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P.D 957
(Subdivision and Condominium Laws and its amended IRR,2001)
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;
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 with the residential densities set forth in the zoning ordinance of the city/municipality where project is located.
2. Site Preservation
A. Slope
-The finished grade shall have a desired slope to allow rain water to be channeled into street drains.
B.Preservation of Site Assets
-Suitable trees with a caliper diameter of 200 millimetres or more, shrubs and desirable ground cover per Department of Environment and Natural Resources (DENR) rules shall be preserved.
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.
b.3.6 Road Grade/Slope
Crown of the roads shall have a slope of not less than 1.5 percent, while curbs and gutters shall not be less than 7 percent to 9 percent (see Figure 4).
Grades and vertical curbs shall conform to the design requirements of the Department of Public Works and Highways (DPWH).
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.
c. Access Roads
Roads shall serve every building, parking space, park/playground and service points (e.g. garbage collection points).
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.
Approval of the preliminary subdivision development plan will be valid only for a period of 180 days from date of approval.
4. Certificate of registration from Securities and Exchange Commission (SEC)
5. Articles for incorporation or partnership;
6. corporation by-laws and all implementing amendments;
7. For new corporation(3 years and below) statement of capitalization and sources of income and cash flow to support work program.
4. Articles of Incorporation (or of Partnership or Association), amendments thereof and existing by-laws (or its equivalent) clearly indicating the authority of the applicant to engage in real estate trade particularly in the development and selling of lots or units.
5. A copy of any circular, prospectus, brochure, advertisement, or communication used/to be used for public offering of subject project and for circulation upon approval by the Board.
6. Sample copy of Contract to Sell to be used in the public offering of lots, units or lots and units.
7. Certified true copy of Environmental Compliance Certificate (ECC)/Certificate of Non-coverage (CNC),
Dwelling Types:
- Single Detached -a dwelling unit completely surrounded by yards.
- Single Attached -a dwelling unit with one side attached to a firewall.
- Duplex -a dwelling unit containing 2 separate living units each of which is separated from another by a firewall and provided with independent access.
- 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.
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.
(2) Streets, easements, width and elevation of road right-of-way within the project and adjacent subdivisions/areas;
(3) Utilities within and adjacent to the proposed subdivision project; location, sizes and invert elevations of sanitary and storm or combined sewers; location of gas lines, fire hydrants, electric and telephone poles and street lights, if any.
(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 0.5 meter if necessary due to irregular land or need for more detailed preparation of plans and construction drawings.
c. Survey Plan of the lot(s) as described in TCT(s).
(5) Water courses, marshes, rock and wooded areas, presence of preservable trees in caliper diameter of 200 millimeters, houses, barns, shacks, and other significant features. (6) Proposed public improvements: highways or other major improvements planned by public authorities for future construction within/adjacent to the subdivision.
b. Topographic Plan to include the following:
(1) Boundary Lines: bearings, distances tie point or reference point, geographic coordinates of the tie point or Bureau of Lands Locational Monument (BLLM);
2. One (1) set of the following documents duly signed and sealed by a licensed geodetic engineer:
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.
3. At least 2 copies of Certified True Copy of Title(s) and Current Tax Receipt
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.
d. Basic Facilities and Services
d.1 Service Area (Laundry/Drying Area)
Adequate laundry and drying areas shall be provided. Where such services 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.
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.
RULE II APPROVAL OF SUBDIVISION PLAN
*Section 5. Application for Approval of Subdivision Development Plan
Every registered owner or developer of a parcel of land who wishes to convert the same into a subdivision project shall apply with the Board or the local government unit (LGU) concerned for the approval of the subdivision development plan by filing the following:
a.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.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.
5. The variance will not give rise to unauthorized reclassification of the approved residential subdivision/condominium plan (i.e. whether partial or full alteration of the plan), and will not adversely affect the public health, safety or general welfare of the community. (Per Commission Proper Resolution No. R-53, S. 1982)
a. Roads, easements or right-of-way and roadway width, alignment, gradient, and similar data for alleys, if any.
b. Lot numbers, lines and areas and block numbers.
c. Site data such as number of residential and saleable lots, typical lot size, parks and playgrounds and open spaces.
*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.
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.3 Circulation System
b.3.1 Hierarchy of Roads
The circulation system for open market and medium cost housing projects shall have the following hierarchy of roads:
A. For Optional Application for Preliminary Subdivision Development Plan
1. At least 2 sets of Site Development Plan (Schematic Plan) at a scale ranging from 1:200 to 1:2,000 showing the proposed layout of streets, lots, parks and playgrounds and other features in relation to existing conditions in the area prepared, signed and sealed by any licensed and registered architect, environmental planner, civil engineer, or geodetic engineer. (Amended per Board Res. No. 794, Series of 2006)
3. The proposed variance is due to existing permanent structures (concrete/steel) and is necessary to permit a reasonable use of the residential subdivision/condominium;
4. The variance will not alter the essential character of the location where the residential subdivision for which the variance is sought, is located, and will not substantially or permanently affect the use of the other residential subdivision/condominium in the same locality; particularly those within a 1 kilometer radius thereof;
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, motorcourt) for both residential and commercial condominium projects shall be paved with concrete/asphalt.
1. The location is unique and different from the adjacent locality, and because of its uniqueness, the owners cannot obtain a reasonable return on the residential subdivision/condominium projects;
2. The hardship is not self-created;
The subdivision development plan shall be prepared, signed and sealed by any licensed and registered architect, environment planner, civil engineer or geodetic engineer. (Amended per Board Res. No. 794, Series of 2006)
Civil and Sanitary Works Design
Engineering plans/construction drawings based on applicable engineering code
and design criteria to include the following:
* Mandatory non-saleable
** Optional saleable but when provided in the plan the same shall be annotated in the title
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.
Minimum road right-of-way shall be in accordance with b.3.2 of this section.
In no case shall a major road be less than 10 meters when used as main access road and/or as future connection
a) Major Road
b) Collector Road
c) Minor Road
d) Motor Courts
e) Service Roads
f) Alley
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.
B. For Application for Subdivision Development Permit
1. All requirements for application for preliminary subdivision development plan as specified in Sec.5.A of this Rule.
2. Subdivision Development Plan consisting of the site development plan at any of the following scales: 1:200; 1:1,000; or any scale not exceeding 1:2,000; showing all proposals including the following:
b.2 Community Facilities
Mandatory provision of areas for community facilities, such as neighbourhood multi-purpose center both for open market and medium cost housing projects with area one (1) hectare and above. These areas are non-saleable. . The use of the said area shall be indicated in the plan and shall be annotated in the title thereto. (Refer to Table 2)
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.
(2) Typical roadway sections showing relative dimensions of pavement, sub-base and base preparation, curbs and gutters, sidewalks, shoulders benching and others.
The percentage requirement for parks/playgrounds shall be as follows:
a. At least 2 copies of road (geometric and structural) design/plan duly signed and sealed by a licensed civil engineer.
(1) Profile derived from existing topographic map, showing the vertical control, designed grade, curve elements and all information needed for construction.
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.
2. Site Preservation/Alteration
a. Slope
The finished grade shall have a desired slope to allow rainwater to be channeled into street drains.
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.
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.
b.3.2 Road Right-of-Way (ROW)
The corresponding right-of-way for hierarchy of roads shall be as follows:
3. Easements
Subdivision projects shall observe and conform to the following provisions on easements as may be required by:
c. At least 2 copies of site grading plan with the finished contour lines superimposed on the existing ground the limits of earthwork embankment slopes, cut slopes, surface drainage, drainage outfalls and others, duly signed and sealed by a licensed civil engineer.
5. Installation of Street Names/Signs:
The developer shall bear the cost of installation of street names/signs coincident with the construction of streets.
D. Preservation of site
E. Proper siting or orientation of lots;
F. Harmony with existing proposed development in the vicinity;
G. Application of workable design principles or parameters for a well planned and self-sustaining environment
1. 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
.
C. Design Parameters
(Approved per Board Res. No. 515, Series of 1992)
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.
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.
a) 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 2.5the proposed su2.5vision.
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.
d. Roads shall conform to sound engineering practices.
e. Subdivision projects shall comply to the pertinent requirements of Batas Pambansa No. 344, otherwise known as the Accessibility Law.
B. Planning Consideration
1. Streets -adequate and safe means of vehicular and pedestrian circulation and easements for utilities and planting strips, shall be provided.
2 .Walks -paved walks shall be provided to the living units from streets, parking spaces and from living units to play areas.
3. Parks and playground - suitable recreational area(s) shall be allocated within the subdivision.
When the 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:
10. Garbage Disposal System
The subdivision shall have a sanitary and efficient refuse collection and disposal system, whether independently or in conjunction with the municipal/city garbage collection and disposal services.
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;
Rule 1: Minimum Design Standards
The following non-saleable area shall be observed consistent with PD No. 1216:
b.1 Parks/Playgrounds
Allocation of area for parks and playgrounds shall be mandatory for projects one (1) hectare or more and shall be deemed non-buildable area
Section 1: Design Standards for Subdivisions
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.
*Section 2. Design Standards and Guidelines for Residential Condominium Projects
A: Site Criteria:
1. Location
2. Physical Suitability
3.Accessibility
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.
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.
design by Dóri Sirály for Prezi
4. Circulation
a. Roads complemented with pathwalks 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.
b. Streets should conform to the contours of the land as far as practicable
c. As far as practicable, streets shall be laid out at right angles to minimize critical intersections such as blind corners, skew junction, etc.
9. Drainage System
The drainage system of the subdivision shall conform to the natural drainage pattern of the subdivision site, and shall drain into appropriate water bodies or public drainage system.
3. At least 2 copies of water system layout and details duly signed and sealed by a licensed sanitary engineer or civil engineer. Should a pump motor have a horsepower (HP) rating of 50 HP or more, its pump rating and specifications shall be signed and sealed by a professional mechanical engineer.
c) 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 Fig. 2).
(3) Details of miscellaneous structures such as curb and gutter (barrier, mountable and drop), slope protection wall, rip rapping and retaining wall.
b) 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. (See Fig. 1)
b. At least 2 copies of storm drainage and sanitary sewer system duly signed and sealed by a licensed sanitary engineer or civil engineer.
(1) Profile showing the hydraulic gradients and properties of sanitary and storm drainage lines including structures in relation with the road grade line.
(2) Details of sanitary and storm drainage lines and miscellaneous structures such as various types of manholes, catch basins, inlets (curb, gutter, and drop), culverts and channel linings.
d) Subdivision projects shall have provision for future expansion where applicable, by designating the major roads, as prescribed in Sec. 1.C.b.3.2 as the interconnecting road right-of-way for both open market and medium cost housing projects.
8. Sewage Disposal System
The sewage disposal system for open market and medium cost subdivision projects shall either be any of the following:
a. Connection to Community Sewer System
Connections shall be made to an approved public or community sewer system, subject to the requirements and provisions of the Sanitation Code of the Philippines and other applicable rules and regulations.
b. Septic Tanks
Where community sewer system is not available, sewage shall be disposed of and treated in individual septic tanks.
B.3.3 Planting Strips
Planting strips shall be observed with the following road specifications:
7. Electrical power supply
Mandatory individual household connection to primary and/or alternate sources of power. Installation practices, materials and fixtures used shall be in accordance with the provisions of the Philippine Electrical Code and/or local utility company.
e. Pipes -Pipes shall conform to the standards required by Metropolitan Waterworks and Sewerage System (MWSS) and/or Local Water Utilities Administration (LWUA).
b.3.4 Road Pavement
All roads for both open market and medium cost housing projects shall be paved with either concrete or asphalt. Concrete pavement shall have a minimum thickness of 150 millimeters and a minimum compressive strength of 20.7 Mega Pascal (Mpa) while asphalt shall have a minimum thickness of 50 millimeters.
Sidewalk pavement shall have a minimum compressive strength of 17.2 Mega Pascal.
c. Fire Protection Demand -Provision for fire protection shall comply with the requirements of the National Fire Protection Code.
d. Water Tank Capacity -20% ADD plus fire reserve.
a.4 No hazards shall exist in the immediate vicinity of the water source that might reduce or pollute the supply;
a.5 Water distribution shall be assured.
a.6 Each subdivision shall have at least an operational deepwell and pumpsets with sufficient capacity to provide Average Daily Demand (ADD) to all homeowners.
b. Water Requirement -Every dwelling unit shall be served by an individual supply of water sufficient to meet the total hourly domestic needs of every household for any 8 hour period.
a.1 The technical consultant of the developer shall determine the location and discharge capacity of the water source(s) within the subdivision;
a.2 The permit to drill well(s) or tap water lines from the appropriate government agencies shall be obtained;
a.3 The water source shall be sufficient to meet the daily water requirements of every household in the subdivision;
5. Yard/Setback
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.
6. Water Supply System
a. Specific Rules:
The subdivision water supply shall be mandatory or obligatorily connected to an appropriate public water system or community system provided that the water supply is enough to meet the total daily requirements of the anticipated population.
When neither a public water system, nor an acceptable community system is available, a centralized water supply system shall be accepted, provided that:
a. 2 Application of workable design principles/parameters for a well planned environment.
To accommodate a wider range of clientele (in terms of income level and lifestyle), and to provide diversity in housing design in a subdivision project, the owner/developer is encouraged to allocate areas for various housing types such as single -detached, duplex/single attached and row houses.
4. Certified true copy of Tax Declaration covering the property (ies) subject of the application for the year immediately preceding.
5. Certified true copy of Environmental Compliance Certificate (ECC) or Certificate of Non-coverage (CNC) duly issued by the DENR, whichever is applicable.
14. 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
f. Professional tax receipt and date of issue
g. Taxpayer's Identification Number (TIN)
4. Shelter Component
a. Minimum floor area for open market housing shall be 42 square meters and 30 square meters for medium cost housing.
Minimum level of completion -complete house for all types of dwelling units based on the submitted specifications.
Provision of firewall shall be in conformity with the Fire Code of the Philippines and mandatory for duplexes/single attached units and every unit for rowhouses (Fig. 5).
c.4 Lot lines shall preferably be made perpendicular to street lines.
c.5 Deep lots and irregularly shaped lots shall be avoided.
c.6 Lots shall be planned with adequate width for side yards.
c.7 Lots shall be protected against risks.
c.8 Lots shall not be laid out if potential risks exist e.g. erosion, slides, flooding, fault lines, etc.
c. Lot Design
c.1 Saleable lots shall be designed such that they are not bisected by political boundaries, water courses, drainage ways and utility lines.
c.2 A lot shall be served by an independent access road.
c.3 Whenever possible, lot frontage elevation shall be at street level.
a. Lot Layout:
The following shall be considered when plotting the subdivision project:
a. 1 Preservation of site assets and proper siting orientation of lots; blending with existing and proposed development in the vicinity; and
b.3.5 Road Intersection Roads should intersect at right angles as much as practicable. Multiple intersections along major roads shall be minimized. Distance between offset intersections should not be less than 20 meters from corner to corner. Intersections should occur on straight sections instead of on curved sections of road and on gentle grades with clear sight distance. Road intersections shall be provided with adequate curb radii consistent with sound engineering pr inciples. (see Fig. 3)
The number of rowhouses shall not exceed 20 units per block/cluster but in no case shall this be beyond 100 meters in length.
d. Lot Frontage
The minimum lot frontages for various types of housing under open market and medium cost housing projects shall be as follows:
Saleable lots designated as duplex/single attached and/or rowhouse lots shall be provided with housing units.
b. Minimum Lot Area The minimum lot area for various types of housing under open market and medium cost housing project shall be as follows:
6. Zoning Certificate from HLURB Regional Office.
7. Certified true copy of DAR conversion order.
8. At least 2 copies of project description for projects having an area of 1 hectare and above to include the following:
A. Project profile indicating the cost of raw landand its development (total project cost), amortization schedule, sources of financing, cash flow, architectural plan, if any, and work program
B.Audited financial statement for the last 3 preceding years;
3. Length of Block
Maximum length of block shall be 400 meters, however, blocks exceeding 250 meters shall be provided with an alley approximately at mid-length.
RULE III APPROVAL OF CONDOMINIUM PLAN
*Section 6. Application for Approval of Condominium Plan
Any registered owner or developer of a parcel of land who wishes to develop the same into a condominium project shall apply with the Board by filing the following:
A. At least 2 sets of Condominium Plan at any of the following scales: 1:200; 1:400; or any scale not exceeding 1:400 duly signed and sealed by a licensed architect:
1. Site development plan to include parking and parks and playground layout, if applicable.
2. Floor plan(s)
3. Sections and elevations
*Section 13. Application for Registration of Brokers and Salesmen
No broker or salesman shall engage in the business of selling subdivision lots or condominium units without securing a certificate of registration by filing with the Board a registration statement in quadruplicate containing the following information:
*Section 14. Certificate of Registration
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
12. Traffic Impact Assessment (TIA)for subdivision projects 30 hectares and above.
13. Copy of the special/temporary permit from the Professional Regulation Commission (PRC) and of the separate permit from the Department of Labor and Employment (DOLE) for foreign architects who signed on plans required under the Implementing Rules and Regulations of PD 957. (per Board Res. No. 839, series of 2009)
B. At least 2 copies of 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 scale and duly signed and sealed by a licensed geodetic engineer.
C. Building specifications and estimated cost.
D. Zoning Certificate from HLURB Regional Office
E. Certified true copy of DAR conversion order.
C. Income tax return for the last 3 preceding years;
D. Certificate of registration from Securities and Exchange
Commission (SEC);
E. Articles of Incorporation or Partnership;
F. Corporation by laws and all implementing amendments; and
G. For new corporation (3 years and below) statement of capitalization and sources of income and cash flow to support work program.
a. Name, age and address
b. If a corporation, partnership, or association, its office address and branch offices and the names and addresses of its executive officers and directors.
c. Statement that applicant is qualified to act as real estate broker or salesman pursuant to law.
d. If applicant is a salesman, the name and address of the dealer or broker who employs him, attaching a copy of appointment.
e. If the applicant is a broker, the names and addresses of salesmen employed by him.
Section 15. Bonds
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.
A dealer, broker or salesman may apply in writing with the Board for the cancellation and release of his bond stating therein his reasons. Any person, having any claim for money or property against the dealer, broker or salesman in his real estate service or practice, must file his claim with the Board within 15 days from the date of publication.
*Section 12. Performance Bond (Amended per Board Res. No. 763, Series of 2004)
A. A surety bond callable upon demand amounting to 20% of the development cost of the unfinished portion of the approved plan
B. Real estate mortgage to be executed by the applicant as mortgagor free from any liens and encumbrance and provided, that the value of the property, computed on the basis of the zonal valuation schedule of the Bureau of Internal Revenue, shall be at least 20% of the total development cost or,
c. Other forms of security equivalent to 10% of the development cost
of the unfinished portion
1. Cash Bond
2. Fiduciary deposit
3. A certificate of guaranty deposit
letter from any bank of recognized standing
4. Any irrevocable credit line
RULE VI MISCELLANEOUS PROVISIONS
10. Plans, spefications, bills 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)
*Section 9. Notice of Publication (Amended per Board Res. No. 763, Series of 2004)
*Section 10. Certificate of Registration
Board shall issue a Certificate of Registration upon payment of the prescribed fees After five (5) days
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
*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
I.One (1) copy of project study to include the following:
1.Project profile indicating among others, the development cost, total project cost, amortization schedules, sources of financing, marketability, cash flow, architectural building plans and work program/project time table;
2. Audited for financial statement for the last 3 preceding years;
3. Income tax returns for the last 3 preceding years;
F.Certifie true copy of Environmental Clearance Certificate(ECC) or Certificate of non-Coverage(CNC) duly issued by DENR, whichever is applicable
G. Certified true copy of title(s) and current tax reciepts.
H. Right to use or deed of sale of right-of-wayfor access and other utilitieswhen applicable
8. Zoning Certificate from HLURB Regional Office
9. Certified true copy of DAR conversion order.
10. Electrical plan and specifications
Water potability test results from concerned government agencies/Maynilad.
11. Permit to operate a deepwell and subsequent submission of confirmed water resistivity test from the National Water Resources Board (NWRB).
Section 16. Definition of Terms
- Board or HLURB -shall mean the Housing and Land Use Regulatory Board.
- Block- a parcel of land bounded on the sides by streets or alleys or pathways
- Commercial Condominium- a building, or group of buildings, used for office, businesses, professional services
- Common Areas -means the entire project excepting all units separately granted, held or reserved.
- Community Facilities -facilities or structures intended to serve common needs
- 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.
- Condominium Project- means the entire parcel of real property divided or to be divided in condominium, including all structures thereon.
- Condominium Unit -means a part of the condominium project intended for any type of independent use or ownership
- Dealer -shall mean any person directly engaged as principal in the business of buying, selling or exchanging real estate
- Decree -shall mean Presidential Decree No. 957 otherwise known as "The Subdivision and Condominium Buyer's Protective Decree."
- Dwelling Unit – structure designed or used as residence.
b.3.4 Certified true copy of bond issued by the LGU
b.3.3 Joint venture agreement with LGU
b.4 one (1) set of subdivision development plan.
c. Project study
d. Copy of brochures and other forms of advertisements.
b. When certified copy of the TCT was issued more than one month prior to the application for Certificate of Registration (CR), affidavit of the owner that the property is free from liens and encumbrances
issued and signed by the authorized official
B. Additional Requirements
1. For Condominium Projects
a. Master Deeds with Declaration of Registration and Declaration of Restrictions
b. Building Permit
2. For Subdivision Projects:
a. 2 copies of verified survey returns with label for all non-saleable areas including but not limited to parks and playgrounds, community facilities and roads and easements.
b. Copy of the following documents in case the development permit was issued by the Local Government Unit (LGU)
b. When applicant is a new corporation, partnership, association or single proprietorship
b. 1 other assets or sources of funds and other resources;
b.2 The nature of control or ownership over such assets, funds or resources;
b.3 Commitment to the effect that, if necessary, the same shall be used to complete the project.
b.1 Sangguniang Resolution/Ordinance granting of development permit/ subdivision development plan containing the following information:
b.1.1 full name of the grantee or permittee and his address;
b.1.2 complete project name and its location;
b.1.3 date of the resolution or ordinance;
b.1.4 project area;
b.1.5 full listing of title(s) covering the project;
b.1.6 legal basis of the approval (PD 957, EO 648 and other related laws);
b.2 Certified true copy of resolution conferring authority to the mayor or other local government official to issue development permit in cases where the same was not granted by the Sangguniang Pangbayan/Panlungsod.
b.3 Proof of compliance to Sec. 18 of RA 7279 in any of the following manner:
b.3.1 Development permit of socialized housing projects within the main subdivision.
b.3.2 License to sell of socialized housing project
if location of compliance is not within the main subdivision project.
3. Submission of a Certified True Copy of title of the common areas/open space
C. Duly accomplished and notarized fact sheet
D. Proof showing the required minimum level of development before the issuance of license to sell
a. For subdivision projects – land clearing and grubbing, road tracing and entrance gate
b. For condominium projects – excavation per approved plan/excavation permit.
*Section 8. Application for License to Sell
A. Program of development
B. Affidavit of undertaking to perform the following:
1. Segregation of the individual titles for all lots or units within the project;
2. Submission of proof that titles to the saleable lots or units have been issued,
Types of Lots.
- corner lot -a lot situated at the intersection of two or more streets.
- regular lot -a lot fronting on one street and the remaining sides bounded by lot lines.
- 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.
- through lot -a lot bounded on two opposite sides by roads.
- irregular lot -any lot which is not rectangle nor square-shaped
a. When a project covers more than 20 individual titles without the required marks described above, the following shall be required:
a.1 Photocopy of TCTs
a.2 Certification from the register of deeds concerned with its seal or security mark giving the following information:
a.2.1 TCT or OCT numbers;
J. Permit to drill from NWRB or certificate of coverage from concerned local franchise holder.
K. Copy of the special/temporary permit from the Professional Regulation Commission (PRC) and of the separate permit from the Department of Labor and Employment (DOLE) for foreign architects who signed on plans required under the Implementing Rules and Regulations of PD 957. (per Board Res. No. 839, series of 2009)
1. Sworn Registration Statement using either:
a. HLURB Form 001 for Corporation; or
b. HLURB Form 003 for Single Proprietorship
2. Certified True Copy of Transfer Certificate of Title (TCT) or Original Certificate Of Title (OCT) duly stamped with original marking "CERTIFIED TRUE COPY" by the proper Register of Deeds and bearing its seal or security marker.
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
a 3’ x 6’ billboard notice of the project shall be posted on the project site
As used herein, an interval of seven (7) calendar days between the two (2) publications shall be strictly observed.
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.
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 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.
L. List of names of duly licensed professionals who signed the plans and other similar documents in connection with application filed indicating the following information;
1. Surname
2. First name
3. Middle name
4. Maiden name, in case of married women professional;
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 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 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 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.
*Section 7. Application for Registration
A. Common Requirements
The owner or the real estate dealer interested in the sale of lots or units in a subdivision project or condominium project, respectively, shall register the project with the Board by filing the following: