Philippine Real Estate Development Regulations: Subdivision and Condominium Projects, Study notes of Business Statistics

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REVISED IMPLEMENTING

RULES AND REGULATIONS

FOR PD 957

A JOINT PROJECT OF THE RULES AND STANDARDS

DEVELOPMENT GROUP AND THE TECHNICAL WORKING

GROUP ON THE REVISION OF THE IRR

2009 EDITION

TABLE OF CONTENTS

TITLE PAGE

RULE I. MINIMUM DESIGN STANDARDS

Section 1. Design Standards and Guidelines for Residential Subdivision 1 Projects Section 2. Design Standards and Guidelines for Residential Condominium 24 Projects Section 3. Conversion of Existing Structures to Condominium Projects 29 Section 4. Variances 29

RULE II. APPROVAL OF SUBDIVISION PLAN

Section 5. Application for Approval of Subdivision Development Plan 30

RULE III. APPROVAL OF CONDOMINIUM PLAN

Section 6. Application for Approval of Condominium Plan 34

RULE IV. REGISTRATION AND LICENSING OF SUBDIVISION AND CONDOMINIUM PROJECT

Section 7. Application for Registration 36 Section 8. Application for License to Sell 0 Section 9. Notice of Publication 40 Section 10. Certificate of Registration 41 Section 11. License to Sell 41 Section 12. Performance Bond 41

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

Section 13. Application for Registration of Brokers and Salesmen 42 Section 14. Certificate of Registration 42 Section 15. Bonds 43

TITLE PAGE

REVISED RULES AND REGULATIONS IMPLEMENTING THE SUBDIVISION

AND CONDOMINIUMBUYER'SPROTECTIVEDECREE (PD 957) AND OTHER

RELATED LAWS

Pursuant to Article IV Section 5 c) of Executive Order No. 648 the following rules are hereby promulgated by the Housing and Land Use Regulatory Board (HLURB) to implement Presidential Decree Nos. 957, 1216, 1344 and other related laws applicable to open market and medium cost subdivision and condominium projects.

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.

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:

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. Where applicable, a hierarchy of

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;

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.

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:

b.1 Parks/Playgrounds

Allocation of area for parks and playgrounds shall be mandatory for projects one (1) hectare or more and shall be deemed non-buildable 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

DENSITY (No. of Lots/Dwelling Unit Per Hectare)

PARKS/PLAYGROUNDS

Allocation in Percent of Gross Area (%)

20 and below 21 — 25 26 — 35 36 — 50 51 — 65 Above 65

b.3 Circulation System

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 3. Hierarchy of Roads

Project Size Range (Has.) Open Market Medium Cost

2.5 & below

Above 2.5 – 5

Above 5 – 10

Above 10 – 15

Above 15 – 30

Above 30

major, minor, motor court, alley

major, collector, minor, motor court, alley

• do-
• do-
• do-
• do-

major, minor, motor court, alley

• do-

major, collector, minor, motor court, alley

• do-
• do-
  • do-

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.

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

The corresponding right-of-way for hierarchy of roads shall be as follows:

Table 4. Road Right-of-Way

Project Size (Hectares)

Right – Of – Way (ROW) (Meters) Open Market Medium Cost

2.5 & below Above 2.5 – 5 Above 5 – 10 Above 10 – 15 Above 15 – 30 Above 30

Motor Court Alley

Major Collector Minor Major Collector Minor 10 - 8 10 - 8 12 10 8 10 - 8 12 10 8 12 10 8 12 10 8 12 10 8 15 12 10 12 10 8 15 12 10 15 12 10 ROW Carriageway ROW Carriageway 6 5 6 5 2 2 2 2

Note: a 6-m service road, both ends connecting to a minor road, shall be allowed for blocks not exceeding 60 meters.

a) 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 2.5the proposed su2.5vision.

b) 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 said road lot and must be donated and deemed turned over to the LGU upon completion of the said interconnecting road. (See Figure 1)

d) 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 5. Width of Planting Strips and Sidewalks

Road Width (m)

Open Market Planting Strip Sidewalk (m.) (m)

Medium Cost Planting Strip Sidewalk (m.) (m)

6.00 (Service Road)

optional

optional

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)

b. Minimum Lot Area The minimum lot area for various types of housing under open market and medium cost housing project shall be as follows:

Table 6. Minimum Lot Area

TYPES OF HOUSING OPEN MARKET (Sqm.)

MEDIUM COST

(Sqm.)

a. Single Detached b. Duplex/Single Attached c. Rowhouse

Saleable lots designated as duplex/single attached and/or rowhouse lots shall be provided with housing units.

Price of saleable lots intended for single-detached units shall not exceed 40 percent of the maximum selling price of house and lot packages.

c. Lot Design

c.1 Saleable lots shall be designed such that they are not bisected by political boundaries, water courses, drainage ways and utility lines.

c.2 A lot shall be served by an independent access road.

c.3 Whenever possible, lot frontage elevation shall be at street level.

c.4 Lot lines shall preferably be made perpendicular to street lines.

c.5 Deep lots and irregularly shaped lots shall be avoided.

c.6 Lots shall be planned with adequate width for side yards.

c.7 Lots shall be protected against risks.

c.8 Lots shall not be laid out if potential risks exist e.g. erosion, slides, flooding, fault lines, etc.

d. Lot Frontage

The minimum lot frontages for various types of housing under open market and medium cost housing projects shall be as follows:

Table 7. Minimum Lot Frontage

TYPES OF HOUSING/LOT FRONTAGE (m.)

1. Single Detached a. Corner Lot b. Regular Lot c. Irregular Lot d. Interior Lot
2. Duplex/Single Attached
3. Rowhouse

The number of rowhouses shall not exceed 20 units per block/cluster but in no case shall this be beyond 100 meters in length.

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.

Provision of firewall shall be in conformity with the Fire Code of the Philippines and mandatory for duplexes/single attached units and every unit for rowhouses (refer to Fig. 5).