Implementing Rules and Regulations Rule I: General Provisions

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 31

BP 220

AN ACT AUTHORIZING THE MINISTRY OF HUMAN SETTLEMENTS TO ESTABLISH AND


PROMULGATE DIFFERENT LEVELS OF STANDARDS AND TECHNICAL REQUIREMENTS FOR
ECONOMIC AND SOCIALIZED HOUSING PROJECTS IN URBAN AND RURAL AREAS FROM
THOSE PROVIDED UNDER PD 957, 1216, 1096 AND 1185”

IMPLEMENTING RULES AND REGULATIONS

RULE I: GENERAL PROVISIONS

Section 1. Scope of Application


These rules and standards shall apply to the development of economic and socialized housing projects in
urban and rural areas. They shall apply to the development of either a house and lot or a house or lot only.

Section 2. Declaration of Policies


It is a policy of the government to promote and encourage the development of economic and socialized
housing projects, primarily by the private sector in order to make available adequate economic and socialized
housing units for average and low income earners in urban and rural areas.

RULE II: MINIMUM DESIGN STANDARDS AND REQUIREMENTS FOR ECONOMIC AND
SOCIALIZED HOUSING PROJECTS

Section 3. Standards and Guidelines


Development of economic and socialized housing projects shall be in accordance with the minimum design
standards herein set forth.

Section 4. Basis and Objectives of the Minimum Design Standards


THE DESIGN STARDARDS ARE intended to provide minimum requirements within the generally accepted
levels of safety, health and ecological considerations. Variations, however are also possible, as may be based on
some specific regional, cultural and economic setting, e.g., building materials, space requirement and usage.
The parameters used in formulating these Design Standards are:

A. Protection and safety of life, limb, property and general public welfare.
B. Basic needs of human settlements, enumerated in descending order as follows:
1. Water 4. Solid and liquid waste disposal
2. Movement and circulation 5. Park/playground
3. Storm drainage 6. Power

C. Affordability levels of target market


D. Location
shall be located within suitable site for housing and outside potential hazard prone and
protection areas.

Section 5. Technical Guidelines and Standards for Subdivisions


A. Site Criteria
1. Availability of basic needs
2. Conformity with the Zoning Ordinance or Land Use Plan of the
City/Municipality
3. Physical Suitability
4. Accessibility
B. PLANNING CONSIDERATIONS

1. Area Planning
Project design should consider not only the reduction of cost of development to a minimum but also the
provision for future improvement or expansion.
2. Site Preservation/Alteration
a. Slope - 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 200mm or more,
shrubs and desirable ground cover shall be preserved including good quality top soil in the site but may be
preserved for finishing grades of yards, playgrounds, parks and garden area.
c. Ground Cover
3. easement
Subdivision projects shall observe and conform to the provisions of easements as may be required by:
a. Water Code of the Philippines
b. National Power Corporation (NPC) on transmission lines
c. Fault traces as identified by PHIVOLCS per Resolution No. 515,
series of 1992.
d. Right-of-way of other public companies and other entities.
e. For projects abutting national roads (primary roads) adequate easement shall be provided for road
including loading and unloading as may be required by national/local government units.
4. Circulation

C. Design Parameters
1. Land Allocation
a. Saleable Areas
There shall be no fixed ratio between the saleable portion and non-saleable portion of a subdivision
project.
b. Non-saleable Areas
conform with the minimum requirements for open space.
b.1 Allocation of Area for Parks and Playgrounds
shall be non-alienable and nonbuildable for community hall but buildable for basketball court. It shall
be exclusive of those areas allocated for community facilities.
* Dwelling units
** Parks and Playgrounds

In no case shall an area allocated for parks and playgrounds be less than 100 square meters. An
addition of 1% increment for every 10 or fraction thereof above 225.

b.2 Area Allocated for Community Facilities


Mandatory provision of area for neighborhood multi-purpose center both for economic and socialized
housing projects with a gross area of 1 hectare and above. These areas are non- saleable.

Table 2: Facilities According to the Number of Saleable Lots/


Dwelling Units for Subdivision Projects 1 Hectare and Above

* Mandatory Provision of area


** Optional Saleable but when provided in plan the same shall be annotated in the title

The area allocated for community facilities shall vary with the density of the subdivision, i.e., number of
lots and/or living units whichever is applicable, as shown below:

Table 3: Community Facilities Allocation

* Dwelling units
** Community Facilities

b.3 Circulation System


Land circulation system shall comply with the pertinent requirements of BP 344 otherwise known
as the Accessibility Law.
b.3.1 Hierarchy of Roads

Table 4: Hierarchy of Roads

b.3.2 Road Right-Of-Way

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.
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.
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.

Setback Requirement Along Main Public Road

Contiguous projects or projects to be developed by phases shall be


provided with interconnecting roads with a minimum right-of-way of 10.0
meters.
Alley shall have a width of 2.0 meters intended to break a block and to
serve both pedestrian and for emergency purposes, both ends connecting to streets. It shall not be used as access
to the property.
Pathwalk shall have a width of 3.0 meters intended only to provide
pedestrian access to property for socialized housing projects. It shall
have a maximum length of 60 meters.

b.3.3 Planting Strips


Table 6: Width of Planting Strips and Sidewalks

b.3.4 Road Pavement


Major, minor roads and motor court for economic and socialized housing projects shall be paved with asphalt
with minimum thickness of 50 mm or concrete with minimum thickness of 150 mm and a minimum
compressive strength of 20.7 Mpa at 28 days. Sidewalk or alley shall be of macadam finish.

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.
b.3.6 Road Grade/Slope
Crown of the roads shall have a slope of not less than 1.5 to 9 percent.
2. Lot Requirement
a. Lot Planning
- 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.

b. Minimum lot area


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
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.

3. Length of Block
Maximum block length is 400 meters. However, block length exceeding 250m shall already be provided with a
2-meter alley approximately at midlength.

4. Shelter Component
5.
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


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 - comply to the provisions of nbcp

6. Water Supply
Whenever a public water supply system exists, connection to it by the subdivision is mandatory. If not
available, the developer shall provide for an independent water supply system within the subdivision project.
With a Minimum quantity requirement 150 liters per capita per day.

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.

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.

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.

Section 6. Building 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 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
provide maximum light and ventilation into the building.

d. Sizes and Dimensions of Courts or Yards


Minimum of 2 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:

Table 10: Private Open Space Requirements

Building Design Standards (Applicable for both Economic and Socialized Housing)

a. Space Standards
shall provide complete living facilities 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.
2) Mezzanine floors shall have a clear ceiling height of not less than 1.80 meters above and below
it AND shall not cover 50% of the floor area below it.

c. Openings
1) Doors
a) A minimum of one entrance/exit OF occupants 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.

2) Windows
a) habitable ROOMS shall HAVE opening OF at least 10% of the floor area of the room.

b) Bathrooms SHALL HAVE OPENNING OF AT LEAST 1/20 of its floor area.

c) 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 2.0M

3) Interior Stairs

a) Width. Stairways shall have a minimum clear width of 0.60 meter.

b) Riser and Run. 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. minimum headroom clearance of 2.0 meters.

d) Landings. 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.

f) Guard and Handrail Details.


f.1 Handrails on stairs HAVE A MINIMUM OF 0.80 meter AND A MAXIMUM OF 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.
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.
f.3 The height of guards. shall not be less than 0.80 meter and no more than 1.20 meters.

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.
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.

e. Electrical Requirements
There shall be provided at least one light outlet and one convenience
outlet per activity area.

f. Firewall
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 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.
Ceiling should be compartmentalized and should not be continuous from one living unit to another.

Fig. 10: Firewall for Dwelling Units on Property Line

B. Multi-Family Dwellings and Condominiums (Applicable for both Economic and Socialized Housing)

1. Lot Planning
Direct vehicular access to the property shall be provided by means of an abutting improved public
street.
b. 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.
c. Non-residential use. Portions of the property may be designed for nonresidential use provided the
type of non-residential use is compatible with the character of the property.

Fig. 11: Non - Residential Use

f. Open Space
Requirements. Portions of the property shall be devoted to open space to provide adequate light, ventilation and
fire safety.

Table 11: Minimum Setbacks per Storey

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.

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.

with more than 4 storeys shall be 10 meters. The minimum horizontal clearance shall be 6.0
meters. but 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.

g. Parking Requirements
For multi-family dwellings and condominiums, the parking requirement shall be 1 parking slot per 8 living
units. The size of an average 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.
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.

DRAWING NNG PARKING SPACE

2. Building Design Standards


a. Living Units
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. Standards for exits, corridors, exterior balconies and common stairways shall conform with the nbcp and fire
code. Automatic fire alarm suppression system should be provided for structure more than 15 meters in height.

c. Utilities and Services.

1) Water Supply
2) Power Supply/Electrical Service
3) Drainage System
4) Sewage Disposal System
5) Garbage Disposal System
6) Elevator Requirements (If Applicable)
elevators shall be required for buildings 6 storeys and beyond.
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)

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 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


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.

Section 11. Evaluation of Land Development and Structural Design Components of Project.
if locationally viable, the Board shall proceed to determine whether the land development scheme and building
design are in accordance with the standards. If the design is not in compliance with the standards set f 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 verification survey and approval.

RULE IVL: REGISTRATION AND LICENSING OF ECONOMIC AND SOCIALIZED


HOUSING PROJECTS

Section 13. Application for Registration


A. Common Requirements
No subdivision or condominium intended for economic and socialized housing shall be sold unless it has been
registered and issued a License to Sell.

Upon receipt of Verified Survey Returns of subdivision plan from the Land Management Sector, the developer
shall cause the registration of the project with the Board by submitting the following documents:

1. Sworn registration statement using either:


a. HLURB form 001 for corporation (See Annex 3)
b. HLURB form 003 for single proprietorship (See Annex 4)

2. Certified true copy of Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) duly stamped
with original marking “Certified True Copy” by the proper Register of Deeds and bearing its seal or security
marker.

3. Duly audited balanced sheet (certified copy of the original) issued and signed by the authorized official of
the applicant and under the latter’s authority.
4. Articles of incorporation (or of partnership or association), amendments thereof and existing by-laws (or its
equivalent) clearly indicating the authority of the applicant to engage in real estate trade particularly in the
development and selling of lots or units.

5. A copy of any circular, prospectus, brochure, advertisement, or communication used/to be used for public
offering of subject project and for circulation upon approval by this Board.

6. Sample copy of contract to sell to be used in the public offering of lots, units or lots and units. When
amendments shall be effected on the form contract submitted for notification/approval by HLURB, pro-forma
affidavit signifying willingness to change project name.

7. Certified true copy of Environmental Compliance Certificate (ECC)/Certificate Of Non-Coverage (CNC),


whichever is applicable, duly issued by the Department Of Environmental And Natural Resources.

8. Zoning Certification from HLURB Regional Office.

9. Certified true copy of DAR Conversion Order.


10. Electrical plan and specifications duly signed and sealed by a licensed professional electrical engineer

11. Permit to operate a deepwell and subsequent submission of confirmed water resistivity test from the
National Water Resources Board (NWRB).

C. Additional Requirements
1. For condominium projects, master deeds with declaration of registration and declaration of restrictions
evidenced by the proper annotations thereof in the title(s) of the property and the certified true copy of such
title(s) from the Register Of Deeds.

2. For subdivision projects:


a. Two copies of Verified Survey Returns with label for all non-saleable areas including but not limited to parks
and playgrounds, community facilities and roads and easements;

b. Copy of the following documents in case the Development Permit was issued by the Local
Government Unit (LGU) pursuant to the 1991 Local Government Code and related issuancE.

1) Sangguniang Resolution/Ordinance granting of Development Permit/Subdivision Development


Plan.

2) Certified true copy of resolution conferring authority to the mayor orother local government
official to issue development permit.

3) Proof of compliance to Section 18 of RA 7279 (for BP 220 project whose selling price is
above the maximum selling price of socialized housing project).

4) Topographic Plan

c. Project study

d. Copy of brochures and other form of advertisements.

Section 14. Application for License to Sell


The owner or the real estate dealer interested in the sale of lots or units in a subdivision or condominium
project shall apply with the Board for a License To Sell.

by submitting the following:


1. Program of development (bar chart with S-curve, Gantt chart/PERT-CPM, etc.) signed and sealed by a
licensed engineer or architect indicating work activities, duration and costing.

2. Affidavit of undertaking

3. Duly accomplished and notarized fact sheet


4. Proof showing the required minimum level of development before the issuance of license sell: (Per Board
Res. No. R-830, Series of 2008)
a. For subdivision projects – land clearing and grubbing, road tracing, earthworks, sub-base and
base preparation activities, and entrance gate if included in the brochure, advertisement or
development plan.

b. For condominium projects – civil and structural works of foundation to include excavation, pile
driving, concreting, steel reinforcement and formworks.

Section 15. Notice of Publication


Failure to publish the notice of filing of registration statement within 2
weeks from receipt of notice to publish issued by the Board, the owner/ developer shall be required to re-file
the application for Certificate of Registration.

Section 16. Certificate of Registration


5 days from the completion of the publication as provided for in Section 15 and upon submission of the
affidavit of publications, executed by the publisher, the Board shall, in the absence of an opposition to the
Registration of the project, issue a Certificate of Registration “upon payment of the prescribed fees.

Section 17. License to Sell


No owner or developer shall sell any disposable subdivision lot or condominium unit in a registered property
without a license to sell issued by the Board within 2 weeks from registration of such project.

Section 18. Monitoring of Project


The Board shall have the power to monitor projects granted Development Approval and License to Sell It may
exercise visitorial powers and in case of violation or non-compliance of the terms, standards and conditions set
forth in the approval and the license issued, it may institute revocation proceedings and impose appropriate
fines and penalties.

RULE V: MISCELLANEOUS PROVISIONS

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.
8. 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.

9. Block - A parcel of land bounded on the sides by streets occupied by or intended for buildings.

10. Board or HLURB - shall mean the Housing and Land Use Regulatory Board.

11. Cluster Housing - single-family detached dwelling unit containing three or more separate living
units grouped closely together to form relatively compact structures.

12. 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.

13. Dwelling - a building designed or used as residence for one or more families.

a. Dwelling Types
1. Single Detached - a dwelling for 1 family which is completely surrounded by permanent open spaces,
with independent access, services, and use of land.

2. 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 independent access, services, and use of land.
Such dwelling shall include duplexes, quadruplex or terraces, and cluster housing.
3. 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.

4. Single-family dwelling – shall mean single family per lot.


5. 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
1. 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

2. 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

10. Frontage - that part or end of a lot which abuts a street.

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.
Pd 957
THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE.

REVISED RULES AND REGULATIONS IMPLEMENTING THE SUBDIVISION AND


CONDOMINIUM BUYER'S PROTECTIVE DECREE (PD 957) AND OTHER RELATED
LAWS

RULE I: MINIMUM DESIGN STANDARDS

Section 1. Design Standards for Subdivision


Residential subdivision projects shall conform with the following minimum design standards, applicable lgu’s
zoning ordinances as well provisions of the nbc if project is with housing component:

A. Site Criteria
1. Location
Subdivision projects shall be located in residential zones or other areas appropriate for residential
uses.

2. Physical Suitability
Subdivision projects shall be located within suitable sites for housing and outside hazard prone
areas and protection areas

3. Accessibility
The site must be served by a road that is readily accessible to public transportation lines.

B. Planning Considerations
1. Area Planning
a. Open spaces
Open spaces shall conform to the provisions of P.D. 1216 and its
implementing rules and shall include the following:
a. 1 Streets - adequate and safe means of vehicular and pedestrian circulation and easements for
utilities and planting strips, shall be provided.

a. 2 Walks - paved walks shall be provided to the living units from streets, parking spaces and
from living units to play areas.

a. 3 Parks and playground - suitable recreational area(s) shall be allocated within the subdivision.

b. Facilities and Amenities


Areas required for subdivision facilities and amenities shall be allocated in accordance with the
provisions.

c. Density
Density of subdivision projects shall conform with the residential densities in the zoning ordinance of
the city/municipality.

C. Design Parameters

1. Land Allocation
For open market and medium cost subdivision projects with an area of one hectare or more, the
percentage allocation of land shall be:

a. saleable area — maximum of 70% of the gross area


b. non-saleable area — minimum of 30% of the gross area

b.1 Parks/Playgrounds
mandatory for projects one hectare or more and shall be non-buildable area and in no case
shall it be less than 100asqm.

Table 1. Parks and Playgrounds Allocation

b.2 Community Facilities


Mandatory provision of areas for community facilities, such as neighbourhood multi-purpose
center both for open market and medium cost housing projects with area 1 hectare and above.
These areas are non-saleable.additional areas may be provided for community facilities such as
schools and commercial/retail centers which shall be deemed saleable.

Table 2. Facilities According to the Number of Saleable Lots/ Dwelling Units for Subdivision Projects I 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 Syste

b.3.1 Hierarchy of Roads

Table 3. Hierarchy of Roads

b.3.2 Road Right-of-Way (ROW)


Table 4. Road Right-of-Way

b.3.3 Planting Strips


Table 5. Width of Planting Strips and Sidewalks
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 150mm and a min. compressive
strength of 20.7 Mpa while asphalt shall have a min.thickness of 50mm. Sidewalk pavement shall have a
min. compressive strength of 17.2 mpa.

2. Lot requirements
A. Minimum Lot Area The minimum lot area for various type.

Table 6. Minimum Lot Are

b. Lot Frontage
Table 7. Minimum Lot Frontage

3. Length of Block
Maximum length of block shall be 400 meters, however, blocks exceeding 250 meters shall be provided with an
alley approximately at mid-length.
4. Shelter Component
a Minimum floor area for open market housing shall be 42 square meters and 30 square meters for
medium cost housing.
b. Minimum level of completion - complete house for all types of dwelling units based on the
submitted specifications.
c.
5. Yard/Setback
The minimum setback of dwelling units both for open market and medium cost housing projects shall
conform to the nbcp.

6. Water Supply System


The Average Daily Demand (ADD) for both open market and medium cost housing projects is
150 liters per capita per day household connection.

7. Electrical power supply


street lighting per pole is mandatory at 50-meter distance and every other pole if distance is less
than 50 meters.

8. Sewage Disposal System

9. Drainage System

10. Garbage Disposal System

Section 2. Design Standards and Guidelines for Residential Condominium Projects

A. Site Criteria
Condominium projects shall conform to the minimum building requirements, lot
occupancy, open spaces, parking and other requirements of the nbcp.

B. Planning Consideration
1. Area Planning
No development shall be allowed within the 5-meter mandatory easement on both sides of fault
traces as may be identified by PHIVOLCS.

2. Site Preservation/Alteration
trees with a caliper diameter of 200 millimeters or more, as well as shrubs and desirable ground cover shall be
preserved in accordance with the implementing rules and regulations of DENR. Where 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. Design parameters
1. Space location
Space allocations shall provide areas for living, dining, kitchen, sleeping, toilet and bath, laundry/ drying area
and storage - the minimum sizes of which shall be in accordance with the requirements of the National Building
Code of the Philippines and its Implementing Rules and Regulations/referral codes.
a. Parks/Playground and/or Other Recreational Areas
SHALL BE REQUIRED FOR:
Projects with a gross saleable area of 1.000SQM OR Projects with ten (10) or more
condominium units. Except when the condominium is part of a subdivision project or a park/playground not
more than or 800M AWAY FGROM IT.

The minimum area for a single park/playground shall be 50 SQM. Increments of 3.00 square meters
for every additional family dwelling type in excess of 10 units shall be added.

B. Parking Space Requirement

b.1 For Residential AND COMMERCIAL Condominium Units


REFER TO NBCP BUT OFF-STE PARKING MAY BE REQUIRED FOR COMMECIAL PROVIDED
THAT THE Off-site parking shall not be located 200 meters away from condominium project.

c. Access Roads
Minimum roads or right-of-way shall be 8M, 6M shall be the carriageway and the
remaining 2M shall be developed as sidewalk/planting strip. Pathwalk SHALL HAVE
minimum width of 1.2 M.

2. Floor Area Requirements

` a. Single-Occupancy Unit
mIN floor area of 18 sqm, BUT a floor area of 12 sqm may be allowed provided that
These are intended for students, employees, workers and shaLL BE IN HIGHLY URBANIZED
AREA.

b. Family Dwelling Unit


Min. floor area of family condominium units shall be 36 sqM and
22 sqM foR open market and medium cost condominium project respectively.

Section 3. Conversion of Existing Structures to Condominium Projects .


Existing structures may be converted into condominium projects upon proper application there for with the
Board and compliance with the requirements of condominium laws and These rules and standards.

Section 4. Variances
design standards and requirements may be modified by the Board in cases of large scale government and private
residential subdivision or condominium projects, housing in areas for priority development or urban land
reform zones, resettlement or social housing projects for low income groups, or housing projects financed by
any government financing institution, or in cases where strict observance hereof will cause extreme hardship to
the subdivision or condominium owner/developer.

RULE II: APPROVAL OF SUBDIVISION PLAN

Section 5. 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 Board or the local
government unit.

A. For Optional Application for Preliminary Subdivision Development Plan


 At least 2 sets of Site Development Plan (Schematic Plan0
 One (1) set of the following documents duly signed and sealed by a licensed geodetic engineer:
- Vicinity map, TOPOGRAPHIC PLAN, Survey Plan of the lot as described in TCT.

 At least 2 copies of Certified True Copy of Title(s) and Current Tax Receipt
 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.

RULE III: APPROVAL OF CONDOMINIUM PLAN

Section 6. Application for Approval of Condominium Plan


Any registered owner or developer of a parcel of land who wishes to develop the same into a condominium
project shall apply with the Board by filing the following:
A. At least 2 sets of Condominium Plan:
SITE DEVELOPMENT PLAN, FLOOR PLANS, AND SECTIONS/ELEVATIONS

B. At least 2 copies of vicinity map

C. Building specifications and estimated cost.

D. Zoning Certificate from HLURB Regional Office

E. Certified true copy of DAR conversion order.

F. Certified true copy of Environmental Clearance Certificate (ECC) or Certificate of Non-


coverage (CNC) duly issued by the DENR, whichever is applicable.

G. Certified true copy of title(s) and current tax receipt.

H. Right to use or deed of sale of right-of-way for access road and other utilities when applicable.

If the establishment of the condominium 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 condominium plan 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
issuance if no physical development is introduced.
RULE IV: REGISTRATION AND LICENSING OF SUBDIVISION AND CONDOMINIUM
PROJECTS

Section 7. Application for Registration


Common Requirements:
`1. Sworn Registration Statement

2. Certified True Copy of Transfer Certificate of Title (TCT) or `Original Certificate Of


Title (OCT)

3. Duly audited balance sheet (certified copy of the original) issued and signed by the authorized
official of the applicant and under the latter's authority.

4. Articles of Incorporation (or of Partnership or Association), indicating the authority of the


applicant to engage in real estate trade particularly in the development and selling of lots or units.

5. A copy of any circular, prospectus, brochure, advertisement, or communication used/to be used for
public offering of subject project and for circulation upon approval by the Board.

6. Sample copy of Contract to Sell to be used in the public offering of lots, units or lots and units.

7. Certified true copy of Environmental Compliance Certificate (ECC)/Certificate of Non-coverage


(CNC).

8. Zoning Certificate from HLURB Regional OfficE.

9. Certified true copy of DAR conversion order

Section 8. Application for License to Sell


The owner or the real estate dealer interested in the sale of tots or units in a subdivision or condominium
project shall apply with the Board for a License to Sell

Section 9. Notice of Publication


Upon evaluation of the completeness and veracity of the documents submitted, the Board shall cause the
publication, at the expense of the applicant, a notice of pending application for Certificate of Registration in
two (2) newspapers of general circulation, one published in English and another in Pilipino, once a week for
two consecutive weeks

Failure to publish the notice of filing of registration statement within two weeks from receipt of notice to
publish issued by the Board, the
owner/developer shall be required to re-file the application for Certificate of Registration.

Section 10. Certificate of Registration


After five days from the completion of the publication and upon submission of the affidavit of publications
executed by the publisher, and an affidavit attesting to the posting of the billboard notice on the site, the Board
shall issue a Certificate of Registration upon payment of the prescribed fees.
Section 11. License to Sell
No owner or dealer shall sell any disposable subdivision lot or condominium unit in the registered project
without a license to sell issued by the Board within two weeks from the registration of each project

Section 12. 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.

RULE V: REGISTRATION OF REAL ESTATE DEALERS, BROKERS AND SALESMEN

Section 13. Application for Registration of Brokers and Salesmen


No broker or salesman shall engage in the business of selling subdivision lots or condominium units without
securing a certificate of registration by filing with the Board a registration statement in quadruplicate.

Section 14. Certificate of Registration


The certificate of registration for brokers and salesmen shall expire on the first day of December of each year
Renewal of registration for the succeeding year shall be granted upon filing an application made not less than
30 or more than 60 days before the first day of the ensuing year and upon payment of the prescribed fee without
the necessity of filing further statements or information, unless specified by the Board.

Section 15. Bonds


The Bond required under Section 6 of the Decree may be either a cash or a surety bond issued by a duly
accredited bonding company whether private or government agency. The amount of the bond shall be P5, 000
for Dealers/Brokers and P1, 000 for Salesmen. These bonds shall no longer be required if equivalent bonds or
securities have already been posted by applicants for the same purpose with other government agencies
pursuant to law.

RULE VI: MISCELLANEOUS PROVISIONS

Section 16. Definition of Terms

a. Board or HLURB - shall mean the Housing and Land Use Regulatory Board.

b. Block- a parcel of land bounded on the sides by streets or alleys or pathways or other natural or man-made features,
and occupied by or intended for buildings.
All lands fronting on one side of a street between the nearest streets,
intersecting, meeting or crossing the aforesaid street.

c. Commercial Condominium - a building, or group of buildings, used for office, businesses, professional services and
other commercial enterprise organized, owned and maintained as a condominium.

d. Common Areas - means the entire project excepting all units separately granted, held or reserved.
e. Community Facilities - facilities or structures intended to serve common needs and for the benefit of the community
such as schools, places of worship, hospitals, health centers, barangay centers and other similar facilities/amenities.

f. Condominium shall mean an interest in real property consisting of a separate interest in a unit in a residential,
industrial or commercial building and an undivided interest in common directly or indirectly, in the land on which it is
located and in other common areas of the building. A condominium may include, in addition, a separate interest in
other portions of such real property. Title to the common areas, including the
land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose in which
the holders of separate interests shall automatically be members or shareholders, to the exclusive of others, in
proportion to the appurtenant interest of their respective units in the common areas.

A building in which each individual unit is held in separate private ownership and all floor space, facilities and outdoor
areas used in common by all tenants are owned, administered and maintained by a corporation created pursuant to the
provisions of the appropriate statute. An individual dwelling unit under individual ownership in a multiple units
development with common elements in which:
a. The units comprise not only the space enclosed by the unit boundaries, but all material parts of the land
within the space;=

b. The common element means all the property within the development except the units;

c. The common element is owned by all of the owners as tenants in common. A building or group of
buildings, in which units are owned individually, and the structure, common areas and facilities are owned by the
owners on a proportional undivided basis.

g. Condominium Project means the entire parcel of real property divided or to be divided in condominium, including
all structures thereon.

h. Condominium Unit - means a part of the condominium project intended for any type of independent use or
ownership, including one or more floors (or part or parts of floors) in a building or buildings and such accessories as
may be appended thereto.

i. Dealer - shall mean any person directly engaged as principal in the business of buying, selling or exchanging real
estate whether on full time or part-time basis. A bulk buyer shall mean any person who acquires a lot or a portion of the
subdivision and who, with or without re-subdividing or introducing housing or other facilities, sells the same, under its
previous license to sell or in a new license to sell in his name to the public.

j. Decree - shall mean Presidential Decree No. 957 otherwise known as The
Subdivision and Condominium Buyer's Protective Decree.

k. Dwelling Unit structure designed or used as residence.

Dwelling Types:

1. Single Detached - a dwelling unit completely surrounded by yards.


2. Single Attached - a dwelling unit with one side attached to a firewall.
3. Duplex - a dwelling unit containing 2 separate living units each of which is separated from another by a
firewall and provided with independent access.
4. Rowhouse dwelling units containing 3 or more living units designed in such a way that they a but each
other and are separated from each other by a firewall each unit provided with independent access.

l. Firewall - any wall which subdivides a building so as to resist the spread of fire, by starting at the foundation and
extending continuously through all storeys to, or above the roof.

m. Frontage - the side of a lot which abuts a street.

n. Living Unit -a dwelling, or portion thereof, providing complete living facilities for one family, including provisions
for living, sleeping, cooking, eating, bathing and toilet facilities and laundry facilities, the same as a single-family
dwelling.

o. Lot - portion of a subdivision or any parcel of land intended as a unit for transfer or ownership for building
development.

Types of Lots.
Lots shall be defined as follows:
1. corner lot - a lot situated at the intersection of two or more streets.

2. regular lot - a lot fronting on one street and the remaining sides bounded by lot lines.

3. interior lot - a lot located at the inner portion of a block with a minimum of threemeter wide access which
forms part of the lot.
3. through lot - a lot bounded on two opposite sides by roads.

5. irregular lot - any lot which is not rectangle nor square-shaped

p. Medium Cost and Open Market refers to housing projects where prices of house and lot packages are within the
suggested price ranges as determined through HUDCC resolution and falling under the standards prescribed in these
rules.

q. Open Space - shall refer to 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.

r. Project - means the entire parcel of real property divided or to be divided in condominiums, including all structures
thereon.
Section 17. Submission of Semestral Reports on Operations
Every owner or dealer of a registered subdivision or condominium project shall submit to the Board semi-
annual reports on operations showing the sales status indicating therein name of buyer, lot/block no., TCT no.,
date of purchase, name of mortgagee, mode of acquisition, extent /development status, changes in corporate
officers and their addresses within 60 days after the end of each semester. Copies of corporate reports to the
Securities and Exchange Commission shall also be furnished to the Board.

Section 18. Display of Certificate of Registration and License to Sell


The Certificate of Registration and License to Sell issued by the Board shall be displayed in a conspicuous
place in the principal office of the owner, dealer, broker or salesman.

Section 19. Lost or Destroyed Certificate of Registration or License


a duplicate copy may be issued by the Board after satisfactory proof of such loss or destruction, and payment of
the prescribed fee.

Section 20. Advertisement


All advertisements for the sale of subdivision lots and condominium units shall be declared and approved by the
Board.

Section 21. Time for Completion


Every owner or developer shall construct and provide the facilities, infrastructures, other forms of development,
including water supply and lighting facilities and as far as practicable improvements, 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 (1) year or within such other period of time as may be fixed by the
Board from the date of the issuance of license to sell for the subdivision or condominium project.Request for
extension of time to complete development of a subdivision or condominium project may be granted only in
cases where non-completion of project is caused by fortuitous events, legal orders or such other reasons that the
board may deem fit/proper with the written notice to lot or unit buyers without prejudice to the exercise of their
rights pursuant to Section 23 of the Decree.

Section 22. Transfer of Ownership or Change of Name


Request for transfer of ownership and/or change of name may be granted only if there is a deed of absolute sale
over the subdivision and condominium project sought to be transferred and/or the name thereof changed with an
undertaking on the part of the transferee to assume full responsibility for the completion of the development

Section 23. Alteration of Plans


Request for alteration of subdivision plans may be granted if the requirements of Section 22 of the Decree are
complied with. Alteration of condominium plans shall be in accordance with Section 4 of the Condominium
Act.

Section 24. Non-forfeiture of Payments


No installment payment made by a buyer in a new or existing 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 and clearance from the Board desists from further payment due to the failure of the
owner or developer to develop the project according to the 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 interests but excluding delinquency interests with interest thereon at the legal rate.

Section 25. Registration of Conveyances


Sales or conveyances of the subdivision lots and condominium units shall be registered within 180 days from
execution thereof by the seller with the Register of Deeds of the province or city where the property is situated
pursuant to Section 17 of the Decree.

Section 26. Mortgages


Mortgage of any unit or lot by the owner or developer shall be cleared with the Board.

Section 27. Realty Tax and Other Charges


No realty tax assessment or other charges shall be imposed on a lot or unit buyer except as provided for in
Section 26 and 27 of the Decree.

Section 28. Complaints Against Owners, Developers. Dealers, Brokers and Salesmen
Complaints or proceedings against owners, developers, dealers, brokers and salesmen shall be resolved in
accordance with the Rules of Procedure to Govern the Conduct of Hearings before the Board.

Section 29. Administrative Fines


Any owner or dealer who fails to register an existing subdivision project or condominium project within the
period shall be penalized in accordance with the approved schedule of fines.

Section 30. Criminal Penalties


Any person violating any provisions of these rules shall be guilty of an offense and shall suffer the penalties.

Section 31. Identification of Lot Subject of Sale


The owner or dealer of a subdivision project shall attach to and shall form part of the sales document of any lot,
a sketch plan clearly showing the area, boundaries and dimensions of the lot in relation with the block and the
whole project, as well as the location of the project in relation with public roads and other land marks, to be
certified by a licensed geodetic engineer and signed by the seller and buyer.

Section 32. Broker/Salesman as Witness to Sales


The broker or salesman who negotiated the sale of a subdivision lot or condominium unit shall act as one of the
witnesses to the sales document with an indication of his Certificate of Registration number and renewal date.
If the sale was directly made by the owner or
dealer, that fact must be so stated in the sales document.

Section 33. Fees


The Board or the local government unit concerned shall collect fees in accordance with the schedule of fees
approved by the Board or the local government concerned.

Section 34. Applicability


These Rules shall apply only to residential subdivision and condominium projects as defined by the Decree and
related laws.

You might also like