200 to 1:2,000 showing the proposed layout of streets, lots, parks and playgrounds
and other features in relation to existing conditions in the area, prepared, signed and
sealed by any licensed and registered architect, environmental planner, civil
engineer, or geodetic engineer. (Amended per Board Res. No. 794, Series of 2006)
2. A set of the following documents duly signed and sealed by a licensed geodetic
engineer:
a. Vicinity map indicating the adjoining land uses, access, as well as existing facilities
and utilities at least within 500 meters from the property boundaries of the project,
drawn to any convenient scale.
b. Topographic plan to include existing conditions as follows:
1) Boundary lines: bearings and distances or geographic coordinates of the

reference or tie point (referred to as the BLLM #);
2) Streets, easements, width and elevation of right-of-way within the project and
adjacent subdivisions/areas;
3) Utilities within and adjacent to the proposed subdivision project, location, sizes and
invert elevations of sanitary and storm or combined sewers; location of gas lines, fire
hydrants, electric and telephone poles and street lights. If water mains and sewers
are not within/adjacent to the subdivision, indicate the direction and distance to and
size of nearest one, showing invert elevations of sewers, if applicable;
4) Ground elevation of the subdivision: for ground that slopes less than 2%, indicate
spot elevations at all breaks in grade, along all drainage channels and at selected
points not more than 25 meters apart in all directions: for ground that slopes more
than 2%, either indicate contours with an interval of not more than 0.50 meter if

A SUBDIVISION 44
necessary due to irregular land or need for more detailed preparation of plans and
construction drawings.
5) Watercourses, marshes, rock and wooded areas, presence of all preservable trees
in caliper diameter of 200 millimeters, houses, barns, shacks, and other significant
features.
6) Proposed public improvements: highways or other major improvements planned

by public authorities for future construction within/adjacent to the subdivision.
c. Survey plan of the lot(s) as described in TCT(s).
3. At least 2 copies of certified true copy of title(s) and current tax receipts
4. Right to use or deed of sale of right-of-way for access road and other utilities when
applicable, subject to just compensation for private land.
Approval of the Preliminary Subdivision Development Plan will be valid only for a
period of 180 days from date of approval.
B. For application for Subdivision Development Permit
1. All requirements for application for preliminary Subdivision Development Plan as

specified on Section 10.A of this Rule.
2. Subdivision Development Plan consisting of the site development plan at any of

the following scales: 1:200; 1:1,000; or any scale not exceeding 1:2,000; showing all
proposals including the following:
a. Roads, easements or right-of-way and roadway width, alignment, gradient, and

similar data for alleys, if any.
b. Lot numbers, lines and areas and block numbers.
c. Site data such as number of residential and saleable lots, typical lot size, parks and
playgrounds and open spaces.
The Subdivision Development Plan shall be prepared, signed and sealed by any
licensed and registered architect, environmental planner, civil engineer or geodetic
engineer. (Amended per Board Res. No. 794, Series of 2006)
3. Civil and Sanitary Works Design
Engineering plans/construction drawings based on applicable engineering code and

design criteria to include the following:
a. At least 2 copies of road (geometric and structural) design/plan duly signed and
sealed by a licensed civil engineer.

A SUBDIVISION 45
1) Profile derived from existing topographic map signed and sealed by a licensed
geodetic engineer showing the vertical control, designed grade, curve elements and
all information needed for construction.
2) Typical roadway sections showing relative dimensions of pavement, sub-base and

base preparation, curbs, gutters, sidewalks, shoulders, benching and others.
3) Details of roadway and miscellaneous structure such as curb and gutter (barrier,
mountable and drop), slope protection wall and retaining wall.
b. At least 2 copies of storm drainage and sanitary sewer system duly signed and
sealed by a licensed sanitary engineer or civil engineer.
1) Profile showing the hydraulic gradients and properties of sanitary and storm
drainage lines including structures in relation with the road grade line.
2) Details of sanitary and storm drainage lines and miscellaneous structures such as
various types of manholes, catch basins, inlets (curb, gutter, and drop), culverts and
channel linings.
c. At least 2 copies of site grading plan with finished contour lines superimposed on
the existing ground the limits of earth work embankment slopes, cut slopes, surface
drainage, drainage outfalls and others, duly signed and sealed by a licensed civil
engineer.
4. At least two 2 copies of water system layout and details duly signed and sealed by
a licensed sanitary engineer or civil engineer. Should a pump motor has a horsepower
(hp) rating of 50 hp or more, its pump rating and specifications shall be signed and
sealed by a professional mechanical engineer.
5. Certified true copy of tax declaration covering the property(ies) subject of the
application for the year immediately preceding;
6. Zoning Certification from HLURB Regional Office.
7. Certified true copy of DAR Conversion Order.
8. Certified true copy of Environmental Compliance Certificate (ECC) or Certificate

Of Non-Coverage (CNC), whichever is applicable, duly issued by the DENR;
9. At least 2 copies of project description for projects having areas of 1 hectare and
above to include the following:
a. Project profile indicating the cost of raw land and its development (total project
cost), amortization schedule, sources of financing, cash flow, architectural scheme, if
any, and work program;

A SUBDIVISION 46
b. Audited financial statement for the last 3 preceding years;
c. Income Tax Return for the last three 3 preceding years;
d. Certificate of registration with Securities and Exchange Commission (SEC);
e. Articles of incorporation or partnership;
f. Corporation by-laws and all implementing amendments, and
g. For new corporations (3 years and below) statement of capitalization and sources
of income and cash flow to support work program.
10. Plans specifications, bill of materials and cost estimates duly signed and sealed by
the appropriate licensed professionals.
11. Application for permit to drill from the National Water Resources Board (NWRB).
12. Traffic impact assessment for projects 30 hectares and above.
13. List of names of duly licensed professionals who signed the plans and other similar
documents in connection with application filed indicating the following information:
a. Surname;
b. First name;
c. Middle name;
d. Maiden name, in case of married women professional;
e. Professional license number, date of issue and expiration of its validity; and
f. Professional tax receipt and date of issue
g. Taxpayer’s identification number (TIN)
If the establishment of the subdivision project is physically feasible and does not run
counter to the approved Comprehensive Land Use Plan and Zoning Ordinance of the
City or Municipality and the plan complies with these Rules, the same shall be
approved and a Development Permit shall be issued upon payment of the prescribed
processing fee.
A Development Permit shall only be valid for a period of 3 years from date of issue if
no physical development is introduced.
The owner or developer shall cause the necessary surveys of the project and prepare
the survey returns with technical description and computations duly signed and
sealed by a licensed geodetic engineer to be submitted together and in accordance
with the approved subdivision plan, to the Land Management Sector (LMS) for
verification and approval; pursuant to Section 50 of PD 1529 (Property Registration

A SUBDIVISION 47
Decree) and subject to the provisions of R.A. 8560 and its Implementing Rules and
Regulations.
Section 11. Evaluation of Land Development and Structural Design Components of

Project
Should the project be found locationally viable, the Board shall proceed to determine
whether the land development scheme and building design are in accordance with
the standards set forth in these Rules. If the design is not in compliance with the
standards set forth in these Rules, the developer shall be required to revise the same.
Section 12. Survey and Approval of Subdivision Plan
Upon the approval of the subdivision development plan for economic and socialized
housing projects, the developer shall submit the subdivision plan together with the
parcellary map to the Land Management Sector for the conduct of verification
survey and approval of the subdivision scheme.
Section 19. Definition of terms
As used in this rules, the following words and phrases are defined and understood to
have the meaning correspondingly indicated therein.
1. Alley – a public way with a width of 2.0 meters intended to break a block and to
serve both pedestrian and for emergency vehicles, both ends connecting to streets.
It shall not be used as access to property.
2. Block - A parcel of land bounded on the sides by streets occupied by or intended

for buildings.
3. Board or HLURB - shall mean the Housing and Land Use Regulatory Board.
4. Cluster Housing - single-family detached dwelling unit containing three or more

separate living units grouped closely together to form relatively compact structures.
5. Community Facilities - facilities or structures intended to serve common needs and

for the benefit of the community, such as neighborhood/multipurpose center,
drugstore, school, livelihood center, and the like.
6. Dwelling - a building designed or used as residence for one or more families.
a. Dwelling Types
Single Detached - a dwelling for 1 family which is completely surrounded by

permanent open spaces, with independent access, services, and use of land.
Duplex/Single Attached - a dwelling containing 2 or more separate living units each

of which is separated from another by party or lot lines walls and provided with

A SUBDIVISION 48
independent access, services, and use of land. Such dwelling shall include duplexes,
quadruplex or terraces, and cluster housing.
Row house - a single-attached dwelling containing 3 or more separate living units

designed in such a way that they abut each other at the sides, as in a row, and are
separated from each other by party walls; provided with independent access, and
use of land. There shall be a maximum of 20 units per block or cluster but in no case
shall this be beyond 100 meters in length.
Single-family dwelling – shall mean single family per lot.
Multi Family Dwelling – a dwelling on 1 lot containing separate living units for 3 or more
families, usually provided with common access, services and use of land.
b. Level of Completion
Shell house - a habitable dwelling unit which meets the minimum requirements for a
housing core with the following additional components being included as part
thereof:
1) All exterior walls to enclose the unit
2) Openings for doors and windows
3) Plumbing fixtures
4) Electrical wiring within the unit
5) Floor
Complete House - a habitable dwelling unit which meets the minimum requirements
for a shell house with the following additional components being included as part
thereof: all windows and doors and partition walls for separating functional areas.
7. Economic Housing - a type of housing project provided to average income families.
8. Fire Resistive Time Period Rating - fire resistive time period is the length of time a
material can withstand being burned which may be 1 hour, 2 hours, 3 hours, 4 hours
or more.
9. Firewall - any wall which separates 2 abutting living units and extends vertically from
the lowest portion of the wall which adjoins the 2 living units up to a minimum height
of 0.30 meter above the highest portion of the roof attached to it; the firewall shall
also extend horizontally up to a minimum distance beyond the outermost edge of the
abutting living units. (Amended per Board Res. No. 824, Series of 2008)
10. Frontage - that part or end of a lot which abuts a street.

A SUBDIVISION 49
11. Living Unit - a dwelling, or portion thereof, providing complete living facilities for 1
family, including provisions for living, sleeping, cooking, eating, bathing and toilet
facilities and laundry facilities, the same as a single-family dwelling.
12. Lot - a portion of a subdivision or any parcel of land intended as a unit for transfer
of ownership or for building development.
13. Lot Line Wall - a wall used only by the party upon whose lot the wall is located,
erected at a line separating two parcels of land each of which is a separate real
estate entity.
14. Multi Family Dwelling – a dwelling on one lot containing separate living units for 3
or more families, usually provided with common access, services and use of land.
15. Occupancy – the purpose for which a building is used or intended to be used. The
term shall also include the building or room housing such use. Change of occupancy
is not intended to include change of tenants or proprietors.
16. Open Space - shall refer to areas allocated for the following purposes:
a. Circulation
b. Community facilities
c. Park/playground
d. Easements
e. Courts
17. Party Wall - a wall used jointly by two parties under easement agreement, erected
upon a line separating 2 parcels of land each of which is a separate real estate.
18. Pathwalk – a public way intended to be used only as pedestrian access to

property for socialized housing projects. It shall have a width of 3.0 meters and a
maximum length of 60 meters.
19. Parks/Playgrounds - that portion of the subdivision which is generally not built on
and intended for passive or active recreation.
20. Socialized Housing - refers to housing programs and projects covering houses and
lots and homelots only undertaken by the government or the private sector for the
underprivileged and homeless citizens which shall include sites and services
development, long term financing, liberalized terms on interest payments, and such
other benefits in accordance with the provisions of R.A. 7279 or the urban
development and housing act of 1992.

A SUBDIVISION 50
Section 20. Conformance to the Requirements of Other Pertinent Laws, Rules and
Regulations
Unless otherwise amended or expressly provided, the provisions of Presidential Decree

No. 957 and its Implementing Rules on the following Sections are hereby adopted in
these Rules:
1. Application for approval of condominium projects
2. Registration of real estate dealers, brokers and salesmen
3. Submission of Semestral Reports on Operations
4. Display of Certificate of Registration and License to Sell
5. Lost or Destroyed Certificate of Registration or License to Sell
6. Advertisement
7. Time of Completion
8. Transfer of ownership or change of name
9. Alteration of Plans
10. Non-Forfeiture of Payments
11. Registration of Conveyance
12. Mortgages
13. Complaints against owners, developers, dealers, brokers, salesmen
14. Administrative fines
15. Criminal penalties
16. Take-over Development
17. Fees
18. Identification of lot subject of sale
19. Broker/salesmen as witness to sales
20. Phases of Subdivision
21. Realty Tax and Other Charges
22. Conversion of existing structures

A SUBDIVISION 51
Section 21. Non-Development
Failure on the part of the owner or developer to develop the project in accordance
with the approved project plans and within the time herein specified shall subject the
owner/developer to administrative sanctions and penalties.
Section 22. Organization and Registration of Homeowners
The owner or developer of a socialized and economic housing project shall initiate
the organization of a homeowners association among the buyers and residents of the
project for the purpose of promoting and protecting their mutual interest. Said
homeowners association shall register with the Board and the latter is hereby
authorized to accredit and determine the legitimate homeowners association of the
housing project for purposes of applying the pertinent provisions of these Rules.
Section 23. Donation of Roads, Open Spaces and Water Supply
The owner or project developer shall donate the roads and open spaces found in the
project to the local government of the area after their completion had been certified
to by the Board and it shall be mandatory for the said local government to accept
such donations. Parks and playgrounds maybe donated to the duly accredited
Homeowners Association of the project with the consent of the city or municipality
concerned under PD 1216.
The water supply system of the project may likewise be donated to the duly
accredited homeowners association after certification by the Board of its completion
and of its being operational. Should the homeowners not accept the donation, the
owner or developer of the project shall collect reasonable rates to be determined by
the Board in consultation with the National Water Resources Board or the Local Water
Works and Utilities Administration. The proceeds thereof shall be used exclusively for
the maintenance and operation of the water system by the developer.
References:
 http://hlurb.gov.ph/wp-content/uploads/laws-and-issuances/Revised_IRR_BP220_2008.pdf
 https://www.sheltercluster.org/sites/default/files/docs/Rules%20and%20regulations%20BP220%
20Revised.pdf

A SUBDIVISION 52
PRESIDENTIAL DECREE No. 1216
DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF

PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS,
ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR RECREATIONAL USE
WHEREAS, there is a compelling need to create and maintain a healthy environment in

human settlements by providing open spaces, roads, alleys and sidewalks as may be
deemed suitable to enhance the quality of life of the residents therein;
WHEREAS, such open spaces, roads, alleys and sidewalks in residential subdivision are for
public use and are, therefore, beyond the commerce of men;
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%) of the total
area of a subdivision must be reserved, developed and maintained as open space for
parks and recreational areas, the cost of which will ultimately be borne by the lot buyers
which thereby increase the acquisition price of subdivision lots beyond the reach of the
common mass;
WHEREAS, thirty percent (30%) required open space can be reduced to a level that will
make the subdivision industry viable and the price of residential lots within the means of
the low income group and at the same time preserve the environmental and ecological
balance through rational control of land use and proper design of space and facilities;
WHEREAS, pursuant to Presidential Decree No. 757, government efforts in housing,

including resources, functions and activities to maximize results have been concentrated
into one single agency, namely, the National Housing Authority;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order and decree:
Section 1. For purposes of this Decree, the term "open space" shall mean an area
reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of
worship, hospitals, health centers, barangay centers and other similar facilities and
amenities.
Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as

follows:
"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a
subdivision shall provide adequate roads, alleys and sidewalks. For subdivision projects
one (1) hectare or more, the owner or developer shall reserve thirty percent (30%) of the
gross area for open space. Such open space shall have the following standards
allocated exclusively for parks, playgrounds and recreational use:
(a) 9% of gross area for high density or social housing (66 to 100 family lot per gross
hectare).

A SUBDIVISION 53
(b) 7% of gross area for medium-density or economic housing (21 to 65 family lot
per gross hectare).
(c) 3.5 % of gross area low-density or open market housing (20 family lots and
below per gross hectare).
These areas reserved for parks, playgrounds and recreational use shall be non-alienable
public lands, and non-buildable. The plans of the subdivision project shall include tree
planting on such parts of the subdivision as may be designated by the Authority.
Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and
playgrounds shall be donated by the owner or developer to the city or municipality and
it shall be mandatory for the local governments to accept provided, however, that the
parks and playgrounds may be donated to the Homeowners Association of the project
with the consent of the city or municipality concerned. No portion of the parks and
playgrounds donated thereafter shall be converted to any other purpose or purposes.
Section 3. Sections 2 and 5 of Presidential Decree No. 953 are hereby repealed and other
laws, decrees, executive orders, institutions, rules and regulations or parts thereof
inconsistent with these provisions are also repealed or amended accordingly.
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila, this 14th day of October, in the year of Our Lord, nineteen
hundred and seventy-seven.
Reference: http://www.lawphil.net/statutes/presdecs/pd1977/pd_1216_1977.html

A SUBDIVISION 54
PRESIDENTIAL DECREE No. 953

July 6, 1976
REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING UNAUTHORIZED
CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN TREES, PLANTS AND
VEGETATION
WHEREAS, the planting of trees on lands adjoining the edge of rivers and creeks in both
a measure of beautification and reforestation; and
WHEREAS, the planting of trees along roads and areas intended for the common use of
owners of lots in subdivisions will provide shade and healthful environment therein;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order and decree:
Section 1. The following shall plant trees:
1. Every person who owns land adjoining a river or creek, shall plant trees
extending at least five meters on his land adjoining the edge of the bank of the
river or creek, except when such land, due to its permanent improvement, cannot
be planted with trees;
2. Every owner of an existing subdivision shall plant trees in the open spaces
required to be reserved for the common use and enjoyment of the owners of the
lots therein as well as along all roads and service streets. The subdivision owner
shall consult the Bureau of Forest Development as to the appropriate species of
trees to be planted and the manner of planting them; and
3. Every holder of a license agreement, lease, license or permit from the

Government, involving occupation and utilization of forest or grazing land with a
river or creek therein, shall plant trees extending at least twenty (20) meters from
each edge of the bank of the river or creek.
The persons hereinabove required to plant trees shall take good care of them, and, from
time to time, remove any tree planted by them in their respective areas which has grown
very old, is diseased, or is defective, and replant with trees their respective areas
whenever necessary.
Section 2. Every owner of land subdivided into residential/commercial/industrial lots after

the effectivity of this Decree shall reserve, develop and maintain not less than thirty
percent (30%) of the total area of the subdivision, exclusive of roads, service streets and
alleys, as open space for parks and recreational areas.
No plan for a subdivision shall be approved by the Land Registration Commission or any
office or agency of the government unless at least thirty percent (30%) of the total area
of the subdivision, exclusive of roads, service streets and alleys, is reserved as open space
for parks and recreational areas and the owner thereof undertakes to develop such
open space, within three (3) years from the approval of the subdivision plan, in

A SUBDIVISION 55
accordance with the development plan approved by the Bureau of Forest Development
and to maintain such parks and recreational areas.
Very Important Note: The immediately preceding Section 2 of P.D. No. 953 was already
REPEALED by Section 3 of P.D. No. 1216, entitled “DEFINING "OPEN SPACE" IN RESIDENTIAL
SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING
SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE
FOR PARKS OR RECREATIONAL USE”, and promulgated 14 Oct 1977.
Section 3. Any person who cuts, destroys, damages or injures, naturally growing or
planted trees of any kind, flowering or ornamental plants and shrubs, or plants of scenic,
aesthetic and ecological values, along public roads, in plazas, parks other than national
parks, school premises or in any other public ground or place, or on banks of rivers or
creeks, or along roads in land subdivisions or areas therein for the common use of the
owners of lots therein, or any species of vegetation or forest cover found therein shall, be
punished with imprisonment for not less than six months and not more than two years, or
a fine of not less than five hundred pesos and not more than five thousand pesos, or with
both such imprisonment and fine at the discretion of the court, except when the cutting,
destroying, damaging or injuring is necessary for public safety or the pruning thereof is
necessary to enhance beauty, and only upon the approval of the duly authorized
representative of the head of agency or political subdivision having jurisdiction therein,
or of the Director of Forest Development in the case of trees on banks of rivers and creeks,
or of the owner of the land subdivision in the case of trees along roads and in other areas
therein for the common use of owners of lots therein. If the offender is a corporation,
partnership or association, the penalty shall be imposed upon the officer or officers
thereof responsible for the offense, and if such officer or officers are aliens, in addition to
the penalty herein prescribed, he or they shall be deported without further proceedings
before the Commission on Immigration and Deportation. Nothing in this Decree shall
prevent the cancellation of a license agreement, lease, license or permit from the
Government, if such cancellation is prescribed therein or in Government regulations for
such offense.
Section 4. Any person who shall violate any provision of Section one hereof, or any
regulation promulgated thereunder, shall be punished with imprisonment for not less than
six months but not more than two years, or with a fine of not less than five hundred pesos
but not more than five thousand pesos, or with both such imprisonment than fine at the
discretion of the court. If the offender is a public officer or employee, he shall, in addition,
be dismissed from the public service and disqualified perpetually to hold public office.
Section 5. Any person who shall violate the provision of Section 2 hereof, or any regulation
promulgated thereunder, shall be punished with imprisonment for not less than two (2)
years but not more than five (5) years, or with a fine equivalent to the value, at current
valuation, of the area representing thirty percent (30%) of the total area of the
subdivision, or both such fine and imprisonment at the discretion of the Court.
Very Important Note: The immediately preceding Section 5 of P.D. No. 953 was already
REPEALED by Section 3 of P.D. No. 1216, entitled “DEFINING "OPEN SPACE" IN RESIDENTIAL
SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING

A SUBDIVISION 56
SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE
FOR PARKS OR RECREATIONAL USE”, and promulgated 14 Oct 1977.
Section 6. The Director of Forest Development shall issue such rules and regulations as
may be necessary to carry out the purposes of this Decree.
Section 7. All laws, rules and regulations, or parts thereof, inconsistent herewith are hereby
repealed.
Section 8. This Decree shall take effect upon its promulgation.

Done in the City of Manila, this 6th day of July in the year of Our Lord, nineteen hundred
and seventy-six.
Reference: www.architectureboard.ph
EXECUTIVE ORDER NO. 71
March 23, 1993

DEVOLVING THE POWERS OF THE HOUSING AND LAND USE REGULATORY BOARD TO
APPROVE SUBDIVISION PLANS, TO CITIES AND MUNICIPALITIES PURSUANT TO R.A. NO. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNEMENT CODE OF 1991
WHEREAS, RA 7160 provides that the sangguniang bayan or sangguniang panlungsod,

respectively, shall, subject to national law, process and approve subdivision plan for
residential, commercial, or industrial purposes or other development purposes;
WHEREAS, PD 933, EO 648, S. of 1981, as amended by EO 90, S. of 1986, and Presidential

Decree 957, and other related laws provide for the rule-making standard setting,
enforcement and monitoring and adjudication and settlement of disputes over
subdivision, condominium and other estate development projects;
WHEREAS, RA 7279, otherwise known as the Urban and Housing Development Act of 1992,
in effect, reaffirms the above powers and functions of the HLURB;
WHEREAS, there is a need to ensure the effective and efficient devolution of powers to
local government units, and provide for an orderly and smooth transition as well as
definition of future interrelationships between the national and local government units;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers
vested in me by law, upon the recommendation of the Oversight Committee created
under SECTION 533 of RA 7160, do hereby order and direct;

A SUBDIVISION 57
SECTION 1. - Cities and municipalities shall heretofore assume the powers of the Housing
and Land Use Regulatory Board (HLURB) over the following:
(a) Approval of preliminary as well as final subdivision schemes and development plans
of all subdivisions, residential, commercial, industrial and for other purposes of the public
and private sectors, in accordance with the provisions of PD No. 957 as amended and its
implementing standards, rules and regulations concerning approval of subdivision plans;
(b) Approval of preliminary and final subdivision schemes and development plans of all
economic and socialized housing projects as well as individual or group building and
occupancy permits covered by BP 220 and its implementing standards, rules and
regulations;
Very Important Note: The immediately preceding Section 1 (b) of Executive Order No. 71
(only an executive issuance that is NOT a law unto itself, but only a tool to help implement
and/or enforce the law), does NOT concern projects for which a separate permitting and
review process is prescribed under P.D. No. 1096, otherwise known as the 1977 National
Building Code of the Philippines/ NBCP (effective 37 February 1977) and its 2004 Revised
IRR (effective 01 May 2005).
Specifically, the review and permitting processes (as proof of compliances under P.D. No.
957 and its 2001 IRR) governing the planning, design, advertisement and sale of
CONDOMINIUM buildings are apparently still under the care of the HLURB (and not of the
LGUs), albeit the separate building permit/s (as proof of compliances under P.D. No. 1096
and its 2004 Revised IRR) are still issued by the LGU Office of the Building Official (OBO),
as an agent of the DPWH.
(c) Evaluation and resolution of opposition against the issuance of development permits
for any of the said projects, in accordance with the said laws and the Rules of Procedure
promulgated by HLURB incident thereto;
(d) Monitoring the nature and progress of land development of projects it has approved,
as well as housing construction in the case of house and lot packages, to ensure their
faithfulness to the approved plans and specifications thereof, and, imposition of
appropriate measures to enforce compliance therewith.
In the exercise of such responsibilities, the city or municipality concerned shall be guided
by the work program approved by the Board upon evaluation of the developers’
financial, technical and administrative capabilities;
Moreover, the city or municipality concerned may call on the Board for assistance in the
imposition of administrative sanctions and the Department of Justice (DOJ) in the
institution of the criminal proceedings against violators;
(e) Assessment and collection of fees incident to the foregoing.

A SUBDIVISION 58
SECTION 2. - The HLURB shall retain such powers and functions not otherwise expressly
provided herein or under existing laws.
SECTION 3. – Without prejudice to the Board’s overall monitoring, enforcement and

visitorial powers, local chief executives shall designate appropriate local officials who
meet or possess the qualifications, standards and criteria set by the HLURB as
enforcement officers who shall have full power to monitor, investigate and enforce
compliance with these provisions of national laws and standards whose implementation
have been devolved to the local government in accordance with this Order.
Relative to the remaining provisions of the said laws, said officials shall, upon request of
local chief executive concerned, be authorized by the Board to initiate preliminary
monitoring and investigative activities, and issue initial notices to enforce compliance
with the Board’s mandates, orders and decisions. In all such cases, the enforcement
officer shall endorse the records of the case, together with his actions thereon to the
Board for its final disposition and further enforcement actions.
In the exercise of his responsibilities under this Order, the said enforcement officer shall be
under the functional supervision of HLURB, which shall promulgate standard operating
procedures, policy guidelines and instructions for the guidance of said officials and call
their attention to effect such remedial measures as may be necessary.
SECTION 4. - If in the course of evaluation of applications for registration and licensing of

projects within its jurisdiction, HLURB finds that a local government unit has overlooked or
mistakenly applied a certain law, rule or standard in issuing a development permit, it shall
suspend action on and return the application with a corresponding advice to the local
government concerned, so as to afford it an opportunity to take appropriate action
thereon. Such return and advice must likewise be effected within a period of thirty (30)
days from receipt by HLURB of the application.
SECTION 5. - The following rules shall apply upon the effectivity of this Order.
(a) HLURB shall cease accepting new applications for preliminary approval and
development permit of subdivision projects unless the provisions of the next paragraph
hereunder are applicable, and the city or municipality concerned shall commence
accepting and acting on new applications referred to in paragraph 1 of this Order;
(b) In those cases where the city or municipality concerned have not made any response
to notices of devolution sent by the HLURB, or which have signified their unpreparedness
to immediately assume the devolved functions, as of the said date, HLURB shall continue
to act on, process and approve such applications, until receipt of a subsequent notice
from the local government concerned, in the form of a resolution of the Sangguniang
Bayan/ Panlungsod that is ready, desirous and willing to immediately assume such

A SUBDIVISION 59
functions; Provided, that, the local government concerned shall give the HLURB
adequate advance notice of their desire to take over such responsibility, and provide for
a transition period of at least thirty (30) days from the orderly transfer of records and other
pertinent documents and materials;
(c) All applications for development permit that are in the active file of HLURB (i.e.,
awaiting responses or documentary requirements) shall forthwith be transferred to the
local government concerned for further processing and continuation of actions, unless
the provisions of the preceding paragraph are applicable.
To ensure orderly transition of functions, HLURB shall, upon effectivity of this Order,
reiterate its communication to the local government concerned, and shall continue to
act on all applications until receipt of response of readiness form the local government
concerned.
SECTION 6. - HLURB is hereby directed to extend adequate technical and legal assistance
and training activities to local government units who express the need therefore.
SECTION 7. - If any of the provisions of this Order are declared by a court of competent
jurisdiction to be invalid or inoperative, the remainder hereof not affected thereby shall
continue to remain in force and in effect.
SECTION 8. - This Executive Order supersedes any and all other Orders inconsistent
herewith, and shall take effect immediately upon its publication in two (2) newspapers of
general circulation.
Issued in the City of Manila, this 23rd day of March 1993.

Reference: www.architectureboard.ph
PRESIDENTIAL DECREE NO. 957
REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS, PROVIDING PENALTIES

FOR VIOLATIONS THEREOF
WHEREAS, it is the policy of the State to afford its inhabitants the requirements of decent
human settlement and to provide them with ample opportunities for improving their
quality of life;
WHEREAS, numerous reports reveal that many real estate subdivision owners, developers,
operators, and/or sellers have reneged on their representations and obligations to
provide and maintain properly subdivision roads, drainage, sewerage, water systems,
lighting systems, and other similar basic requirements, thus endangering the health and
safety of home and lot buyers;
WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent
manipulations perpetrated by unscrupulous subdivision and condominium sellers and
operators, such as failure to deliver titles to the buyers or titles free from liens and

A SUBDIVISION 60
encumbrances, and to pay real estate taxes, and fraudulent sales of the same
subdivision lots to different innocent purchasers for value;
WHEREAS, these acts not only undermine the land and housing program of the
government but also defeat the objectives of the New Society, particularly the promotion
of peace and order and the enhancement of the economic, social and moral condition
of the Filipino people;
WHEREAS, this state of affairs has rendered it imperative Mat the real estate. subdivision
and condominium businesses be closely supervised and regulated and that penalties be
imposed on fraudulent practices and manipulations committed in connection therewith.
NOW, THEREFORE, I, FERDINAND E MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby decree and order:
Title I. TITLE AND DEFINITIONS
SEC. 1. Title. - This decree shall be known as THE SUBDIVISION AND CONDOMINIUM BUYER'S
PROTECTIVE DECREE.
SEC. 2. Definition of Terms. - When used in this decree, the following terms shall unless the
context otherwise indicates, have the following respective meanings:
a) Person. - "Person" shall mean a natural or a juridical person. A juridical person refers
to a business firm whether a corporation, partnership, cooperative or association
or a single proprietorship.
b) Sale or Sell. - "Sale" or "Sell" shall include every disposition, or attempt to dispose,
for a valuable consideration, of a subdivision lot, including the building and other
improvements thereof, if any, in a subdivision project or condominium unit in a
condominium project. "Sale" and "Sell" shall also include a contract to sell, a
contract of purchase and sale, an exchange, an attempt to sell, an option of sale
or purchase, a solicitation of a sale, or any offer to sell, directly or by an agent, or
by a circular, letter, advertisement or otherwise.
A privilege given to a member of a cooperative, corporation, partnership, or any
association and/or the issuance of a certificate of receipt evidencing or giving the
right of participation in, or right, any land in consideration of payment of the
membership fee or dues, shall be deemed a sale within the meaning of this
definition.
c) Buy and Purchase. - The term "Buy" and "Purchase" shall include any contract to
buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot,
including the building and other improvements, if any, in a subdivision project or a
condominium unit in a condominium project.
d) Subdivision Project. - "Subdivision Project" shall mean a tract or a parcel of land
registered under Act No. 496 which is partitioned primarily for residential purposes
into individual lots with or without improvements thereon, and offered to the public
for sale, in cash or in installment terms. It shall include all residential, commercial,

A SUBDIVISION 61
industrial and recreational areas, as well as open spaces and other community
and public areas in the project.
e) Subdivision Lot. - "Subdivision Lot" shall mean any of the lots, whether residential,
commercial, industrial, or recreational, in a subdivision project.
f) Complex Subdivision Plan. - "Complex Subdivision Plan" shall mean a subdivision
plan of a registered land wherein a street, passageway or open space is
delineated on the plan.
g) Condominium Project. - "Condominium Project" shall mean the entire parcel of
real property divided or to be divided primarily for residential purposes into
condominium units, including all structures thereon.
h) Condominium Unit. - "Condominium Unit" shall mean a part of the condominium
project intended for any type of independent use or ownership, including one or
more rooms or spaces located in one or more floors (or part of parts of floors) in a
building or buildings and such accessories as may be appended thereto.
i) Owner. - "Owner" shall refer to the registered owner of the land subject of a
subdivision or a condominium project.
j) Developer. - "Developer" shall mean the person who develops or improves the
subdivision project or condominium project for and in behalf of the owner thereof.
k) Dealer. - "Dealer" shall mean any person directly engaged as principal in the
business of buying, selling or exchanging real estate whether on a full-time or part-
time basis.
l) Broker. - "Broker" shall mean any person who, for commission or other
compensation, undertakes to sell or negotiate the sale of a real estate belonging
to another.
m) Salesman. - "Salesman" shall refer to the person regularly employed by a broker to
perform, for and in his behalf, any or all the functions of a real estate broker.
n) Authority. - "Authority" shall mean the National Housing Authority.
Title II. REGISTRATION AND LICENSE TO SELL
SEC. 3. National Housing Authority. - The National Housing Authority shall have exclusive
jurisdiction to regulate the real trade and business in accordance with the provisions of
this Decree.
SEC. 4. Registration of Project. - The registered owner of a parcel of land who wishes to
convert the same into a subdivision project shall submit his subdivision plan to the
Authority which shall act upon and approve the same, upon a findings that the plan
complies with the Subdivision Standards and Regulations enforceable at the time the
plan is submitted. The same procedure shall be followed in the case of a plan for a
condominium project except that, in addition, said Authority shall act upon and approve
the plan with respect to the building or buildings included in the condominium project in
accordance with the National Building Code (PD 1096).

A SUBDIVISION 62
The subdivision plan, as so approved, shall then be submitted to the Director of Lands for
approval in accordance with the procedure prescribed in Section 44 of the Land
Registration Act (Act No. 496 as amended by R.A. No. 440): Provided, that in case of
complex subdivision plans, court approval shall no longer be required. The condominium
plan, as likewise so approved, shall be submitted to the Register of Deeds of the province
or city in which the property lies and the same shall be acted upon subject to the
conditions and in accordance with the procedure prescribed in Section 4 of the
Condominium Act (R.A. No. 4726).
The owner or the real estate dealer interested in the sale of lots or units, respectively, in
such subdivision project or condominium project shall register the project with the
Authority by filing therewith a sworn registration statement containing the following
information:
a) Name of the owner;
b) The location of the owner's principal business office, and if the owner is a non-resident
Filipino, the name and address of his agent or representative in the Philippines authorized
to receive notice;
c) The names and addresses of all the directors and officers of the business firm, if the
owner;
d) The general character of the business actually transacted or to be transacted by the

owner;
A statement of the capitalization of the owner, including the authorized and outstanding
amounts of its capital stock and the proportion thereof which is paid-up.
The following documents shall be attached to the registration statement:
a. A copy of the subdivision plan or condominium plan as approved in Accordance with

the first and second paragraphs of this section;
b A copy of any circular, prospectus, brochure, advertisement, letter, or Communication

to be used for the public offering of the subdivision lots or condominium units;
c. In case of a business firm, a balance sheet showing the amount and general character
01 its assets and liabilities and a copy of its articles of incorporation or articles n partnership
or association, as the case may be, with all the amendment thereof and existing by-laws
or instruments corresponding thereto;
d A title to the property which is free from all liens and encumbrances: Provided, however,
that in case any subdivision lot or condominium unit is mortgaged, it is sufficient if the
instrument of mortgage contains a stipulation that the mortgagee shall release the
mortgage on any subdivision lot or condominium unit as soon as the full purchase price
for the same is paid by the buyer.

A SUBDIVISION 63
The person filing the registration statement shall pay the registration fees prescribed
therefore by the Authority.
Thereupon, the Authority shall immediately cause to be published a notice of the filing of
the registration statement at the expense of the applicant - owner or dealer, in two
newspapers of general circulation, one published in English and another in Pilipino, once
a week for two consecutive weeks, reciting that a registration statement for the sale of
subdivision lots or condominium units has been filed in the National Housing Authority;
that the aforesaid registration statement, as well as the papers attached thereto, are
open to inspection during business hours by interested parties, under such regulations as
the Authority may impose; and that copies thereof shall be furnished to any party upon
payment of the proper fees.
The subdivision project or the condominium project shall be deemed registered upon
completion of the above publication requirement. The fact of such registration shall be
evidenced by a registration certificate to be issued to the applicant-owner or dealer.
SEC. 5. License to Sell. - Such owner or dealer to whom has been issued a registration
certificate shall not, however, be authorized to sell any subdivision lot or condominium
unit in the registered project unless he shall have first obtained a license to sell the project
within two weeks from the registration of such project.
The Authority, upon proper application therefore shall issue to such owner or dealer of a
registered project a license to sell the project if, after an examination of the registration
statement filed by said owner or dealer and all the pertinent documents attached
thereto, he is convinced that the owner or dealer is of good repute, that his business is
financially stable, and that the proposed sale of the subdivision lots or condominium units
to the public would not be fraudulent.
SEC. 6. Performance Bond. - No license to sell subdivision lots or condominium units shall
be issued by the Authority under Section 5 of this Decree unless the owner or dealer shall
have filed an adequate performance bond approved by said Authority to guarantee
the construction and maintenance of the roads, gutters, drainage, sewerage, water
system, lighting systems, and full development of the subdivision project or the
condominium project and the compliance by the owner or dealer with the applicable
laws and rules and regulations.
The performance bond shall be executed in favor of the Republic of the Philippines and
shall authorize the Authority to use the proceeds thereof for the purposes of its
undertaking in case of forfeiture as provided in this Decree.
SEC. 7. Exempt Transactions. - A license to sell and performance bond shall not be
required in any of the following transactions:
a) Sale of a subdivision lot resulting from the partition of land among co- owners and co-
heirs.

A SUBDIVISION 64
b) Sale or transfer of a subdivision lot by the original purchaser thereof and any
subsequent sale of the same lot.
c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee

in the ordinary course of business when necessary to liquidate a bona fide debt.
SEC. 8. Suspension of License to Sell. - Upon verified complaint filed by a buyer of a

subdivision lot or a condominium unit or any interested party, the Authority may, in its
discretion, immediately suspend the owner's or dealer's license to sell pending
investigation and hearing of the case as provided in Section 13 hereof.
The Authority may motu propio suspend the license to sell if, in its opinion, any information
in the registration statement filed by the owner or dealer is or has become misleading.
Incorrect, inadequate or incomplete or the sale or offering for sale of the subdivision or
condominium project may work or tend to work a fraud upon prospective buyers.
The suspension order may be lifted if, after notice and hearing, the Authority is convinced
that the registration statement is accurate or that any deficiency therein has been
corrected or supplemented or that the sale to the public of the subdivision or
condominium project will neither be fraudulent nor result in fraud. It shall also be lifted
upon dismissal of the complaint for lack of legal basis.
Until the final entry of an order of suspensions, the suspension of the right to sell the project,
though binding upon all persons notified thereof, shall be deemed confidential unless it
shall appear that the order of suspension has in the meantime be violated.
SEC. 9. Revocation of Registration Certificate and License to Sell. - The Authority may,
moto propio or upon verified complaint filed by a. buyer of a subdivision lot or
condominium unit, revoke the registration of any subdivision project and the license to
sell any subdivision lot or condominium unit in said project by issuing an order to this
effect, with his findings in respect thereto, if upon examination into the' affairs of the
owner or dealer during a hearing as provided for in Section 14 hereof, it shall appear
there is satisfactory evidence that the said owner or dealer:
a) Is insolvent; or
b) Has violated any of the provisions of this Decree or any applicable rule or regulation
of the Authority, or any undertaking of his/its performance bond; or
c) Has been or is engaged or is about to engage in fraudulent transactions; or
d) Has made any misrepresentation in any prospectus, brochure, circular or Other

literature about the subdivision project or condominium project that has been distributed
to prospective buyer; or
e) Is of bad business repute; or
f) Does not conduct his business in accordance with law or sound business principles.

A SUBDIVISION 65
Where the owner or dealer is a partnership or corporation or an unincorporated

association, it shall be sufficient cause for cancellation of its registration certificate and
its license to sell, if any member of such partnership or any officer or director of such
corporation or association has been guilty of any act or omission which would be cause
for refusing or revoking the registration of an individual dealer, broker or salesman as
provided in Section 11 hereof.
SEC. 10. Registers of Subdivision Lots and Condominium Units. - A record of subdivision lots
and condominium units shall be kept in the Authority wherein shall be entered all orders
of the Authority affecting the condition or status thereof. The registers of subdivision lots
and condominium units shall be open to public inspection subject to such reasonable
rules as the Authority may prescribe.
Title III. DEALERS, BROKERS AND SALESMEN
SEC. 11. Registration of Dealers, Brokers and Salesmen. - No real estate dealer, broker or
salesman shall engage in the business of selling subdivision lots or condominium units
unless he has registered himself with the Authority in accordance with the provisions of
this section.
If the Authority shall find that the applicant is of good repute and has complied with the
applicable rules of the Authority, including the payment of the prescribed fee, he shall
register such applicant as a dealer, broker, or salesman upon his filing a bond, or other
security in lieu thereof, in such sum as may be fixed by the Authority conditioned upon
his faithful compliance with the provisions of this Decree: Provided, that the registration
of a salesman shall cease upon the termination of his employment with a dealer or
broker.
Every registration under this section shall expire on the thirty-first day of December of each
year. Renewal of registration for the succeeding year shall be granted upon written
application therefore made not less than thirty nor more than sixty days before the first
day of the issuing year and upon payment of the prescribed fee, without the necessity
of filing further statements or information, unless specifically required by the Authority. All
applications filed beyond said period shall be treated as original applications.
The names and addresses of all persons registered as dealers, brokers or salesman shall
be recorded in a Register of Brokers, Dealers and Salesman kept in the Authority which
shall be open to public inspection.
SEC. 12. Revocation of Registration as Dealers, Brokers, Salesmen. Registration under the
preceding section may be refused or any registration granted there under, revoked by
the Authority if, after reasonable notice and hearing, it shall determine that such
applicant or registrant:
1) Has violated any provision of this Decree or any rule or regulation made hereunder; or
2) Has made a material false statement in his application for registration; or

A SUBDIVISION 66
3) Has been guilty of a fraudulent act in connection with any sale of a subdivision lot or
condominium unit; or
4) Has demonstrated his unworthiness, to transact the business of dealer, broker, or

salesman, as the case may be.
In case of charges against a salesman, notice thereof shall also be given the broker or
dealer employing such salesman.
Pending hearing of the case, the Authority shall have the power to order the suspension
of dealer's, broker's or salesman's registration; provided, that such order shall state the
cause for the suspension.
The suspension or revocation of the registration of a dealer shall carry with it all the
suspension or revocation of the registrations of all his salesman.
Title IV. PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE
SEC. 13. Hearing. - In the hearing for determining the existence of any ground or grounds
for the suspension and/or revocation of registration certificate and license to sell as
provided in Sections 8 and 9 hereof, the following shall be complied with:
a) Notice - No such hearing shall proceed unless the respondent is furnished with a copy
of the complaint against him or is notified in writing of the purpose of such hearing.
b) Venue - The hearing may be held before the officer or officers designated by the
Authority on the date and place specified in the notice.
c) Nature of Proceedings - The proceedings shall be non-litigious and summary in nature

without regard to legal technicalities obtaining in courts of law. The Rules of Court shall
not apply in said hearing except by analogy or in a suppletory character and whenever
practicable and convenient.
d) Power Incidental to the Hearing - For the purpose of the hearing of other Proceeding
under this Decree, the officer or officers designated to hear the complaint shall have the
power to administer oaths, subpoena witnesses, conduct ocular inspections; take
dispositions, and require the production of any book, paper, correspondence,
memorandum, or other record which are deemed relevant or material to the inquiry.
SEC. 14. Contempt.
a) Direct Contempt. - The officer or officers designated by the Authority to hear the
complaint may summarily adjudge in direct contempt any person guilty of misbehavior
in the presence of near the said hearing officials so as to obstruct or interrupt the
proceedings before the same or of refusal to be sworn or to answer as a witness or to
subscribe an affidavit or deposition when lawfully required to do so. The person found
guilty of direct contempt under this section shall be punished by a fine not exceeding
fifty (P50.00) pesos or imprisonment not exceeding five (5) days, or both.

A SUBDIVISION 67
b) Indirect Contempt. - The officer or officers designated to hear the complaint may also
adjudge any person in indirect contempt on grounds and in the manner prescribed in
Rule 71 of the Revised Rules of Court.
SEC. 15. Decision. - The case shall be decided within thirty (30) days from the time the
same is submitted for decision. The decision may order the revocation of the registration
of the subdivision or condominium project, the suspension, cancellation, or revocation of
the license to sell and/or the forfeiture, in whole or in part, of the performance bond
mentioned in Section 6 hereof. In case forfeiture of the bond is ordered, the Decision may
direct the provincial or city engineer to undertake or cause the construction of roads and
of other requirements for the subdivision or condominium as stipulated in the bond,
chargeable to the amount forfeited. Such decision shall be immediately executory and
shall become final after the lapse of 15 days from the date of receipt of the Decision.
SEC. 16. Cease and Desist Order. - Whenever it shall appear to the Authority that any
person is engaged or about to engage in any act or practice which constitutes or will
constitute a violation of the provisions of this Decree, or of any rule or regulation there
under, it may, upon due notice and hearing as provided in Section 13 hereof, issue a
cease and desist order to enjoin such act or practices.
SEC. 17. Registration. - All contracts to sell, deeds of sale and other similar instruments
relative to the sale or conveyance of the subdivision lots and condominium units, whether
or not the purchase price is paid in full, shall be registered by the seller in the Office of the
Register of Deeds of the province or city where the property is situated.
Whenever a subdivision plan duly approved in accordance with Section 4 hereof,

together with the corresponding owner's duplicate certificate of title, is presented to the
Register of Deeds for registration, the Register of Deeds shall register the same in
accordance with the provisions of the Land Registration Act, as amended: Provided,
however, that if there is a street, passageway or required open spare delineated on a
complex subdivision plan hereafter approved and as defined in this Decree, the Register
of Deeds shall annotate on the new certificate of title covering the street, passageway
or open space, a memorandum to the effect that except- by way of donation in favor
of a city or municipality, no portion of any street, passageway, or open space delineated
on the plan shall be closed or otherwise disposed of by the registered owner without the
requisite approval as provided under Section 22 of this Decree.
SEC. 18. Mortgages. - No mortgage on any unit or lot shall be made by the owner or
developer without prior written approval of the Authority. Such approval shall not be
granted unless it is shown that the proceeds of the mortgage loan shall be used for the
development of the condominium or subdivision project and effective measures have
been provided to ensure such utilization. The loan value of each lot or unit covered by
the mortgage shall be determined and the buyer thereof, if any, shall be notified before
the release of the loan. The buyer may, at his option, pay his installment for the lot or unit
directly to the mortgagee who shall apply the payments to the corresponding mortgage

A SUBDIVISION 68
indebtedness secured by the particular lot or unit being paid for with a view to enabling
said buyer to obtain title over the lot or unit promptly after full payment thereof.
SEC. 19. Advertisements. - Advertisements that may be made by the owner or developer
through newspaper, radio, television, leaflets, circular or any other form about the
subdivision or the condominium or its operations or activities must reflect the real facts
and must be presented in such manner that will not tend to mislead or deceive the
public.
The owner or developer shall be answerable and liable for the facilities, improvements,
infrastructures or other forms of development represented or promised in brochures,
advertisements and other sales propaganda disseminated by the owner or developer or
his agents and the same shall form part of the sales warranties enforceable against said
owner or developer, jointly and severally. Failure to comply with these warranties shall
also be punishable in accordance with the penalties provided for in this Decree.
SEC. 20. Time of Completion. - Every owner or developer shall construct and provide the
facilities, improvements, infrastructures and other forms of development, including water
supply and lighting facilities, which are offered and indicated in the approved subdivision
or condominium plans, brochures, prospectus, printed matters, letters or in any form of
advertisement, within one year from the date of the issuance of the license for the
subdivision or condominium project or such other period of time as may be fixed by the
Authority.
SEC. 21. Sales Prior to Decree. - In cases of subdivision lots or condominium units sold or
disposed of prior to the effectivity of this Decree, it shall be incumbent upon the owner
or developer of the subdivision or condominium project to complete compliance with his
or its obligations as provided in the preceding section within two years from the date of
this Decree unless otherwise extended by the Authority or unless an adequate
performance bond is filed in accordance with Section 6 hereof.
Failure of the owner or developer to comply with the obligations under this and the
preceding provisions shall constitute a violation punishable under Sections 38 and 39 of
this Decree.
SEC. 22. Alteration of Plans. - No owner or developer shall change or alter the roads,
open spaces, infrastructures, facilities for public use and/or other form of subdivision
development as contained in the approved subdivision plan and/or represented in its
advertisements, without the permission of the Authority and the written conformity or
consent of the duly organized homeowners' association, or in the absence of the latter,
by the majority of the lot buyers in the subdivision.
SEC. 23. Non-Forfeiture of Payments. - No installment payment made by a buyer in a

subdivision or condominium project for the lot or unit he contracted to buy shall be
forfeited in favor of the owner or developer when the buyer, after due notice to the
owner or developer, desists from further payment due to the failure of the owner or
developer to develop the subdivision or condominium project according to the

A SUBDIVISION 69
approved plans and within the time limit for complying with the same. Such buyer, may
at his option, be reimbursed the total amount paid including amortization interest but
excluding delinquency interests, with interest thereon at the legal rate.
SEC. 24. Failure to Pay Installments. - The rights of the buyer in the event of his failure to
pay the installments due for reasons other than the failure of the owner or developer to
develop the project shall be governed by Republic Act No.6552
Where the transaction or contract was entered into prior to the effectivity of Republic
Act No.6552 on August 26, 1972, the defaulting buyer shall be entitled to the
corresponding refund based on the installments paid after the effectivity of the law in the
absence of any provision in the contract to the contrary.
SEC. 25. Issuance of Title. - The owner or developer shall deliver the title of the lot or unit
to the buyer upon full payment of the lot or unit. No fees, except those required for the
registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance
of such title. In the event a mortgage over the lot or unit is outstanding at the time of the
issuance of the title to the buyer, the owner or developer shall redeem the mortgage or
the corresponding portion thereof within six months from such issuance in order that the
title over any fully paid lot or unit may be secured and delivered to the buyer in
accordance herewith.
SEC. 26. Realty Tax. - Real estate tax and assessment on a lot or unit shall be paid by the
owner or developer without recourse to the buyer for as long as the title has not passed
the buyer; Provided, however, that if the buyer has actually taken possession of occupied
the lot or unit, he shall be able to the owner or developer for such tax and assessment
effective the year following such taking of possession and occupancy.
SEC, 27. Other Charges. - No owner or developer shall levy upon any lot or unit buyer a
fee for an alleged community benefit. Fees to finance services for common comfort,
security and sanitation may be collected only by a properly organized homeowners
association and only with the consent of a majority of the lot or unit buyers actually
residing in the subdivision or condominium project.
SEC. 28. Access to Public Offices in the Subdivision. - No owner or developer shall deny
any person free access to any government office or public establishment located within
the subdivision or which may be reached only by passing through the subdivision.
SEC. 29. Right of Way to Public Road. - The owner or developer of a subdivision without
access to any existing public road or street and such right of way must be developed
and maintained according to the requirement of the government authorities concerned.
SEC. 30. Organization of Homeowners Association. - The owner or developer of a

subdivision project or condominium project shall initiate the organization of a
homeowners association among the buyers and residents of the projects for the purpose
of promoting and protecting their mutual interest and assist in their community
development.

A SUBDIVISION 70
Sec. 31. Donation of Roads and Open Spaces to Local Government. - The registered
owner or developer of the subdivision or condominium project, upon completion of the
development of said project may, at his option, convey by way of donation the roads
and open spaces found within the project to the city or municipality wherein the project
is located. Upon acceptance of the donation by the city or municipality concerned, no
portion of the area donated shall thereafter be converted to any other purpose or
purposes unless after hearing, the proposed conversion is approved by the Authority.
SEC. 32. Phases of Subdivision. - For purposes of complying with the provisions of this
Decree, the owner or developer may divide the development and sale of the subdivision
into phases, each phase to cover not less than ten (10) hectares. The requirement
imposed by this Decree on the subdivision as a whole shall be deemed imposed on each
phase.
SEC. 33. Nullity of Waivers. - Any condition, stipulation, or provision in contract of sale
whereby any person waives compliance with any provision of this Decree or of any rule
or regulation issued there under shall be void.
SEC. 34. Visitorial Powers. - This Authority, through its duly authorized representative may,
at any time, make an examination into the business affairs, administration, and condition
of any person, corporation, partnership, cooperative, or association engaged in the
business of selling subdivision lots and condominium units.
For this purpose, the official authorized to do so shall have the authority to examine under
oath the directors, officers, stockholders or members of any corporation, partnership,
association, cooperative or other persons associated or connected with the business and
to issue subpoena or subpoena duces tecum in relation to any investigation that may
arise therefrom.
The Authority may also authorize the Provincial, City or Municipal Engineer, as the case
may be, to conduct an ocular inspection of the project to determine whether the
development of said project conforms to the standards and specifications prescribed by
the government.
The books, papers, letters, and other documents belonging to the person or entities
herein mentioned shall be open to inspection by the Authority or its duly authorized
representatives.
SEC. 35. Take-Over Development. - The Authority, May take-over or cause the
development and completion of the subdivision or Condominium project at the expense
of the owner or developer, jointly and severally, in cases where the owner or developer
has refused or failed to develop or complete the development of the Project as provided
for in this Decree.
The Authority may, after such take-over, demand, collect and receive from the buyers
the installment payments due on the lots, which shall be utilized for the development of
the subdivision.

A SUBDIVISION 71
SEC. 36. Rules and Regulations. - The Authority shall issue the necessary standards rules
and regulations for the effective implementation of the provisions of this Decree. Such
standards, rules and regulations shall take effect immediately after their publication three
(3) times a week for two consecutive weeks in any newspaper of general circulation.
SEC. 37. Deputization of Law Enforcement Agencies. - The Authority may deputize the
Philippine Constabulary or any law enforcement agency in the execution of its final
orders, rulings or decisions.
SEC. 38. Administrative Fines. - The Authority may prescribe and impose fines not
exceeding ten thousand pesos for violations of the provisions of this Decree or of any rule
or regulation thereunder. Fines shall be payable to the Authority and enforceable
through writs of execution in accordance with the provisions of the Rules of Court.
SEC. 39. Penalties. - Any person who shall violate any of the provisions of this Decree
and/or any rule or regulation that may be issued pursuant to this Decree shall, upon
conviction, be punished by a fine of nor more than twenty thousand (P20,000.00) pesos
and/or imprisonment of not more than ten (10) years. Provided, that in the case of
corporations, partnerships, cooperatives, or associations, the President, Manager or
Administrator or the person who has charge of the administration of the business shall be
criminally responsible for any violation of this Decree and/or the rules and regulations
promulgated pursuant thereto.
SEC. 40. Liability of Controlling Persons. - Every person who directly or indirectly controls
any person liable under any provision of this Decree or of any rule or regulation issued
thereunder shall be liable jointly and severally with and to the same extent as such
controlled person unless the controlling person acted in good faith and did not directly
or indirectly induce the act or acts constituting the violation or cause of action.
SEC. 41. Other Remedies. - The rights and remedies provided in this Decree shall be in
addition to any and all other rights and remedies that may be available under the
existing laws.
SEC. 42. Repealing Clause. - All laws, executive order, rules and regulations, or parts
thereof inconsistent with the provisions of this Decree are hereby repealed or modified
accordingly.
SEC. 43. Effectivity. - This Decree shall take effect upon its approval.
DONE in the City of Manila, this 12th day of July, in the year of our Lord, Nineteen hundred
and seventy-six.
Reference: www.hudcc.gov.ph

A SUBDIVISION 72
REPUBLIC ACT NO. 7279
AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN DEVELOPMENT

AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR
OTHER PURPOSES.
ARTICLE I
TITLE, POLICY, PROGRAM AND DEFINITION OF TERMS
Section 1. Title. — This Act shall be known as the "Urban Development and Housing Act of
1992."
Sec. 2. Declaration of State Policy and Program Objectives. — It shall be the policy of the
State to undertake, in cooperation with the private sector, a comprehensive and
continuing Urban Development and Housing Program, hereinafter referred to as the
Program, which shall:
(a) Uplift the conditions of the underprivileged and homeless citizens in urban areas and
in resettlement areas by making available to them decent housing at affordable cost,
basic services, and employment opportunities;
(b) Provide for the rational use and development of urban land in order to bring about
the following:
(1) Equitable utilization of residential lands in urban and urbanizable areas with particular
attention to the needs and requirements of the underprivileged and homeless citizens
and not merely on the basis of market forces;
(2) Optimization of the use and productivity of land and urban resources;
(3) Development of urban areas conducive to commercial and industrial activities which
can generate more economic opportunities for the people;
(4) Reduction in urban dysfunctions, particularly those that adversely affect public health,
safety and ecology; and
(5) Access to land and housing by the underprivileged and homeless citizens;
(c) Adopt workable policies to regulate and direct urban growth and expansion towards
a dispersed urban net and more balanced urbanrural interdependence;
(d) Provide for an equitable land tenure system that shall guarantee security of tenure to
Program beneficiaries but shall respect the rights of small property owners and ensure the
payment of just compensation;
(e) Encourage more effective people's participation in the urban development process;
and
(f) Improve the capability of local government units in undertaking urban development
and housing programs and projects.

A SUBDIVISION 73
Sec. 3. Definition of Terms. — For purposes of this Act:
(a) "Affordable cost" refers to the most reasonable price of land and shelter based on the
needs and financial capability of Program beneficiaries and appropriate financing
schemes;
(b) "Areas for priority development" refers to those areas declared as such under existing
statutes and pertinent executive issuances.
(c) "Blighted lands" refers to the areas where the structures are dilapidated, obsolete and
unsanitary, tending to depreciate the value of the land and prevent normal
development and use of the area.
(d) "Consultation" refers to the constitutionally mandated process whereby the public, on
their own or through people's organizations, is provided an opportunity to be heard and
to participate in the decision-making process on matters involving the protection and
promotion of its legitimate collective interest, which shall include appropriate
documentation and feedback mechanisms;
(e) "Idle lands" refers to non-agricultural lands urban and urbanized areas on which no
improvements, as herein defined, have been made by the owner, as certified by the city,
municipal or provincial assessor;
(f) "Improvements" refers to all types of buildings and residential units, walls, fences,
structures or constructions of all kinds of a fixed character or which are adhered to the
soil but shall not include trees, plants and growing fruits, and other fixtures that are mere
superimpositions on the land, and the value of improvements shall not be less than fifty
percent (50%) of the assessed value of the property;
(g) "Joint venture" refers to the commitment or agreement by two (2) or more persons to
carry out a specific or single business enterprise for their mutual benefit, for which purpose
they combine their funds, land resources, facilities and services;
(h) "Land assembly or consolidation" refers to the acquisition of lots of varying ownership
through purchase or expropriation of the purpose of planned and rational development
and socialized housing programs without individual property boundary restrictions;
(i) "Land banking" refers to the acquisition of land at values based on existing use in
advance of actual need to promote planned development and socialized housing
programs;
(j) "Land swapping" refers to the process of land acquisition by exchanging land for
another piece of land of equal value, or for shares of stock in a government or quasi-
government corporation whose book value is of equal value to the land being
exchanged, for the purpose of planned and rational development and provision for
socialized housing where land values are determined based on land classification,
market value and assessed value taken from existing tax declarations: Provided, That
more valuable lands owned by private persons may be exchanged with less valuable
lands to carry out the objectives of this Act;

A SUBDIVISION 74
(k) "Land use plan" refers to the rational approach of allocating available resources as
equitably as possible among competing user groups and for different functions consistent
with the development plan of the area and the Program under this Act;
(l) "On-site development" refers to the process of upgrading and rehabilitation of blighted
slum urban areas with a view of minimizing displacement of dwellers in said areas, and
with provisions for basic services as provided for in Section 21 hereof;
(m) "Professional squatters" refers to individuals or groups who occupy lands without the
express consent of the landowner and who have sufficient income for legitimate housing.
The term shall also apply to persons who have previously been awarded home lots or
housing units by the Government but who sold, leased or transferred the same to settle
illegally in the same place or in another urban area, and non-bona fide occupants and
intruders of lands reserved for socialized housing. The term shall not apply to individuals
or groups who simply rent land and housing from professional squatters or squatting
syndicates;
(n) "Resettlement areas" refers to areas identified by the appropriate national agency or
by the local government unit with respect to areas within its jurisdiction, which shall be
used for the relocation of the underprivileged and homeless citizens;
(o) "Security of tenure" refers to the degree of protection afforded to qualified Program
beneficiaries against infringement or unjust, reasonable and arbitrary eviction or
disposition, by virtue of the right of ownership, lease agreement, usufruct and other
contractual arrangements;
(p) "Slum Improvement and Resettlement Program or SIR" refers to the program of the
National Housing Authority of upgrading and improving blighted squatter areas outside
of Metro Manila pursuant to existing statutes and pertinent executive issuances;
(q) "Small property owners" refers to those whose only real property consists of residential
lands not exceeding three hundred square meters (300 sq.m.) in highly urbanized cities
and eight hundred square meters (800 sq.m.) in other urban areas;
(r) "Socialized housing" refers to housing programs and projects covering houses and lots
or home lots only undertaken by the Government or the private sector for the
underprivileged and homeless citizens which shall include sites and services
development, long-term financing, liberalized terms on interest payments, and such
other benefits in accordance with the provisions of this Act;
(s) "Squatting syndicates" refers to groups of persons engaged in the business of squatter
housing for profit or gain;
(t) "Underprivileged and homeless citizens" refers to the beneficiaries of this Act and to
individuals or families residing in urban and urbanizable areas whose income or
combined household income falls within the poverty threshold as defined by the National
Economic and Development Authority and who do not own housing facilities. This shall
include those who live in makeshift dwelling units and do not enjoy security of tenure;

A SUBDIVISION 75
(u) "Unregistered or abandoned lands" refers to lands in urban and urbanizable areas
which are not registered with the Register of Deeds, or with the city or municipal assessor's
office concerned, or which are uninhabited by the owner and have not been developed
or devoted for any useful purpose, or appears unutilized for a period of three (3)
consecutive years immediately prior to the issuance and receipt of publication of notice
of acquisition by the Government as provided under this Act. It does not include land
which has been abandoned by reason of force majeure or any other fortuitous event:
Provided, That prior to such event, such land was previously used for some useful or
economic purpose;
(v) "Urban areas" refers to all cities regardless of their population density and to
municipalities with a population density of at least five hundred (500) persons per square
kilometers;
(w) "Urbanizable areas" refers to sites and lands which, considering present
characteristics and prevailing conditions, display marked and great potential of
becoming urban areas within the period of five (5) years; and
(x) "Zonal Improvement Program or ZIP" refers to the program of the National Housing
Authority of upgrading and improving blighted squatters areas within the cities and
municipalities of Metro Manila pursuant to existing statutes and pertinent executive
issuances.
ARTICLE II
COVERAGE AND EXEMPTIONS
Sec. 4. Coverage. — The Program shall cover all lands in urban and urbanizable areas,
including existing areas for priority development sites, and in other areas that may be
identified by the local government units as suitable for socialized housing.
Sec. 5. Exemptions. — The following lands shall be exempt from the coverage of this Act:
(a) Those included in the coverage of Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law;
(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices, facilities and
other installations, whether owned by the National Government, its agencies and
instrumentalities, including government owned or-controlled corporations, or by
the local government units: Provided, however, That the lands herein mentioned,
or portions thereof, which have not been used for the purpose for which they have
been reserved or set aside for the past ten (10) years from the effectivity of this
Act, shall be covered by this Act;
(d) Those used or set aside for parks, reserves for flora and fauna, forests and
watersheds, and other areas necessary to maintain ecological balance or

A SUBDIVISION 76
environmental protection, as determined and certified to by the proper

government agency; and
(e) Those actually and primarily used for religious, charitable, or educational
purposes, cultural and historical sites, hospitals and health centers, and
cemeteries or memorial parks.
(f) The exemptions herein provided shall not apply when the use or purpose of the
abovementioned lands has ceased to exist.
ARTICLE III
NATIONAL URBAN DEVELOPMENT AND HOUSING FRAMEWORK
Sec. 6. Framework for Rational Development. — There shall be a National Urban

Development and Housing Framework to be formulated by the Housing and Land Use
Regulatory Board under the direction of the Housing and Urban Development
Coordinating Council in coordination with all local government units and other
concerned public and private sectors within one (1) year from the effectivity of this Act.
The framework shall refer to the comprehensive plan for urban and urbanizable areas
aimed at achieving the objectives of the Program. In the formulation of the Framework,
a review and rationalization of testing town and land use plans, housing programs, and
all other objectives and activities of government agencies and the private sectors which
may substantially affect urban land use patterns, transportation and public utilities,
infrastructure, environment and population movement shall be undertaken with the
concurrence of the local government units concerned.
ARTICLE IV
LAND USE, INVENTORY, ACQUISITION AND DISPOSITION
Sec. 7. Inventory of Lands. — Within one (1) year from the effectivity of this Act, all city
and municipal governments shall conduct an inventory of all kinds and improvements
thereon within their respective localities. The inventory shall include the following:
(a) Residential lands;
(b) Government-owned lands, whether owned by the National Government or any of its
subdivisions, instrumentalities, or agencies, including government-owned or-controlled
corporations and their subsidiaries;
(c) Unregistered or abandoned and idle lands; and
(d)Other lands.

A SUBDIVISION 77
In conducting the inventory, the local government units concerned, in coordination with
the Housing and Land Use Regulatory Board and with the assistance of the appropriate
government agencies, shall indicate the type of land use and the degree of land
utilization, and other data or information necessary to carry out the purposes of this Act.
For planning purposes, the Housing and Urban Development Coordinating Council shall
be furnished by each local government unit a copy of its inventory which shall be
updated every three (3) years.
Sec. 8. Identification of Sites for Socialized Housing. — After the inventory the local
government units, in coordination with the National Housing Authority, the Housing and
Land Use Regulatory Board, the National Mapping Resource Information Authority, and
the Land Management Bureau, shall identify lands for socialized housing and
resettlement areas for the immediate and future needs of the underprivileged and
homeless in the urban areas, taking into consideration and degree of availability of basic
services and facilities, their accessibility and proximity of jobs sites and other economic
opportunities, and the actual number of registered beneficiaries.
Government-owned lands under paragraph (b) of the preceding section which have
not been used for the purpose for which they have been reserved or set aside for the
past ten (10) years from the effectivity of this Act and identified as suitable for socialized
housing, shall immediately be transferred to the National Housing Authority subject to the
approval of the President of the Philippines or by the local government unit concerned,
as the case may be, for proper disposition in accordance with this Act.
Sec. 9. Priorities in the Acquisition of Land. — Lands for socialized housing shall be
acquired in the following order:
(a) Those owned by the Government or any of its subdivisions, instrumentalities, or

agencies, including government-owned or controlled corporations and their subsidiaries;
(b) Alienable lands of the public domain;
(c) Unregistered or abandoned and idle lands;
(d) Those within the declared Areas for Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Resettlement Program sites which have not
yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet
been acquired; and
(f) Privately-owned lands.
Where open-site development is found more practicable and advantageous to the

beneficiaries, the priorities mentioned in this section shall not apply. The local government
units shall give budgetary priority to on-site development of government lands.

A SUBDIVISION 78
Sec. 10. Modes of Land Acquisition. — The modes of acquiring lands for purposes of this
Act shall include, among others, community mortgage, land swapping, land assembly or
consolidation, land banking, donation to the Government, joint-venture agreement,
negotiated purchase, and expropriation: Provided, however, That expropriation shall be
resorted to only when other models of acquisition have been exhausted: Provided,
further, That where expropriation is resorted to, parcels of land owned by small property
owners shall be exempted for purposes of this Act: Provided, finally, That abandoned
property, as herein defined, shall be reverted and escheated to the State in a
proceeding analogous to the procedure laid down in Rule 91 of the Rules of Court.
For the purpose of socialized housing, government-owned and foreclosed properties

shall be acquired by the local government units, or by the National Housing Authority
primary through negotiated purchase: Provided, That qualified beneficiaries who are
actual occupants of the land shall be given the right of first refusal.
Sec. 11. Expropriation of Idle Lands. — All idle lands in urban and urbanizable areas, as
defined and identified in accordance with this Act, shall be expropriated and shall form
part of the public domain. These lands shall be disposed of or utilized by the Government
for such purposes that conform with their land use plans. Expropriation proceedings shall
be instituted if, after the lapse of one (1) year following receipt of notice of acquisition,
the owner fails to introduce improvements as defined in Section 3(f) hereof, except in the
case of force majeure and other fortuitous events. Exempted from this provision,
however, are residential lands owned by small property owners or those the ownership of
which is subject of a pending litigation.
Sec. 12. Disposition of Lands for Socialized Housing. — The National Housing Authority,
with respect to lands belonging to the National Government, and the local government
units with respect to other lands within their respective localities, shall coordinate with
each other to formulate and make available various alternative schemes for the
disposition of lands to the beneficiaries of the Program. These schemes shall not be limited
to those involving transfer of ownership in fee simple but shall include lease, with option
to purchase, usufruct or such other variations as the local government units or the
National Housing Authority may deem most expedient in carrying out the purposes of this
Act.
Consistent with this provision, a scheme for public rental housing may be adopted.
Sec. 13. Valuation of Lands for Socialized Housing. — Equitable land valuation guidelines
for socialized housing shall be set by the Department of Finance on the basis of the
market value reflected in the Zonal valuation, or in its absence, on the latest real property
tax declaration.
For site already occupied by qualified Program beneficiaries, the Department of Finance
shall factor into the valuation the blighted status of the lands as certified by the local
government unit or the National Housing Authority.

A SUBDIVISION 79
Sec. 14. Limitations on the Disposition of Lands for Socialized Housing. — No land for
socialized housing, including improvements or rights thereon, shall be sold, alienated,
conveyed, encumbered or leased by any beneficiaries as determined by the
government agency concerned.
Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right
thereon, the transaction shall be null and void. He shall also lose his right to the land,
forfeit the total amortization paid thereon, and shall be barred from the benefits under
this Act for a period of ten (10) years from the date of violation.
In the event the beneficiary dies before full ownership of the land is vested on him, transfer
to his heirs shall take place only upon their assumption of his outstanding obligations. In
case of failure by the heirs to assume such obligations, the land shall revert to the
Government for disposition in accordance with this Act.
ARTICLE V
SOCIALIZED HOUSING
Sec. 15. Policy. — Socialized housing, as defined in Section 3 hereof, shall be the primary
strategy in providing shelter for the underprivileged and homeless. However, if the
tenurial arrangement in a particular socialized housing program is in the nature of
leasehold or usufruct, the same shall be transitory and the beneficiaries must be
encouraged to become independent from the Program within a given period of time,
to be determined by the implementing agency concerned.
Sec. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. — To qualify for
the socialized housing program, a beneficiary:
(a) Must be a Filipino citizen;
(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;
(c) Must not own any real property whether in the urban or rural areas; and
(d) Must not be a professional squatter or a member of squatting syndicates.
Sec. 17. Registration of Socializing Housing Beneficiaries. — The Housing and Urban
Development Coordinating Council, in coordination with the local government units,
shall designed a system for the registration of qualified Program beneficiaries in
accordance with the Framework. The local government units, within one (1) year from
the effectivity of this Act, shall identify and register all beneficiaries within their respective
localities.
Sec. 18. Balanced Housing Development. — The Program shall include a system to be
specified in the Framework plan whereby developers of proposed subdivision projects
shall be required to develop an area for socialized housing equivalent to at least twenty
percent (20%) of the total subdivision area or total subdivision project cost, at the option

A SUBDIVISION 80
of the developer, within the same city or municipality, whenever feasible, and in
accordance with the standards set by the Housing and Land Use Regulatory Board and
other existing laws. The balanced housing development as herein required may also be
complied with by the developers concerned in any of the following manner:
(a) Development of new settlement;
(b) Slum upgrading or renewal of areas for priority development either through zonal
improvement programs or slum improvement and resettlement programs;
(c) Joint-venture projects with either the local government units or any of the housing
agencies; or
(d) Participation in the community mortgage program.
Sec. 19. Incentives for the National Housing Authority. — The National Housing Authority,
being the primary government agency in charge of providing housing for the
underprivileged and homeless, shall be exempted from the payment of all fees and
charges of any kinds, whether local or national, such as income and real taxes. All
documents or contracts executed by and in favor of the National Housing Authority shall
also be exempt from the payment of documentary stamp tax and registration fees,
including fees required for the issuance of transfer certificates of titles.
Sec. 20. Incentives for Private Sector Participating in Socialized Housing. — To encourage
greater private sector participation in socialized housing and further reduce the cost of
housing units for the benefit of the underprivileged and homeless, the following incentives
shall be extended to the private sectors:
(a) Reduction and simplification of qualification and accreditation requirements for

participating private developers;
(b) Creation of one-stop offices in the different regions of the country for the processing,
approval and issuance of clearances, permits and licenses: Provided, That clearances,
permits and licenses shall be issued within ninety (90) days from the date of submission of
all requirements by the participating private developers;
(c) Simplification of financing procedures; and
(d) Exemption from the payment of the following:
(1) Project-related income taxes;
(2) Capital gains tax on raw lands used for the project;
(3) Value-added tax for the project contractor concerned;
(4) Transfer tax for both raw completed projects; and
(5) Donor's tax for lands certified by the local government units to have been donated
to socialized housing purposes.

A SUBDIVISION 81
Provided, That upon application for exemption, a lien on the title of the land shall be
annotated by the Register of Deeds: Provided, further, That the socialized housing
development plan has already been approved by the appropriate government
agencies concerned: Provided, finally, That all the savings acquired by virtue of this
provision shall accrue in favor of the beneficiaries subject to the implementing guidelines
to be issued by the Housing and Urban Development Coordinating Council.
Appropriate implementing guidelines shall be prepared by the Department of Finance,

in consultation with the Housing and Urban Development Coordinating Council, for the
proper implementation of the tax exemption mentioned in this section within one (1) year
after the approval of this Act.
Property owners who voluntarily provide resettlement sites to illegal occupants of their
lands shall entitled to a tax credit equivalent to the actual non recoverable expenses
incurred in the resettlement, subject to the implementing guidelines jointly issued by the
Housing and Urban Development Coordinating Council and the Department of Finance.
Sec. 21. Basic Services. — Socialized housing or resettlement areas shall be provided by
the local government unit or the National Housing Authority in cooperation with the
private developers and concerned agencies with the following basic services and
facilities:
(a) Potable water;
(b) Power and electricity and an adequate power distribution system;
(c) Sewerage facilities and an efficient and adequate solid waste disposal system; and
(d)Access to primary roads and transportation facilities.
The provisions of other basic services and facilities such as health, education,
communications, security, recreation, relief and welfare shall be planned and shall be
given priority for implementation by the local government unit and concerned agencies
in cooperation with the private sector and the beneficiaries themselves.
The local government unit, in coordination with the concerned national agencies, shall
ensure that these basic services are provided at the most cost-efficient rates, and shall
set as mechanism to coordinate operationally the thrusts, objectives and activities of
other government agencies concerned with providing basic services to housing projects.
Sec. 22. Livelihood Component. — To extent feasible, socialized housing and

resettlement projects shall be located near areas where employment opportunities are
accessible. The government agencies dealing with the development of livelihood
programs and grant of livelihood loans shall give priority to the beneficiaries of the
Program.
Sec. 23. Participation of Beneficiaries. — The local government units, in coordination with
the Presidential Commission for the Urban Poor and concerned government agencies,
shall afford Program beneficiaries or their duly designated representatives an opportunity

A SUBDIVISION 82
to be heard and to participate in the decision-making process over matters involving the
protection and promotion of their legitimate collective interest which shall include
appropriate documentation and feedback mechanisms. They shall also be encouraged
to organize themselves and undertake self-help cooperative housing and other
livelihood activities. They shall assist the Government in preventing the incursions of
professional squatters and members of squatting syndicates into their communities.
In instances when the affected beneficiaries have failed to organized themselves or form
an alliance within a reasonable period prior to the implementation of the program of
projects affecting them, consultation between the implementing agency and the
affected beneficiaries shall be conducted with the assistance of the Presidential
Commission for the Urban Poor and the concerned nongovernment organization.
Sec. 24. Consultation with Private Sector. — Opportunities for adequate consultation shall
be accorded to the private sector involved in socialized housing project pursuant to this
Act.
ARTICLE VI
AREAS FOR PRIORITY DEVELOPMENT, ZONAL IMPROVEMENT PROGRAM SITES AND SLUM
IMPROVEMENT AND RESETTLEMENT PROGRAMS SITES
Sec. 25. Benefits. — In addition to the benefits provided under existing laws and other
related issuance to occupants of areas for priority development, zonal improvement
program sites and slum improvement and resettlement program sites, such occupants
shall be entitled to priority in all government projects initiated pursuant to this Act. They
shall also be entitled to the following support services:
(a) Land surveys and titling at minimal cost;
(b) Liberalized terms on credit facilities and housing loans and one hundred percent
(100%) deduction from every homebuyer's gross income tax of all interest payments
made on documents loans incurred for the construction or purchase of the homebuyer's
house;
(c) Exemption from the payment of documentary stamp tax, registration fees, and other
fees for the issuance of transfer certificate of titles;
(d) Basic services as provided for in Section 21 of this Act; and
(e) Such other benefits that may arise from the implementation of this Act.
ARTICLE VII URBAN RENEWAL AND RESETTLEMENT
Sec. 26. Urban Renewal and Resettlement. — This shall include the rehabilitation and
development of blighted and slum areas and the resettlement of Program beneficiaries

A SUBDIVISION 83
in accordance with the provisions of this Act. On-site development shall be implemented
whenever possible in order to ensure minimum resettlement of the beneficiaries of the
Program from their existing places of occupancy shall be undertaken only when on-site
development is not feasible and after compliance with the procedures laid down in
Section 28 of this Act.
Sec. 27. Action Against Professional Squatters and Squatting Syndicates. — The local
government units, in cooperation with the Philippine National Police, the Presidential
Commission for the Urban Poor (PCUP), and the PCUP accredited urban poor
organization in the area, shall adopt measures to identify and effectively curtail the
nefarious and illegal activities of professional squatters and squatting syndicates, as
herein defined.
Any person or group identified as such shall be summarily evicted and their dwellings or
structures demolished, and shall be disqualified to avail of the benefits of the Program. A
public official who tolerates or abets the commission of the abovementioned acts shall
be dealt with in accordance with existing laws.
For purposes of this Act, professional squatters or members of squatting syndicates shall
be imposed the penalty of six (6) years imprisonment of a fine of not less than Sixty
thousand pesos (P60,000.00) but not more than One hundred thousand pesos (P100,000),
or both, at the discretion of the court.
Sec. 28. Eviction and Demolition. — Eviction or demolition as a practice shall be

discouraged. Eviction or demolition, however, may be allowed under the following
situations:
(a) When persons or entities occupy danger areas such as esteros, railroad tracks,
garbage dumps, riverbanks, shorelines, waterways, and other public places such as
sidewalks, roads, parks, and playgrounds;
(b) When government infrastructure projects with available funding are about to be
implemented; or
(c) When there is a court order for eviction and demolition.
In the execution of eviction or demolition orders involving underprivileged and homeless

citizens, the following shall be mandatory:
(1) Notice upon the effected persons or entities at least thirty (30) days prior to the
date of eviction or demolition;
(2) Adequate consultations on the matter of settlement with the duly designated
representatives of the families to be resettled and the affected communities in the
areas where they are to be relocated;
(3) Presence of local government officials or their representatives during eviction or

demolition;

A SUBDIVISION 84
(4) Proper identification of all persons taking part in the demolition;
(5) Execution of eviction or demolition only during regular office hours from Mondays
to Fridays and during good weather, unless the affected families consent otherwise;
(6) No use of heavy equipment for demolition except for structures that are
permanent and of concrete materials;
(7) Proper uniforms for members of the Philippine National Police who shall occupy
the first line of law enforcement and observe proper disturbance control procedures;
and
(8) Adequate relocation, whether temporary or permanent: Provided, however, That

in cases of eviction and demolition pursuant to a court order involving
underprivileged and homeless citizens, relocation shall be undertaken by the local
government unit concerned and the National Housing Authority with the assistance
of other government agencies within forty-five (45) days from service of notice of final
judgment by the court, after which period the said order shall be executed: Provided,
further, That should relocation not be possible within the said period, financial
assistance in the amount equivalent to the prevailing minimum daily wage multiplied
by sixty (60) days shall be extended to the affected families by the local government
unit concerned.
This Department of the Interior and Local Government and the Housing and Urban
Development Coordinating Council shall jointly promulgate the necessary rules and
regulations to carry out the above provision.
Sec. 29. Resettlement. — Within two (2) years from the effectivity of this Act, the local
government units, in coordination with the National Housing Authority, shall implement
the relocation and resettlement of persons living in danger areas such as esteros, railroad
tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places as
sidewalks, roads, parks, and playgrounds. The local government unit, in coordination with
the National Housing Authority, shall provide relocation or resettlement sites with basic
services and facilities and access to employment and livelihood opportunities sufficient
to meet the basic needs of the affected families.
Sec. 30. Prohibition Against New Illegal Structures. — It shall be unlawful for any person
to construct any structure in areas mentioned in the preceding section.
After the effectivity of this Act, the barangay, municipal or city government units shall
prevent the construction of any kind of illegal dwelling units of structures within their
respective localities. The head of any local government unit concerned who allows,
abets or otherwise tolerates the construction of any structure in violation of this section
shall be liable to administrative sanctions under existing laws and to penal sanctions
provided for in this Act.

A SUBDIVISION 85
ARTICLE VIII
COMMUNITY MORTGAGE PROGRAM
Sec. 31. Definition. — The Community Mortgage Program (CMP) is a mortgage financing
program of the National Home Mortgage Finance Corporation which assists legally
organized associations of underprivileged and homeless citizens to purchase and
develop a tract of land under the concept of community ownership. The primary
objective of the program is to assist residents of blighted or depressed areas to own the
lots they occupy, or where they choose to relocate to, and eventually improve their
neighborhood and homes to the extent of their affordability. Sec. 32. Incentives. — To
encourage its wider implementation, participants in the CMP shall be granted with the
following privileges or incentives:
(a) Government-owned or -controlled corporations and local government units, may

dispose of their idle lands suitable for socialized housing under the CMP through
negotiable sale at prices based on acquisition cost plus financial carrying costs;
(b) Properties sold under the CMP shall be exempted from the capital gains tax; and
(c) Beneficiaries under the CMP shall not be evicted nor dispossessed of their lands or
improvements unless they have incurred arrangements in payments of amortizations for
three (3) months.
Sec. 33. Organization of Beneficiaries. — Beneficiaries of the Program shall be responsible

for their organization into associations to manage their subdivisions or places of
residence, to secure housing loans under existing Community Mortgage Program and
such other projects beneficiaries to them. Subject to such rules and regulations to be
promulgated by the National Home Mortgage Finance Corporation, associations
organized pursuant to this Act may collectively acquire and own lands covered by this
Program. Where the beneficiaries fail to form an association by and among themselves,
the National Home Mortgage Finance Corporation shall initiate the organization of the
same in coordination with the Presidential Commission for the Urban Poor and the local
government units concerned. No person who is not a bona fide resident of the area shall
be a member or officer of such association.
ARTICLE IX
RELATED STRATEGIES
Sec. 34. Promotion of Indigenous Housing Materials and Technologies. — The local
government units, in cooperation with the National Housing Authority, Technology and
Livelihood Resource Center, and other concerned agencies, shall promote the
production and use of indigenous, alternative, and low-cost construction materials and
technologies for socialized housing.

A SUBDIVISION 86
Sec. 35. Transport System. — The local government units, in coordination with the
Departments of Transportation and Communications, Budget and Management, Trade
and Industry, Finance, and Public Works and Highways, the Home Insurance Guaranty
Corporation, and other concerned government agencies, shall device a set of
mechanisms including incentives to the private sector so that a viable transport system
shall evolve and develop in the urban areas. It shall also formulate standards designed
to attain these objectives:
(a) Smooth flow of traffic;
(b) Safety and convenience of travel;
(c) Minimum use of land space;
(d) Minimum damage to the physical environment; and
(e) Adequate and efficient transport service to the people and goods at minimum cost.
Sec. 36. Ecological Balance. — The local government units shall coordinate with the
Department of Environment and Natural Resources in taking measures that will plan and
regulate urban activities for the conservation and protection of vital, unique and sensitive
ecosystems, scenic landscapes, cultural sites and other similar resource areas.
To make the implementation of this function more effective, the active participation of
the citizenry in environmental rehabilitation and in decision-making process shall be
promoted and encouraged. The local government units shall recommend to the
Environmental and Management Bureau the immediate closure of factories, mines and
transport companies which are found to be causing massive pollution.
Sec. 37. Population Movements. — The local government units shall set up an effective
mechanism, together with the appropriate agencies like the Population Commission, the
National Economic and Development Authority and the National Statistics Office, to
monitor trends in the movements of population from rural to urban, urban to urban, and
urban to rural areas. They shall identify measures by which such movements can be
influenced to achieve balance between urban capabilities and population, to direct
appropriate segments of the population into areas where they can have access to
opportunities to improve their lives and to contribute to national growth and recommend
proposed legislation to Congress, if necessary.
The Population Commission, the National Economic and Development Authority, and the
National Statistics Office shall likewise provided advanced planning information to
national and local government planners on population projections and the consequent
level of services needed in particular urban and urbanizable areas. This service will
include early-warning systems on expected dysfunctions in a particular urban area due
to population increases, decreases, or age structure changes.
Sec. 38. Urban-rural Interdependence. — To minimize rural to urban migration and pursue
urban decentralization, the local government units shall coordinate with the National
Economic and Development Authority and other government agencies in the

A SUBDIVISION 87
formulation of national development programs that will stimulate economic growth and
promote socioeconomic development in the countryside.
ARTICLE X
PROGRAM IMPLEMENTATION
Sec. 39. Role of Local Government Units. — The local government units shall be charged
with the implementation of this Act in their respective localities, in coordination with the
Housing and Urban Development Coordinating Council, the national housing agencies,
the Presidential Commission for the Urban Poor, the private sector and other
nongovernment organizations.
They shall prepare a comprehensive land use plan for their respective localities in
accordance with the provisions of this Act.
Sec. 40. Role of Government Housing Agencies. — In addition to their respective existing
powers and functions, and those provided for in this Act, the hereunder mentioned
housing agencies shall perform the following:
(a) The Housing and Urban Development Coordinating Council shall, through the key
housing agencies, provide local government units with necessary support such as:
(1) Formulation of standards and guidelines as well as providing technical support in

the preparation of town and land use plans;
(2) In coordination with the National Economic and Development Authority and the
National Statistics Office, provide data and information for forward-planning by the
local government units in their areas, particularly on projections as to the population
and development trends in their localities and the corresponding investment
programs needed to provide appropriate types and levels of infrastructure, utilities,
services and land use patterns; and
(3) Assistance in obtaining funds and other resources needed in the urban
development and housing programs in their areas of responsibility.
(b) The National Housing Authority, upon request of local government units, shall
provide technical and other forms of assistance in the implementation of their
respective urban development and housing programs with the objective of
augmenting and enhancing local government capabilities in the provision of housing
benefits to their constituents;
(c) The National Home Mortgage Finance Corporation shall administer the
Community Mortgage Program under this Act and promulgate rules and regulations
necessary to carry out the provisions of this Act; and

A SUBDIVISION 88
(d) The Home Insurance Guaranty Corporation shall design an appropriate

guarantee scheme to encourage financial institutions to go into direct lending for
housing.
Sec. 41. Annual Report. — The Housing and Urban Development Coordinating Council
and the local government units shall submit a detailed annual report with respect to the
implementation of this Act to the President and the Congress of the Republic of the
Philippines.
ARTICLE XI
FUNDING
Sec. 42. Funding. — Funds for the urban development and housing program shall come
from the following sources:
(a) A minimum of fifty percent (50%) from the annual net income of the Public Estate
Authority, to be used by the National Housing Authority to carry out its programs of land
acquisition for resettlement purposes under this Act;
(b) Proceeds from the disposition of ill-gotten wealth, not otherwise previously set aside
for any other purpose, shall be applied to the implementation of this Act shall be
administered by the National Home Mortgage Finance Corporation;
(c) Loans, grants, bequests and donations, whether from local or foreign sources;
(d) Flotation of bonds, subject to the guidelines to be set by the Monetary Board;
(e) Proceeds from the social housing tax and, subject to the concurrence of the local
government units concerned, idle lands tax as provided in Section 236 of the Local
Government Code of 1991 and other existing laws;
(f) Proceeds from the date or disposition of alienable public lands in urban areas; and
(g) Domestic and foreign investment or financing through appropriate arrangements like
the build-operate-and-transfer scheme.
Sec. 43. Socialized Housing Tax. — Consistent with the constitutional principle that the
ownership and enjoyment of property bear a social function and to raise funds for the
Program, all local government units are hereby authorized to impose an additional one-
half percent (0.5%) tax on the assessed value of all lands in urban areas in excess of Fifty
thousand pesos (P50,000).

A SUBDIVISION 89
ARTICLE XII
TRANSITORY PROVISIONS
Sec. 44. Moratorium on Eviction and Demolition. — There shall be a moratorium on the
eviction of all program beneficiaries and on the demolition of their houses or dwelling
units for a period of three (3) years from the effectivity of this Act: Provided, That the
moratorium shall not apply to those persons who have constructed their structures after
the effectivity of this Act and for cases enumerated in Section 28 hereof.
ARTICLE XIII
COMMON PROVISIONS
Sec. 45. Penalty Clause. — Any person who violates any provision of this Act shall be
imposed the penalty of not more than six (6) years of imprisonment or a fine of not less
than Five thousand pesos (P5,000) but not more than One hundred thousand pesos
(P100,000), or both, at the discretion of the court: Provided, That, if the offender is a
corporation, partnership, association or other juridical entity, the penalty shall be
imposed on the officer or officers of said corporation, partnership, association or juridical
entity who caused the violation.
Sec. 46. Appropriations. — The amount necessary to carry out the purposes of this Act
shall be included in the annual budget of implementing agencies in the General
Appropriations Act of the year following its enactment into law and every year thereafter.
Sec. 47. Separability Clause. — If for any reason, any provision of this Act shall be
included in the annual budget of implementing agencies in the General Appropriations
Act of the year following its enactment into law and every year thereafter.
Sec. 48. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules
and regulations, and other issuances, or parts thereof which are inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.
Sec. 49. Effectivity Clause. — This Act shall take effect upon its publication in at least two
(2) national newspapers of general circulation.
Reference: www.nha.gov.ph

A SUBDIVISION 90
RULE VIII - LIGHT AND VENTILATION (NBC PD 1096)
SECTION 801. General Requirements of Light and Ventilation
1. Subject to the provisions of the Civil Code of the Philippines on Easements of Light and
View, and to the specific provisions of the Code, every building shall be designed,
constructed, and equipped to provide adequate light and ventilation. (Refer to
Guidelines on Easements, View Corridors/Sight Lines and Basements at the end of this
Rule)
2. All buildings shall face a street or public alley or a private street which has been duly
approved. (Refer to Guidelines on Streets/RROW and Sidewalks at the end of this Rule)
3. No building shall be altered nor arranged so as to reduce the size of any room or the
relative area of windows to less than that provided for buildings under this Rule, or to
create an additional room, unless such additional room conforms to the requirements of
this Rule.
4. No building shall be enlarged so that the dimensions of the required court or yard would
be less than what is prescribed for such building lot.
SECTION 802. Measurement of Site Occupancy
1. The measurement of site occupancy or lot occupancy shall be taken at the ground
level and shall be exclusive of courts, yards, and light wells.
2. Courts, yards, and light wells shall be measured clear of all projections from the walls
enclosing such wells or yards with the exception of roof leaders, wall copings, sills, or steel
fire escapes not exceeding 1.20 meters in width.
SECTION 803. Percentage of Site Occupancy
1. The measurement of the percentage (%) of site occupancy (or lot occupancy) shall
be taken at the ground level and shall be exclusive of courts, yards and light wells. Courts,
yards, and light wells shall be measured clear of all projections from the walls enclosing
such wells or yards with the exception of roof leaders, wall copings, sills, or steel fire
escapes not exceeding 1.20 meters in width.
2. In case of proposed additional construction on a lot on which another

building/structure already stands, the Percentage of Site Occupancy (PSO) arising out of
such existing buildings/structures must be included in the computation of the PSO for the
Total Lot Area (TLA). In case of discrepancy between the specified Maximum Allowable
PSO and the other light and ventilation provisions under this Rule, the resulting lesser
building/structure footprint or gross floor area at the ground floor (or at grade level) must
prevail.
3. Maximum site occupancy shall be governed by use, type of construction, and height
of the building and the use, area, nature and location of the site; and subject to the

A SUBDIVISION 91
provisions of the local zoning requirements and in accordance with the following types
of open spaces:
a. Public open spaces - streets, alleys, easements of sea/lakeshores, rivers, creeks, esteros,
railroad tracks, parks/plazas, playgrounds, and the like.
b. Total Open Spaces within Lot (TOSL) - courts, yards, gardens, light wells, uncovered
driveways, access roads and parking spaces consisting of two (2) types:
i. Paved or tiled (hardscaped areas); sub-classification of open space shall fall under
Maximum Allowable Impervious Surface Areas (ISA) within the Total Lot Area (TLA);
and
ii. Unpaved areas within the lot that are with exposed soil and planted (softscaped),
i.e., the Unpaved Surface Areas (USA); this sub-classification is the true open space.
4. The following Table

illustrates the manner in
determining the
Maximum Allowable
Percentage of Site
Occupancy (PSO),
Maximum Allowable
Impervious Surface Area
(ISA), Maximum
Allowable Construction
Area (MACA), Minimum
Unpaved Surface Area
(USA), and the Total
Open Space within Lot
(TOSL) with reference to
Type of Land Use Zoning
per Lot.
Table VIII.1. Reference

Table of Maximum
Allowable PSO,
Maximum Allowable ISA,
the MACA, the Minimum
USA and the TOSL by
Type of Land Use Zoning
per Lot

A SUBDIVISION 92
Notes:
a) per duly-approved City/ Municipal Comprehensive Land Use Plan (CLUP)
b) per duly-approved City/Municipal Zoning Ordinance (ZO) and its IRR
c) PSO + ISA = MACA (Maximum Allowable Construction Area)
d) PSO + TOSL = TLA (Total Lot Area).

A SUBDIVISION 93
e) without firewall
f) with firewall
4. Minimum Requirements for Total Open Spaces within Lot (TOSL)
a. Total Open Spaces within Lot (TOSL) are portions of the Total Lot Area (TLA) not
occupied by the Maximum Allowable PSO. The TOSL may consist of either the Maximum
Allowable ISA (hardscaped areas) or the USA (exposed and planted/softscaped soil) or
may also be the combination of both types of open spaces. (Figure VIII.1.)
b. Group A buildings or Residential 1 (R-1) uses/occupancies shall follow the minimum

yard standards in Table VIII.2. to comply with the TOSL requirement.
c. Abutments for Basic Uses/Occupancies forming part of new developments shall be

basically similar to the restrictions prescribed for firewalls under Rule VII, to wit:
i. Absolutely no abutments are allowed at any property line for any R-1 lot
type/location.
ii. Abutments shall be allowed on only one (1) side for any R-2 lot type/location.
There shall be no firewalls/abutments on the front and rear property lines for any R-2
lot type/ location.
iii. Abutments shall be allowed on two (2) sides only or on one (1) side and the rear
property line/ boundary for any R-3 lot type/location. There shall be no abutments on
the front property line for any R-3 lot type/location.
iv. Abutments shall be allowed on two (2) sides only for any R-4 lot type/location. There
shall be no firewalls/abutments on the front and rear property line for any R-4 lot
type/location.
v. Abutments shall be allowed on two (2) sides only or on one (1) side and the rear
property line/boundary for any R-5 lot type/location. There shall be no abutments on
the front property line for any R-5 lot type/location.
vi. Abutments shall be allowed on two (2) sides only or on one (1) side and the rear
property line/boundary for any C-3 lot type/location. There shall be no abutments on
the front property line for any C-3 lot type/location.
d. Lot Type/Location. Only seven (7) types of lots and their respective locations are
described under this Rule. (Figures VIII.2. through VIII.8.)
e. Variance
When the lots as described in Figures VIII.2. through VIII.8. are too narrow or too shallow
such that the public open space, e.g., RROW, alley or the like on which they abut can
adequately supply light and ventilation to every room therein subject to the requirements
on window opening, the requirements on the minimum Total Open Space within Lot

A SUBDIVISION 94
(TOSL) above may be waived (Figures VIII.9. through VIII.11.), provided however, that for
lots abutting on only one (1) public open space, the depth of the open space to be
provided shall not be more than 8.00 meters; and for those lots abutting two (2) or more
public open spaces, the depth of the open space to be provided shall not be more than
12.00 meters.

A SUBDIVISION 95
Figure VIII.1.
Annotation. Spaces for carports have to be introduced within the building footprint. If no
roof is introduced over the proposed carport (that may be partly situated at the front
yard or any of the 2 side yards), the space may then serve as open car parking. To
maintain the single-detached quality of the building, only a low fence or low wall (not a
all wall or a firewall) should be allowed along the entire property perimeter. Firewalls are
absolutely prohibited for R-1 lots.
Figure VIII.8. LOT TYPES

A SUBDIVISION 96
Figure VIII.11. LOT TYPES
Annotation: The last 2 lot configurations may be better suited for non-residential
developments.
SECTION 804. Sizes and Dimensions of Courts
1. Minimum sizes of courts and yards and their least dimensions shall be governed by the
use, type of construction, and height of the building as provided hereunder, provided
that the minimum horizontal dimension of said courts and yards shall be not less than 2.00
meters. All inner courts shall be connected to a street or yard, either by a passageway
with a minimum width of 1.20 meters or by a door through a room or rooms.
2. The required open space shall be located totally or distributed anywhere within the
lot in such a manner as to provide maximum light and ventilation into the building.
(Figures VIII.12. through VIII.15.)

A SUBDIVISION 97
3. YARD - the required open space left between the outermost face of the
building/structure and the property lines, e.g., front, rear, right and left side yards. The
width of the yard is the setback. Yards prescribed for Commercial, Industrial, Institutional
and Recreational Buildings are shown in Table VIII.3. hereafter.
Table VIII.2. Minimum Setbacks for Residential Buildings/Structures Type of Residential

Use/ Occupancy R - 2 R-3
YARD
R – 1 (meters)
Basic (meters)
Maximum (meters)
Basic (meters)
Maximum (meters)
R - 4 (individual lot/unit) (meters)
R - 5**** (meters)
Front 4.50 3.00 8.00 * 3.00 8.00 * 4.50 6.00
Side 2.00 2.00 ** 2.00 ** ***
2.00 (optional)
2.00 (optional)
3.00
Rear 2.00 2.00 2.00 *** 2.00 2.00 3.00 Notes: a) The setback requirements in Table VIII.2.
above are for newly-developed subdivisions. b) * Total setback only at grade (or
natural ground) level, i.e., 3.00 meters + 5.00 meters = 8.00 meters (to accommodate part
of the minimum parking requirement outside the designated area for the front yard). The
second and upper floors and mezzanine level shall thereafter comply with the minimum
3.00 meters setback unless otherwise provided under the Code. c) ** Setback required
for only one (1) side. Setbacks on two sides shall be optional. d) *** Abutments on two
sides and rear property lines may be allowed with conditions as enumerated under
Section 804, Subsection 10 of this Rule. e) **** Mixed-Use Buildings/Structures in R-5 lots
shall be considered a commercial use or occupancy if a substantial percentage, i.e.,
55% of the Gross Floor Area (GFA) is commercial. f) In cases where yards/setbacks are
impossible to attain or where frontage and depth of lots are similar to that of Open
Market or Medium Cost Housing Projects, abutments on the sides and rear property lines
may be allowed and 1.50 meters front yard is left open as transition area.

A SUBDIVISION 98
Table VIII.3. Setbacks for Commercial*, Industrial, Institutional and Recreational

Buildings

A SUBDIVISION 99
Annotation: For all firewalls (particularly those above 3.0 m in height), great care should
be taken when such firewalls face the south or southwest i.e. facing the southwest
monsoon (“habagat”) winds which are wet and destructive i.e. the firewalls may also be
generally subjected to rain for up to six to eight (68) months annually. In such a situation,
firewall gutters are strongly suggested to prevent the firewall water from flooding the
adjoining properties. A better option is to set back the firewall by up to 0.60 m to create
a drainage channel as well as a firewall maintenance space i.e. for painting and general
repair work. When the latter solution is adopted, an endwall is created instead.
4. The setback requirements in Table VIII.3. above are for newly-developed

thoroughfares. For highly built-up urban areas with duly established lines and grades
reflecting therein proposed road widening and elevation, the requirements in Table VIII.3.
above may not be imposed and the face of the building may abut on the side and/or
rear property lines provided that all the requirements on open space, window opening,
artificial ventilation, if any, and firewalls (Rule VII) are first fully complied with.
5. Every court shall have a width of not less than 2.00 meters for one (1) or two (2) storey
buildings. However, if the court is treated as a yard or vice versa, this may be reduced
to not less than 1.50 meters in cluster living units such as quadruplexes, rowhouses and
the like, with adjacent courts with an area of not less than 3.00 sq. meters. Provided
further, that the separation walls or fences, if any, shall not be higher than 2.00 meters.
Irregularly–shaped lots such as triangular lots and the like, whose courts may be also
triangular in shape may be exempted from having a minimum width of not less than what
is required in Table VIII.3. and as shown in Figures VIII.16., VIII.17., VIII.18. and VIII.19.
6. For buildings of more than two (2) storeys in height, the minimum width of the rear or
side court shall be increased at the rate of 300 millimeters for each additional storey up
to the fourteenth (14th) storey (Figure VIII.20. showing incremental setbacks). For buildings
exceeding fourteen (14) storeys in height, the required width of the court shall be
computed on the basis of fourteen (14) storeys.
7. Uncovered Driveways, Access Roads and Parking Spaces may be considered part of
the open space provided that they are open and unobstructed from the ground upward
as in courts and yards.
8. A carport shall not be considered part of the Total Open Space within Lot (TOSL)
particularly if it is entirely roofed or roofed with overhangs. In such a case, it must be
counted as an integral component of the Allowable Maximum Building Footprint (AMBF).
9. A front yard may be partly paved/hardscaped (converted into a courtyard) to serve

as a carport but only for a basic R-2 or basic R-3 or R-4 (individual lot) use or occupancy,
i.e., all for single-family dwelling units only. All other uses/occupancies shall not be
allowed to use the front yard for a carport nor for parking.
10. For Basic R-3, abutments on two sides and rear property lines may be allowed
provided the following requirements are first complied with:

A SUBDIVISION 100
a. Open space as prescribed in Reference Table for Maximum PSO, TOSL, and Table
VIII.2. of this Rule are satisfied.
b. Window opening as prescribed in Section 808 of this Rule are satisfied.
c. Firewall with a minimum of two-hour fire-resistive rating constructed with a minimum

height clearance of 400 millimeters above the roof. (Figure VIII.21)
11. In case of conflict in the provisions on lighting and ventilation under this Rule or
under the Code, the more stringent restrictions must prevail.

A SUBDIVISION 101
Figure VIII.19. OPEN COURT / YARD
Annotation: The separation walls are actually

firewalls (particularly if these are above 3.0 m in
height or above the roof lines of the buildings).
A better option is to set back the firewall by up
to 0.60 m to create a drainage channel as well
as a firewall maintenance space i.e. for
painting and general repair work. When the
said solution is adopted, endwalls are created
instead.
Figure VIII.20.
Annotation: The incremental setbacks are not

intended for adoption as architectural design
standards. These are only tools to limit floor
area generation using climatic conditions as
bases. The actual design solution may actually
have a different configuration that must
however match the limit prescribed by the
incremental setbacks.

A SUBDIVISION 102
Figure VIII.21. ABUTMENTS (FIREWALLS) ON THE SIDE & REAR PROPERTY LINES
Annotation: The 0.40 m height of the firewall above the roof lines of the buildings is an
absolute minimum. Only the flashing may be allowed to cross over to the other side of
the firewall for anchorage purposes.
SECTION 805. Ceiling Heights
1. Habitable rooms provided with artificial ventilation shall have ceiling heights not less
than 2.40 meters measured from the floor to the ceiling; provided that for buildings of
more than one (1) storey, the minimum ceiling height of the first storey shall be 2.70
meters and that for the second story 2.40 meters and the succeeding stories shall have
an unobstructed typical head-room clearance of not less than 2.10 meters above the
finished floor. Abovestated rooms with natural ventilation shall have ceiling heights of
not less than 2.70 meters.
2. Mezzanine floors shall have a clear ceiling height not less than 1.80 meters above
and below it.
SECTION 806. Sizes and Dimensions of Rooms
1. Minimum sizes of rooms and their least horizontal dimensions shall be as follows:
a. Rooms for Human Habitations - 6.00 sq. meters with a least dimension of 2.00 meters;
b. Kitchen - 3.00 sq. meters with a least dimension of 1.50 meters; and

A SUBDIVISION 103
c. Bath and toilet - 1.20 sq. meters with a least dimension of 900 millimeters.
SECTION 807. Air Space Requirements in Determining the Size of Rooms
1. Minimum air space shall be provided as follows:
a. School Rooms - 3.00 cu. meters with 1.00 sq. meter of floor area per person;
b. Workshop, Factories, and Offices - 12.00 cu. meters of air space per person; and
c. Habitable Rooms - 14.00 cu. meters of air space per person.
SECTION 808. Window Openings
1. Rooms intended for any use, not provided with artificial ventilation system, shall be
provided with a window or windows with a total free area of openings equal to at
least 10% of the floor area of the room, provided that such opening shall be not
less than 1.00 sq. meter. However, toilet and bath rooms, laundry rooms and similar
rooms shall be provided with window or windows with an area not less than 1/20
of the floor area of such rooms, provided that such opening shall not be less than
240 sq. millimeters. Such window or windows shall open directly to a court, yard,
public street or alley, or open watercourse.
2. Required windows may open into a roofed porch where the porch:
a. Abuts a court, yard, public street or alley, or open watercourse and other public
open spaces;
b. Has a ceiling height of not less than 2.70 meters;
c. Has one of the longer sides at least 65% open and unobstructed.
3. Eaves, canopies, awnings (or media agua) over required windows shall not be less
than 750 millimeters from the side and rear property lines.
4. There shall absolutely be no openings on/at/within/through all types of abutments

(such as firewalls) erected along property lines except for permitted vent wells. This
Rule strictly applies to all new and existing developments.
5. In locating window openings it should be borne in mind that in cases of extreme

emergencies windows must serve as emergency egress to vacate the premises or
access for rescue operations. Such windows shall meet the following requirements:
a. They can be opened from the inside without the use of any tools;
b. The minimum clear opening shall have a width not less than 820 millimeters and a
height of 1 meter;
c. The bottom of the opening should not be more than 820 millimeters from the floor;

A SUBDIVISION 104
d. Where storm shutters, screens or iron grilles are used, these shall be provided with
quick opening mechanism so that they can be readily opened from the inside for
emergency egress and shall be so designed that when opened they will not drop to
the ground;
e. All areas immediately outside a fire exit window/grille must be free of obstacles and
must lead to a direct access down into the ground or street level.
SECTION 809. Vent Shafts
1. Ventilation or vent shafts shall have a horizontal cross-sectional area of not less than
1.00 sq. meter for every meter of height of shaft but in no case shall the area be less
than 1.00 sq. meter. No vent shaft shall have its least dimension less than 600
millimeters.
2. Unless open to the outer air at the top for its full area, vent shafts shall be covered
by a skylight having a net free area or fixed louver openings equal to the maximum
required shaft area.
3. Air ducts shall open to a street or court by a horizontal duct or intake. Such duct or
intake shall have a minimum unobstructed cross-sectional area of not less than 0.30
sq. meter with a minimum dimension of 300 millimeters. The openings to the duct or
intake shall be not less than 300 millimeters above the street surface or level of court.
SECTION 810. Ventilation Skylights
1. Ventilation skylights shall have a glass area not less than that required for the
windows that are replaced. They shall be equipped with movable sashes or
louvers with an aggregate net free area not less than the parts in the replaced
window that can be opened, or else provide artificial ventilation of equivalent
effectiveness.
SECTION 811. Artificial Ventilation
1. Rooms or spaces housing industrial or heating equipment shall be provided with

artificial means of ventilation to prevent excessive accumulation of hot and/or
polluted air.
2. Whenever artificial ventilation is required, the equipment shall be designed to
meet the following minimum requirements in air changes as shown in Table VIII.4.
hereafter.

A SUBDIVISION 105
GUIDELINES ON EASEMENTS, VIEW CORRIDORS/SIGHT LINES, STREETS/ROAD RIGHT-OFWAY

(RROW), SIDEWALKS, ARCADES, BASEMENTS, LOTS, AND PUBLIC BUILDINGS/STRUCTURES
A. EASEMENTS
1. As it is situated outside of private property limits, the easement is public land, i.e., public
domain, that should be equally enjoyed by all members of the community. The easement
is not to be used for any form of building/structure that may go against its public
recreational character and as such, the following uses and others similar thereto are
absolutely prohibited:
a. Residential and like uses whether temporary or permanent;
b. Long-term or overnight vehicle parking, i.e., unless duly designated as day and/or
night pay-parking zones;
c. As a depository of stalled, wrecked or abandoned vehicles, mechanical devices and

the like;
d. The conduct of specific commercial, institutional and/or industrial activities not

compatible with its stated character;
e. Unauthorized recreational or entertainment usage and the like which will only benefit
certain entities and which will ultimately result in inconvenience/ nuisance/safety
problems to the general public; nor f. Any other form of private use, gain, enjoyment or
profit at the expense of the motoring or walking public.
2. Allowed or Encouraged Structures/Developments Within Easements
a. If wider than 9.00 meters, the easement may include a roadway/carriageway

component on which vehicles can pass or on which the same may temporarily park,
e.g., an esplanade and the like. (Fig. VIII.G.1.)
b. Pedestrian access-ways and the like and to be located at/ above/below the
easement may also be developed for public use, e.g., a promenade and the like. (Fig.
VIII.G.2.)
Table VIII.G.1. Easement* Along Water Bodies/Way by Location

A SUBDIVISION 106
c. The allowed structures/developments include:
i. Hardscaped (paved) pedestrian access-ways such as walks, footpaths or arcades

(covered or roofed sidewalks without any habitable structures above or below it);
temporary or movable hardscape elements such as gazebos, sheds, fountains and
like structures with large footprints must not encroach on the easement;
ii. Softscaped (paved) developments such as park strips, linear parks and the like as
well as small tree farms are encouraged for recreational, livelihood and soil
stabilization/protection purposes;
Annotation: The level of the waterline surface must be established by the DPWH Regional
or District Office, not by the Office of the Municipal/ City Engineer nor by the Office of
the Building Official (OBO). Note also that the trees along the promenade are staggered
i.e. the trees do not face each other but are suggested to be positioned in a zigzag
pattern. In case the width for the esplanade is insufficient, the left sidewalk could also be
dispensed with.

A SUBDIVISION 107
Annotation: The level of the waterline

surface must be established by the DPWH
Regional or District Office, not by the Office
of the Municipal/ City Engineer nor by the
Office of the Building Official (OBO). Note
also that the trees along the promenade
are staggered i.e. the trees do not face
each other but are suggested to be
positioned in a zigzag pattern
iii. Concrete steps leading down to the

water or wooden boardwalks are allowed,
provided that all necessary safety
precautions are taken, e.g., non-slip
finishing for surfaces, handrails and railings;
iv. Other forms of soil

stabilization/protection including anti-
erosion/scouring measures/structures within
the easement are allowed, e.g., rip-
rapping, embankment protection, etc.,
provided that no enclosed/semi-enclosed
habitable structures are built on, above or
below such structures; and
v. Permanent utility/service lines (power,

water, telecommunications, gas, etc.) are
allowed within the easement provided that
these are either below grade (underground) or above grade (overhead).
3. Disallowed and Prohibited Structures/Developments Within Easements
a. No portion of the easement whether at grade (on the ground), below grade or above
grade may be leased or developed by the government or by private entities for purposes
inconsistent with its character and intended function. In particular, any form of
semipermanent/permanent or semi-enclosed/enclosed residential, commercial,
industrial, institutional or government structure/use and like, structures/uses at any portion
of the public easement is prohibited; b. All semi-enclosed or enclosed, semi-permanent
or permanent habitable building projections (particularly arcade structures) or any other
building projection or structural element (eaves, roof, cantilevered beams, foundations
and the like) located above or below the easement are absolutely prohibited; and c. All
forms of enclosures such as fences, perimeter walls and the like, intended to limit the use
of the easement for private enjoyment/benefit or to restrict full access to the public

A SUBDIVISION 108
easement are absolutely prohibited unless the same are erected for reason of public
safety.
B. VIEW CORRIDORS AND/OR SIGHT LINES
1. Preservation of View Corridors and/or Sight Lines
a. The carriageway/roadway portion of the RROW shall be free of structures, particularly

commercial signs that will impede the view corridor and sight lines within the RROW. (See
Fig. VIII.G.4) b. To dignify very important public or historical/culture buildings/structures,
all forms of commercial signs intruding into RROW leading to or away from such
buildings/structures shall not be allowed. Specifically disallowed from such RROW are
commercial signs supported from any building projection (such as arcades). c. View
corridors or sight lines from buildings/structures on a higher or lower lot shall not be entirely
blocked by the intervening property to allow some sight lines to exist. d. In case of
allowed structures within the RROW for transportation, e.g., elevated ramps, flyovers,
tracks, stations, terminals and the like, the appropriate designs shall be adopted to
maximize light, ventilation and view.
C. STREETS/ROAD RIGHT-OF-WAY (RROW)
1. General. No building shall be constructed unless it adjoins or has direct access to

public space, yard or street/road on at least one (1) of its sides. All buildings shall face a
public street, alley or a road, which has been duly approved by the proper authorities for
residential, institutional, commercial and industrial groups.
Annotation: Billboard structures that block the view are particularly prohibited under this
guideline.

A SUBDIVISION 109
a. Allowed or Encouraged Structures/Developments Within the RROW
i. The RROW at all its physical levels may only be used for the following types of
structures/uses or others similar to them, to wit:
(a) Transportation structures and like uses whether temporary or permanent, e.g.,
mass transit alignments (particularly light and heavy rail) at grade, mass transit stations
and terminal facilities above grade (RROW air rights utilization) or below grade and
the like; these also include waiting sheds, traffic outposts and the like;
(b) Limited commercial structures/uses above grade (RROW air rights utilization) or
below grade provided that these are ancillary or supplementary/complementary to
the transportation structures/uses allowed in the previous paragraph, and the like;
commercial signages on the exterior of the commercial structure are disallowed and
prohibited;
(c) Improvements on the RROW and on all its components/elements found at all its
physical levels, e.g., sidewalks, arcades, roadway/carriageway, medians, planting
strips, street furniture, elevated or underground crossings or access-ways,
noncommercial traffic and directional signages and the like; and
(d) Public utility/service structures/uses (power, water, drainage, sewerage,

telecommunications, gas, etc.) at all physical levels of the RROW provided that these
do not restrict nor impede the movement of people and vehicles and provided
further that the rights to utilize the RROW are properly secured and permitted.
b. Disallowed and Prohibited Structures/Developments at RROW
i. If situated outside of private property limits, the RROW is public land, i.e., public domain,
which should be equally enjoyed by all members of the community. The RROW is not to
be used for the following types of buildings/structures/ occupancies or others similar to
them:
(a) Any form of semi-permanent/permanent or semi-enclosed/enclosed commercial

structure/use and like structures/uses;
(b) Any form of temporary, semi-permanent/permanent or semi-enclosed/ enclosed

residential structure/use and like structures/uses;
(c) Government structures/use unless the same are located below or above grade;
in such cases, the proposed structure must be properly planned/designed and
constructed;

A SUBDIVISION 110
(d) Long-term or overnight vehicle parking, i.e., unless duly designated as day and/or
night pay-parking zones;
(e) As a depository of stalled, wrecked or abandoned vehicles, mechanical devices

and the like;
(f) The conduct of other commercial/business/industrial activities incompatible with

the character of the RROW;
(g) Unauthorized recreational or entertainment usage and the like which will only
benefit certain entities and which will ultimately result in inconvenience/
nuisance/safety problems to the general public; nor
(h) Any other form of private use, gain, enjoyment or profit at the expense of the
motoring or walking public.
c. Minimum Access Requirements
i. RROW/access streets or alleys shall have the following widths:

A SUBDIVISION 111
(a) Interior or rear lots shall have a RROW/access street with a minimum width
depending upon the number of buildings or units which it serves provided, however,
that said RROW/access street shall not be less than 3.00 meters in width and provided
further that such RROW shall be provided with a minimum 4.00 meters wide chaflan
at its intersect with the main RROW and provided, finally, that such RROW shall not be
used for any form of parking.
(b) Multiple living units on same lot on which apartments, rowhouses or accessorias or
a group of single-detached buildings are built be provided with a RROW/access
street directly connecting said buildings or units to a public street/road or alley
following the schedule as shown in Table VIII.G.3.
(c) For commercial or industrial areas, sufficient lane widths, shoulders and
maneuvering spaces for long-bodied/articulated vehicles should be considered
within the RROW.
(d) Privately-owned RROW/access streets shall be duly registered and annotated in

the lot title as such for as long as the apartments, rowhouses, etc., using said
RROW/access streets, still exist.
(e) Alignment of RROW/access streets shall be integrated into the existing street/
road network, particularly with the provision of chaflans of the appropriate width. (f)
No obstruction should exist within the RROW/access streets servicing multiple housing
of more than 75 units.
(g) All kinds of subdivisions and residential condominiums may generally refer to this
Guideline concerning access streets/roadways. (Figs. VIII.G.5. through VIII.G.10.)
d. The RROW consists of three (3) different physical levels as follows:
i. RROW ABOVE GRADE - refers to the portion of the RROW reckoned from the finished
surface of the roadway/carriageway and/or the sidewalk/arcade all the way up to the
air. If this level of the RROW is utilized for whatever purpose, the Air Rights or the right to
develop, benefit and profit from the use of the RROW above grade is given up by the

A SUBDIVISION 112
government/general public and should therefore be compensated, i.e., leased and

paid for by the proponent/end-user/beneficiary of the proposed building/structure (Figs.
VIII.G.11. and VIII.G.12.). The minimum clear height for the utilization of air rights above
RROW shall be 4.27 meters from the finished crown elevation of the
roadway/carriageway.
ii. RROW AT GRADE - refers to the portion of the RROW reckoned from the natural grade
line up to the finished surface of the roadway/carriageway and/ or the sidewalk/arcade.
This portion of the RROW is generally utilized for the movement of the general public
(motorists and pedestrians). If this level of the RROW is utilized for whatever purpose, the
right to develop, benefit and profit from the use of the RROW at grade is given up by the
government/general public and should therefore be compensated, i.e., leased and
paid for by the development proponent/end-user/ beneficiary. (Figs. VIII.G.11. and
VIII.G.12.)
iii. RROW BELOW GRADE - refers to the portion of the RROW reckoned from the finished
surface of the roadway and/or the sidewalk all the way down into the ground. If this level
of the RROW is utilized for whatever purpose, the right to develop, benefit and profit from
the use of the RROW below grade is given up by the government/general public and
should therefore be compensated, i.e., leased and paid for by the development
proponent/end-user/beneficiary. (Figs. VIII.G.11. and VIII.G.12.)
Annotation: The minimum 3.0 m wide

access road necessarily includes all
provisions for drainage and for utility
lines. It must be maintained free of all
forms of obstructions at all times,
particularly parked or abandoned
vehicles that may impede
rescue/emergency response. Trees
or plants should not be sited within
any part of the minimum 3.0m wide
access road i.e. suggested for
planting within the property limits
instead.

A SUBDIVISION 113
ALL PRIVATE ROADS OR ACCESS TO INTERIOR LOTS SHALL BE ACCESSIBLE TO STREET OR PUBLIC SPACE OR YARD
AND SUCH SHALL CONFORM TO SUCH PROVISIONS AS TO YARDS AND TABLE VIII.G.3.

A SUBDIVISION 114
Annotation: Assuming the necessary

permits and/or required leasing
arrangements for the use of air rights
and below-grade rights are perfected,
all three levels of RROW development
could be introduced/ integrated.
Annotation: The incremental setbacks

are not intended for adoption as
architectural design standards. These
are only tools to limit floor area
generation using climatic conditions as
bases. The actual design solution may
actually have a different configuration
that must however match the limit
prescribed by the incremental
setbacks.

A SUBDIVISION 115
D. SIDEWALKS
1. Subject to existing laws and regulations, the local planning authority shall determine
which street shall have an open sidewalk or an arcaded (covered) sidewalk, or a
combination of both.
2. The minimum width of the sidewalk for a RROW width of 9.00 meters or more shall be
1.20 meters on each side of the RROW or a total of 2.40 meters on both sides of the RROW
(Fig. VIII.G.14.). For the minimum width of sidewalk for RROW of less than 9.00 meters wide,
refer to Table VIII.G.3.
3. Sidewalk widths shall be based on the following considerations:
a. Volume of pedestrians (end-users, visitors and the like) who will use the sidewalk on
a regular basis;
b. Type, intensity or level of operation and size/expanse of the allowed uses/

occupancies along the RROW;
c. The types and volume of street furniture, e.g., street lighting and traffic signs/signal
supports, pedestrian barriers/aids, etc., and other urban design elements that will be
allowed as permanent developments design elements that will be allowed as permanent
developments within the width of the sidewalk;
d. The width of the planting strips;
e. The spatial needs for servicing utility/service lines underneath the sidewalk and for
utility/service poles;
f. Compliance with accessibility requirements as stipulated under Batas Pambansa Blg.

344 (Accessibility Law);
g. Provisions for commuters, e.g., waiting sheds, loading/unloading areas and the like; h.
Provisions for vehicle crossings/driveways between the roadway/carriageway and the
front yards of lots or buildings/structures or provisions for loading/unloading platforms if
allowed; i. Need for introduction of allowed uses/ elements within the sidewalk area only
if there is sufficient sidewalk width, e.g., bicycle lanes, jogging lanes and the like; and j.
Climate, light, ventilation, safety, security and overall maintenance of the sidewalk and
all its surface areas.
4. Sidewalks shall be of uniform width throughout the entire length of the street. The
sidewalk width grade and finish of the dominant use/occupancy along the RROW shall
be generally observed.
5. The width of the sidewalk shall be as follows:

A SUBDIVISION 116
Table VIII.G.4. Range of Required Sidewalk and Planting Strip Widths (total at both sides
of RROW) by RROW Width
6. The width of the sidewalk shall include both the paved and unpaved (planted)
portions. (see Table VIII.G.5.)
Note: *Minimum width of planting strip (for grass and shrubs) is 200 millimeters for each
side of the RROW. The minimum width of planting strip (for trees) is 300 millimeters for
each side of the RROW.
7. For allowed, disallowed and prohibited structures/developments at RROW, refer to

Sections C.1. (a) and C.1. (b) of this Guideline.
8. The sidewalk pavement shall have a non-slip surface and shall slope down from the
building line towards the curb line at not more than 1/50 and shall level off with the curb.
(Fig. VIII.G.14.)
9. Sidewalks of 2.00 meters or more in width shall include on its outer side a planting strip
of not less than 800 millimeters in width up to a maximum of 1/3 of the allowed sidewalk
width, separating the curb from the sidewalk pavement. The planting strip must always
be near the curbline. (Fig. VIII.G.15.)
10. Combined open and arcaded sidewalks shall be provided with a planting strip of not
less than 800 millimeters in width up to a maximum of 1/3 of the allowed sidewalk width,
as a separating strip between the arcaded portion and the open portion of the sidewalk.
(Fig. VIII.G.16.)

A SUBDIVISION 117
11. Grade of Sidewalks
a. Sidewalks shall, as much as possible, be level and of uniform grade throughout the
entire length of the street.
b. Whenever the slope of the street does not exceed 1/12 the sidewalk grade shall follow
the level or slope of the street. (Fig. VIII.G.17.)
c. Whenever the slope of the street is 1/10, the sidewalk shall be maintained level for
every 20.00 to 40.00 meters of run (Fig. VIII.G.18.). Sidewalks of different levels shall be
joined by means of a ramp having any convenient slope not exceeding 1/6. (Fig.
VIII.G.18.)
d. When the grade of two (2) connecting sidewalks are between 1/10 and 1/8, the two
sidewalks shall be joined by means of a ramp having any convenient slope not
exceeding 1/10.
Figure VIII.G.16. SIDEWALKS & PLANTING STRIPS

A SUBDIVISION 118
Annotation: The arcades shown above were originally for widened RROWs where
property recovery was necessary through air rights utilization. If no road widening occurs,
arcade structures above sidewalks represent the use of public domain, for which leases
need to be paid to the LGU or the DPWH as the case may be. Arcades and arcade
structures are best sited within the property limits.
12. Driveways, Entrances and Exits
a. Driveways Across Sidewalks
i. To maximize the use of the sidewalk area, the surface of the sidewalk and the
driveway shall as much as possible, be at the same plane. The entry ramp of the
driveway connecting the roadway surface to the sidewalk surface shall have a slope
ranging from 1/3 to 1/4. (Figs. VIII.G.19. and VIII.G.20.)
ii. Whenever the height of the curb is more than 200 millimeters, driveways may be
constructed across the entire width of the sidewalk, provided that the driveway shall
be joined to the sidewalk by means of a ramp of rough finish have a slope of not more

A SUBDIVISION 119
than 1/8. The driveway and the ramp shall be made of the same materials as that of
the sidewalk. (Figs. VIII.G.19., VIII.G.20., and VIII.G.21.)
iii. Entrances and exits of buildings abutting sidewalks shall be made of either ramps
or steps.
iv. Entrance and exits ramps shall have a slope not exceeding 1/10. (Fig. VIII.G.22.)
v. Entrance or exit steps shall have treads of not less than 300 millimeters. The
minimum number of steps shall be two (2) with risers not exceeding 100 millimeters.
vi. No portion of either entrance or exit ramps or steps shall intrude into the sidewalk
pavement.
13. Obstruction on Sidewalks
a. Under no circumstances shall obstruction of any kind be allowed on sidewalks,

whether open or arcaded. This specifically refers to all forms of commercial signs and
commercial structures that impede sight lines or pedestrian traffic along the sidewalk.
b. Planted areas forming part of the sidewalk or arcade shall not be fenced in to allow
passage of pedestrians and disabled in transit.
14. Curb Configurations
a. Mountable curbs shall only be allowed if the sidewalk width on each side of the RROW
is at a minimum of 5.00 meters wide.
b. For greater protection of pedestrians and the disabled, raised curbs are encouraged
for use along sidewalks that are less than 5.00 meters in width.

A SUBDIVISION 120

A SUBDIVISION 121

A SUBDIVISION 122

A SUBDIVISION 123

A SUBDIVISION 124
STANDARDS FOR HOUSING DESIGN AND CONSTRUCTION
by Ar. Maria Benita O. Regala. fuap Manager, Housing Technology Development Office
(HTDO), NHA
A. Site Criteria (Sec. 5, BP 220)
1. Availability of Basic Needs (Water, Movement and Circulation, Storm Drainage, Solid
and Liquid Waste Disposal, Parks/Playground, Power) Waste Disposal, Parks/Playground,
Power)
2. Conformity with Zoning Ordinances/ City or Municipality Land Use Plan
3. Physical Suitability
4. Accessibility
B. Planning Considerations (Sec. 5, BP 220)
1. Area Planning
2. Site Preservation/ Alteration a. Slope b. Preservation of Site Assets c. Ground Cover
3. Easements
4. Circulation
C. Design Parameters (Sec. 5, BP 220)
1. Land Allocation 7. Electrical Power Supply
2. Lot Requirement 8. Sewage Disposal System
3. Length of Block 9. Drainage Disposal System
4. Shelter Component 10. Garbage Disposal System
5. Setback/ Yard 11. Firefighting
6. Water Supply
SITE SELECTION CRITERIA
• LOCATION – With consideration of both the regional and local context – Housing
projects shall be within suitable sites for housing and outside potential hazard prone and
protection areas
• ACCESSIBILITY FROM MAJOR TRANSPORTATION FACILITIES – Site shall have an existing

legal road right of way from a major thoroughfare

A SUBDIVISION 125
• ZONING AND LAND USE CLASSIFICATION – Classification shall be Residential as defined

under approved CLUP
• TOPOGRAPHY AND SOIL CHARACTERISTICS – Must be relatively flat (or filling requirement
for rolling terrain shall not exceed max cost) – Slopes should not exceed 15% max
gradient. For high density, slope should be below 5%. – Soil characteristics must conform
to the suitability standards for construction by DENR through its Bureau of Mines and Geo-
Sciences
• WATER SUPPLY FACILITIES – Source of potable water should be established whether from
local water company, from the ground, or other alternative source
• POWER SUPPLY FACILITIES – Presence of power utility company that will serve the needs
of new community
• DRAINAGE – Natural waterways and outfalls shall be established on ground
SITE PLANNING PRINCIPLES
• Compliance to all existing laws, rules and regulations on housing (local or national)
• Adoption of the green infrastructure and preservation of existing natural assets of the
land (e.g., trees, ground cover, vegetation, natural waterways)
• Promotion of “walkable communities”
• Promotion of appropriate community facilities and infrastructure
–To serve the socio-economic needs and cultural activities of the beneficiaries as well
as encourage the implementation of environmental management programs in the
housing sites
–NHA shall provide the minimum requirements for community facilities
• LAND USE ALLOCATION PER SITE
66% Saleable –Residential housing development
34% Non-Saleable –Circulation/ Road Network, Parks and Playgrounds, Community

Facilities
• MAXIMUM ALLOWABLE DENSITY PER HECTARE
– Horizontal Development
• 1-Storey Row House (Loftable) : 160 units/ha.
• 1-Storey Row House (with loft) : 160 units/ha.
• 2-Storey Row House : 160 units/ha.

A SUBDIVISION 126
– Vertical Development (Low Rise Buildings)
• 2-Storey LRB : 225 units/ha.
HOUSING UNIT DESIGN GUIDELINES
• MINIMUM FLOOR AREA
– 22.0 square meters loftable
– 22.0 square meters with 11 sq.m loft
– 24.0 square meters (for LRBs)
– Models for lots along major roads may be modified to include provision of a space for
home-based economic activity, but should not exceed cost parameters
– If new technology or material substitute: must have passed AITECH (Accreditation of

Innovative Technologies for Housing)
• Provision of community facilities shall be determined based on the needs of target

beneficiaries
– Based on existence of public infrastructure within the 5-km radius of the site
• For horizontal development:
– 1 covered basketball court/ multi-purpose center
– 1 day care center w/ 2 classrooms
– 1 MRF
– 1 tricycle terminal

A SUBDIVISION 127
Acceptable easement purposes on new Plans of Subdivision
Land Victoria recognizes that this may not be an exhaustive list of all acceptable
easement purposes. Other easement purposes may be acceptable on plans of
subdivision, but these would have to be sanctioned by Land Victoria prior to recording.
Group 1 – Easements that can be accepted without further qualification

 Air Supply (further easement purposes relating to air)
o Flow of air
o Passage of air
o Air exhaust and ventilation
 Carriageway (further easement purposes relating to Carriageway see Group 2
Carriageway)
 Drainage (further easement purposes relating to drainage)
o Drainage and Floodway
o Drainage and Sewerage
o Drainage and Waterway
 Erosion
 Fire (easement purposes relating to fire)
o Fire access
o Fire escape
o Fire egress
 Floodway
 Flooding
 Submergence
 Flow of Light and Air
 Footway (further easement purposes relating to Footway see Group 2 Use of
stairway)
 Gas (easement purposes relating to gas)
o Gas distribution pipeline
o Gas transmission pipeline
o Supply of gas
 Light (easement purposes relating to light)
o Flow of light
o Passage of light
 Overhanging Eaves/Spouting/Balcony
 Party Wall/Chimney
 Passage of Light and Air
 Pipeline or Ancillary Purposes (Section 136 Water Act 1989)
 Powerline (Section 88 Electricity Industry Act 2000)
 Sewerage
 Soakage by Water
 Walkway (further easement purposes relating to walkway)
o Walkway in the event of ‘activity’ (e.g. flood) in ‘specific location’ (e.g.
Smith Street)
 Waterway (further easement purposes relating to waterway)
o Waterway Management

A SUBDIVISION 128
 Way (further easement purposes relating to Way see Group 2 Mail collection)
Group 2 – Easements that can be accepted with further qualification
Note: some of the easements listed below were historically accepted at Land
Victoria without qualification, but now require further qualification to be recorded.
 Carriageway (e.g. easement of carriageway for – a specific purpose – loading

and unloading heavy equipment)
 Channel (e.g. Channel easement for the passage of water)
 Data transmission (define the method of transmission e.g. overhead/underground
cable etc.)
 Electricity (easement purposes relating to electricity)
o Supply of electricity (e.g. through underground cable/overhead
powerline)
o Transmission of electricity (e.g. through underground cable/overhead
powerline)
 Ground water monitoring (e.g. right to enter onto servient land from time to time
for the purposes of monitoring ground water levels, or similar)
 Irrigation (e.g. flow of water through pipeline or channel – as applicable – for the
purpose of irrigation)
 Mail collection (e.g. easement of way for the purpose of collecting mail, or very
similar)
 Right of Access (define both the purpose and means of access e.g. access by
foot for the purpose of using a storage shed)
 Right of Entry (define both the purpose and means of entry e.g. entry by
emergency vehicles in the event of fire)
 Sanitary convenience (e.g. easement for the use – from time to time – of sanitary
conveniences located on the servient land)
 Supply of recycled water (e.g. through underground pipes/channels)
 Supply of water (e.g. through underground pipes)
 Support (define what is being supported and by what method)
 Telecommunications (e.g. transmission of telecommunication signals by
‘underground cable’)
 Underground effluent disposal (e.g. flow of effluent through underground effluent
disposal system; however, underground effluent disposal installation is not
acceptable)
 Use of stairway (e.g. easement of footway over stairs, or very similar)
 Vehicle parking (full and free right and liberty to and for the registered proprietor
for the time being of the dominant tenement and his servants, agents, workmen
and visitors to use the land marked (XX) for the purpose of parking vehicles
between the hours of (XX) to (XX) Monday to Friday and (XX) to (XX) on Saturday)
 Waste disposal (Define the type of waste. If this is an easement to permit the flow
of effluent across the servient land, this needs to be explicitly set out, including the
manner in which it is to flow – across the land or through a pipeline or channel. In

A SUBDIVISION 129
situations where the manner of flow is unknown at the time of registration, a

combination of flow types may be acceptable e.g. waste water disposal by either
underground soakage system and/or above ground irrigation system.)
 Wetland – detailed qualification required – Land Victoria often receive MCPs
(Memorandum of Common Provisions) containing lengthy qualifications describing
this type of easement
Reference: www.propertyandlandtitles.vic.gov.au
SUBDIVISION DEVELOPMENT CONSIDERATIONS
Developing a nice subdivision is a great way to turn your land into something great, but
you have to go about it the right way. Starting a subdivision without a plan in mind is like
setting yourself up for failure, but keeping these five important components of subdivision
development in mind is a great way to help ensure success.
1. Where is the Subdivision located?

One of the first most important components of subdivision development is
choosing the right location, but builders do choose different locations for different
reasons. For example, it’s a nice idea to set up a subdivision in the suburbs o near
a military installation, but subdivisions can also do well in areas where there aren’t
many single-family homes. Regardless, it is essential to choose an area with a
healthy population or that is growing relatively quickly.
2. How much space is available?

When developing a subdivision, it is essential to make sure that there is enough
space for the neighborhood to really grow. Along with making sure that there is
ample space for the beginning plans and to make sure that each residence has
a large enough lawn, it isn’t a bad idea to invest in a bit of extra acreage; this will
allow for a bit of breathing room if the neighborhood really takes off.
3. What types of homes will be built?

Determining what type of homes will be built is one of the essential components
of subdivision development. Failing to have a plan in mind can cause you to end
up with a neighborhood could go in the wrong direction. For example, you will
probably want to determine an average size and price for the homes in the
subdivision; although they all won’t be exactly the same price or size, they should
have something in common. You might even want to opt for homes in a certain
style, or you could choose that you want all of the homes to be brick or to have
something else in common aesthetically.

A SUBDIVISION 130
4. What amenities will be offered?

Since there are a lot of different subdivisions out there, you have to add enough
amenities to make people want to call your neighborhood home. For example,
you might choose to offer a swimming pool and a small park for the kids to play
in. Or, you could opt to plant beautiful gardens. You don’t have to have
everything, but you will want to have a few things to offer that will make your
subdivision different from the countless others that are out there. When planning
these amenities, however, make sure that you put them in your budget; not only
do you have to worry about initial costs, but you also have to think about
maintenance and upkeep as well.
5. How will the subdivision be developed?

Who will be in charge of the subdivision development? For example, are you
planning on having the homes built to your specifications and then sold, or will you
be selling lots with restrictions? Also, will there be a homeowners’ association?
Reference: http://dev-tips.com/5-important-components-subdivision-development/

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A SUBDIVISION 1

Top Subdivision Developers in the Philippines

Ayala Land Inc.

Ayala Westgrove Heights. Photo via Ayala Land Premier

ARCHITECTURAL DESIGN VII | 201515306

Catering to the affordable and mid-market segment, the

8990 Housing Development Corp.

Townhouses in Deca Clark Resort. Photo via 8990 Housing

One of 8990’s largest projects is the Deca Clark

Filinvest Land, Inc.

ARCHITECTURAL DESIGN VII | 201515306

Timberland Heights. Photo via Filinvest

One of Filinvest’s most notable

Sta. Lucia Realty

Palo Alto Estates Clubhouse. Photo via Sta. Lucia Realty

The most recent of these projects is

ARCHITECTURAL DESIGN VII | 201515306

Majority of DMCI’s subdivisions were completed in the

Robinsons Land Corporation

Artist rendition of Brighton Parkplace gate. Photo via Robinsons Land

Tentatively called Brighton Parkplace, the project in

AXEIA Group of Companies

Artists rendition of Santorini Estates Clubhouse with cliffs at the back:

The company has another 12 projects currently

ARCHITECTURAL DESIGN VII | 201515306

PHILIPPINE INSTITUTE OF DEVELOPMENT STUDIES (PIDS)

Development Research News

Overcoming Obstacles: Land Development in the Philippines

“Servicing” the Land

 Development of serviceable lots process, which involves putting infrastructures and

 Building development process, which involves putting up infrastructures on serviced

Private entities undertaking land development have to conform to specific standards

 Locational clearance  Environmental permit

ARCHITECTURAL DESIGN VII | 201515306

Figure 1. Land Development Process

Unlike the centralized scheme wherein approvals and issuances

Figure 2. Decentralized Permit System

Land Use Control

ARCHITECTURAL DESIGN VII | 201515306

Subdivision development controls

 Subdivision and Condominium Buyers Protective Decree or Presidential Decree

Land Conversion Regulation

ARCHITECTURAL DESIGN VII | 201515306

RULE I. MINIMUM DESIGN STANDARDS

Section 1. Design Standards for Subdivision

Conformity with Zoning Ordinance/Comprehensive Land Use Plan

ARCHITECTURAL DESIGN VII | 201515306

a. safety and general welfare of the future occupants:

c. judicious allocation of land uses for diversity and amenity;

e. proper siting or orientation of lots;

f. harmony with existing and proposed development in the vicinity;

g. Application of workable design principles or parameters for a well-planned and self-

b. Facilities and Amenities

ARCHITECTURAL DESIGN VII | 201515306

b. Preservation of Site Assets

a. Chapter IV, Section 51 of The Water Code, on water bodies;

b. National Power Corporation (NPC), on transmission lines;

d. Other public utility companies and other entities' right-of-way;

ARCHITECTURAL DESIGN VII | 201515306

f. Other related laws.

a. Roads complemented with pathwalks within the subdivision must be so aligned to

b. Streets should conform to the contours of the land as far as practicable

Where a proposed project adjoins undeveloped property, a provision for future