Specific Legal Provisions on Shelter,

Socialized Housing, and Urban Development

HOUSING
AR. RB BIANDO, uap, nrea
RA 7279
Urban Development and Housing Act of 1992
Section 3. Definition of Terms
- Blighted lands – areas where the structures are dilapidated,
obsolete and unsanitary, tending to depreciate the value of
the land and prevent normal development and use of the
area
- Idle lands – non-agricultural lands in urban and urbanizable
areas on which no improvements have been made by the
owner
- Land assembly or consolidation - the acquisition of lots of
varying ownership through purchase or expropriation for the
purpose of planned and rational development and socialized
housing programs without individual property boundary
restrictions
RA 7279
Urban Development and Housing Act of 1992
Section 3. Definition of Terms
- Land banking - the acquisition of land at values based on
existing use in advance of actual need to promote planned
development and socialized housing programs

- Land swapping - the process of land acquisition by

exchanging land for another piece of land of equal value, or
for shares of stock in a government or quasi-government
corporations whose book value is of equal value to the land
being exchanged, for the purpose of planned and rational
development and provision for socialized housing where land
values are determined based on land classification, market
value and assessed value taken from existing tax declarations
RA 7279
Urban Development and Housing Act of 1992
Section 3. Definition of Terms
- On-site development – the process of upgrading and
rehabilitation of blighted slum urban areas with a view of
minimizing displacement of dwellers in said areas

- Professional squatters – individuals or groups who occupy

lands without the express consent of the landowner and who
have sufficient income for legitimate housing

- Resettlement areas – areas identified by the appropriate

national agency or by the LGU with respect to areas within its
jurisdiction, which shall be used for the relocation of the
underprivileged and homeless citizens.
RA 7279
Urban Development and Housing Act of 1992
Section 3. Definition of Terms
- Small property owners – those whose real property consists
of residential lands not exceeding 300 sq.m. in highly
urbanized cities and 800 sq.m. in other urban areas.

- Socialized Housing – housing programs and projects covering

houses and lots or homelots only undertaken by the
government or the private sector for the underprivileged and
homeless citizens.

- Improvements – all types of buildings and residential units,

walls, fences, structures of all kinds of a fixed character or
which are adhered to the soil.
RA 7279
Urban Development and Housing Act of 1992
Section 10. Modes of Land Acquisition
- The modes of acquiring land for purposes of this Act shall
include, among others, community mortgage, land swapping,
land assembly or consolidation, land banking, donation to the
government, joint-venture agreement, negotiated purchase,
and expropriation.

- Expropriation shall be resorted to when other modes of

acquisition have been exhausted.

- Where expropriation is resorted to, parcels of land owned by

small property owners shall be exempted for purposes of this
Act.
RA 7279
Urban Development and Housing Act of 1992
Section 11. Expropriation of idle lands
- All idle lands in urban and urbanizable areas shall be expropriated
and shall form part of the public domain.
- Expropriation proceedings shall be instituted if, after the lapse of one
year following receipt of notice of acquisition, the owner fails to
introduce improvements.

Sec. 16. Eligibility criteria for socialized housing program beneficiaries

- Must be a Filipino citizen
- Must be an underprivileged and homeless citizen
- Must not own any real property whether in the urban or rural areas
- Must not be a professional squatter or a member of squatting
syndicates.
RA 7279
Urban Development and Housing Act of 1992
Section 18. Balanced Housing Development
- Developers of proposed subdivision projects shall be required to
develop an area for socialized housing equivalent to at least 20%
of the total subdivision area or total subdivision project cost, at
the option of the developer, within the same city or municipality,
whenever feasible.
Section 21. Basic services
- Potable water
- Power and electricity and an adequate power distribution
system
- Sewerage facilities and an efficient and adequate solid waste
disposal system
- Access to primary roads and transportation facilities
RA 7279
Urban Development and Housing Act of 1992
Section 22. Livelihood component
- To the extent feasible, socialized housing and resettlement projects
shall be located near areas where employment opportunities are
accessible

Section 28. Eviction and demolition

- Eviction of demolition as a practice shall be discouraged, except:
- When persons or entities occupy danger areas such as
esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and other public places such as
sidewalks, roads, parks and playgrounds
- When government infrastructure projects with available
funding are about to be implemented
- When there is a court order for eviction and demolition
RA 7279
Urban Development and Housing Act of 1992
Section 31. Definition of CMP
- The Community Mortgage Program (CMP) is a mortgage
financing program of the National Home Mortgage Finance
Corporation which assists illegally organized associations of
underprivileged and homeless citizens to purchase and
develop a tract of land under the concept of community
ownership.

- The primary objective of the program is to assist residents of

blighted or depressed areas to own the lots they occupy, or
where they choose to relocate to, and eventually improve
their neighborhood and homes to the extent of their
affordability
 PD 1216 – Open Spaces

Open space – an area reserved exclusively for parks,

playgrounds, recreational uses, and other similar facilities
and amenities.

Sec. 31.
For subdivision projects one hectare or more, the owner
or developer shall reserve 30% of the gross area for open
spaces.
 PD 1216 – Open Spaces

Allocation for parks, playgrounds, and recreational

uses:
9% of the gross area – high density or social housing
(66 to 100 family lot per gross hectare)
7% of the gross area – medium density or economic
housing
(21 to 65 family lot per gross hectare)
3.5% of gross area - low density or open market housing
(20 family lots and below per gross hectare)
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Standards for Subdivision

Site Criteria
1. Conformity with the Zoning Ordinance or Land
Use Plan of the City/Municipality
2. Physical Suitability
• must have characteristics assuring healthful, safe and
environmentally sound community life.
• stable enough to accommodate foundation load without
excessive earthmoving, grading or cutting and filling.
• Critical areas (e.g., areas subject to flooding, landslides
and stress) must be avoided.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Technical Guidelines and Standards for Subdivisions

Site Criteria (continuation)
3. Accessibility
The site must be served by a road that is readily
accessible to public transportation lines.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Technical Guidelines and Standards for Subdivisions

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.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Technical Guidelines and Standards for Subdivisions

Area Planning
Open spaces
• shall conform to the provisions of P.D. 1216
• Streets - adequate and safe means of vehicular
and pedestrian circulation and easements for
utilities and planting strips, shall be provided.
• Walks - paved walks shall be provided to the living
units from streets, parking spaces and from living
units to play areas
• Parks and playground - suitable recreational
area(s) shall be allocated within the subdivision
 PD 957
Subdivision and Condominium buyer's Protective Decree

Site Preservation
Easements
a. Chapter IV, Section 51 of the Water Code of the Philippines
on water bodies
b. National Power Corporation (NPC) on transmission lines
c. Fault traces as identified by PHIVOLCS per Resolution No.
515, series of 1992
d. Right-of-way of other public companies and other entities.
e. For projects abutting national roads (primary roads)
adequate easement shall be provided for road including
loading and unloading as may be required by national/local
government units.
f. Other related laws
 PD 957
Subdivision and Condominium buyer's Protective Decree

Technical Guidelines and Standards for Subdivisions

Design Parameters
Land Allocation
• For open market and medium cost
subdivision projects with an area of one (1)
hectare or more, the percentage (%)
allocation of land shall be as follows:
a. saleable area — maximum of 70% of the
gross area
b. non-saleable area — minimum of 30% of
the gross area
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Land Allocation
Allocation of Area for Parks and Playgrounds
• shall be mandatory for projects 1 hectare or
above and shall be strategically located within
the subdivision project.
• should not be less than 100 square meters.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Land Allocation
Allocation of Area for Parks and Playgrounds
 PD 957
Subdivision and Condominium buyer's Protective Decree
Design Parameters
Land Allocation
Area Allocated for Community Facilities
• Gross area of 1 hectare (minimum)
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Hierarchy of Roads
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Hierarchy of Roads
• 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.
• Collector Road - a street or a road that services
pedestrian/vehicular traffic from minor roads
leading to major roads.
• Minor Road - a road which main function is to
provide direct access to lots and other activity
centers.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Hierarchy of Roads
• 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.
• Alley - a 2-meter wide walkway which shall be used to
break a block and to serve pedestrians and for emergency
purposes. It shall not be used as access to property.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Road Right of Way
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Road Right of Way
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Setback requirement along main public road
• 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.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Planting strips

ROAD WIDTH OPEN MARKET (sqm.) MEDIUM COST

(m) (sqm.)
Planting Strip Sidewalk Planting Strip Sidewalk
(m) (m) (m) (m)
15.00 1.30 1.20 1.30 1.20
12.00 0.80 1.20 0.80 1.20
10.00 0.80 1.20 0.80 1.20
8.00 0.40 0.60 0.60 0.60
6.00 (Service Road) optional optional
 PD 957
Subdivision and Condominium Buyer's Protective Decree

Design Parameters
Minimum Lot Area

TYPES OF HOUSING OPEN MARKET (sqm.) MEDIUM COST

(sqm.)
1. Single Detached 120 100
2. Duplex/Single Attached 96 80
3. Rowhouse 60 50
 PD 957
Subdivision and Condominium Buyer's Protective Decree

Design Parameters
Minimum Frontage
TYPES OF HOUSING /LOT FRONTAGE (m.)
1. Single Detached
a. Corner Lot 12
b. Regular Lot 10
c. Irregular Lot 6
d. Interior Lot 3
2. Duplex/Single Attached 8
3. Rowhouse 4

The number of rowhouses shall not exceed 20 units per block/cluster but in no
case shall this be beyond 100 meters in length.
 PD 957
Subdivision and Condominium Buyer's Protective Decree

Design Parameters
Length of Block
• Maximum block length is 400 meters.
• Block length exceeding 250 meters shall already be
provided with a 2-meter alley approximately at
midlength.
Floor Area Requirement
• Minimum floor area for open market housing shall
be 42 square meters and 30 square meters for
medium cost housing.
 PD 957
Subdivision and Condominium Buyer's Protective Decree

Design Parameters
Setback/Yard
• The minimum setback of dwelling units both for
open market and medium cost housing projects
shall conform to the National Building Code of the
Philippines.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Parameters
Water Supply
• Minimum quantity requirement shall be 150 liters
per capita per day.
Electrical Power Supply
• 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.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Standards and Guidelines for Residential

Condominium Projects
• Parks/Playground shall be required for:
a. Projects with a gross saleable area of 1,000
square meters: or
b. 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
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Standards and Guidelines for Residential

Condominium Projects
• 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.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Standards and Guidelines for Residential

Condominium Projects
Floor Area Requirements
Single-Occupancy Unit
• minimum floor area of 18 square meters,
• a net floor area of 12 square meters may be allowed
provided that 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.
 PD 957
Subdivision and Condominium buyer's Protective Decree

Design Standards and Guidelines for Residential

Condominium Projects
Floor Area Requirements
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 projects respectively.
 BP 220
Economic and Socialized Housing
Economic and socialized housing
- refers to housing units which are within the affordability
level of the average and low-income earners which is
thirty percent (30%) of the gross family income as
determined by the National Economic and
Development Authority from time to time.
- refers to the government-initiated sites and services
development and construction of economic and
socialized housing projects in depressed areas.
 BP 220
Economic and Socialized Housing
The parameters used in formulating the Design Standards
are:
A. Protection and safety of life, limb, property and
general public welfare.
B. Basic needs of human settlements, enumerated in
descending order as follows:
1. Water
2. Movement and circulation
3. Storm drainage
4. Solid and liquid waste disposal
5. Park/playground
6. Power
 BP 220
Economic and Socialized Housing
The parameters used in formulating the Design Standards
are (continuation):
C. Affordability levels of target market
D. Location
Both economic and socialized housing projects
shall be located within suitable site for housing and
outside potential hazard prone and protection
areas.
 BP 220
Economic and Socialized Housing
Technical Guidelines and Standards for Subdivisions
Site Criteria
1. Availability of basic needs
2. Conformity with the Zoning Ordinance or Land
Use Plan of the City/Municipality
3. Physical Suitability
• must have characteristics assuring healthful, safe and
environmentally sound community life.
• stable enough to accommodate foundation load without
excessive site works.
• Critical areas (e.g., areas subject to flooding, landslides
and stress) must be avoided.
 BP 220
Economic and Socialized Housing
Technical Guidelines and Standards for Subdivisions
Site Criteria (continuation)
4. Accessibility
The site must be served by a road that is readily
accessible to public transportation lines.
 BP 220
Economic and Socialized Housing
Planning Considerations
Easements
a. Chapter IV, Section 51 of the Water Code of the Philippines
on water bodies
b. National Power Corporation (NPC) on transmission lines
c. Fault traces as identified by PHIVOLCS per Resolution No.
515, series of 1992
d. Right-of-way of other public companies and other entities.
e. For projects abutting national roads (primary roads)
adequate easement shall be provided for road including
loading and unloading as may be required by national/local
government units.
f. Other related laws
 BP 220
Economic and Socialized Housing
Design Parameters
Land Allocation
Saleable Areas
• no fixed ratio between the saleable portion and
non-saleable portion
Non-saleable Areas
• shall conform with the minimum requirements
for open space comprising those allotted for
circulation system, community facilities and
parks and playgrounds.
 BP 220
Economic and Socialized Housing
Design Parameters
Land Allocation
Allocation of Area for Parks and Playgrounds
• shall be mandatory for projects 1 hectare or
above and shall be strategically located within
the subdivision project.
• should not be less than 100 square meters.
• 1% increment for every 10 or fraction thereof
above 225 dwelling units.
 BP 220
Economic and Socialized Housing
Design Parameters
Land Allocation
Allocation of Area for Parks and Playgrounds
 BP 220
Economic and Socialized Housing
Design Parameters
Land Allocation
Area Allocated for Community Facilities
• Gross area of 1 hectare (minimum)
 BP 220
Economic and Socialized Housing
Design Parameters
Land Allocation
Area Allocated for Community Facilities
 BP 220
Economic and Socialized Housing
Design Parameters
Circulation System
• shall comply with the pertinent requirements of BP
344 otherwise known as the Accessibility Law.
• planning considerations for circulation layout:
a. Observance of the hierarchy of roads within the subdivision.
b. Conformance to natural topography.
c. Consideration for access and safety, e.g., adequate radius,
minimum number of roads at intersections, moderate
slope/grade, adequate sight distance, no blind corners, etc.
d. Optimization as to number of lots to lessen area for roads, at
the same time enhances community interaction.
 BP 220
Economic and Socialized Housing
Design Parameters
Hierarchy of Roads
 BP 220
Economic and Socialized Housing
Design Parameters
Road Right of Way
 BP 220
Economic and Socialized Housing
Design Parameters
Setback requirement along main public road
• 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.
 BP 220
Economic and Socialized Housing
Design Parameters
Planting strips
• Required under PD 953
 BP 220
Economic and Socialized Housing
Design Parameters
Minimum Lot Area (Amended per Board Res. No. 824,
Series of 2008)
 BP 220
Economic and Socialized Housing
Design Parameters
Minimum Lot Frontage (Amended per Board Res. No.
824, Series of 2008)
 BP 220
Economic and Socialized Housing
Design Parameters
Length of Block
• Maximum block length is 400 meters.
• Block length exceeding 250 meters shall already be
provided with a 2-meter alley approximately at
midlength.
Floor Area Requirement
• The minimum floor area requirement for single-
family dwelling shall be 22 square meters for
economic housing and 18 square meters for
socialized housing.
 BP 220
Economic and Socialized Housing
Design Parameters
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 requirements
of the National Building Code of
the Philippines
 BP 220
Economic and Socialized Housing
Design Parameters
Water Supply
• Minimum quantity requirement shall be 150 liters
per capita per day.
Electrical Power Supply
• 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.
 THANK YOU
AR. RB BIANDO, UAP, NREA
PROFESSIONAL LECTURER, NATIONAL UNIVERSITY | ADMINISTRATIVE FACULTY, ENDERUN COLLEGES |
PAST NATIONAL PRESIDENT, NATIONAL REAL ESTATE ASSOCIATION | PAST CHAPTER PRESIDENT, UAP QC
ELLIPTICAL CHAPTER | EVALUATOR, CPD COUNCIL FOR ARCHITECTURE, PROFESSIONAL REGULATION
COMMISSION
 THANK YOU

AR. RB BIANDO, UAP, NREA

PROFESSIONAL LECTURER, NATIONAL UNIVERSITY | ADMINISTRATIVE FACULTY, ENDERUN COLLEGES |
PAST NATIONAL PRESIDENT, NATIONAL REAL ESTATE ASSOCIATION | PAST CHAPTER PRESIDENT, UAP QC
ELLIPTICAL CHAPTER | EVALUATOR, CPD COUNCIL FOR ARCHITECTURE, PROFESSIONAL REGULATION
COMMISSION