BP 220
BP 220
BP 220
(PROFESSIONAL PRACTICE 1 )
BP 220
RESEARCH WORK NO.9
PAGE
22
Section 7. Variances/Exemptions
37
i
Section 8. Approval Required
37
Section 9. Approval of Proposed Residential Houses
of
37
Average and Low-Income Earners
41
Section 12. Survey and Approval of Subdivision Plan
41
42
Section 14. Application for License to Sell
45
Section 15. Notice of Publication
46
ii
Section 16. Certificate of Registration
46
Section 17. License to Sell
46
Section 18. Monitoring of Project
47
48
48
Section 20. Conformance to the Requirements of
Other
50
Pertinent Laws, Rules and Regulations
Section 21 . Non-Development
51
Section 22. Organization and Registration of
Homeowners
51
Section 23. Donation of Roads, Open Spaces and
Water Supply 51
Section 25. Separability Clause
51
Section 26. Effectivity
51
List of Tables
iii
Table 1 Parks and Playground Allocation 5
Table 2 Required Facilities According to the No. of Saleable Lots 6
Table 3 Community facilities Allocation 6
Table 4 Hierarchy of Roads 7
Table 5 Right-of-Way 8
Table 6 Width of Planting Strips and Sidewalks 10
Table 7 Minimum Lot Area 13
Table 8 Minimum Lot Frontage 13
Table 9 Planning Design Standards 17
Table 10 Private Open Space Requirement 23
Table 11 Minimum Setback per Storey 30
List of Figures
Annexes
iv
Annex 3 Registration Statement 62
HLURB Form No. 001
v
REVISED RULES AND STANDARDS FOR ECONOMIC AND
SOCIALIZED HOUSING PROJECTS TO IMPLEMENT BATAS
PAMBANSA BLG. 220
Pursuant to Section 3 of BP 220, the Housing and Land Use Regulatory Board is
authorized to establish and promulgate two levels of standards and technical
requirements for the development of economic and socialized housing projects/units
in urban and rural areas from those provided in PD 957, PD 1216, PD 1096, and PD
1185, hence the following rules are hereby promulgated.
These rules and standards shall apply to the development of economic and
socialized housing projects in urban and rural areas as defined in Section 2 of BP
Blg. 220. They shall apply to the development of either a house and lot or a house
or lot only.
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:
1
A. Protection and safety of life, limb, property and general public welfare.
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.
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
A. Site Criteria
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.
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.
2
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
4. Accessibility
B. Planning Considerations
1. Area Planning
Project design should consider not only the reduction of cost of development to a
minimum but also the provision for 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.
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
4. Circulation
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.
4
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.
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.
Area allocated for parks and playgrounds shall be mandatory for projects 1
hectare or above and shall be strategically located within the subdivision
project.
5
Above 225 9% Above 225 9%
* Dwelling units
** Parks and Playgrounds
In no case shall an area allocated for parks and playgrounds be less than 100
square meters. An addition of 1% increment for every 10 or fraction thereof
above 225.
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.
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:
6
Table 3: Community Facilities Allocation
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.
7
Above 30 - do - - do -
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.
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)
8
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)
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.
Planting strips as required under PD 953 and its Implementing Rules and
Regulations shall be observed in accordance with the following road
specifications:
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.
10
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).
2. Lot Requirement
a. Lot Planning
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.)
b. Minimum Lot Area(Amended per Board Res. No. 824, Series of 2008)
12
The minimum lot area of various types of housing for economic and
socialized housing project shall be as follows:
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.
The minimum lot frontages for various types of housing both for economic
and socialized housing projects shall be as follows:
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
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a. Floor Area Requirement
5. Setback/Yard
The minimum setback of dwelling unit both for economic and socialized
housing project shall be as follows:
6. Water Supply
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.
14
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.
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.
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.
a. Septic Tank
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b. Connection to Community Sewer System
9. Drainage System
The design of the drainage system of the subdivision shall take into
consideration existing development of adjacent areas relative to their
impact/effect on its drainage system, if any. Further, it shall conform with the
natural drainage pattern of the subdivision site, and shall drain into
appropriate water bodies or public drainage system or natural outfalls. In no
case shall drainage outfalls drain into a private lot. 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.
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.
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PARAMETERS ECONOMIC HOUSING SOCIALIZED HOUSING
Within suitable sites for housing and outside potential hazard prone and
1. Project Location
protection areas.
b.3 Circulation
Observe hierarchy of roads
System
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PARAMETERS ECONOMIC HOUSING SOCIALIZED
HOUSING
4. Minimum Lot
Frontage
4.1 Single Detached
a. Corner lot
b. Regular 8 m. 8 m.
lot 8 m. 8 m.
c. Irregular 4 m. 4 m.
lot 3 m. 3 m.
d. Interior 6 m. 6 m.
lot
4.2 Single Attached/ 4 m. 3.5 m.
Duplex
4.3 Row house
6. Road Right-of-Way
Motor Court 6 5 6 5
Alley 2 - 2 -
Pathwalk - - 3 -
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PARAMETERS ECONOMIC HOUSING SOCIALIZED HOUSING
Note:
4. 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 property.
7. Hierarchy of Roads
per Project Size
Range
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PARAMETERS ECONOMIC HOUSING SOCIALIZED HOUSING
8. Roads
Specifications
8.1 Planting
Strip
(PS)
Sidewalk (SW)
ROW PS SW
Concrete/Asphalt
Major
Concrete/Asphalt
Minor
Macadam
Motor Court
Macadam
Sidewalk
Macadam
Pathwalk/alley
Concrete road pavement shall have a minimum thickness of 150
milimeters and a minimum compressive strength of 20.7 MPa at 28 days.
Asphalt pavement shall have a minimum thickness of 50 milimeters.
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10. Electrical Power Mandatory individual household connection to primary and alternate
Supply sources of power if service is available in the locality.
11. Drainage System The drainage system for economic and socialized housing projects shall
be made of concrete lined canal with adequate capacity and with load
bearing cover.
The drainage system must conform with the natural drainage pattern of
the subdivision site, and shall drain into appropriate water bodies, public
drainage system or natural outfalls.
12.1 Septic Individual septic tank conforming to the standards and design of the
Tank Sanitation Code of the Philippines.
13. Garbage Disposal Provide sanitary and efficient refuse collection and disposal system
System whether independently or in conjunction with the local government
garbage collection and disposal services.
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14. Shelter
Component
14.1Minimum Floor
Area
a. Single
Detached 22 sqm. 18 sqm.
b. Duplex/
Single 22 sqm. 18 sqm.
Attached
c. Row house
22 sqm. 18 sqm.
The number of row houses shall not exceed 20 units per block/cluster
but in no case shall this be more than 100 meters in length.
a. Single
Complete house Shell house
Detached
(Based on the submitted (with doors and windows to
specifications) same enclose the unit)
b. Duplex/ same
Single
Attached
same
c. Row houses
same
15. Setback/Yard
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 requirement of the National Building Code of the
Philippines
Projects incorporating housing components shall comply with the following design
standards and guidelines.
1. Lot Planning
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.
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:
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a. Interior lot (lot located in the interior of a
block made accessible from a public 50% 25%
street or alley by means of a
private access road)
a. Space Standards
b. Ceiling Heights
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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)
c. Openings
1) Doors
b) Doors shall have a minimum clear height of 2.0 meters. Except for
bathroom and mezzanine doors which shall have a minimum clear
height of 1.80 meters.
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c) Minimum clear widths of doors shall be as follows:
2) Windows
a) Rooms for habitable use shall be provided with windows with a total
free area of openings equal to at least 10% of the floor area of the
room.
c) Required windows may open into a roofed porch where the porch:
c.1 abuts court, yard, public street or alley, or open water course and other
public open spaces;
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.
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b) Riser and Run. Stairs shall have a maximum riser height of 0.25
meter and a minimum tread width of 0.20 meter. Stair treads shall
be exclusive of nosing and/or other projections.
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)
27
g) Winding and Circular Stairways. Winding and circular stairways may
be used if the required width of run is provided at a point not more
than 300 millimeters from the side of the stairway where the treads
are narrower but in no case shall any width of run be less than 150
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)
d. Roofing
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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.
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B. Multi-Family Dwellings and Condominiums (Applicable for both Economic and
Socialized Housing)
1. Lot Planning
Each dwelling unit shall be provided with a sanitary means for the removal
of garbage and trash.
30
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)
Interior
Inside
Corner/Through 2.0 2.3 2.6 2.9 3.2 3.5 3.8 4.1 4.4 4.7 5.0
Lot abutting 3 or
more streets, alleys,
rivers, esteros, etc.
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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).
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
32
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)
MEASURE THIS
SHORTEST DISTANCE
g. Parking Requirements. (Amended per Board Res. No. 824, Series of 2008)
34
35
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.
36
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.
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).
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
3) Drainage System
37
Sewage disposal may be accomplished by any of the following means:
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)
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.
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d. Construction Materials
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.
An approved socialized housing project shall not be upgraded to any other type of
housing project.
Individual lot owners who are average and low-income earners as defined under BP
220 may construct their individual residential houses in the manner provided by
these Rules, provided that:
2. The proposed building plans are submitted to the city/municipal engineer for
approval.
Every registered owner or developer of a parcel of land who wishes to convert the
same into a subdivision project shall apply with the Housing and Land Use
Regulatory Board or Local Government Unit concerned for approval of the
subdivision development plan by filing the following:
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A. For Optional Application for Preliminary Subdivision Development Plan
a. Vicinity map indicating the adjoining land uses, access, as well as existing
facilities and utilities at least within 500 meters from the property
boundaries of the project, drawn to any convenient scale.
4) Ground elevation of the subdivision: for ground that slopes less than
2%, indicate spot elevations at all breaks in grade, along all drainage
channels and at selected points not more than 25 meters apart in all
directions: for ground that slopes more than 2%, either indicate
contours with an interval of not more than 0.50 meter if necessary due
to irregular land or need for more detailed preparation of plans and
construction drawings.
40
c. Survey plan of the lot(s) as described in TCT(s).
3. At least 2 copies of certified true copy of title(s) and current tax receipts
4. Right to use or deed of sale of right-of-way for access road and other utilities
when applicable, subject to just compensation for private land.
Approval of the Preliminary Subdivision Development Plan will be valid only for a
period of 180 days from date of approval.
c. Site data such as number of residential and saleable lots, typical lot size,
parks and playgrounds and open spaces.
41
3) Details of roadway and miscellaneous structure such as curb and
gutter (barrier, mountable and drop), slope protection wall and
retaining wall.
b. At least 2 copies of storm drainage and sanitary sewer system duly signed
and sealed by a licensed sanitary engineer or civil engineer.
4. At least two 2 copies of water system layout and details duly signed and
sealed by a licensed sanitary engineer or civil engineer. Should a pump
motor has a horsepower (hp) rating of 50 hp or more, its pump rating and
specifications shall be signed and sealed by a professional mechanical
engineer.
5. Certified true copy of tax declaration covering the property(ies) subject of the
application for the year immediately preceding;
a. Project profile indicating the cost of raw land and its development (total
project cost), amortization schedule, sources of financing, cash flow,
architectural scheme, if any, and work program;
42
d. Certificate of registration with Securities and Exchange Commission
(SEC);
10. Plans specifications, bill of materials and cost estimates duly signed and
sealed by the appropriate licensed professionals.
11. Application for permit to drill from the National Water Resources Board
(NWRB).
13. List of names of duly licensed professionals who signed the plans and other
similar documents in connection with application filed indicating the following
information:
a. Surname;
b. First name;
c. Middle name;
d. Maiden name, in case of married women professional;
e. Professional license number, date of issue and expiration of its validity;
and
f. Professional tax receipt and date of issue
g. Taxpayer’s identification number (TIN)
If the establishment of the subdivision project is physically feasible and does not
run counter to the approved Comprehensive Land Use Plan and Zoning
Ordinance of the City or Municipality and the plan complies with these Rules, the
same shall be approved and a Development Permit shall be issued upon payment
of the prescribed processing fee.
A Development Permit shall only be valid for a period of 3 years from date of issue
if no physical development is introduced.
The owner or developer shall cause the necessary surveys of the project and
prepare the survey returns with technical description and computations duly
signed and sealed by a licensed geodetic engineer to be submitted together and
in accordance with the approved subdivision plan, to the Land Management
Sector (LMS) for verification and approval; pursuant to Section 50 of PD 1529
(Property Registration Decree) and subject to the provisions of R.A. 8560 and its
Implementing Rules and Regulations.
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Section 11. Evaluation of Land Development and Structural
Design Components of Project
Should the project be found locationally viable, the Board shall proceed to determine
whether the land development scheme and building design are in accordance with
the standards set forth in these Rules. If the design is not in compliance with the
standards set forth in these Rules, the developer shall be required to revise the
same.
Upon the approval of the subdivision development plan for economic and socialized
housing projects, the developer shall submit the subdivision plan together with the
parcellary map to the Land Management Sector for the conduct of verification survey
and approval of the subdivision scheme.
A. Common Requirements
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:
a. When project covers more than 20 individual titles without the required
marks described above, the following shall be submitted:
1) Photocopy of TCTs
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.
45
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.
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.
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.
B. Additional Requirements
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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;
4) Topographic Plan
47
c. Project study
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:
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.
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
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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.
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zonal valuation schedule of the Bureau of Internal Revenue, shall be at
least 10% of the total development cost; or
1. Cash Bond;
2. Fiduciary deposit made with the cashier and/or disbursing officer of the
Board;
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.
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RULE V MISCELLANEOUS PROVISIONS
As used in this rules, the following words and phrases are defined and understood
to have the meaning correspondingly indicated therein.
1. Alley – a public way with a width of 2.0 meters intended to break a block and to
serve both pedestrian and for emergency vehicles, both ends connecting to
streets. It shall not be used as access to property.
3. Board or HLURB - shall mean the Housing and Land Use Regulatory Board.
a. Dwelling Types
b. Level of Completion
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Shell house - a habitable dwelling unit which meets the minimum
requirements for a housing core with the following additional components
being included as part thereof:
8. Fire Resistive Time Period Rating - fire resistive time period is the length of
time a material can withstand being burned which may be 1 hour, 2 hours, 3
hours, 4 hours or more.
9. Firewall - any wall which separates 2 abutting living units and extends
vertically from the lowest portion of the wall which adjoins the 2 living units
up to a minimum height of 0.30 meter above the highest portion of the roof
attached to it; the firewall shall also extend horizontally up to a minimum
distance beyond the outermost edge of the abutting living units.
(Amended per Board Res. No. 824, Series of 2008)
11. Living Unit - a dwelling, or portion thereof, providing complete living facilities for
1 family, including provisions for living, sleeping, cooking, eating, bathing and
toilet facilities and laundry facilities, the same as a single-family dwelling.
12. Lot - a portion of a subdivision or any parcel of land intended as a unit for transfer
of ownership or for building development.
13. Lot Line Wall - a wall used only by the party upon whose lot the wall is located,
erected at a line separating two parcels of land each of which is a separate real
estate entity.
14. Multi Family Dwelling – a dwelling on one lot containing separate living units
for 3 or more families, usually provided with common access, services and use
of land.
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15. Occupancy – the purpose for which a building is used or intended to be used.
The term shall also include the building or room housing such use. Change of
occupancy is not intended to include change of tenants or proprietors.
16. Open Space - shall refer to areas allocated for the following purposes:
a. Circulation
b. Community facilities
c. Park/playground
d. Easements
e. Courts
17. Party Wall - a wall used jointly by two parties under easement agreement,
erected upon a line separating 2 parcels of land each of which is a separate real
estate.
19. Parks/Playgrounds - that portion of the subdivision which is generally not built
on and intended for passive or active recreation.
20. Socialized Housing - refers to housing programs and projects covering houses
and lots and homelots only undertaken by the government or the private sector
for the underprivileged and homeless citizens which shall include sites and
services development, long term financing, liberalized terms on interest
payments, and such other benefits in accordance with the provisions of R.A.
7279 or the urban development and housing act of 1992.
Failure on the part of the owner or developer to develop the project in accordance
with the approved project plans and within the time herein specified shall subject the
owner/developer to administrative sanctions and penalties.
The owner or developer of a socialized and economic housing project shall initiate
the organization of a homeowners association among the buyers and residents of
the project for the purpose of promoting and protecting their mutual interest. Said
homeowners association shall register with the Board and the latter is hereby
authorized to accredit and determine the legitimate homeowners association of the
housing project for purposes of applying the pertinent provisions of these Rules.
The owner or project developer shall donate the roads and open spaces found in the
project to the local government of the area after their completion had been certified
to by the Board and it shall be mandatory for the said local government to accept
such donations. Parks and playgrounds maybe donated to the duly accredited
Homeowners Association of the project with the consent of the city or municipality
concerned under PD 1216.
The water supply system of the project may likewise be donated to the duly
accredited homeowners association after certification by the Board of its completion
and of its being operational. Should the homeowners not accept the donation, the
owner or developer of the project shall collect reasonable rates to be determined by
the Board in consultation with the National Water Resources Board or the Local
Water Works and Utilities Administration. The proceeds thereof shall be used
exclusively for the maintenance and operation of the water system by the developer.
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.
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Section 25. Effectivity
These Rules shall take effect thirty days after its publication in a newspaper of
general circulation in the Philippines.
ANNEX 1
SECTION 3.1007 DETACHED SINGLE AND TWO FAMILY DWELLINGS
OF THE RULES AND REGULATIONS IMPLEMENTING
THE FIRE CODE OF THE PHILIPPINES (PD NO. 1185)
A. General – This rule covers detached single and two dwellings. Where the
occupancy is so limited, the only requirements applicable are those in this
Section.
B. Exit Details
a. In any dwelling of more than 2 rooms, every room used for sleeping,
living or dining purposes shall have at least two (2) means of egress,
at least one (1) of which shall be a door or stairway providing a
means of unobstructed travel to the outside of the building at street
ground level. No room or a space shall be occupied for living or
sleeping purposes which is accessible only by a ladder, folding
stairs or through a trap door.
b. Every sleeping room shall have at least one (1) outside window.
Such window could be opened from the inside, without the use of
tools, to provide a clear opening of not less than fifty six (56)
centimeters in least dimension and forty five-hundredths (0.45)
square meter in area. The bottom of the opening shall be not more
than one hundred twenty two (122) centimeters above the floor,
except if the room has two (2) doors providing separate ways of
escape or has a door leading directly outside of the building.
e. No interior door providing means of exit shall be less than sixty (60)
centimeters wide.
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f. Every closet door latch shall be such that children can open the door
from inside the closet.
h. Stairs – the width, risers and treads of every stair shall comply at
least with the minimum requirements for Class B stairs.
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ANNEX 2
WHEREAS, Presidential Decree No. 953 requires the planting of trees in certain
places and penalizes unauthorized cutting, destruction, damaging and injuring of
certain plants and vegetation;
WHEREAS, the Board takes cognizance of the need and growing concern for the
environment and preservation of ecological balance and the public clamor for the
greening of urban areas such as residential subdivision projects;
Attested By:
Annex 2.A
RULE I
GENERAL PROVISIONS
Section 1. TITLE – this Rules and Regulations shall be known as the Rules and
Regulations implementing PD 953 which Requires among others
Every Owner of an Existing Subdivision to Plant Trees in Designated
Areas.
RULE II
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3. Open spaces shall mean an area reserved exclusively for parks, playgrounds,
recreational uses and other similar facilities and amenities.
4. Road Lots shall include roads, sidewalks, alleys and planting strips and its
gutters drainage and sewerage.
6. Deputees refers to the heads of regional field offices of the Board or the local
government official deputized pursuant to the rules implementing EO 71 Series
of 1993.
RULE III
HLRB ACTION
RULE IV
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OBLIGATIONS OF THE OWNER/DEVELOPER OF SUBDIVISION
RULE V
SANCTIONS
RULE VI
MISCELLANEOUS PROVISIONS
Section 13. EFFECTIVITY – These Rules shall take effect fifteen (15) days
after publication in a newspaper of general circulation.
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CERTIFICATION
This is to certify that the foregoing Rules and Regulations constitute the
attachment referred to in HLRB Board Resolution NO. R-532, Series of 1993 as
Annex 2.A thereof, and that the same was deliberated and passed upon as an
integral part of the said Resolution during the Board’s 255th Regular Board Meeting
held last July 12, 1993.
Witness my hand and the seal of this Board, this 12th day of July 1993.
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HOUSING AND LAND USE REGULATORY BOARD
Fact Sheet and Ocular Inspection/Project Evaluation Report Form
D
ate
Parks and
Playground
No./TCT
62
This Form shall be notarized if accomplished by Project Owner/Developer/Engineer.
VERIFICATION
_________________________________ of legal age, after having duly sworn, depose and say that
I have sealed and accomplished this form and the events hereof are true & correct.
_________________________
ANNEX “2.B”
TO : ALL CONCERNED
A. Definition of Terms
1. Shade trees - usually large trees with profused branches and extended laterally at
least four meters in height
2. Ornamental tree - medium-sized trees with less profused primarily branches and
attain a maximum height of three meters
3. Garden plants – single woody stem plants which do not have primary branches
The planting of trees shall be required in areas reserved for parks and playgrounds and
along planting strips of subdivision projects.
1. All shade trees shall be planted along the side of the road opposite the electrical
power distribution lines. The recommended distance between shade trees shall be
five (5) meters. Refer to Figure 1.
2. Ornamental trees shall be planted on the planting strip along the side of the electrical
power distribution lines. The recommended distance between ornamental trees shall
be three (3) meters. Refer to Figure 1
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3. The vertical clearance from the topmost part of the ornamental trees to the primary
electrical power distribution lines shall be three (3) meters. Refer to Figure 2.
4. Coconut and other high growing plants shall not be allowed in all designated planting
strips.
5. Recommended potted planting materials is at least 1 meter in height for higher plant
survival.
6. THE NUMBER OF TREES TO BE PLANTED SHALL BE AT THE RATIO OF ONE
(1) TREE PER SALEABLE LOT.
___________________, __________________________
(Date) (Place)
________________________________
AFFIANT
Conforme:
____________________________
Owner
(If No. 4b applies)
ACKNOWLEDGEMENT
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Notary Public
Doc. No._____
Page No._____
Book No._____
Series of _____
ANNEX 4
REGISTRATION STATEMENT
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6. That my authorized broker/s shall be
_______________________________________
____________________________________________________________________
______________
____________________________________________________________________
______________
7. That I bind myself to comply with all the rules and regulations pertaining
to this project and shall be held liable for all the facilities, improvements,
infrastructures and similar forms of development.
___________________
___
Affiant
Republic of the Philippines )
______________________) S.S.
ANNEX 5
COMMISSION PROPER
RESOLUTION No. R - 97
Series of 1982
RESOLVED, as it hereby resolved that Resolution No. 55, Series of 1982, of the
Executive Committee, Interpreting the Terms in Section 9 of Batas Pambansa Blg.
220 for Purposes of Evaluation of Applications for the Integrated Permit by HSRC
Personnel, where the terms are interpreted in the same context hereunder stated,
be ratified as the same is hereby ratified.
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VARIANCE - refers to a permit to undertake/develop a low-cost housing project
notwithstanding the fact that the minimum standards set forth in the rules
cannot be complied with, on the ground that there is an urgent need for the
project, that compliance with the standards would be impractical, and that the
deviation therefrom will not cause undue adverse effect or defeat the purpose
and objectives of such standards.
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Commissioner Commissioner
Attested:
ANNEX 6
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DIFFERENT LEVELS OF STANDARDS AND TENCHINCAL
REQUIREMENTS FOR ECONOMIC AND SOCIALIZED
HOUSING PROJECTS IN URBAN AND RURAL AREAS
FROM THOSE PROVIDED UNDER PRESIDENTIAL
DECREES NUMBERED NINE HUNDRED FIFTY SEVEN,
TWELVE HUNDRED SISTEEN, TEN HUNDRED NINETY-
SIX AND ELEVEN HUNDRED
EIGHTY-FIVE
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SECTION 6. This Act shall take effect upon its approval.
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