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Review - PD 957

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PD 957

( The Subdivision & Condominium Buyers


Protective Decree )
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
LIST OF BOARD RESOLUTIONS
INCORPORATED IN THE REVISED IMPLEMENTING
RULES AND REGULATIONS FOR PD 957

1.) Board Res. No. 725, series of 2002, “Amending the


Revised Implementing Rules and Regulations for
Presidential Decree No. 957 and Batas Pambansa No.
220”.

2.) Board Res. No. 748, series of 2003, “Further Relaxing


the Requirements for the Issuance of Certificate of
Registration and License to Sell”.

3. ) Board Res. No 763, series of 2004, “Amending


Sections 9, 10 & 11 of the Revised Implementing Rules
and Regulations for PD 957”.

4.) Board Res. No. 794, series of 2006, “Amending


Provision on Signatories to Subdivision Development
Plan and Site Development Plan for Projects under PD
957 & BP 220”.
5.) Board Res. No. 812, series of 2007, “Approving the
Fastracking of the Issuance of Certificate of Registration
and License to Sell”.

6.) Board Res. No. 839, series of 2009, “Requiring


Subdivision and Condominium Owner/Developer to
Submit a Copy of the Special/Temporary Permit from the
Professional Regulations Commission and of the
Separate Permit from the Department of Labor and
Employment for Foreign Architects who Signed on Plans
Required Under the Implementing Rules and Regulations
(IRR) of PD 957 and BP 220”.

7.) Board Res. No. 830-A, series of 2009, “Amending the


Minimum Level of Development Requirement in the
Issuance of License to Sell for Subdivision and
Condominium Projects Under Board Resolution No. 830,
Series of 2008”.
REVISED RULES AND REGULATIONS IMPLEMENTING THE
SUBDIVISION AND CONDOMINIUM BUYER'S PROTECTIVE DECREE
(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 to 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 to 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 such recreational areas may be provided for,
such that, a strategically located main park area is supplemented or complemented by one
or more smaller pocket(s) or areas for recreational use. These areas must be accessible to
living units and free from any form of hazard or risk_ Said parks and playgrounds shall be
cleared and free from any debris. Parks and playgrounds as much as possible shall be at
street level.
b. Facilities and Amenities
 Areas required for subdivision facilities and amenities shall be judiciously allocated in
accordance with the provisions herein specified.
c. Density
 Density of subdivision projects shall conform to the residential densities set forth in the
zoning ordinance of the city/municipality where project is located. Where there is a
mixture of housing types within the subdivision (such as single-detached, row house,
town houses, etc.), density shall include the total number of dwelling units in multi-storey
structure plus the total number of lots intended for single and semi-detached houses.
2.Site Preservation
a. Slope
 The finished grade shall have a desired slope to allow rain water to be channeled
into street drains. Where cut and fill is necessary, an appropriate grade shall be
attained to prevent any depression in the area.
Grading and ditching shall be executed in a manner that will prevent erosion or
flooding of adjoining properties.
b. Preservation of Site Assets
 Suitable trees with a caliper diameter of 200 millimeters or more, shrubs and
desirable ground cover per Department of Environment and Natural Resources
(DENR) rules shall be preserved. Where a good quality top soil exists in the site, it
shall be banked and shall be preserved for finishing grades of yards, playgrounds,
parks and garden area.
c. Ground Cover
 Grass, shrubs, plants and other landscaping materials used for ground cover shall
be of a variety appropriate for its intended use and location. They shall be planted
so as to allow well-tended cover of the area.
3.Easements
Subdivision projects shall observe and conform to the following provisions on easements
as may be required by:

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


b. National Power Corporation (NPC), on transmission lines;
c. PHIVOLCS per Resolution No. 515, Series of 1992, on identified fault traces;
d. Other public utility companies and other entities' right-of-way;
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 path walks 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. Street 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 with 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.
The Summarized Planning and Design Standards for Open Market and
A Medium Cost Subdivision Projects is presented in Table 8.
TABLE 8. Planning and Design Standards for a Residential Subdivision
Project
Under PD 957
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

1.) Project Location Within suitable sites for housing Within suitable sites for housing
and outside potential hazard and outside potential hazard
prone and protection areas. prone and protection areas.

2.) Land Allocation for


projects 1 hectare and above.

a. Saleable area a. 70% (maximum)

b. Non-saleable area b. 30% (minimum)

Mandatory allocation for parks playground per tabulation below:

Density Percentage of (No. of Lots or Dwelling Unit Gross Area


Allocated for parks and Gross Area Allocated for playground. Per
b.1.) Area allocated for Hectare)
parks and playground for
projects 1 has. & above. 20 & below 3.5% 21-25 4.0%
26-35 5.0%
36-50 6.0%
51-65 7.0%
Above 65 9.0%
In no case shall an area allocated for parks and playgrounds be
less than 100 sqm. And the same shall be strategically located
within the subdivision.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

3.) Minimum Lot Areas

a. Single Detached 120 sqm 100 sqm


b. Duplex/Single 96 sqm 80 sqm
Attached
60 sqm 50 sqm
c. Row houses

Saleable lots designated as duplex and/or row house lots shall be


provided with housing components.
Price of saleable lots intended for single-detached units shall not
exceed 40% of the maximum selling price of house and lot
packages.

4.) Minimum Lot Frontage


4.1.) Single Detached
a. corner lot 12m
b. regular lot 10m
c. irregular lot 6m
d. interior lot 3m
8m
4.2.) Single Attached/ Duplex
4.3.) Row houses
4m
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

Maximum length of block is 400 meters, however, blocks exceeding


5.) Length of Block 250 meters shall be provided with an alley approximately at mid-
length.

6.) Roads Right of Way


Major Collector Minor Major Collector Minor
Project size range road Road road Road

2.5 has, & below 10m - 8m 10m - 8m

Above 2.5 - 5 has. 12m 10m 8m 10m - 8m

12m 10m 8m 12m 10m 8m


Above 5 - 10 has.
12m 10m 8m 12m 10m 8m
Above 10 - 15 has.
15m 12m 10m 12m 10m 8m
Above 15 - 30 has.
15m 12m 10m 15m 12m 10m
Above 30 has.

A 6.0 meter service road, both


ends connecting to a minor road,
shall be allowed for blocks not
exceeding 60 meters.
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.
Service Roads - roads which provide for the distribution of traffic among individual lots and
activity centers.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING
ROW CARRIAGEWAY ROW CARRIAGEWAY

7.) Motor 6 5 6 5
2 2 2 2
Court Alley
Alley is a 2-meter wide walkway which shall be used to break a block and to
serve both pedestrians and for emergency purposes. It shall not be used as
access to property.
Right-of-Way (ROW) of major roads shall be increased as project size
increases.
Major roads shall maintain a uniform width of road right-ofway. 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.
NOTE:
1. 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).
2. Subdivision projects abutting main public road must provide a setback of 3-
Meter deep by 5-meter in length at both sides of the subdivision entrance to
accommodate loading and unloading of passengers. (See Figure 2)
3. Subdivision projects shall have provision for future expansion where
applicable, by designating a minimum interconnecting road right-ofway of 10
meters.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

8.) Hierarchy of
Roads
per
Project Size Range
2.5 has. & below major, minor, motor court, alley major, minor, motor court, alley

Above 2.5 - 5 has. major, collector, minor, motor do –


court, alley
Above 5 -10 has.
do – major, collector, service road, minor,
motor court, alley
Above 10 -15 has. do - do –
Above 15 - 30 has. do – do –
Above 30 has. do – do –
9.) Roads
Specification
a. Planting Strip (PS)**
Sidewalk(SW)

ROW
PS SW
15m
1.3 1.2
12m
0.8 1.2
10m
0.8 1.2
8m
6m (Service Road) 0.4 0.6
Optional Optional
b. Road Pavement
Major Concrete/Asphalt Concrete/Asphalt
Minor Concrete/Asphalt Concrete/Asphalt
Motor Court Concrete/Asphalt Concrete/Asphalt
Concrete/Asphalt Concrete/Asphalt
Sidewalk
Concrete/Asphalt Concrete/Asphalt
Alley
Concrete road pavement shall have a minimum thickness of
150 millimeters and a minimum compressive strength of 20.7 MPa while
roads may either be concrete of same thickness and compressive
strength or asphalt with minimum thickness of 50 millimeters.
Sidewalk pavement shall have a minimum compressive strength of 17.2
MPa.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING
Mandatory connection to appropriate public water system,
centralized water supply system.
10.) Water Supply
Each subdivision shall have at least an operational deepwell and
pump sets with sufficient capacity to provide Average Daily Demand
(ADD) to all homeowners.

a. Minimum Water Supply 150 liters per capita per day for household connection
Requirement
b. Fire Protection Demand Provision for fire protection shall comply with the requirements of
the Fire Code of the Philippines.
Mandatory individual household connection to primary and
alternate sources of power if services are available in the locality.
11.) Electrical Power
Supply Mandatory provision of street lighting per pole if 50-meter in
distance; at every other pole, if less than 50- meter in distance.

Electric bills shall be proportionately shouldered by the users


thereof, prior to issuance of COC and turnover of open space to
LGU.

Installation practices, materials and fixtures used shall be in


accordance with the provision of the Philippine Electrical Code and
local utility company.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

Underground
12.) Drainage System
The drainage system must conform to the natural drainage
pattern of the subdivision site, and shall drain into appropriate
water bodies, public drainage system or natural outfalls.

For both open market and medium cost subdivision projects,


underground drainage system shall be properly engineered
and environmentally sound, and shall be provided with
adequate Reinforced Concrete Pipes (RCP), catch-basins,
manholes/inlets and cross drain for efficient maintenance.
Minimum drainage pipe diameter shall be 30 centimeters.

13.) Sewage Disposal System

Individual septic tank shall conform to the standards and


a. Septic Tank
design of the Sanitation Code of the Philippines (PD 856) and
its Implementing Rules and Regulations.

Whenever applicable, connection shall be made to an


b. Connection Community approved public or community sewer system subject to the
Sewer system requirements and provisions of the Sanitation code of the
Philippines and other applicable rules and regulations.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

14.)Garbage Disposal System Provide sanitary and efficient refuse collection and disposal
system whether independently or in conjunction with the local
government garbage collection and disposal services.

15.) Shelter Component

a. Minimum Floor Area

a.1 Single Detached 42 sqm 30 sqm

a.2 Duplex 42 sqm 30 sqm

a.3 Row house 42 sqm 30 sqm

In no case shall the number of row houses exceed 20 units


per block/cluster and/or be beyond 100 meters in length.
PARAMETERS OPEN MARKET HOUSING MEDUIM COST HOUSING

b. Minimum Level of
Completion complete house (Based on the submitted specifications)

b.1 Single Detached

b.2 Duplex/Semi-
Attached
Mandatory provision of firewall for duplexes/semi-attached
b.3 Row house
units and for every unit of row houses (See Figure 5)

16. Setbacks/Easements
a. Front Shall conform to the provisions of the National
b. Side Building Code of the Philippines

c. Rear
Abutments
Section 2. Design Standards and Guidelines for Residential
Condominium Projects

A. Site Criteria
 Conformity to Comprehensive Land Use Plan/Zoning Ordinance/National
Building Code

1. Residential condominium projects shall preferably be located in areas zoned as


or appropriate for residential uses.

2. Condominium projects shall likewise conform to the minimum building


requirements, lot occupancy, open spaces, parking and other requirements of the
National Building Code of the Philippines and its Implementing Rules and
Regulations.

B. Planning Consideration

1. Area Planning

a. Supplementary and supportive activities to residential use shall be allowed


provided that the privacy, order, health and safety of the residents are not
jeopardized nor threatened and that the land use plan and/or zoning ordinance of
the locality can accommodate such mixture of land uses.
b. Open spaces shall be provided within the project site pursuant to the
National Building Code of the Philippines and its Implementing Rules and
Regulations. These shall include courts, yards, setbacks, light wells, uncovered
driveways, access roads, parking spaces, buffer strips, parks and playgrounds.
Except as may hereafter be otherwise provided these spaces shall be open
from the ground to the sky. The open space shall also be allocated for basic
utilities and community facilities or common areas.

c. Easements for utilities, such as drainage system, water supply, power lines
and communication lines, shall be integrated with land circulation system.

d. Building orientation on lot shall take into account proper ventilation, sunlight
and land characteristics.

e. No development shall be allowed within the 5-meter mandatory easement on


both sides of the Marikina Valley Fault Trace and such other fault traces as may
be identified by PHIVOLCS. (Approved per Board Res. No. 515, Series of
1992)
2. Site Preservation/Alteration

a. Slope
The finished grade shall have a desired slope to allow rainwater 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, 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. 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.
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

a.1. Parks/Playground (exclusive of easements, access roads, driveways,


parking space) shall be required for:

a.1.1. Projects with a gross saleable area of 1.000 square meters:


Or

a.1.2. 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 800 meters away and in reaching it, the pedestrian will not be unduly
exposed to hazard.
a.2 The minimum area for a single park/playground shall be 50 square meters.
Increments of 3.00 square meters for every additional family dwelling type in excess
of 10 units shall be added.

a.3 Parks/playground or other recreational facilities may not be required if the


condominium is located not more than or 800 meters from a publicly accessible
park/playground/or other recreational facilities.

a.4 Parks/playground shall be properly landscaped to accommodate both active and


passive activities.

a.5 Parks/playground may be accommodated in the yard/s provided such yards are
adequate and usable as park.

a.6 Other facilities (optional) such as tennis courts, swimming pool, etc. may be
integrated with the park/playground.
b. Parking Space Requirement

b.1. For Residential Condominium Units

b.1.1. The parking slot requirement for residential condominium project snail be in
accordance with the provisions of the National Building Code of the
Philippines.

b.1.2. Off-site parking may be allowed in addition to the on-site parking provided that
the designated parking area is part of the project and provided further that the
required distance shall be in accordance with the National Building Code of the
Philippines.

b.1.3. Compliance with additional parking spaces as required by local ordinances


shall be mandatory.

b.2. For Commercial Condominium Units

b.2.1. The minimum parking slot requirement shall be in accordance with the
provisions of the National Building Code of the Philippines.

b.2.2. Off-site parking may be allowed in addition to the on-site parking provided
that the designated parking area is part of the project or the project is within the
commercial subdivision where common parking area is part of the approved
subdivision plan and provided further that parking arrangements are explicitly
indicated in the contract of sale of property to be developed. Off-site parking shall
not be located 200 meters away from condominium project.
c. Access Roads
 Roads shall serve every building, parking space, park/playground and service points
(e.g. garbage collection points). Minimum roads or right-of-way shall be 8 meters, 6
meters thereof shall be the carriageway and the remaining 2 meters shall be
developed as sidewalk/planting strip.
 Path walks shall be provided for pedestrian circulation with a minimum width of 1.2
meters.
 Construction of roads, sidewalk and path walks, shall be in accordance with the
standards of residential subdivision. Space for turnaround at dead end shall be
provided.
 Direct vehicular access to the property shall be provided by public street or alley.
 An independent means of access shall be provided to each dwelling, or group of
dwellings in a single plot. Without trespassing adjoining properties. Utilities and
service facilities- must be independent for each dwelling unit.
 An independent means of access to each living unit shall be provided without passing
through any yard of a living unit or any other yard.
c.1 Hierarchy of Roads
For horizontal condominium projects, the hierarchy of roads shall be the same as the
minimum design standard requirements for subdivision projects.
c.2 Pavement
All roads (major, minor, motor court) for both residential and commercial condominium
projects shall be paved with concrete/asphalt.
d. Basic Facilities and Services

d.1. Service Area (Laundry/Drying Area)


 Adequate laundry and drying areas shall be provided.

 Where such service areas are held in common, they shall have suitable
outdoor locations, fenced or screened and kept away from living rooms,
entrance or front yards.

d.2. Water supply, power, sewerage and drainage utilities shall conform to the
requirements of a subdivision.

d.2.1. Reservoir/Water Tank

 For multi-storey buildings


If the height of the building requires water pressure in excess of that in the main
water line, a water tank shall be provided.

 Tank shall also be required if the peak drawn should reduce the pressure on
the highest usable floor to less than 0.06 Mpa - the minimum pressure
required for satisfactory operation of fixtures, particularly those with flush
valves.

d.2.2. Capacity - 20% Average Daily Demand plus fire reserve


d.3.Mechanical Equipment and Service Areas

d.3.1. Provision of elevators shall conform to the plans and specifications


of the duly licensed 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 the components thereof are in accordance with the
National Building Code of the Philippines, the Accessibility Law and
national industry standards and other pertinent laws.

d.3.2. Compliance to the provisions of the Fire Code of the Philippines,


shall be mandatory

d.3.4. Refuse Collection/Disposal

 Centralized garbage depository area and efficient refuse collection


and disposal services shall be provided whether independently or in
conjunction with the city or municipality garbage collection and
disposal services. It shall conform to the provisions of the Sanitation
Code of the Philippines and its Implementing Rules and
Regulations/pertinent referral codes.
2. Floor Area Requirements

a. Single-Occupancy Unit
 Single occupancy units shall have a minimum floor area of 18 square meters,
however, a net floor area of 12 square meters may be allowed provided that:

a.1. These are intended for students/employees/workers and provided further


that the condominium project to which these will be integrated is within highly
urbanized areas.

a.1.2. The same shall be provided with common basic facilities such as
laundry/drying area and support amenities such as visitor's lounge and dining
area.

a.1.3. Said facilities/support amenities including all other measures that will
ensure compliance with the intended use of the unit shall be explicitly indicated
in the master deed/ contract to sell.

b. Family Dwelling Unit


 The minimum floor area of family condominium units shall be 36 square meters
and 22 square meters 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
 These design standards and requirements may be modified or varied 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

RULE III
APPROVAL OF CONDOMINIUM PLAN

Section 6. Application for Approval of Condominium Plan


RULE IV
REGISTRATION AND LICENSING OF SUBDIVISION
AND CONDOMINIUM PROJECTS

Section 7. Application for Registration


Section 8. Application for License to Sell
Section 9. Notice of Publication (Amended per Board Res. No. 763, 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, 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 (2) consecutive
weeks reciting that a 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 the papers attached thereto, are open to inspection during the 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.

 As used herein, an interval of seven (7) calendar days between the two (2) publications
shall be strictly observed.

 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 10. Certificate of Registration

 After five (5) days from the completion of the publication as provided for in Section 9,
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, in the absence of any impediment, issue a Certificate of Registration upon payment
of the prescribed fees. (per Board Res. No. 812, Series of 2007)

Section 11. License to Sell (Amended per Board Res. No. 763, Series of 2004)
 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 (2) weeks
from the registration of each project.

 Upon proper application therefore, submission of the required work program,


performance bond as provided for in Section 12 of this Rule and payment of the
prescribed license fee by the owner or dealer, 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, the 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.

Section 12. Performance Bond (Amended per Board Res. No. 763, Series of 2004)
RULE V
REGISTRATION OF REAL ESTATE DEALERS, BROKERS AND
SALESMEN

Section 13. Application for Registration of Brokers and Salesmen


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. All applications filed beyond said
period shall be treated as original applications.

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
bond shall contain a clause stating among others that it shall remain in full force and effect
unless it is ordered, cancelled or released by the Board. The bond shall be executed in favor of
the Housing and Land Use Regulatory Board conditioned upon the faithful and honest
discharge by the applicant, as well as the salesman working under a broker or dealer, of their
duties and shall further provide that upon failure to discharge those duties, the applicant shall
be liable on the bond to any and all persons who may suffer loss by reason of such failure. 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


For purposes of these rules, the following words and phrases are defined:

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. 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 per PD 1216.
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.
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.
One or more rooms that may be used as a residence, each unit having sleeping,
cooking and toilet facilities.
One or more habitable rooms designed or intended for use by 1 or more individuals
as an independent and separate housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the exclusive use of such individual or
individuals, with a private entrance from outside the building or from a common
hallway or stairway inside the building.

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. Extension above the roof is 1 millimeter.
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 three
meter (3-m) wide access which forms part of the lot.
4. 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 Marketrefers 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, as the case may be and a Xerox copy thereof in all its branches and
offices.

Section 19. Lost or Destroyed Certificate of Registration or License


Upon loss or destruction of a Certificate of Registration or License to Sell a
duplicate copy thereof may be issued by the Board after satisfactory proof of such
loss or destruction, and payment of the prescribed fee. The fact that such duplicate
has been issued shall be made of record.

Section 20. Advertisement


All advertisements for the sale of subdivision lots and condominium units shall be
declared and approved by the Board pursuant to Section 19 of the Decree.
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.
The request for extension of time for completion shall be accompanied by a revised
work program duly signed and sealed by a licensed engineer or architect with
project costing and financing scheme there for. In appropriate cases, the Board may
require the posting of additional performance bond amounting to 20% of
development cost of the unfinished portion of the approved development plan, or
issue such orders it may deem proper.
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 thereof. The requirements in Sections 7 and 13 hereof shall be
observed whenever applicable.

Such request for transfer of ownership or change of name shall be published at


applicant's expense in a newspaper of general circulation within the city or
municipality where the project is located at least once a week for two (2)
consecutive weeks.

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 as amended by Sections 1
and 2 of RA 7899.
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. Except as may otherwise be provided for by law, the
Board may in appropriate cases cause the Register of Deeds to cancel
registration, entries or annotations on titles made on this regard.

Section 26. Mortgages


Mortgage of any unit or lot by the owner or developer shall be cleared with the
Board pursuant to Section 18 of the Decree.
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 prescribed under these rules and regulations
shall be penalized in accordance with the approved schedule of fines. The
implementation and payment of these administrative fines shall not preclude
criminal prosecution of the offender under Section 39 of the Decree.

Section 30. Criminal Penalties


Any person violating any provisions of these rules shall be guilty of an offense and
shall suffer the penalties provided for under Section 39 of the Decree.

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.
Section 35. Transitory Provisions
The provisions of Rule II. Section (5) Subsection (A) (1) and Subsection (B) (2)
of these Rules to the contrary notwithstanding, and subject to further review
thereof, licensed architects who are not licensed environmental planners may in
the meantime still continue to sign site development plans/subdivision
development plans of subdivision projects, for a period of 2 years from the date
of effectivity of these Rules.
Section 36. Separability Clause
The provisions of these Rules are hereby declared separable, and in the event any
of such provisions are declared null and void, the validity of all other provisions
shall not be affected thereby.
Section 37. Effectivity
These Rules shall take effect immediately after its publication once in any
newspaper of general circulation.
1.) PD 957.

a. The Subdivision & Condominium Buyers Protective Decree


b. Civil Code
c. National Building Code
d. PRC MODERNIZATION ACT OF 2000
2.) 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.

a. Condominium Project
b. Dealer
c. Decree
d. Condominium Unit
3.) A dwelling unit completely surrounded by yards.

a. Single Attached
b. Single Detached
c. Duplex
d. Rowhouse dwelling units
4.) A lot located at the inner portion of a block with a minimum of three
meter (3-m) wide access which forms part of the lot.

a. regular lot
b. corner lot
c. interior lot
d. through lot
5.) 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.

a. Medium Cost and Open Market


b. Open Space
c. Project
d. Lot
6.) 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. Extension above the roof is .60 meter.

a. Frontage
b. Dwelling Unit
c. Single Detached
d. Firewall
7.) Minimum percentage for Saleable area.

a. 70%
b. 30%
c. 50%
d. 75%
8.) Adequate and safe means of vehicular and pedestrian circulation
and easements for utilities and planting strips, shall be provided.

a. Parks and playground


b. Walks
c. Streets
d. Firewall
9.) 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.

a. Collector Road
b. Major Road
c. Minor Road
d. Motor Courts
10.) A building, or group of buildings, used for office, businesses,
professional services and other commercial enterprise organized, owned
and maintained as a condominium.

a. Commercial Condominium
b. Block
c. Community Facilities
d. Common Areas
11.) The entire parcel of real property divided or to be divided in
condominium, including all structures .

a. Condominium
b. Block
c. Condominium Project
d. Common Areas
12.) 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.

a. Rowhouse dwelling units


b. Dwelling Unit
c. Single Detached
d. Duplex
13.) The side of a lot which abuts a street.

a. Major road
b. Firewall
c. Dwelling Unit
d. Frontage
14.) 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.

a. Collector Road
b. Minor Road
c. Minor Road
d. Motor Courts
15.) Minimum Water Supply Requirement (subdivision)

a. 150 liters per capita per day for household connection


b. 200 liters per capita per day for household connection
c. 100liters per capita per day for household connection
d. 150liters per capita per day for household connection
16.) Minimum Floor Area in open market housing (subdivision)

a. 30 sqm
b. 45 sqm
c. 35 sqm
d. 42 sqm
17.) Path walks shall be provided for pedestrian circulation with a minimum
width of ___. (condominium)

a. 1.2 m
b. 1.5 m
c. 1.0 m
d. 1.4 m
18.) The minimum floor area of units shall be 36 square meters and
22 square meters for open market and medium cost condominium
project respectively.

a. Single-Occupancy Unit
b. Dwelling
c. Couple unit
d. family condominium
19.) The parking slot requirement for residential condominium
project snail be in accordance with the provisions of the
_______________.

a. PD 1096
b. AR 8981
c. PD 957
d. BP 220
20.) 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
b. Dwelling unit
c. Subdivision
d. Apartment

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