housing related laws

Specific Legal Provisions on Shelter, Socialized Housing, and Urban

Development

RA 7279Urban Development and Housing Act of 1992

Section 3. Definition of Terms

- Blighted lands – areas where the structures aredilapidated, obsolete and unsanitary, tending to depreciatethe value of the land and prevent normal development anduse of the area

- Idle lands – non-agricultural lands in urban andurbanizable areas on which no improvements have beenmade by the owner

- Land assembly or consolidation - the acquisition of lots ofvarying ownership through purchase or expropriation forthe purpose of planned and rational development andsocialized housing programs without individual propertyboundary restrictions



- Land banking - the acquisition of land at values based onexisting use in advance of actual need to promote planneddevelopment and socialized housing programs

- Land swapping - the process of land acquisition byexchanging land for another piece of land of equal value, orfor shares of stock in a government or quasi-governmentcorporations whose book value is of equal value to the landbeing exchanged, for the purpose of planned and rationaldevelopment and provision for socialized housing whereland values are determined based on land classification,market value and assessed value taken from existing taxdeclarations



- 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.



- Small property owners – those whose real propertyconsists of residential lands not exceeding 300 sq.m. inhighly urbanized cities and 800 sq.m. in other urban areas.

- Socialized Housing – housing programs and projectscovering houses and lots or homelots only undertaken bythe government or the private sector for theunderprivileged and homeless citizens.

- Improvements – all types of buildings and residential units,walls, fences, structures of all kinds of a fixed character orwhich are adhered to the soil.


Section 10. Modes of Land Acquisition

- The modes of acquiring land for purposes of this Act shallinclude, among others, community mortgage, landswapping, 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 ofacquisition have been exhausted

- Where expropriation is resorted to, parcels of land ownedby small property owners shall be exempted for purposesof this Act.


Section 11. Expropriation of idle lands

- All idle lands in urban and urbanizable areas shall be expropriatedand shall form part of the public domain.

- Expropriation proceedings shall be instituted if, after the lapse ofone year following receipt of notice of acquisition, the owner failsto 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 ruralareas

- Must not be a professional squatter or a member of squattingsyndicates.


Section 18. Balanced Housing Development

- Developers of proposed subdivision projects shall be requiredto develop an area for socialized housing equivalent to atleast 20% of the total subdivision area or total subdivisionproject cost, at the option of the developer, within the samecity or municipality, whenever feasible.

Section 21. Basic services

- Potable water

- Power and electricity and an adequate power distributionsystem

- Sewerage facilities and an efficient and adequate solid wastedisposal system

- Access to primary roads and transportation facilities


Section 22. Livelihood component

- To the extent feasible, socialized housing and resettlementprojects shall be located near areas where employmentopportunities 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 asesteros, railroad tracks, garbage dumps, riverbanks,shorelines, waterways, and other public places such assidewalks, roads, parks and playgrounds

- When government infrastructure projects with availablefunding are about to be implemented

- When there is a court order for eviction and demolition


Section 31. Definition of CMP

- The Community Mortgage Program (CMP) is a mortgagefinancing program of the National Home Mortgage FinanceCorporation which assists illegally organized associations ofunderprivileged and homeless citizens to purchase anddevelop a tract of land under the concept of communityownership.

- The primary objective of the program is to assist residentsof blighted or depressed areas to own the lots they occupy,or where they choose to relocate to, and eventuallyimprove their neighborhood and homes to the extent oftheir affordability

PD 1216 – Open Spaces

Open space – an area reserved exclusively for parks,playgrounds, recreational uses, and other similarfacilities and amenities.

Sec. 31.For subdivision projects one hectare or more, the owneror developer shall reserve 30% of the gross area foropen spaces.

PD 1216 – Open Spaces

Allocation for parks, playgrounds, and recreationaluses:

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 economichousing(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 957Subdivision 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.


Technical Guidelines and Standards for Subdivisions

Site Criteria (continuation)

3. AccessibilityThe site must be served by a road that is readily accessible to public transportation lines.



Area PlanningPlanning 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 sitee. 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.



Area PlanningOpen 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


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 linesc. Fault traces as identified by PHIVOLCS per Resolution No.

515, series of 1992d. 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



Design ParametersLand 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 areab. non-saleable area — minimum of 30% of

the gross area

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.


Design Parameters

Land Allocation



Design Parameters

Land AllocationArea Allocated for Community Facilities

• Gross area of 1 hectare (minimum)


Design Parameters

Hierarchy of Roads


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.


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.


Design Parameters

Road Right of Way


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.


Design Parameters

Planting strips


Design Parameters

Minimum Lot Area


Design Parameters

Minimum Frontage


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.


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.


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.


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



• 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.



Floor Area RequirementsSingle-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.



Floor Area RequirementsFamily 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-incomeearners which is thirty percent (30%) of the grossfamily income as determined by the NationalEconomic and Development Authority from time totime.

- refers to the government-initiated sites and servicesdevelopment and construction of economic andsocialized housing projects in depressed areas.


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. Water2. Movement and circulation3. Storm drainage4. Solid and liquid waste disposal5. Park/playground6. Power

.


The parameters used in formulating the Design Standards are (continuation):

C. Affordability levels of target market

D. LocationBoth economic and socialized housing projects shall be located within suitable site for housing and outside potential hazard prone and protection areas.



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.



Site Criteria (continuation)

4. AccessibilityThe site must be served by a road that is readily accessible to public transportation lines.


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 linesc. Fault traces as identified by PHIVOLCS per Resolution No.

515, series of 1992d. 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


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.


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.


Design Parameters

Land Allocation



Design Parameters

Land Allocation

Area Allocated for Community Facilities

• Gross area of 1 hectare (minimum)


Design Parameters

Land Allocation

Area Allocated for Community Facilities


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.


Design Parameters

Hierarchy of Roads


Design Parameters

Road Right of Way


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.


Design Parameters

Planting strips• Required under PD 953


Design Parameters

Minimum Lot Area (Amended per Board Res. No. 824, Series of 2008)


Design Parameters

Minimum Lot Frontage (Amended per Board Res. No. 824, Series of 2008)


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.


Design Parameters

Setback/Yarda. 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


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

Documents

housing act

acquisition of land

land banking

piece of land

land classification

modes of land acquisition

urban andurbanizable

modes of acquiring land