Housing Related Laws

Specific Legal Provisions on Shelter,
Socialized Housing, and Urban

Development
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
- 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
- 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
- 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
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
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
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
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
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, land slides
and stress) must be avoided.
PD 957
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

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

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
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

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
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
Design Parameters
Land Allocation
PD 957
Design Parameters
Land Allocation
Area Allocated for Community Facilities
Gross area of 1 hectare (minimum)
PD 957
Design Parameters
Hierarchy of Roads
PD 957
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
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
Design Parameters
Road Right of Way
PD 957
Design Parameters
Road Right of Way
PD 957
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
Design Parameters
Planting strips
PD 957
Design Parameters
Minimum Lot Area
PD 957
Design Parameters
Minimum Lot Area
PD 957
Design Parameters
Minimum Frontage
PD 957
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
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
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
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
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
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
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
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
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
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, land slides
and stress) must be avoided.
BP 220
Site Criteria (continuation)
4. Accessibility
The site must be served by a road that is readily
accessible to public transportation lines.
BP 220
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
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
Design Parameters
Land Allocation
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
Design Parameters
Land Allocation
BP 220
Design Parameters
Land Allocation
Gross area of 1 hectare (minimum)
BP 220
Design Parameters
Land Allocation
BP 220
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
Design Parameters
Hierarchy of Roads
BP 220
Design Parameters
Road Right of Way
BP 220
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
Design Parameters
Planting strips
Required under PD 953
BP 220
Design Parameters
Minimum Lot Area (Amended per Board Res. No. 824,
Series of 2008)
BP 220
Design Parameters
Minimum Lot Frontage (Amended per Board Res. No.
824, Series of 2008)
BP 220
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 singlefamily dwelling shall be 22 square meters for
economic housing and 18 square meters for
socialized housing.
BP 220
Design Parameters
Setback/Yard
a. Front Setback
b. Side yard
c. Rear yard
d. Abutments
1.5 m.
1.5 m (from the building line)
2.0 m.
May be allowed per
requirements of the National
Building Code of the Philippines
BP 220
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.

Housing Related Laws

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Housing Related Laws

Hochgeladen von

Copyright:

Verfügbare Formate

Specific Legal Provisions on Shelter,

Socialized Housing, and Urban

PD 1216 Open Spaces

PD 1216 Open Spaces

Design Standards for Subdivision

Technical Guidelines and Standards for Subdivisions

Technical Guidelines and Standards for Subdivisions

Technical Guidelines and Standards for Subdivisions

Technical Guidelines and Standards for Subdivisions

Das könnte Ihnen auch gefallen