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P.D. 957 and B.P. 220

IMPLEMENTING RULES AND REGULATION

Bongay, Liz

Dadia, Darylle

Miran, Angelica

Salangu...

Bongay, Liz

Dadia, Darylle

Miran, Angelica

Salanguit, Elizhe

Presidential Decree Nos. 957

Otherwise known as “Subdivision and Condominium Buyer’s Protective Decree”.

Regulating the sale of subdivision lots a...

Regulating the sale of subdivision lots and condominiums providing penalties for violations thereof.

was initiated by the late President Ferdinand Marcos on July 12, 1976 and applied with the latest revised implementing rules and regulations in 2009.

was initiated by the late President Ferdina...

The primary purpose of this decree is to protect the buyers of condominium projects and subdivision developments against misrepresentations and fraudulent activities of developers, sellers and operators.

The primary purpose of this decree is to protect the buye...

Batasang Pambansa

bilang 220

An act authorizing the ministry of human settlements to establish and promulgate different levels of standards and technical requirements for economic and socialized housing projects in urban and rural areas from those provided under Presidential Decrees numbered 957, 1216, 1096, and 1185.

  • Year of Publication, 1982.

P.D. 957

THE SUBDIVISION

AND CONDOMINIUM BUYER'S PROTECTIVE DECREE

P.D. 1216

DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS

P.D. 1096

National Building Code of the Philippines

P.D. 1185

Fire Code of the Philippines

Definition of Terms

Subdivision Project. - "Subdivision Project" shall mean a tract or a parcel

of land registered under Act No. 496 which is partitioned primarily for residential

purposes into individual lots with or without improvements thereon, and offered to the

public for sale, in cash or in installment terms. It shall include all residential,

commercial, industrial and recreational areas, as well as open spaces and other

community and public areas in the project.

Definition of Terms

Aerial view of a densely populated subdivision of housing from the city of Manila, Philippines, April 2010

Subdivision Lot. - "Subdivision Lot" shall mean any of the lots, whether

residential, commercial, industrial, or recreational, in a subdivision project.

Complex Subdivision Plan. - "Compl...

Complex Subdivision Plan. - "Complex Subdivision Plan" shall mean a

subdivision plan of a registered land wherein a street, passageway or open space is

delineated on the plan.

Biñan, Laguna Real Estate Home

Condominium Project. - "Condominium Project" shall mean the entire

parcel of real property divided or to be divided primarily for residential purposes into

condominium units, including all structures thereon.

Condominium shall mean an interest in real proper...

Condominium Unit. - "Condominium Unit" shall mean a part of the

condominium project intended for any type of independent use or ownership, including

one or more rooms or spaces located in one or more floors (or part of parts of floors) in

a building or buildings and such accessories as may be appended thereto.

SOLSTICE - Circuit Makati Condo

Condominium shall mean an interest in real property consisting of a separate interest

in a unit in a residential, industrial or commercial building and an undivided interest

in common directly or indirectly, in the land on which it is located and in other

common areas of the building. A condominium may include, in addition, a separate

interest in other portions of such real property. Title to the common areas, including the

land, or the appurtenant interests in such areas, may be held by a corporation

specially formed for the purpose in which the holders of separate interests shall

automatically be members or shareholders, to the exclusive of others, in proportion

to the appurtenant interest of their respective units in the common areas.

Block — a parcel of land bounded on the sides by streets or alleys or pathways or

other natural or man-made features, and occupied by or intended for buildings.

Alley – a public way with a width of 2.0 mete...

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.

Frontage -the side of a lot which abuts a street.

Medium Cost and Open Market-refers to housing projects where prices of house and

lot packages are within the suggested price ranges as determined through HUDCC

resolution and falling under the standards prescribed in these rules.

Firewall -any wall which subdivides a building so ...

Firewall -any wall which subdivides a building so as to resist the spread of fire, by

starting at the foundation and extending continuously through all storeys to, or above the

roof. Extension above the roof is 1 millimeter.

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.

Open Space

- shall refer to areas allocated for the following purposes:

a. Circulation

b. Community facilities

c. Park/playground

d. Easements

e. Courts

Dwelling

Dwelling

a building designed or used as residence for one or more families.

Single Detached

- a dwelling for 1 family which is completely surrounded

by permanent open spaces, with independent access, services, and use of

land.

Single Detached

Single Attached/

Duplex

- a dwelling containing 2 or more separate living

units each of which is separated from another by party or lot lines walls and

provided with independent access, services, and use of land. Such dwelling

shall include duplexes, quadruplex or terraces, and cluster housing.

Row house

- a single-attached dwelling containing 3 or more separate

living units designed in such a way that they abut each other at the sides, as

in a row, and are separated from each other by party walls; provided with

independent access, and use of land. There shall be a maximum of 20

units per block or cluster but in no case shall this be beyond 100 meters in

length.

Single-family dwelling

– shall mean single family per lot.

Single-family dwelling

Multi Family Dwelling

a dwelling on 1 lot containing separate living units

for 3 or more families, usually provided with common access, services and

use of land.

Lot - a portion of a subdivision or any parcel of land intended as a unit for

transfer of ownership or for building development.

Lot - a portion of a subdivision or any parcel of land intend...

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.

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 threemeter

(3-m) wide access which forms part of the lot.

Interior lot

Through lot

Through lot

- a lot bounded on two opposite sides by roads.

Flag Lot

Irregular lot

-any lot which is not rectangle nor square-shaped

Irregular lot

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:

1) All exterior walls to enclose the unit

2) Openings for doors and windows

3) Plumbing fixtures

4) Electrical wiring within the unit

5) Floor

Complete House - a habitable dwelling un...

Complete House - a habitable dwelling unit which meets the minimum

requirements for a shell house with the following additional components

being included as part thereof: all windows and doors and partition walls for

separating functional areas.

Economic Housing in Nigeria

Economic Housing

- a type of housing project provided to average income

families.

Economic Housing, Cebu, Philippines

St. Dominic Subdivision in Basak Mactan, Cebu

Housing Project in the Philippines

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.

Socialized housing at Bougainvillea Village, Linao,Talisay City,Cebu

Cluster Housing

CLUSTER HOUSING, WINCHESTER, MASSACHUSETTS

Cluster Housing

- single-family detached dwelling unit containing three or

more separate living units grouped closely together to form relatively compact

structures.

Cluster Housing, Philippines

-Condominiums are evident.

Mont Timah Cluster Housing Singapore

MINDANAO

ONE LAKESHORE DRIVE, DAVAO

Maximum Pricing :

Design Standards for Subdivision

Site Criteria

-availability of basic needs of human settlement

Site Criteria

1. Water

2. Movement and circulation

3. Storm drainage

4. Solid and liquid waste disposal

5. Park/playground

6. Power

Zoning Map of Manila

1. Location

Conformity with Zoning Ordinance/Comprehensive Land Use Plan

1. Location

-Subdivision projects shall be located in residential zones or other areas

appropriate for residential uses.

If there is no Zoning Ordinance or approved

Comprehensive Land Use Plan, the dominant land use principle and site

suitability factors cited herein shall be used in determining suitability of a

project.

-Both economic and socialized housing projects shall be located within

suitable site for housing and outside potential hazard prone and protection

areas.

Comprehensive Land Use Map of Manila

Earthquake Hazard Map of Manila

2. Physical Suitability

2. Physical Suitability

shall be located within suitable sites for housing and

outside hazard prone areas and protection areas as provided for by pertinent

laws. Critical areas (e.g. areas subject to flooding, landslides and those with

unstable soil) must be avoided.

Tagaytay-Balibago Terminal

3. Accessibility

Road Network Map of Metro Manila

3. Accessibility

The site must be served by a road that is readily accessible to public

transportation lines. Said access road shall conform to the standards set

herein of these Rules to accommodate expected demand caused by the

development of the area. In no case shall a subdivision project be approved

without necessary access road/right-of-way constructed either by the

developer or the Local Government Unit.

Elevated LRT Station

Planning Considerations

Area Planning

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.

Open spaces

Open spaces shall conform to the provisions of P.D. 1216 and its

implementing rules and shall include the following:

SALCEDO PARK, MAKATI CITY

Bulacan Military Area Park

Open spaces

a. 1 Streets

Prime Lot Gated Subdivision,Near Tagaytay Picnic Grove

a. 2 Walks

a. 3 Parks and playground

Facilities and Amenities

VERSAILLES ALABANG is a luxurious gated community in Daang Hari Las Pinas Philippines.

Facilities and Amenities

Areas required for subdivision facilities and amenities shall be judiciously

allocated in accordance with the provisions herein specified.

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.

Density

Site Preservation

Site Preservation

Slope

Slope

The finished grade shall have a desired slope to allow rain water to be channeled

into street drains.

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.

Ground Cover

Grass, shrubs, plants and other landscaping materials used for ground cover shall

be of a variety appropriate for its intended use and location. They shall be planted

so as to allow well-tended cover of the area

Easements

Easements

On water bodies:

The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas.

On transmission lines:

National Power Corporation (NPC)

On identified fault traces:

PHIVOLCS per Resolution No. 515, Series of 1992

Circulation

Circulation

Depending on the classification of roads adjacent to the subdivision and the size of the

project site, road network should result into a hierarchy of functions and should define and

serve the subdivision as one integrated unit.

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:

Land Allocation

Allocation of Area for Parks and Playgrounds

  • Allocation of area for parks and playgrounds shall be mandatory for projects one (1) hectare or more and shall be deemed nonbuildable area.
  • The same shall be strategically located within the subdivision project.
  • Area allocated for parks and playgrounds shall in no case be less than 100 square meters.

Parks and Playgrounds Allocation

Area Allocated for Community Facilities

  • Mandatory provision of area for neighborhood multi-purpose center both for economic and socialized housing projects with a gross area of 1 hectare and above.
  • These areas are non-saleable. However, the developer may provide for areas for community facilities such as schools andconvenience/retail centers in excess of the requirement set forth in this Rule which shall be deemed saleable.

P.D. 957

Facilities According to the Number of Saleable Lots/

Dwelling Units for Subdivision Projects 1 Hectare and Above

P.D. 957

B.P. 220

Facilities According to the Number of Saleable Lots/

Dwelling Units for Subdivision Projects 1 Hectare and Above

B.P. 220

Community Facilities Allocation

Hierarchy of Roads

P.D. 957

Hierarchy of Roads

B.P. 220

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.

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

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.

Road Right-of-Way

B.P. 220

P.D. 957

Road Right-of-Way

Planting Strips

Width of Planting Strips and Sidewalks

P.D. 957

Planting Strips

B.P. 220

Road Pavement

P.D. 957

B.P.220

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.

Road Pavement

  • All roads for both open market and medium cost housing projects shall be pavedwith either concrete or asphalt. Concrete pavement shall have a minimumthickness of 150 millimeters and a minimum compressive strength of 20.7 MegaPascal (Mpa) while asphalt shall have a minimum thickness of 50 millimeters.

  • Sidewalk pavement shall have a minimum compressive strength of 17.2 MegaPascal.

Subdivision Project Setback

P.D. 957 & B.P. 220

Subdivision projects abutting main public road must provide a setback of 3.00 meters deep by 5.00 meters length at both side of the subdivision entrance to accommodate loading and unloading of passengers

Subdivision Project Setback

B.P. 220

  • Contiguous projects or projects to be developed by phases shall be provided with interconnecting roads with a minimum right-of-way of 10.0meters.
  • 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.
  • Pathwalk shall have a width of 3.0 meters intended only to provide pedestrian access to property for socialized housing projects. It shall have a maximum length of 60 meters.

Minimum Lot Areas

P.D. 957

Minimum Lot Areas

B.P. 220

Minimum Frontage

P.D. 957

Minimum Frontage

B.P. 220

Number of Row Houses

Shall not exceed 20 units per Cluster but in no case shall this beyond 100 meters in length.

Number of Row Houses

Maximum Block Length

Maximum Block Length

Shall be 400 meterts, however blocks exceeding 250 meters shall provde with a 2-meter alley approximately at mid-length.

Shelter component – Minimum Floor Area

P.D. 957

Shelter component – Minimum Floor Area

B.P. 220

Setback / Yard Requirement

P.D. 957

The minimum setback of dwelling units both for open market and medium costhousing projects shall conform to the National Building Code of the Philippines.

front setback for a R-1 dwelling MUST be 4.5 meters (m) deep, and the two (2) side setbacks and the rear setback shall be at 2.0 m deep each.

Setback / Yard Requirement

B.P.220

Water System

Water System

  • Mandatory connection to appropriate public water system provided that the water supply is enough to meet the total daily requirements for the anticipated population.
  • If public water supply is not available, developer shall provide for independent water supply system within the subdivision project.

Electrical Power Supply

Electrical Power Supply

  • Mandatory individual household connection
  • Mandatory provision of street lighting per pole if 50 meters distance; at every other pole, if the distance is less than 50 meters
  • Electric Bills for streetlights shall be proportionately shouldered by the users thereof prior to issuance of Certificate of Completion and turn over of open spaces to LGU.

Drainage System

Drainage System

  • The minimum drainage system for economic and socialized housing shall be concrete lined canal with load bearing cover.
  • In case of non-existence of Drainage System in the locality, catchment area for drainage discharge shall be provided for and developed by the owner/ developer in consulting with the LGU.

Main and Compliance Projects within One Subdivision

Main and Compliance Projects within O...

Delineate in the approved subdivision plan the 2,500 sq.m area of the compliance project.

Separate Main Subdivision and Compliance Projects

Separate Main Subdivision and Complian...

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