Socialized Housing

An area principally used for dwelling/housing purposes of the underprivileged/

low- income earners
As defined under RA 7279, refers to housing programs and projects covering
houses and lots or homelots only undertaken by Government or the private sector for the
underprivileged and homeless citizens which shall include sites and services
development, long-term financing, liberalized terms or interest payments and such other
benefits in accordance with the Act.
Resources Needed for Housing
a. Land Need for Housing
Land is the most critical among the resources required for a shelter program not
only because the supply is a fixed quantity but also because a number of activities and
uses are in competition with one another for access to the same land. High income
housing is in competition with low income housing for land just as commercial and
industrial activities are in competition with housing in general. Furthermore, recent policies
of the national government stress the need to conserve production agricultural lands
specifically those that are irrigated or irrigable.
Although RA 7279 mandates the LGUs to inventory and identify lands specifically
for socialized housing, sufficient quantities of land should be identified for all income
groups not only for the present needs but also for all land needs within the planning period.
The planner has to determine the total land area needed and to match this with
available and suitable land. Scarcity of land means a higher housing density.
Land needed will be estimated for the duration of the planning period on the basis of
present design standards and number of different housing options. Minimum lot sizes or
bigger lot sizes under Batas Pambansa Blg. 220 (BP 220) or PD 957 can be used
depending on the local situation.
b. Inventory and Identification of Lands
Having estimated the total area needed for the program the next step is to identify
lands suitable for housing that is affordable to the target income groups.
c. Infrastructure Need for Housing
The UDHA mandates LGUs and NHA, in cooperation with the private developers
and concerned agencies to provide basic services and facilities (infrastructure) for
socialized housing and resettlement areas. These basic services and facilities include:
• Potable water;
• Power and electricity and an adequate power distribution system;
• Sewerage facilities and an efficient and adequate solid waste disposal system; and
• Access to primary roads and transportation facilities.
 The housing needs and affordability assessment provides the basic information needed
to estimate present and future basic services required for socialized and resettlement areas.
From the earlier
calculations of affordability, the potential demand for different housing options can be identified.
Some of these options may be unserviced or partially serviced lots. The need for LGU/NHA
interventions related to the UDHA can be worked out.
In addition, information on the income and affordability levels of those in areas requiring
upgrading will enable the identification of the degree of assistance required for the “Backlog”.
d. Finance Requirements for Housing
The calculations on the amount of assistance to be provided by the LGU for basic
services, land acquisition and other forms of assistance (e.g. technical assistance) will give the
estimate for total funds required from the LGU budget. The total value of loans required to meet
housing needs of all income groups can be calculated using the data on affordable options. By
identifying the source of these funds, the value of loans required under different government
loan programs can be assessed. This is particularly important for estimating the loan
requirements under the Community Mortgage Program (CMP) and other socialized housing
programs.

REVISED RULES AND STANDARDS FOR ECONOMIC

AND SOCIALIZED HOUSING PROJECTS TO
IMPLEMENT BATAS PAMBANSA BLG. 220
RULE II MINIMUM DESIGN STANDARDS AND REQUIREMENTS FOR
ECONOMIC AND SOCIALIZED HOUSING PROJECTS
Section 3. Compliance with 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 minimum design standards set forth herein 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.
This minimum design standards encourages the use of duly accredited indigenous materials
and technology such as innovative design and systems, modular systems and components
among others. 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
2. Movement and circulation
3. Storm drainage
 4. Solid and liquid waste disposal
5. Park/playground
6. Power
The provision of these basic needs shall be based on the actual setting within
which the project site is located.
C. Affordability levels of target market
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 (RA 7279)
D. Location
Both economic and socialized housing projects shall be located within suitable
site for housing and outside potential hazard prone and protection areas.
Section 5. Technical Guidelines and Standards for Subdivisions
In determining whether an economic and socialized housing shall be allowed, the
following guidelines shall be considered.
A. Site Criteria
1. Availability of basic needs
The prioritized basic needs cited earlier shall preferably be available with
reasonable distance from the project site, but where these are not available, the
same shall be provided for by the developer.
2. Conformity with the Zoning Ordinance or Land Use Plan of the
City/Municipality
Generally, housing projects should conform with the zoning ordinance of
the city/municipality where they are located, thus, shall be in suitable sites for
housing. However, where there is no zoning ordinance or land use plan, the
predominant land use principle and site suitability factors cited herein shall be
used in determining suitability of a project to a site.
Furthermore, if the project is undoubtedly supportive of other land uses
and activities (e.g., housing for industrial workers) said project shall be allowed.
3. Physical Suitability
A potential site must have characteristics assuring healthful, safe and
environmentally sound community life. It shall be stable enough to
accommodate foundation load without excessive site works. Critical areas (e.g.,
areas subject to flooding, land slides and stress) must be avoided.
4. Accessibility
The site must be served by a road that is readily accessible to public
transportation lines. Said access road shall conform to the standards set herein
of these Rules to accommodate expected demand caused by the development
of the area. In no case shall a subdivision project be approved without
necessary access road/right-of-way constructed either by the developer or the
Local Government Unit.
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 possible future
 improvement or expansion, as in the prescription of lot sizes, right-of-way of
roads, open space, allocation of areas for common uses and facilities.
Land allocation and alignment of the various utilities (roads, drainage,
power and water) of the subdivision shall be integrated with those of existing
networks as well as projects outside the boundaries of the project site, e.g.
access roads set forth herein and should follow the standard specifications of
the Department of Public Works and Highways (DPWH).
2. Site Preservation/Alteration
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 shall be preserved. Where a good
quality top soil exists in the site, it shall not be removed 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 variety appropriate for its intended use and
location. They shall be so planted as to allow complete and permanent
cover of the area.
3. Easements
Subdivision projects shall observe and conform to the provisions of
easements as may be required by:
a. Chapter IV, Section 51 of the Water Code of the Philippines on water
bodies
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.
f. Other related laws.
4. Circulation
a. 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 subdivisions as one integrated
unit.
b. Roads complemented with pathwalk within the subdivision must be so
aligned to facilitate movement within and in linking the subdivision to the
nearest major transportation route and adjacent property.
 Whenever there is/are existing roads within the project site which shall be
made part of the subdivision, these shall be improved in accordance with
the standards set forth herein.
c. Streets should conform to the contours of the land as much as
practicable.
d. Provisions of major street extension for future connection to adjoining
developed and/or underdeveloped properties shall be mandatory and
integrated or aligned with existing ones, if any.
e. Streets shall be so laid out to minimize critical intersections such as blind
corners, skew junctions, etc.
f. Roads shall conform with civil work design criteria as per Section 10.B.3
of this rules and sound engineering practices.
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
Non-saleable areas shall conform with the minimum requirements for
open space comprising those allotted for circulation system, community
facilities and parks and playgrounds.
b.1 Allocation of Area for Parks and Playgrounds
Area allocated for parks and playgrounds shall be mandatory for projects
1 hectare or above and shall be strategically located within the subdivision
project.
Allocated areas 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 and shall vary
according to the density of lots and/or dwelling units in the subdivision,
whichever is applicable, as shown below:

Table 1: Parks and Playgrounds Allocation

 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.
The site shall not be subject to flooding nor situated in steep slopes. Sites
potentially hazardous or dangerous to the health and safety of users
especially children, should be avoided, e.g., along rivers, near dumping site,
etc.
Location of parks shall be based on hierarchy, accessibility and shall be
free from hazards, risks, barriers, etc.
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. However, the developer may
provide for areas for community facilities such as schools and
convenience/retail centers in excess of the requirement set forth in this Rule
which shall be deemed saleable. The use of the said area shall be indicated
in the plan and annotated in the title thereto. (Refer to Table 2)

Table 2: Facilities According to the Number of Saleable Lots/ Dwelling Units for
Subdivision Projects 1 Hectare and Above

Community facilities shall be strategically located and easily accessible

where they can serve a maximum number of population, preferably near or
side by side by park/playground.
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

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.
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

Hierarchy of roads (with respect to function, dimensions and project area)

shall be observed when planning the road network such that no major or
minor road align with an alley or pathwalk.
 Table 4: Hierarchy of Roads

b.3.2 Road Right-Of-Way

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)

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

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
Planting strips as required under PD 953 and its Implementing Rules and
Regulations shall be observed in accordance with the following road
specifications:

Table 6: Width of Planting Strips and Sidewalks

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
 Major, minor roads and motor court for economic and socialized housing
projects shall be paved with asphalt with minimum thickness of 50
millimeters or concrete with minimum thickness of 150 millimeters 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.
Road intersections shall be provided with adequate curb radii consistent
with sound engineering principles. (See Figure 3: Curb Radii Dimension)
 Figure 3: Curb Radii Dimension

b.3.6 Road Grade/Slope

Crown of the roads shall have a slope of not less than 1.5 to 9 percent.
(See Figure 4: Road Grade Slope)
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 Requirement
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.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.
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 midlength.
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.

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 turn over of open space to Local
Government Unit (LGU).
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. Fire Firefighting
The Homeowners Association shall form fire brigade in collaboration with the
barangay fire brigade. Water for fire fighting 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.
Table 9: PLANNING AND DESIGN STANDARDS FOR A RESIDENTIAL
SUBDIVISION PROJECT UNDER BP 220
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.
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 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

c. Openings
1) Doors
1. 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.
2. 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.
 3. 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
1. 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.
2. Bathrooms shall be provided with window/s with an area not less than 1/20 of its
floor area.
3. 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.
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.
1. Width. Stairways shall have a minimum clear width of 0.60 meter.
2. 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.
3. 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.
4. ) 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.
5. 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.
6. 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.

Fig. 8: Stairway Design

7. 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 milimeters at any point. The maximum
variation in the height of risers and the width of treads in any one flight shall be
5 milimeters. (See Fig. 9: Winding and Circular Stairways)
 Fig. 9 : Winding and Circular Stairways

8. 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 (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

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.
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

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

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
 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 (Annex 1).
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 over all 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.
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 IV 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 in accordance with these
Rules
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.
a. . When project covers more than 20 individual titles without the required marks
described above, the following shall be submitted:
 1) Photocopy of TCTs
2) Certification from the Register of Deeds concerned with its seal or security
mark giving the following information:
a) TCT or OCT numbers;
b) Name of all registered owner(s) and their sharing, if any;
c) Area covered by each title;
d) Number of OCT or TCT from which the title is derived;
e) Statement of all uncancelled liens and encumbrances, if any;
f) Lot and block numbers as well as PSD, PSU, PCS, or other relevant
numbers
b. When certified copy of the TCT was issued more than one month prior to
application for Certificate of Registration (CR), affidavit of the owner that the
property is free from liens and encumbrances. When the applicant is not the
owner, deed from the registered owner showing clearly the authority of the
applicant to the property, its development and sale of individual lots or units; to
sign and receive documents; and other relevant authority. Provided, however,
that in case the subdivision project or portion thereof is mortgaged, affidavit of
undertaking to submit title; certification from the mortgagee regarding outstanding
balance of loan and amortization schedule; mortgage of contract; and affidavit of
undertaking of mortgagor.
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.
When an applicant deviates from the intended line of business stipulated in its
articles of incorporation (or partnership or association), authorization from the
Securities and Exchange Commission (SEC) and/or the appropriate government
agency to engage in the development and selling of the subject project.
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 (DENR).
8. Zoning Certification from HLURB Regional Office
9. Certified true copy of DAR Conversion Order. (In cases where the property involved
is located in an area already classified as residential, commercial, industrial or other
similar development purposes as provided in CLUPs approved pursuant to EO 72,
Series of 1993, a DAR Conversion Order shall no longer be required as a
precondition for issuance of Certificate of Registration and License to Sell).
(Amended per Board Res. No. 748, Series of 2003)
 10. Electrical plan and specifications duly signed and sealed by a licensed professional
electrical engineer and duly approved by the local franchise holder as appropriate.
11. Permit to operate a deepwell and subsequent submission of confirmed water
resistivity test from the National Water Resources Board (NWRB). Water potability
test results from concerned government agencies.
B. 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 issuances:
1) Sangguniang Resolution/Ordinance granting of Development Permit/Subdivision
Development Plan containing the following information:
a) Full name of the grantee or permittee and his address;
b) Complete project name and its location;
c) Date of the resolution or ordinance;
d) Project area;
e) Full listing of title(s) covering the project;
f) Legal basis of the approval (PD 957, BP 220, EO 648 and other related laws)
2) Certified true copy of resolution conferring authority to the mayor or other local
government official to issue development permit in cases where the same was not
granted by the Sangguniang Pambayan/Panglunsod.

Evidences of approval by the local government of the subdivision scheme must be

any original copy or one certified as true copy thereof by the authorized local
government official, indicating clearly his full name and position and the date of
approval. It must contain the same data as above described. Most important of all,
it must bear an indication of Sanggunian approval such as but not limited to words
like: “approved by authority of the Sanggunian” or others of similar import, it being
understood that the Sangguniang Bayan/Panglungsod has properly issued such
authority.
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) in any of
the following manner:
a) Development Permit of socialized housing projects within the main
subdivision.
b) License to Sell of socialized housing project offered as compliance if location
of compliance is not within the main subdivision project.
c) Joint venture agreement with LGU or other housing agencies
d) Certified true copy of bond issued by the LGU where the main project is
located or by any of the housing agencies.
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 to perform the following:
a. Segregation of the individual titles for all lots or units within the project;
b. Submission of proof that titles to the saleable lots or units have been issued, which
proof may include a certification from concerned Register of Deeds indicating the
lots/blocks or units or data similar to those required under the requirement for
Certificate of Registration only when required by the Board.
c. Submission of a certified true copy of title of the common areas/open space, which
title shall expressly indicate the kind of common use approved therefor, on or before
a definite date (to be specified by applicant subject to approval by the Board).
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 (Per Board Res. No. R-764,Series of 2004)
Upon evaluation of the completeness and veracity of the documents submitted, the
Board shall cause the publication at the expense of the applicant, of a notice on application for
Certificate of Registration in one newspaper of general circulation, in English or in Pilipino,
reciting therein that an application for registration statement for the sale of subdivision lots and
condominium units has been filed with the Board; and that the aforesaid application, as well as
documents attached thereto, are open to inspection during business hours by interested parties.
In addition, a 3’ x 6’ billboard notice of the project shall be posted on the project site until the
issuance of the license to sell.
Failure to publish the notice of filing of registration statement within two (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 (Per Board Res. No. R-764,Series of 2004)
After five (5) days(Per Board Res. No. 812, Series of 2007) 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.” (Per Board
Res. No. 812, Series of 2007).
Section 17. License to Sell (Per Board Res. No. R-764,Series of 2004)
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.
Upon proper application therefore, submission of the required work program,
performance bond and payment of the prescribed license fee by the owner or developer, the
Board shall issue a license to sell the lot or unit in the project or portion thereof covered by the
performance bond, provided that submitted registration statement and other pertinent
documentary requirements can establish that the proposed sale of the subdivision lot or
condominium unit to the public is not fraudulent.
The Performance Bond required may be in any of the following forms or a combination
thereof:

A. A surety bond callable upon demand amounting to 10% of the development cost of the
unfinished portion of the approved plan issued by a duly accredited bonding company
(whether private or government) and acceptable to the Board; or
B. Real estate mortgage to be executed by the applicant as mortgagor in favor of the
Republic of the Philippines as mortgagee, the latter as represented by and acting
through the HLURB, over a property other than that subject of the application, free from
any liens and encumbrance and provided, that the value of the property, computed on
the basis of the zonal valuation schedule of the Bureau of Internal Revenue, shall be at
least 10% of the total development cost; or
C. Other forms of security equivalent to 5% of the development cost of the unfinished
portion of the approved plan which may be in the form of the following:
1. Cash Bond;
2. Fiduciary deposit made with the cashier and/or disbursing officer of the Board;
3. A certificate of guaranty deposit issued by any bank or financing institution of good
standing in favor of the Board for the total development cost;
4. . A letter from any bank of recognized standing certifying that so much has been set
aside from the bank account of the applicant in favor of the Board which amount may
be withdrawn by the Chief Executive Officer of the Board or by his duly authorized
representative, at any time the principal fails or refuses to comply with his duties and
obligations under the bond contract;
5. Any irrevocable credit line to be utilized in the development of the project from any
bank of recognized standing and a refinancing restructuring program indicating
sources of funding from duly accredited funding institutions.
Section 18. Monitoring of Project
The Board shall have the power to monitor projects granted Development Approval and
License to Sell under these Rules to ensure faithful compliance with the terms, standards and
conditions thereof. 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.

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;

(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;

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
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.

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. 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.

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. 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.
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. 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 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. 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
costefficient 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.

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.

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
decisionmaking 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.
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).