BATAS PAMBANSA BLG. 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 NINE HUNDRED FIFTY-SEVEN, TWELVE HUNDRED SIXTEEN, TEN HUNDRED NINETY-SIX AND ELEVEN HUNDRED EIGHTY-FIVE
SECTION 1.
It is hereby declared a policy of the Government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector, in order to make available adequate economic and socialized housing units for average and low-income earners in urban and rural areas.
SECTION 2.
As used in this Act, 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. It shall also refer to the government-initiated sites and services development and construction of economic and socialized housing projects in depressed areas.
SECTION 3.
To carry out the foregoing policy, the Ministry of Human Settlements is authorized to establish and promulgate different levels of standards and technical requirements for the development of economic and socialized housing projects and economic and socialized housing units in urban and rural areas from those provided in Presidential Decree Numbered Nine hundred fifty-seven, otherwise known as the "Subdivision and Condominium Buyers' Protective Decree," Presidential Decree Numbered Twelve hundred and sixteen, "Defining Open Space in Residential Subdivision"; Presidential Decree Numbered Ten Hundred and ninety-six, otherwise known as the "National Building Code of the Philippines"; and Presidential Decree Numbered Eleven hundred and eighty-five, otherwise known as the "Fire Code of the Philippines" and the rules and regulations promulgated thereunder, in consultation with the Ministry of Public Works and Highways, the Integrated National Police, and other appropriate government units and instrumentalities and private associations.
SECTION 4.
The standards and technical requirements to be established under Section three hereof shall provide for environmental ecology, hygiene and cleanliness, physical, cultural and spiritual development and public safety and may vary in each region, province or city depending on the availability of indigenous materials for building construction and other relevant factors.
SECTION 5.
The different levels of standards and technical requirements that shall be established and promulgated by the Ministry of Human Settlements only after public hearing and shall be published in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks and shall take effect thirty days after the last publication.
SECTION 6. This Act shall take effect upon its approval.
Approved, March 25, 1982. (P.B. No. 1880)
SECTION 1.
It is hereby declared a policy of the Government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector, in order to make available adequate economic and socialized housing units for average and low-income earners in urban and rural areas.
SECTION 2.
As used in this Act, 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. It shall also refer to the government-initiated sites and services development and construction of economic and socialized housing projects in depressed areas.
SECTION 3.
To carry out the foregoing policy, the Ministry of Human Settlements is authorized to establish and promulgate different levels of standards and technical requirements for the development of economic and socialized housing projects and economic and socialized housing units in urban and rural areas from those provided in Presidential Decree Numbered Nine hundred fifty-seven, otherwise known as the "Subdivision and Condominium Buyers' Protective Decree," Presidential Decree Numbered Twelve hundred and sixteen, "Defining Open Space in Residential Subdivision"; Presidential Decree Numbered Ten Hundred and ninety-six, otherwise known as the "National Building Code of the Philippines"; and Presidential Decree Numbered Eleven hundred and eighty-five, otherwise known as the "Fire Code of the Philippines" and the rules and regulations promulgated thereunder, in consultation with the Ministry of Public Works and Highways, the Integrated National Police, and other appropriate government units and instrumentalities and private associations.
SECTION 4.
The standards and technical requirements to be established under Section three hereof shall provide for environmental ecology, hygiene and cleanliness, physical, cultural and spiritual development and public safety and may vary in each region, province or city depending on the availability of indigenous materials for building construction and other relevant factors.
SECTION 5.
The different levels of standards and technical requirements that shall be established and promulgated by the Ministry of Human Settlements only after public hearing and shall be published in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks and shall take effect thirty days after the last publication.
SECTION 6. This Act shall take effect upon its approval.
Approved, March 25, 1982. (P.B. No. 1880)
ANNEX A
RULES AND STANDARDS FOR ECONOMIC AND SOCIALIZED HOUSING PROJECTS TO IMPLEMENT BATAS PAMBANSA
Pursuant to Section 3 of Batas Pambansa Blg. 220 and by virtue of Section 4 (f) of Presidential Decree 1396, the following rules and levels of standards are hereby promulgated.
Pursuant to Section 3 of Batas Pambansa Blg. 220 and by virtue of Section 4 (f) of Presidential Decree 1396, the following rules and levels of standards are hereby promulgated.
RULE I
GENERAL PROVISIONS
SECTION 1. Scope of Application. —
These rules and standards shall apply to the development of economic and socialized housing projects in urban and rural areas as defined in Section 2 of BP Blg. 220. They shall apply to the development of either a house and lot or a house or lot only.
These rules and standards shall also apply in the case of individual lot owner who belong to the category of average of low income earners as defined in BP Blg. 220 and who shall cause the construction of their houses after the effectivity of these Rules.
SECTION 2. Declaration of Policies. —
It is a policy of the government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector in order to make available adequate economic and socialized housing units for averaged and low-income earners in urban and rural areas.
These rules and standards shall apply to the development of economic and socialized housing projects in urban and rural areas as defined in Section 2 of BP Blg. 220. They shall apply to the development of either a house and lot or a house or lot only.
These rules and standards shall also apply in the case of individual lot owner who belong to the category of average of low income earners as defined in BP Blg. 220 and who shall cause the construction of their houses after the effectivity of these Rules.
SECTION 2. Declaration of Policies. —
It is a policy of the government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector in order to make available adequate economic and socialized housing units for averaged and low-income earners in urban and rural areas.
RULE II
DEFINITION OF TERMS
SECTION 3.
As used in this rules, the following words and phrases are defined and understood to have the meaning correspondingly indicated therein.
ALLEY: A public way intended to serve both pedestrian and emergency vehicles, and also access to lots, both end always connecting to streets.
BLOCK: A parcel of land bounded on the sides by streets or alleys or pathways or other natural or manmade features, and occupied by or intended for buildings.
CLUSTER HOUSING: A single-family attached dwelling containing three or more separate living units grouped closely together to form relatively compact structures.
COMMISSION: Shall mean the Human Settlements Regulatory Commission.
COMMUNITY: Facilities or structures intended
FACILITIES to serve common needs and for the benefit of the community, such as: neighborhood/ multi-purpose center, health center, drugstore, school, livelihood center, etc.
DWELLING: A building designed or used as residence for one or more families.
Single-Family Detached — a dwelling for one family which is completely surrounded by permanent open spaces, with independent access, services, and use of land.
Single-Family Attached — a dwelling containing two or more separate living units each of which is separated from another by party or lot lines walls and provided with independent access, services, a use of land. Such dwelling shall include duplexes, row houses or terraces, and cluster housing.
Multi-Family Dwelling — a dwelling on one lot containing separate living units for 3 or more families, usually provided with common access, services, and use of land.
ECONOMIC AND: A type of housing project provided
SOCIALIZED HOUSING: to moderately low income families with lower interest
rates and longer amortization periods.
FIREBLOCK: Any wall which separate two abutting living units so as to resist the spread of fire. Such wall shall be of masonry construction e.g., cement hollow blocks, bricks, reinforced concrete, etc. at least "4" thick, and shall extend throughout the whole length of the living units and from the lowest portion of the wall adjoining the living units up to the point just below the roof covering of purlins.
FIRE-RESISTIVE: Fire resistive time period is the
TIME PERIOD: length of time a material can withstand being burned which may be one-hour, 2-hours, 3-hours, 4-hours, etc.
RATING FIRE WALL: A fireblock with extends vertically from the lowest portion of the wall which adjoins the 2 living units up to a minimum height of 0.30 meter above the highest portion of the roof attached to it; the fire wall shall also extend horizontally up to a minimum distance of 0.30 meter beyond the outermost edge of the abutting living units.
FRONTAGE: That part or end of a lot which abuts a street.
LIVING UNIT: A dwelling, or portion thereof, providing complete living facilities
for one family, including provisions for living, sleeping, cooking, eating, bathing and toilet facilities and laundry facilities, the same as a single family-dwelling.
LOT/PLOT: A portion of a subdivision or any parcel of land intended as a unit for transfer of ownership or for building development.
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.
OCCUPANCY: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
OPEN SPACE : Shall refer to areas allocated for the following purposes:
— Circulation
— Community facilities
— Park/Playground
— Easements
— Courts
PARTY WALL: A wall used jointly by two parties under easement agreement, erected upon a line separating two parcels of land each of which is a separate real estate.
PARK/PLAYGROUND: That portion of the subdivision which is generally not built on and intended for passive or active recreation.
PATHWALK/FOOTPATH: A public way intended for pedestrian and which cuts across a block to provide access to adjacent streets or property with maximum length of 100 meters if connecting to roads and 50 meters if terminating in a dead end.
ROW HOUSE: A single-family attached dwelling containing three 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, services, and use of land.
TECHNICAL: Shall refer to the set of documents
REQUIREMENTS required by the Commission the processing and of economic and socialized projects including and procedures the implementation enforcement of BP 220.
As used in this rules, the following words and phrases are defined and understood to have the meaning correspondingly indicated therein.
ALLEY: A public way intended to serve both pedestrian and emergency vehicles, and also access to lots, both end always connecting to streets.
BLOCK: A parcel of land bounded on the sides by streets or alleys or pathways or other natural or manmade features, and occupied by or intended for buildings.
CLUSTER HOUSING: A single-family attached dwelling containing three or more separate living units grouped closely together to form relatively compact structures.
COMMISSION: Shall mean the Human Settlements Regulatory Commission.
COMMUNITY: Facilities or structures intended
FACILITIES to serve common needs and for the benefit of the community, such as: neighborhood/ multi-purpose center, health center, drugstore, school, livelihood center, etc.
DWELLING: A building designed or used as residence for one or more families.
Single-Family Detached — a dwelling for one family which is completely surrounded by permanent open spaces, with independent access, services, and use of land.
Single-Family Attached — a dwelling containing two or more separate living units each of which is separated from another by party or lot lines walls and provided with independent access, services, a use of land. Such dwelling shall include duplexes, row houses or terraces, and cluster housing.
Multi-Family Dwelling — a dwelling on one lot containing separate living units for 3 or more families, usually provided with common access, services, and use of land.
ECONOMIC AND: A type of housing project provided
SOCIALIZED HOUSING: to moderately low income families with lower interest
rates and longer amortization periods.
FIREBLOCK: Any wall which separate two abutting living units so as to resist the spread of fire. Such wall shall be of masonry construction e.g., cement hollow blocks, bricks, reinforced concrete, etc. at least "4" thick, and shall extend throughout the whole length of the living units and from the lowest portion of the wall adjoining the living units up to the point just below the roof covering of purlins.
FIRE-RESISTIVE: Fire resistive time period is the
TIME PERIOD: length of time a material can withstand being burned which may be one-hour, 2-hours, 3-hours, 4-hours, etc.
RATING FIRE WALL: A fireblock with extends vertically from the lowest portion of the wall which adjoins the 2 living units up to a minimum height of 0.30 meter above the highest portion of the roof attached to it; the fire wall shall also extend horizontally up to a minimum distance of 0.30 meter beyond the outermost edge of the abutting living units.
FRONTAGE: That part or end of a lot which abuts a street.
LIVING UNIT: A dwelling, or portion thereof, providing complete living facilities
for one family, including provisions for living, sleeping, cooking, eating, bathing and toilet facilities and laundry facilities, the same as a single family-dwelling.
LOT/PLOT: A portion of a subdivision or any parcel of land intended as a unit for transfer of ownership or for building development.
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.
OCCUPANCY: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
OPEN SPACE : Shall refer to areas allocated for the following purposes:
— Circulation
— Community facilities
— Park/Playground
— Easements
— Courts
PARTY WALL: A wall used jointly by two parties under easement agreement, erected upon a line separating two parcels of land each of which is a separate real estate.
PARK/PLAYGROUND: That portion of the subdivision which is generally not built on and intended for passive or active recreation.
PATHWALK/FOOTPATH: A public way intended for pedestrian and which cuts across a block to provide access to adjacent streets or property with maximum length of 100 meters if connecting to roads and 50 meters if terminating in a dead end.
ROW HOUSE: A single-family attached dwelling containing three 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, services, and use of land.
TECHNICAL: Shall refer to the set of documents
REQUIREMENTS required by the Commission the processing and of economic and socialized projects including and procedures the implementation enforcement of BP 220.
RULE III
MINIMUM DESIGN STANDARDS AND REQUIREMENTS FOR ECONOMIC AND SOCIALIZED HOUSING
SECTION 4. Compliance with standards required. —
Development of economic and socialized housing project shall be in accordance with the minimum design standards herein set forth.
SECTION 5. Basis and objectives of the minimum design standards. —
The minimum design standards set forth herein are intended to provide minimum requirements within the generally accepted levels of safety, health and ecological considerations. Variations, however are also possible, as may be based on some specific regional, cultural and economic setting, e.g., building materials, space requirements and usage. The parameters used in formulating these 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) Power
6) Park/Playground
The provision of these basic needs shall be based on the actual setting within which the project site is located.
C. Affordability levels of target market
D. Location
The Actual setting of project site shall determine the type and degree of development to be required in a subdivision/housing project regardless of political boundaries. With respect to this, the degree on level of development shall be defined as follows:
1) Underdeveloped Area — characterized by the predominant absence of utility systems or networks, especially water supply, roads and power.
2) Developed Area — characterized by the predominant presence of utility systems or network, especially water supply, roads and power.
SECTION 6. Technical Guidelines. —
In determining whether an economic and socialized housing shall be allowed, the following guidelines shall be considered.
A. Suitability of Site
1. Physical Suitability
A potential site must have characteristics assuring healthful, safe and environmentally sound community life. It shall be stable enough to accommodate foundation load without excessive site works. Critical areas (e.g., areas subject to flooding, lands slides and street) must be avoided.
2. Slope
Flat to rolling terrain (0 to 5%) are preferable but housing development may take place up to 15% slopes, with flat lands (below 5%) for high density development and sloping area (5-15%) for low to medium density development. The latter slopes, however, should be capable of being developed for habitation at reasonable cost with assurance of stability for vertical construction.
3. Availability of basic needs
The prioritized basic needs cited earlier shall preferably be available within reasonable distance from the project site, but where these are not available, the same shall be provided for by the developer.
4. Conformity with the Zoning Ordinance or Land Use Plan of the City/Municipality
Generally, housing projects should conform with the Zoning Ordinance of the city/municipality where they are located. However, where there is no Zoning Ordinance or Land Use Plan, the dominant land use principle and site suitability factors cited herein shall be used in determining suitability of a project to a site.
Furthermore, if the project is undoubtedly supportive of other land uses and activities, (e.g., housing for industrial workers) said project shall be allowed.
B. Allowance for future development
Project design should consider not only the reduction of cost of development to a minimum but also provision for possible future improvement or expansion, as in the prescription of lot sizes, rights-of-way of roads, open space, allocation of areas for common uses and facilities.
C. Land Allocation
1. Saleable and non-saleable are
There shall be no fixed ratio between saleable portion and non-saleable portion of
a subdivision project.
2. Area allocated for Circulation System
The area allocated for the circulation system shall not be fixed, as long as the prescribed dimension and requirements for access (to both the project site and to dwelling units) specified in these Design Standards are complied with.
3. Area allocated for community facilities
Sites for community facilities shall be reserved or allocated by the developer, where such facilities may be constructed/put up the Homeowners Association as the need arises. Said sites shall be used exclusively for these facilities as defined in Rule II, and the area shall be exclusive of that area intended for park/playground.
The area allocated for community facilities shall vary with the density of the subdivision, i.e., number of lots and/or living units whichever is applicable, as shown in Table I.
Development of economic and socialized housing project shall be in accordance with the minimum design standards herein set forth.
SECTION 5. Basis and objectives of the minimum design standards. —
The minimum design standards set forth herein are intended to provide minimum requirements within the generally accepted levels of safety, health and ecological considerations. Variations, however are also possible, as may be based on some specific regional, cultural and economic setting, e.g., building materials, space requirements and usage. The parameters used in formulating these 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) Power
6) Park/Playground
The provision of these basic needs shall be based on the actual setting within which the project site is located.
C. Affordability levels of target market
D. Location
The Actual setting of project site shall determine the type and degree of development to be required in a subdivision/housing project regardless of political boundaries. With respect to this, the degree on level of development shall be defined as follows:
1) Underdeveloped Area — characterized by the predominant absence of utility systems or networks, especially water supply, roads and power.
2) Developed Area — characterized by the predominant presence of utility systems or network, especially water supply, roads and power.
SECTION 6. Technical Guidelines. —
In determining whether an economic and socialized housing shall be allowed, the following guidelines shall be considered.
A. Suitability of Site
1. Physical Suitability
A potential site must have characteristics assuring healthful, safe and environmentally sound community life. It shall be stable enough to accommodate foundation load without excessive site works. Critical areas (e.g., areas subject to flooding, lands slides and street) must be avoided.
2. Slope
Flat to rolling terrain (0 to 5%) are preferable but housing development may take place up to 15% slopes, with flat lands (below 5%) for high density development and sloping area (5-15%) for low to medium density development. The latter slopes, however, should be capable of being developed for habitation at reasonable cost with assurance of stability for vertical construction.
3. Availability of basic needs
The prioritized basic needs cited earlier shall preferably be available within reasonable distance from the project site, but where these are not available, the same shall be provided for by the developer.
4. Conformity with the Zoning Ordinance or Land Use Plan of the City/Municipality
Generally, housing projects should conform with the Zoning Ordinance of the city/municipality where they are located. However, where there is no Zoning Ordinance or Land Use Plan, the dominant land use principle and site suitability factors cited herein shall be used in determining suitability of a project to a site.
Furthermore, if the project is undoubtedly supportive of other land uses and activities, (e.g., housing for industrial workers) said project shall be allowed.
B. Allowance for future development
Project design should consider not only the reduction of cost of development to a minimum but also provision for possible future improvement or expansion, as in the prescription of lot sizes, rights-of-way of roads, open space, allocation of areas for common uses and facilities.
C. Land Allocation
1. Saleable and non-saleable are
There shall be no fixed ratio between saleable portion and non-saleable portion of
a subdivision project.
2. Area allocated for Circulation System
The area allocated for the circulation system shall not be fixed, as long as the prescribed dimension and requirements for access (to both the project site and to dwelling units) specified in these Design Standards are complied with.
3. Area allocated for community facilities
Sites for community facilities shall be reserved or allocated by the developer, where such facilities may be constructed/put up the Homeowners Association as the need arises. Said sites shall be used exclusively for these facilities as defined in Rule II, and the area shall be exclusive of that area intended for park/playground.
The area allocated for community facilities shall vary with the density of the subdivision, i.e., number of lots and/or living units whichever is applicable, as shown in Table I.
TABLE I
REQUIRED AREA FOR COMMUNITY FACILITIES ACCORDING TO DENSITY
Per ha
Community facilities shall be centrally located where they can serve maximum member of population, preferably near or side by side the park/playground.
4. Area allocated for Park/Playground
Provision for park/playground is required in all cases.
Allocation of areas for parks and playgrounds shall be exclusive of those allocated for community facilities and shall vary according to the density of lots and/or living units in the subdivision, whichever is applicable, as shown in Table 2.
4. Area allocated for Park/Playground
Provision for park/playground is required in all cases.
Allocation of areas for parks and playgrounds shall be exclusive of those allocated for community facilities and shall vary according to the density of lots and/or living units in the subdivision, whichever is applicable, as shown in Table 2.
TABLE 2
REQUIRED AREA FOR PARK/PLAYGROUND ACCORDING TO DENSITY
Per hectare
% of gross area of subdivision
Location of parks shall be based on hierarchy, accessibility and shall be free from hazard, risks, barriers, etc.
Landscaping (sodding and tree-planting) shall be done by the subdivision developer/owner.
Minimum size for a pocket park is 100 square meters.
D. Integration of project site with adjacent property and to the total development context of the city/municipality.
Land allocation and alignment of the various utilities (roads, drainage, power and water) of the subdivision should align and be integrated with those of existing networks as well as projects outside the boundaries of the project site, e.g., access roads (road connecting project site to the nearest public road) should follow the standard specification of the MPWH.
Hierarchy of roads (with respect to function and dimensions) shall be observed when planning the road network within the project site such that no major or minor road align with an alley or footpath.
SECTION 7. Design Standards and Planning Considerations. —
The following design standards and planning considerations shall be observed by all projects covered by these Rules.
A. Water Supply
1. Underdeveloped Area
Minimum requirement shall be provision of communal wells.
Water supply must be potable and adequate at least 43 liters per capita per day. Supply source shall be identified and developed by the project developer/owner.
Whenever a body of water shall be utilized for community waters supply, permits from the National Water Resource Council (NMRC) shall be obtained. Standards set by the Regional Water Resource Council (RWRC) on water source development shall be complied with. Each well shall be allocated approximately four (4) square meters area which shall form part of the area for community facilities (as defined in Rule II) and shall not encroach on any saleably lot or right of way.
2. Developed Area
Whenever a public water supply system exists, connection to it by the subdivision is mandatory. Each lot and/or living unit shall be served with water connection (regardless of the type of distribution system). Water supply provided by the local water district shall be complemented/supplemented by other sources, when necessary, such as communal well which may be located strategically for ease and convenience in fetching water by residents and at the same time not closer than 300 meters from each other.
If public water supply system is not available, the developer shall provide for an independent water supply system within the subdivision project. Minimum quantity requirement shall be 75 liters per capita per day.
Likewise, required permits from the NWRC shall be obtained and standards of the Local Water Utilities Administration shall be complied with.
If ground reservoir is to be put up, and area shall be allocated for this purpose (part of allocation for community facilities). The size shall depend on volume of water intended to be stored. Provide for protection from pollution namely, buffer of at least 25 meters from sources of pollution/contamination.
For elevated reservoir, structural design shall comply with accepted structural standards.
B. Circulation System
1. Circulation system shall be the same in both Underdeveloped Area and a Developed Area projects except for type of pavement which is adopted on regional or locational peculiarities of the project site.
Landscaping (sodding and tree-planting) shall be done by the subdivision developer/owner.
Minimum size for a pocket park is 100 square meters.
D. Integration of project site with adjacent property and to the total development context of the city/municipality.
Land allocation and alignment of the various utilities (roads, drainage, power and water) of the subdivision should align and be integrated with those of existing networks as well as projects outside the boundaries of the project site, e.g., access roads (road connecting project site to the nearest public road) should follow the standard specification of the MPWH.
Hierarchy of roads (with respect to function and dimensions) shall be observed when planning the road network within the project site such that no major or minor road align with an alley or footpath.
SECTION 7. Design Standards and Planning Considerations. —
The following design standards and planning considerations shall be observed by all projects covered by these Rules.
A. Water Supply
1. Underdeveloped Area
Minimum requirement shall be provision of communal wells.
Water supply must be potable and adequate at least 43 liters per capita per day. Supply source shall be identified and developed by the project developer/owner.
Whenever a body of water shall be utilized for community waters supply, permits from the National Water Resource Council (NMRC) shall be obtained. Standards set by the Regional Water Resource Council (RWRC) on water source development shall be complied with. Each well shall be allocated approximately four (4) square meters area which shall form part of the area for community facilities (as defined in Rule II) and shall not encroach on any saleably lot or right of way.
2. Developed Area
Whenever a public water supply system exists, connection to it by the subdivision is mandatory. Each lot and/or living unit shall be served with water connection (regardless of the type of distribution system). Water supply provided by the local water district shall be complemented/supplemented by other sources, when necessary, such as communal well which may be located strategically for ease and convenience in fetching water by residents and at the same time not closer than 300 meters from each other.
If public water supply system is not available, the developer shall provide for an independent water supply system within the subdivision project. Minimum quantity requirement shall be 75 liters per capita per day.
Likewise, required permits from the NWRC shall be obtained and standards of the Local Water Utilities Administration shall be complied with.
If ground reservoir is to be put up, and area shall be allocated for this purpose (part of allocation for community facilities). The size shall depend on volume of water intended to be stored. Provide for protection from pollution namely, buffer of at least 25 meters from sources of pollution/contamination.
For elevated reservoir, structural design shall comply with accepted structural standards.
B. Circulation System
1. Circulation system shall be the same in both Underdeveloped Area and a Developed Area projects except for type of pavement which is adopted on regional or locational peculiarities of the project site.
TABLE 3
HIERARCHY OF ROADS
Minor
6.50
5.00
space not required
connecting to an alley),
50 m. (dead end)
TABLE 4
MAXIMUM SIZES OF PROJECTS PER HIERARCHY OF ROAD
footpath.
major road to footpath as
cited in Table 3. (Model B of
PD 957)
service road, then major road to
footpath as cited in Table 3.
Model A of PD 957)
TABLE 5
PAVING MATERIAL SPECIFICATION PER TYPE OF ROAD
Note: Paving material for roads adopted from Models A and B (PD 957) shall have the same paving materials as cited herein, i.e., asphalt.
2. Planning Considerations or 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 enhance community interaction.
e) There shall be no duplications of street names and such names shall not bear any similarity to existing street names in adjacent subdivision, except when they are in continuation of existing ones. Street names shall be recognizable and readable.
The developer shall bear the cost of purchase and installation of street names/signs coincident with the construction of streets and utilities.
f) Sidewalks shall not be required when drainage system is through open canals; when drainage canals are covered or underground, the space above the canals shall be utilized as sidewalk.
C. Drainage System
Drainage system shall be required in all projects.
An open canal on each side of the circulation network shall be provided. Said canal shall have appropriate slope to effect good drainage. Moreover, the sides of the open canal shall be lined with grass or stones to prevent erosion. See illustration below.
In case of non-existence of drainage system in the locality, catchment area for drainage discharges shall be provided for and developed by the developer/owner in consultation with local authorities or private entities concerned, to prevent flooding of adjacent property. Moreover, said catchment are shall be made safe and maintained and shall form part of the park/playground requirement.
D. Sewage Disposal System
The minimum requirement for sewage disposal shall be the use of septic tank.
For single detached units and multi-unit buildings, communal septic tanks may be allowed.
Drainfield area of affluent shall be 25.00 meters minimum distance from any sources of water (well, spring, etc.).
E. Electrical Power Supply
1. Underdeveloped Area
Electrical power supply is optional. However, the developer shall allocate sufficient land area for easements for power supply facilities based on existing laws and regulations.
2. Developed Area
When power is available within the locality of the project site, its connection to the subdivision is required. Actual connection, however, may depend on the minimum number of users as required by the power supplier. Installation particles, materials and fixtures used, shall be in accordance with the provisions of the existing rules and regulations of the Electrical Code of the local power utility company.
F. Lot sizes
1. Minimum lot area requirement shall be as follows:
a) Detached dwelling unit — 72.00 sq. meters
b) Semi-detached dwelling unit
a. corner lot — 54.00 sq. meters
b. row house d.u. — 36.00 sq. meters
2. Lot Planning consideration (applicable to both Underdeveloped Area and Developed Area Projects).
a) A lot shall either be served by a road, motor court, an alley or a pathway.
b) Deep lots and irregularly shaped lots shall be avoided.
c) Lot elevation may be at grade, lower or higher than the elevation of the street but should not be so excessive as to effect good utility connection/run.
d) Lot lines shall be perpendicular or radial to street lines in appropriate cases.
e) Lot shall be protected against non- conforming uses and/or other risk through provision of adequate buffer strip, protective walls, and roads or other similar devices. On the other hand, lot shall be laid out that they front desirable views, such as parks, lagoon, etc.
f) Lot shall be so laid out that water courses/drainage ways do not bisect the lots.
g) Minimum lot frontages:
Single detached — 8.00 meters
Single attached — 6.00 meters
Row house/irregular lot — 3.50 meters
G. Block Length
Maximum block length is 250 meters. Block length exceeding 250 meters, but not beyond 400 meters, shall be provided by an alley at midlength.
H. Easements
Provisions for easements in both Under-developed Area and Developed Area projects shall be integrated with utility network/part of right of way.
I. Other Facilities
1. Garbage Disposal System
Garbage disposal shall be undertaken by the local government or in the absence thereof by individual lot owners, but shall always observe sanitary practices and methods.
2. Firefighting
The Homeowners Association shall form fire brigade in collaboration with the barangay fire brigade. Water for fire fighting shall be part of the water supply requirement and shall comply with the requirements of the local/district fire unit of the Integrated National Police.
SECTION 8. Building Design Standards and Guidelines. —
Projects incorporation housing components shall comply with the following design standards and guidelines.
A. Single Family Dwelling
1. Height Limitation — Maximum number of stories is two (2).
2. Unit Planning
a. Access to the Property. — Direct access to the single-family dwelling shall be provided by means of an abutting public street, alley or pathway.
b. Access to the dwelling unit. — An independent means of access to the dwelling unit shall be provided without trespassing adjoining properties. Acceptable means of access to the rear yard of the dwelling unit shall be provided without passing through any other dwelling unit or any other yard.
c. Open space requirements. — Open spaces shall be located totally or distributed anywhere within the lot in such a manner as to provide maximum light and ventilation into the building.
2. Planning Considerations or 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 enhance community interaction.
e) There shall be no duplications of street names and such names shall not bear any similarity to existing street names in adjacent subdivision, except when they are in continuation of existing ones. Street names shall be recognizable and readable.
The developer shall bear the cost of purchase and installation of street names/signs coincident with the construction of streets and utilities.
f) Sidewalks shall not be required when drainage system is through open canals; when drainage canals are covered or underground, the space above the canals shall be utilized as sidewalk.
C. Drainage System
Drainage system shall be required in all projects.
An open canal on each side of the circulation network shall be provided. Said canal shall have appropriate slope to effect good drainage. Moreover, the sides of the open canal shall be lined with grass or stones to prevent erosion. See illustration below.
In case of non-existence of drainage system in the locality, catchment area for drainage discharges shall be provided for and developed by the developer/owner in consultation with local authorities or private entities concerned, to prevent flooding of adjacent property. Moreover, said catchment are shall be made safe and maintained and shall form part of the park/playground requirement.
D. Sewage Disposal System
The minimum requirement for sewage disposal shall be the use of septic tank.
For single detached units and multi-unit buildings, communal septic tanks may be allowed.
Drainfield area of affluent shall be 25.00 meters minimum distance from any sources of water (well, spring, etc.).
E. Electrical Power Supply
1. Underdeveloped Area
Electrical power supply is optional. However, the developer shall allocate sufficient land area for easements for power supply facilities based on existing laws and regulations.
2. Developed Area
When power is available within the locality of the project site, its connection to the subdivision is required. Actual connection, however, may depend on the minimum number of users as required by the power supplier. Installation particles, materials and fixtures used, shall be in accordance with the provisions of the existing rules and regulations of the Electrical Code of the local power utility company.
F. Lot sizes
1. Minimum lot area requirement shall be as follows:
a) Detached dwelling unit — 72.00 sq. meters
b) Semi-detached dwelling unit
a. corner lot — 54.00 sq. meters
b. row house d.u. — 36.00 sq. meters
2. Lot Planning consideration (applicable to both Underdeveloped Area and Developed Area Projects).
a) A lot shall either be served by a road, motor court, an alley or a pathway.
b) Deep lots and irregularly shaped lots shall be avoided.
c) Lot elevation may be at grade, lower or higher than the elevation of the street but should not be so excessive as to effect good utility connection/run.
d) Lot lines shall be perpendicular or radial to street lines in appropriate cases.
e) Lot shall be protected against non- conforming uses and/or other risk through provision of adequate buffer strip, protective walls, and roads or other similar devices. On the other hand, lot shall be laid out that they front desirable views, such as parks, lagoon, etc.
f) Lot shall be so laid out that water courses/drainage ways do not bisect the lots.
g) Minimum lot frontages:
Single detached — 8.00 meters
Single attached — 6.00 meters
Row house/irregular lot — 3.50 meters
G. Block Length
Maximum block length is 250 meters. Block length exceeding 250 meters, but not beyond 400 meters, shall be provided by an alley at midlength.
H. Easements
Provisions for easements in both Under-developed Area and Developed Area projects shall be integrated with utility network/part of right of way.
I. Other Facilities
1. Garbage Disposal System
Garbage disposal shall be undertaken by the local government or in the absence thereof by individual lot owners, but shall always observe sanitary practices and methods.
2. Firefighting
The Homeowners Association shall form fire brigade in collaboration with the barangay fire brigade. Water for fire fighting shall be part of the water supply requirement and shall comply with the requirements of the local/district fire unit of the Integrated National Police.
SECTION 8. Building Design Standards and Guidelines. —
Projects incorporation housing components shall comply with the following design standards and guidelines.
A. Single Family Dwelling
1. Height Limitation — Maximum number of stories is two (2).
2. Unit Planning
a. Access to the Property. — Direct access to the single-family dwelling shall be provided by means of an abutting public street, alley or pathway.
b. Access to the dwelling unit. — An independent means of access to the dwelling unit shall be provided without trespassing adjoining properties. Acceptable means of access to the rear yard of the dwelling unit shall be provided without passing through any other dwelling unit or any other yard.
c. Open space requirements. — Open spaces shall be located totally or distributed anywhere within the lot in such a manner as to provide maximum light and ventilation into the building.
TABLE 6
PRIVATE OPEN SPACE REQUIREMENT
private access road).
or single frontage lot)
lot
(3) or more sides by public open spaces such as streets, easement of seashores, rivers, esteros, etc.
d. Sizes and Dimensions of Courts and Yards. — The minimum horizontal dimension of courts and yards shall be not less than 2.0 meters. All inner courts shall be connected to a street of yard, either by a passageway with a minimum width of 1.20 meters or by a door through a room or rooms.
Every court shall have a width of not less than 2.0 meters for one and two-storey buildings. However, this may be reduced to not less than 1.50 meters in cluster living units such as quadruplexes, row-houses and the like one or two storeys in height with adjacent courts with an area of not less than 3.00 square meters. Provided, further, that the separation walls or fences, if any, shall be not higher than 2.00 meters. Irregularly shaped lots such as triangular lots and the like whose courts may be also triangular in shape may be exempted from having a minimum width of 2.0 meters, provided that no side thereof shall be less than 3.0 meters.
e. Abutments. — Abutments may be permitted on all sides provided that:
a. A fire wall starting from the ground level and extending at least 0.30 meters from the roof line is constructed.
b. There shall be no opening on the party fire wall.
c. The fire wall shall have a minimum of one-hour fire resistive rating.
3. Building Design Standards
a. Space Standards. —
Spaces within the dwelling structure shall be distributed in an economical, efficient and practical manner so as to afford the maximum living comfort and convenience and to insure health and safety among the occupants. It shall provide complete living facilities for one family including provisions for living, sleeping, laundry, cooking, eating, bathing and toilet facilities.
b. Floor Area Requirement. —
The minimum floor area requirement for single-family dwelling shall be 20.00 square meters.
c. Ceiling Heights
1. Minimum ceiling height for habitable measured from the finished floor line to the ceiling line. Where ceilings are not provided, a minimum headroom clearance of 2.00 meters shall be provided.
2. Mezzanine floors shall have a clear ceiling height of not less than 1.80 meters above and below it, provided that it shall not cover 50% of the floor area below it.
d. Openings
1. Doors
a. A minimum of one entrance/exit shall be provided where the number of occupants is not more than 10; two (2) entrance/exits where the number of occupants is greater than 10.
b. Doors shall have a minimum clear height of 2.00 meters. Except for bathroom doors and doors in the mezzanine which shall have a minimum clear height of 1.80 meters.
c. Minimum clear widths shall be the following:
Main Door 0.80 meters
Service Door/
Bedroom Door 0.70 meters
Bathroom Door 0.60 meters
2. Windows
A. Rooms for habitable use shall be provided with windows with a total free area of openings equal to at least 10% of the floor area of the room.
B. Bathrooms shall be provided with window/s with an area not less than 1/20 of its floor area.
C. Required windows may open into a roofed porch where the porch:
a) Abuts a court, yard, public street or alley, or open water course and other public open spaces;
b) Has a ceiling height of not less than 2.00 m.
e. Interior Stairs. —
The stairs shall ensure structural safety for ascent and descent, even in extreme cases of emergency. It shall afford adequate headroom and space for the passage of furniture.
1. Width. — Stairways shall have a minimum clear width of 0.60 meters.
2. Rise and Run. — Stairs shall have a maximum riser height of 0.25 meters and a minimum tread width of 0.20 meters. Stairs treads shall be exclusive of nosings and/or other projections.
3. Headroom Clearance. — Stairs shall have a minimum headroom clearance of 2.00 meters. Such clearance shall be established by measuring vertically from a place parallel and tangent to the stairway tread moving to the soffit above all points.
4. Landings. — Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway. Maximum height between landing shall be 2.60 meters.
5. Handrails. — Stairways shall have at least one handrail on one side provided there is a guard or wall on the other side. However, stairways have less than four (4) risers need not have handrails, and stairs with either a guard or wall on one end need not be provided with a handrail on that end.
6. Guard and Handrail details. — The design of guards and handrails and hardware for attaching handrails to guards, balusters or masonry walls shall be such that these are made safe and convenient.
a. Handrails on stairs shall not be less than 0.80 meters nor more than 1.20 meters above the upper surface of the tread, measured vertically to the top of the rail from the lending edge of the tread.
b. Handrails shall be so designed as to permit continuous sliding of hands on them and shall be provided with a minimum clearance of 38 mm. from the wall to which they are fastened.
c. The height of guards shall be measured vertically to the top guard from the leading edge of the tread or from the floor of landings. It shall not be less than 0.80 meters and no more than 1.20 meters. Masonry walls may be used for any portion of the guard.
7. Winding and circular stairways. — Winders and circular stairways may be used if the required width of run is provided at a point not more than 300 millimeters from the side of the stairway where the treads are narrower but in no case shall any width of run be less than 150 mm. at any point. The maximum variation in the height of risers and the width of treads in any one flight shall be 5 mm.
8. Ladders. — The use of ladders be allowed provided that the maximum distance between landings shall be meters.
f. Roofing. —
Roofing material that is impervious to water shall be provided.
g. Electrical Requirements. —
There shall be provided at least one light outlet and one convenience outlet per activity area.
h. Fireblocks. —
When any two (2) living units abut each other, a fireblock shall be required in which case the fireblock shall be the masonry construction (e.g., cement hollow blocks, bricks, reinforced concrete, etc.), at least 4" thick, and shall extend from the lowest portion of the wall adjoining the 2 living units up to the point just below the road covering or purlins.
i. Abutments. —
Whenever a dwelling abuts on a property line a fire wall shall be required. The fire wall shall be of masonry construction, at least 4" thick, and extend vertically from the lowest portion of the wall adjoining the living units up to a minimum height of 0.30 meters above the highest point of the roof attached to it the fire wall shall also extend horizontally up to a minimum distance of 0.30 m. beyond the outermost edge of the abutting living units.
No openings whatsoever shall be allowed except when the two abutting spaces of two (2) adjacent living units are unenclosed or partially open, e.g., carports, terraces, patios, etc.; instead a separation wall shall be required.
B. Multi-Family Dwellings
1. Plot Planning
a. Access to the property. — Direct vehicular access to the property shall be provided by means of an abutting improved public street or alley.
b. Access to the dwelling. — An independent means of access shall be provided to each dwelling, or group of dwellings in a single plot, without trespassing adjoining properties. Each dwelling must be capable of maintenance without trespassing adjoining properties. Utilities and service facilities must be independent for each dwelling unit.
Each dwelling unit shall be provided with a sanitary means for the removal of garbage and trash.
c. Access to living units. — An independent means of access to each living units shall be provided without passing through any yard of a living unit or any other yard.
d. Non-residential use. — Portions of the property may be designed or used for non-residential use provided the type of non- residential use is harmonious or compatible with the residential character of the property. Some examples of allowable non-residential uses are garages, carports, cooperative store, and structures for the homeowners' association.
Any non-residential use of any portion of the property shall be subordinate to the residential use and character of the property. The floor area authorized for non-residential use, whether in the principal dwelling structure or in any accessory building, shall not exceed 25% of the total residential area.
The computation of the non-residential area shall include hallways, corridors or similar spaces which serve both residential and non-residential areas.
e. Open Space Requirements. — Portions of the property shall be devoted to open space to provide for adequate light, ventilation and fire safety.
1. Setbacks from the property line shall be maintained, the minimum of which shall be the following:
Through
3 or more
streets, alleys,
rivers, esteros
2. Distance between building shall also be adequately maintained to ensure light and ventilation.
In general, the minimum distance between 2 buildings in which the taller buildings has not more than two (2) storeys shall be 4.00 meter. And the minimum horizontal clearance between the two roof eaves shall be 1.50 meters.
The minimum distance between two buildings wherein the taller building has three (3) or four (4) storeys, shall be 6.00 meters. And the minimum horizontal clearance between the two roof eaves shall be 2.00 meters.
The minimum distance between buildings with more than four (4) storeys shall be 10 meters. The minimum horizontal clearance shall be 6 meters.
Except, however, in cases when the two sides of the buildings facing each other are blank walls, i.e., either there are no openings or only minimal openings for comfort rooms, the minimum distance between the buildings shall be 2.00 meters. And the horizontal clearance between the roof eaves shall be 1.00 meter.
In the measurement of distances between two buildings, measurement shall be made where the distance between the two buildings is shortest.
f. Parking Requirements. — For multi-family dwellings, a minimum of one (1) parking space for every twenty (20) living units shall be provided.
2. Building Design Stamps
a. Living Units. — In general, all building design standards for the single-family dwelling shall apply for all living units of multi-family dwellings, except that, the minimum floor are of living unit in multi-family dwellings shall be 36.00 square meters.
b. Exits. — Exit requirements of a building or portion thereof shall be determined by the occupant load which gives the largest number of persons. No obstruction shall be placed in the required width of an exit except projections permitted by these implementing rules and regulations.
The occupant load in any building or portion thereof shall be determined by multiplying the no. of living units by six (6).
1. No of Exits. — Every multi-family dwelling or usable portion thereof, shall have at least one exist. Floors above the first storey shall have at least two exists, which shall be remote from each other, irrespective of the occupant load in the same storey.
The number of exits required from any storey of a building shall be determined by using the occupant loads of floors which exit through the level under consideration as follows: 50% of the first adjacent storey above (and the first adjacent storey below, when a storey below exits through the level under considerations) and 25% of the occupant load in the storey immediately beyond the first adjacent storey. The maximum number of exits required for any storey shall be maintained until egress is provided from the structures. For purposes of this Section basement or cellars and occupied roofs shall be provided with exits as required for storeys.
2. Width. — Exits serving living units with occupant load of 50 or less shall have a minimum width of 0.80 meters. For every additional occupant load of 25 or fractions thereof, and additional width of 0.15 meters shall be provided. The total exit width required from any storey of a building may be divided approximately equally among the separate exits, provided the minimum width of 0.80 meters is maintained.
The total exit width required from any storey of a building shall be determined by using the occupant load of that storey plus the percentage of the occupant loads of floors which exit through the level under consideration as follows: fifty (50) of the occupant load in the first adjacent storey above and the first adjacent below when a storey below exits through the level under consideration and twenty-five (25) percent of occupant load in the storey immediately beyond the first adjacent storey. The maximum exit width from any storey of a building shall be maintained.
3. Arrangement of Exits. — Distance between any two exits shall be such that they shall be remote from each other and as arranged and constructed to minimize any possibility that both may be blocked by any one fire or other emergency condition, provided that it shall not be less than one fifth the perimeter of the area served, measured in a straight line between the exits.
4. Distance to Exits. — No point in a building shall be more than 45.00 meters from an exterior exit door, a horizontal exit, exit passageway, or an enclosed stairway, measured along the line of travel. In a building equipped with the complete, automotive fire extinguishing system the distance from exits may be increased to 60.00 meters.
5. Automatic Smoke Detection Alarm Initiating Device. — Automatic smoke detection alarm initiating devices shall be installed in every family dwelling unit located and adjusted to operate reliably in case of abnormal accumulation of smoke in any part of the protected area. Installation of smoke detection alarm initiating device shall be approved for the particular application, location and spacing.
c. Corridors and Exterior Exit Balconies. — The provisions herein shall apply to every corridor and exterior exit balcony serving as a required exit for an occupant load of more than fifty (50).
1. Width. — Every corridor or exit balcony shall not be less than 1.20 meters in width.
2. Projections. — The required width of corridors and exit balconies shall be unobstructed. Doors in any position shall not reduce the required width of the corridor by more than one-half.
3. Access to Exits. — When more than one exit is required, they shall be so arranged to allow going to either direction from any dead end point.
4. Dead Ends. — Corridors and exterior exit balconies with dead ends are permitted when the dead end not exceed 12.00 meters in length.
5. Construction. — Walls of corridors above the first storey shall be of masonry (e.g. CHB, bricks, titles, etc.). Ceilings shall likewise be fire-resistive Provided, however, that this requirement shall not apply to corridors formed by temporary partitions.
Exterior exit balconies shall not project into an area where protected openings are required.
6. Openings. — Where corridor walls are required to be fire-resistive, every interior door opening shall be protected as set forth in generally recognized and accepted requirements for dual purpose fire exit doors. The total are of all openings other than doors, in any portion of an interior corridor wall shall not exceed twenty-five (25) per cent of the area of the corridor wall of the room being separated from the corridor.
7. Ramps. — Changes in floor elevation of less than 300 meters along any exit serving a tributary occupant load of 10 or more shall be by means of ramps. The maximum allowable slope for ramps is fifteen (15) percent.
d. Common Stairways. — Except for stairs or ladders used only to serve as access to equipment, every stairway inside a multi-family dwelling serving two or more living units shall conform to the following design requirements:
1. Width. — Stairways serving two or more living units with an occupant load of 50 or less shall have a minimum clear width of 0.90 meters. Stairways serving living units with an occupant load more than 50 shall not be less than 1.00 meter in width.
2. Rise and Run. — Stairs shall have a maximum riser height of 0.20 m. and minimum tread width of 0.25 m. Stairs shall be exclusive of nosing and/or other projections. The maximum variation in the height of risers and the width of treads in any one flight shall be 5 m.
3. Landings. — Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway, however, such dimension need not exceed 1.20 meters when the stair has a straight run. Landings shall not be reduced in width by more than 100 millimeters by a door when fully opened.
4. Basement Stairways. — When a basement stairway to an upper storey terminate in the same exit enclosure, an approved barrier shall be provided to prevent persons from continuing on to the basement. Directional exit signs shall be provided.
5. Distance between Landings. — There shall not be more than 3.60 meters vertical distance between landings.
6. Handrails. — Stairways less than 3.00 m. in width shall have at least one handrail on one side, provided there is a guard or wall on the other side. Stairways measuring 3.00 m. to 3.50 m. in width shall have two handrails. Stairways more than 3.50 m. wide shall have at least one intermediate handrail for every 3.00 m. of required width. Intermediate handrails shall be spaced approximately equal within the entire width of the stairway. Except that stairways having less than four (4) risers need not have handrails and stairs with either a guard or wall on one end need not be provided with a handrail on that end.
7. Handrail Details. — Handrails shall be placed not less than 0.80 m. nor more than 1.00 m. above the nosing or treads. Ends of handrails shall terminate in newel pests or safety terminals.
8. Distance to Stairs. — Per floors above the first storey, the maximum travel distance from the exit door of a living unit to the stairway shall be 24.00 meters.
9. Stairway to Roof . — In every building four or more storeys in height, one stairway shall extend to the roof unless the roof has a slope greater than 1 in 3.
10. Headroom. — Every common stairway shall have a headroom clearance of not less than 2.00 meters. Such clearance shall be established by measuring vertically from a plane parallel and tangent to the stairway tread nosing to the soffit above all points.
e. Utilities and Services. — To ensure healthful and livable conditions in the project, basic utilities and services shall be provided, the minimum requirements of which shall be:
1. Water Supply. — Water supply shall be adequate in amount and reasonably free from chemical and physical impurities; a main service connection and a piping system with communal faucets to serve the common areas like the garden, driveways, etc. shall be provided. Pipes branching out from the main water line shall service the individual units which shall be provided with individual water meters.
2. Power Supply/Electrical Service. — If available in the vicinity, a main power service shall be provided with a main circuit to service common lighting as well as common power needs of the dwelling. Like the water system, however, branch circuits with separate meters shall service the individual living units.
3. Drainage System. — Surface run-offs shall be channeled to appropriate repositories.
4. Sewage Disposal System. — Sewage disposal may be accomplished by any of the following means:
a. Discharge to an existing public sewerage system.
b. Treatment in a community disposal, plant, or communal septic tank.
c. Treatment in individual septic tanks with disposal by absorption field or leaching pit.
5. Garbage Disposal System. There shall be provided adequate services for the regular collection and disposal of garbage and rubbish.
C. General Construction Requirements
1. Structural Requirements
All construction shall conform with the provisions of the latest edition of the Philippine Structural Code.
2. Electrical Requirements
All electrical systems, equipment and installation shall conform with the provisions of the latest edition of the Philippine Electrical Code and the requirements of the electric utility that serves the locality.
3. Sanitary Requirements
All sanitary systems, equipment and installation shall conform with the provisions of the latest edition of the National Plumbing Code.
4. Construction Materials
The use of indigenous materials for site development and construction of dwellings shall be encouraged, as long as these are in conformity with the requirements of these Rules and ensures a building life span of at least 25 years, or in a correspondence to loan terms of payment.
SECTION 9. Variances/Exemptions. —
Variances from these standards and requirements may be granted when strict observance hereof will cause unnecessary hardship to the owner/developer or prejudice intended beneficiaries such as in the case of regional considerations/characteristics, peculiarities of the location and other relevant factors.
In general, the minimum distance between 2 buildings in which the taller buildings has not more than two (2) storeys shall be 4.00 meter. And the minimum horizontal clearance between the two roof eaves shall be 1.50 meters.
The minimum distance between two buildings wherein the taller building has three (3) or four (4) storeys, shall be 6.00 meters. And the minimum horizontal clearance between the two roof eaves shall be 2.00 meters.
The minimum distance between buildings with more than four (4) storeys shall be 10 meters. The minimum horizontal clearance shall be 6 meters.
Except, however, in cases when the two sides of the buildings facing each other are blank walls, i.e., either there are no openings or only minimal openings for comfort rooms, the minimum distance between the buildings shall be 2.00 meters. And the horizontal clearance between the roof eaves shall be 1.00 meter.
In the measurement of distances between two buildings, measurement shall be made where the distance between the two buildings is shortest.
f. Parking Requirements. — For multi-family dwellings, a minimum of one (1) parking space for every twenty (20) living units shall be provided.
2. Building Design Stamps
a. Living Units. — In general, all building design standards for the single-family dwelling shall apply for all living units of multi-family dwellings, except that, the minimum floor are of living unit in multi-family dwellings shall be 36.00 square meters.
b. Exits. — Exit requirements of a building or portion thereof shall be determined by the occupant load which gives the largest number of persons. No obstruction shall be placed in the required width of an exit except projections permitted by these implementing rules and regulations.
The occupant load in any building or portion thereof shall be determined by multiplying the no. of living units by six (6).
1. No of Exits. — Every multi-family dwelling or usable portion thereof, shall have at least one exist. Floors above the first storey shall have at least two exists, which shall be remote from each other, irrespective of the occupant load in the same storey.
The number of exits required from any storey of a building shall be determined by using the occupant loads of floors which exit through the level under consideration as follows: 50% of the first adjacent storey above (and the first adjacent storey below, when a storey below exits through the level under considerations) and 25% of the occupant load in the storey immediately beyond the first adjacent storey. The maximum number of exits required for any storey shall be maintained until egress is provided from the structures. For purposes of this Section basement or cellars and occupied roofs shall be provided with exits as required for storeys.
2. Width. — Exits serving living units with occupant load of 50 or less shall have a minimum width of 0.80 meters. For every additional occupant load of 25 or fractions thereof, and additional width of 0.15 meters shall be provided. The total exit width required from any storey of a building may be divided approximately equally among the separate exits, provided the minimum width of 0.80 meters is maintained.
The total exit width required from any storey of a building shall be determined by using the occupant load of that storey plus the percentage of the occupant loads of floors which exit through the level under consideration as follows: fifty (50) of the occupant load in the first adjacent storey above and the first adjacent below when a storey below exits through the level under consideration and twenty-five (25) percent of occupant load in the storey immediately beyond the first adjacent storey. The maximum exit width from any storey of a building shall be maintained.
3. Arrangement of Exits. — Distance between any two exits shall be such that they shall be remote from each other and as arranged and constructed to minimize any possibility that both may be blocked by any one fire or other emergency condition, provided that it shall not be less than one fifth the perimeter of the area served, measured in a straight line between the exits.
4. Distance to Exits. — No point in a building shall be more than 45.00 meters from an exterior exit door, a horizontal exit, exit passageway, or an enclosed stairway, measured along the line of travel. In a building equipped with the complete, automotive fire extinguishing system the distance from exits may be increased to 60.00 meters.
5. Automatic Smoke Detection Alarm Initiating Device. — Automatic smoke detection alarm initiating devices shall be installed in every family dwelling unit located and adjusted to operate reliably in case of abnormal accumulation of smoke in any part of the protected area. Installation of smoke detection alarm initiating device shall be approved for the particular application, location and spacing.
c. Corridors and Exterior Exit Balconies. — The provisions herein shall apply to every corridor and exterior exit balcony serving as a required exit for an occupant load of more than fifty (50).
1. Width. — Every corridor or exit balcony shall not be less than 1.20 meters in width.
2. Projections. — The required width of corridors and exit balconies shall be unobstructed. Doors in any position shall not reduce the required width of the corridor by more than one-half.
3. Access to Exits. — When more than one exit is required, they shall be so arranged to allow going to either direction from any dead end point.
4. Dead Ends. — Corridors and exterior exit balconies with dead ends are permitted when the dead end not exceed 12.00 meters in length.
5. Construction. — Walls of corridors above the first storey shall be of masonry (e.g. CHB, bricks, titles, etc.). Ceilings shall likewise be fire-resistive Provided, however, that this requirement shall not apply to corridors formed by temporary partitions.
Exterior exit balconies shall not project into an area where protected openings are required.
6. Openings. — Where corridor walls are required to be fire-resistive, every interior door opening shall be protected as set forth in generally recognized and accepted requirements for dual purpose fire exit doors. The total are of all openings other than doors, in any portion of an interior corridor wall shall not exceed twenty-five (25) per cent of the area of the corridor wall of the room being separated from the corridor.
7. Ramps. — Changes in floor elevation of less than 300 meters along any exit serving a tributary occupant load of 10 or more shall be by means of ramps. The maximum allowable slope for ramps is fifteen (15) percent.
d. Common Stairways. — Except for stairs or ladders used only to serve as access to equipment, every stairway inside a multi-family dwelling serving two or more living units shall conform to the following design requirements:
1. Width. — Stairways serving two or more living units with an occupant load of 50 or less shall have a minimum clear width of 0.90 meters. Stairways serving living units with an occupant load more than 50 shall not be less than 1.00 meter in width.
2. Rise and Run. — Stairs shall have a maximum riser height of 0.20 m. and minimum tread width of 0.25 m. Stairs shall be exclusive of nosing and/or other projections. The maximum variation in the height of risers and the width of treads in any one flight shall be 5 m.
3. Landings. — Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway, however, such dimension need not exceed 1.20 meters when the stair has a straight run. Landings shall not be reduced in width by more than 100 millimeters by a door when fully opened.
4. Basement Stairways. — When a basement stairway to an upper storey terminate in the same exit enclosure, an approved barrier shall be provided to prevent persons from continuing on to the basement. Directional exit signs shall be provided.
5. Distance between Landings. — There shall not be more than 3.60 meters vertical distance between landings.
6. Handrails. — Stairways less than 3.00 m. in width shall have at least one handrail on one side, provided there is a guard or wall on the other side. Stairways measuring 3.00 m. to 3.50 m. in width shall have two handrails. Stairways more than 3.50 m. wide shall have at least one intermediate handrail for every 3.00 m. of required width. Intermediate handrails shall be spaced approximately equal within the entire width of the stairway. Except that stairways having less than four (4) risers need not have handrails and stairs with either a guard or wall on one end need not be provided with a handrail on that end.
7. Handrail Details. — Handrails shall be placed not less than 0.80 m. nor more than 1.00 m. above the nosing or treads. Ends of handrails shall terminate in newel pests or safety terminals.
8. Distance to Stairs. — Per floors above the first storey, the maximum travel distance from the exit door of a living unit to the stairway shall be 24.00 meters.
9. Stairway to Roof . — In every building four or more storeys in height, one stairway shall extend to the roof unless the roof has a slope greater than 1 in 3.
10. Headroom. — Every common stairway shall have a headroom clearance of not less than 2.00 meters. Such clearance shall be established by measuring vertically from a plane parallel and tangent to the stairway tread nosing to the soffit above all points.
e. Utilities and Services. — To ensure healthful and livable conditions in the project, basic utilities and services shall be provided, the minimum requirements of which shall be:
1. Water Supply. — Water supply shall be adequate in amount and reasonably free from chemical and physical impurities; a main service connection and a piping system with communal faucets to serve the common areas like the garden, driveways, etc. shall be provided. Pipes branching out from the main water line shall service the individual units which shall be provided with individual water meters.
2. Power Supply/Electrical Service. — If available in the vicinity, a main power service shall be provided with a main circuit to service common lighting as well as common power needs of the dwelling. Like the water system, however, branch circuits with separate meters shall service the individual living units.
3. Drainage System. — Surface run-offs shall be channeled to appropriate repositories.
4. Sewage Disposal System. — Sewage disposal may be accomplished by any of the following means:
a. Discharge to an existing public sewerage system.
b. Treatment in a community disposal, plant, or communal septic tank.
c. Treatment in individual septic tanks with disposal by absorption field or leaching pit.
5. Garbage Disposal System. There shall be provided adequate services for the regular collection and disposal of garbage and rubbish.
C. General Construction Requirements
1. Structural Requirements
All construction shall conform with the provisions of the latest edition of the Philippine Structural Code.
2. Electrical Requirements
All electrical systems, equipment and installation shall conform with the provisions of the latest edition of the Philippine Electrical Code and the requirements of the electric utility that serves the locality.
3. Sanitary Requirements
All sanitary systems, equipment and installation shall conform with the provisions of the latest edition of the National Plumbing Code.
4. Construction Materials
The use of indigenous materials for site development and construction of dwellings shall be encouraged, as long as these are in conformity with the requirements of these Rules and ensures a building life span of at least 25 years, or in a correspondence to loan terms of payment.
SECTION 9. Variances/Exemptions. —
Variances from these standards and requirements may be granted when strict observance hereof will cause unnecessary hardship to the owner/developer or prejudice intended beneficiaries such as in the case of regional considerations/characteristics, peculiarities of the location and other relevant factors.
RULE IV
APPLICATION AND APPROVAL OF PLANS AND BUILDING DESIGNS
SECTION 10. Approval Required. —
No development of economic and socialized housing projects shall be allowed without having complied with the standards and approval procedures set forth in these Rules.
SECTION 11. Approval of Proposed Residential Houses of Average and Low- Income Earners. —
Individual lot owners who are average and low-income earners as defined by BP 220 may construct their individual residential houses in the manner provided by these rules, provided that:
1. They secure project approval from the Ministry of Human Settlements prior to their construction; and
2. They utilize MHS approved stock plans or they submit their proposed building plans to the Ministry for approval.
Whenever applicable, the procedures and documents required under this Rule in the case of other housing projects shall also be observed in case of individual residential projects.
SECTION 12. Establishment of an Integrated Approval System. —
There is hereby established and INTEGRATED APPROVAL SYSTEM which shall be applicable exclusively to the evaluation and approval of all proposed economic and socialized housing projects whether the development is for a house and lot or for a house or lot only.
Upon the effectivity of these Rules, all proposed economic and socialized housing projects shall be required to secure only the INTEGRATED APPROVAL set forth herein which shall take the place of permits and clearances required under Presidential Decree Numbers 957, 1216, 1096 and 1185 and their implementing rules and regulations.
SECTION 13. Where Application for Integrated Approval Made. —
Applications for integrated approval shall be made with the Ministry of Human Settlements through its regulatory arm, the Human Settlements Regulatory Commission which is hereby authorized to prescribe application requirements and impose the necessary conditions on approvals and applications.
SECTION 14. How Application Made. —
Application for Integrated Approval shall be made by accomplishing in duplicate copies an application form duly prescribed by the Commission.
The application form shall be accompanied by the following documents:
a) Development cost estimate and payment scheme for amortization;
b) Statement of potential and funding sources, preferably attested to by an accountant;
c) Program of development, indicating phasing and schedule;
d) Locational Clearance issued by the Commission;
e) Certified xerox copy of owners certificate of title or other sufficient evidence of ownership; if applicant is not the owner, authority to develop and sell;
f) At least two (2) sets of sketch plan and site development plan, showing general pattern and layout of development, including location of streets and proposed access roads, power and other utility lines, residential areas and open spaces for parks, playgrounds and community facilities;
g) Location and vicinity map, drawn to a required scale, indicating location,
intensity and nature of surrounding land uses within one (1) kilometers radius;
h) Written options to avail of the MHS Stock Plans, indicating specific model(s) desired, or in the absence thereof, at least two (2) sets each of the following:
1. Architectural drawing
2. Detailed structural plans and specification including cost estimates
3. Detailed engineering drawing
i) Certification from the Ministry of Agrarian Reform that the Land is not tenanted and/or is not covered by operation land transfer;
j) Sworn statement as to nature, number and income level of beneficiaries.
SECTION 15. Evaluation of Land Development and Structural Design Components of Project. —
Should the project be found locationally viable, the Commission shall proceed to determine whether the land development scheme and building design is in accordance with the standards set forth in these Rules.
Where the developer or applicant has opted to avail of the pre-approved plans of the Commission, there shall be no necessity for evaluating building design except with respect to the suitability thereof to project site and its harmony/compatibility with the land development scheme. Should the design be found unsuitable/incompatible, the developer may be asked to alter/revise his choice. The Commission may extend technical assistance in the choice of the appropriate model.
Where the developer does not avail of said plans and presents his own design and specifications, the Commission shall evaluate the building component of the project as to structural, fire safety and functionality. The review of such building plans and specifications shall be in accordance with the standards set forth in these Rules.
SECTION 16. Pre-Approval of Building Plans. —
The Commission shall formulate model building plans and design or may approve plans submitted by duly qualified professionals which plans shall be considered pre-approved and may be utilized by the developer/proponent.
SECTION 17. Validity of Development Approval. —
Development permits shall be valid for a period of one (1) year and should activity be not commenced within said period, the grantee of the permit may apply for its revalidation within the next succeeding year.
Thereafter, no development shall be allowed unless a new application for approval is filed.
SECTION 18. Survey and Approval of Subdivision Plan. —
Upon the issuance of Integrated Approval to an economic and socialized housing project, the developer shall refer the final subdivision plan together with the parcellary map to the Bureau of Lands for the conduct of verification survey and approval of the subdivision scheme. Upon accomplishment thereof, the Bureau shall submit its finding to the Commission.
No development of economic and socialized housing projects shall be allowed without having complied with the standards and approval procedures set forth in these Rules.
SECTION 11. Approval of Proposed Residential Houses of Average and Low- Income Earners. —
Individual lot owners who are average and low-income earners as defined by BP 220 may construct their individual residential houses in the manner provided by these rules, provided that:
1. They secure project approval from the Ministry of Human Settlements prior to their construction; and
2. They utilize MHS approved stock plans or they submit their proposed building plans to the Ministry for approval.
Whenever applicable, the procedures and documents required under this Rule in the case of other housing projects shall also be observed in case of individual residential projects.
SECTION 12. Establishment of an Integrated Approval System. —
There is hereby established and INTEGRATED APPROVAL SYSTEM which shall be applicable exclusively to the evaluation and approval of all proposed economic and socialized housing projects whether the development is for a house and lot or for a house or lot only.
Upon the effectivity of these Rules, all proposed economic and socialized housing projects shall be required to secure only the INTEGRATED APPROVAL set forth herein which shall take the place of permits and clearances required under Presidential Decree Numbers 957, 1216, 1096 and 1185 and their implementing rules and regulations.
SECTION 13. Where Application for Integrated Approval Made. —
Applications for integrated approval shall be made with the Ministry of Human Settlements through its regulatory arm, the Human Settlements Regulatory Commission which is hereby authorized to prescribe application requirements and impose the necessary conditions on approvals and applications.
SECTION 14. How Application Made. —
Application for Integrated Approval shall be made by accomplishing in duplicate copies an application form duly prescribed by the Commission.
The application form shall be accompanied by the following documents:
a) Development cost estimate and payment scheme for amortization;
b) Statement of potential and funding sources, preferably attested to by an accountant;
c) Program of development, indicating phasing and schedule;
d) Locational Clearance issued by the Commission;
e) Certified xerox copy of owners certificate of title or other sufficient evidence of ownership; if applicant is not the owner, authority to develop and sell;
f) At least two (2) sets of sketch plan and site development plan, showing general pattern and layout of development, including location of streets and proposed access roads, power and other utility lines, residential areas and open spaces for parks, playgrounds and community facilities;
g) Location and vicinity map, drawn to a required scale, indicating location,
intensity and nature of surrounding land uses within one (1) kilometers radius;
h) Written options to avail of the MHS Stock Plans, indicating specific model(s) desired, or in the absence thereof, at least two (2) sets each of the following:
1. Architectural drawing
2. Detailed structural plans and specification including cost estimates
3. Detailed engineering drawing
i) Certification from the Ministry of Agrarian Reform that the Land is not tenanted and/or is not covered by operation land transfer;
j) Sworn statement as to nature, number and income level of beneficiaries.
SECTION 15. Evaluation of Land Development and Structural Design Components of Project. —
Should the project be found locationally viable, the Commission shall proceed to determine whether the land development scheme and building design is in accordance with the standards set forth in these Rules.
Where the developer or applicant has opted to avail of the pre-approved plans of the Commission, there shall be no necessity for evaluating building design except with respect to the suitability thereof to project site and its harmony/compatibility with the land development scheme. Should the design be found unsuitable/incompatible, the developer may be asked to alter/revise his choice. The Commission may extend technical assistance in the choice of the appropriate model.
Where the developer does not avail of said plans and presents his own design and specifications, the Commission shall evaluate the building component of the project as to structural, fire safety and functionality. The review of such building plans and specifications shall be in accordance with the standards set forth in these Rules.
SECTION 16. Pre-Approval of Building Plans. —
The Commission shall formulate model building plans and design or may approve plans submitted by duly qualified professionals which plans shall be considered pre-approved and may be utilized by the developer/proponent.
SECTION 17. Validity of Development Approval. —
Development permits shall be valid for a period of one (1) year and should activity be not commenced within said period, the grantee of the permit may apply for its revalidation within the next succeeding year.
Thereafter, no development shall be allowed unless a new application for approval is filed.
SECTION 18. Survey and Approval of Subdivision Plan. —
Upon the issuance of Integrated Approval to an economic and socialized housing project, the developer shall refer the final subdivision plan together with the parcellary map to the Bureau of Lands for the conduct of verification survey and approval of the subdivision scheme. Upon accomplishment thereof, the Bureau shall submit its finding to the Commission.
RULE V
REGISTRATION AND LICENSING OF ECONOMIC AND SOCIALIZED HOUSING PROJECTS
SECTION 19. Registration of Project. —
No subdivision or condominium intended for economic and socialized housing shall be sold unless it has been registered and issued a license to sell in accordance with these Rules.
Upon receipt of the Survey Returns and Approval of Subdivision Plan from the Bureau of Lands, the Commission shall notify the developer of economic and socialized housing project, which have been granted Integrated Approval to submit the following documents to have his project registered under these Rules.
1. Certificate of Title or other sufficient evidence of ownership;
2. Affidavit attesting that the data submitted in the Original Application Forms and attachments thereto have remained the same, or if there have been any changes, incorporating therein the nature and surrounding circumstances thereof;
3. Articles of incorporation or partnership or association, with all amendments thereto, and existing by-laws, if developer is a corporation, partnership or association;
4. If property is mortgaged, mortgage contract and status of loan certified by mortgagee; in addition an undertaking by mortgagee to release the mortgage on any subdivision lots or condominium units as soon as full purchase price is paid;
5. Submit certification of availability of water supply, if proponent/developer intends to utilize existing water system; or permit from the National Water Resources Council, if he intends to put up a centralized deep well distribution system; or certificate of water potability, if he intends to leave the establishment of individual wells to lot/unit owners from the appropriate government agency.
SECTION 20. Notice of Publication. —
Upon evaluation of the completeness and veracity of the documents submitted, this Office shall cause the publication at the expense of the applicant a Notice of Pending Application for Registration and License to Sell in one newspaper of general circulation in English or in Pilipino reciting therein that an application for registration and License to Sell for the sale of subdivision lots and condominium units has been filed with the Commission and that the aforesaid application papers as well as the documents attached thereto are open to inspection during business hours by interested parties. In addition, a 3 x 6 billboard notice of the project shall be posted on the project site until the issuance of the License to Sell.
Upon completion of the publication, the proponent shall submit Proof of Publication executed by the Publisher and an affidavit attesting to the posting of the Billboard Notice on the site.
SECTION 21. Registration of Project. —
Ten days from the completion of the publication and submission of the proof of publication, the Commission shall, in the absence of an opposition to the Registration of the Project, issue a Certificate of Registration. No opposition shall be entertained after the above period.
SECTION 22. Opposition to Registration. —
Complaints and opposition to the registration shall be filed with the Commission within ten (10) days from the date of publication. Proceedings for registration and license to sell shall be, in the meantime, suspended upon an initial finding that the same is meritorious.
SECTION 23. License to Sell. —
No owner or developer shall sell any disposable subdivision lot or condominium unit in a registered property without a license to sell issued by the Commission.
Upon submission of a Performance Bond in the forms of a Surety Bond to the amount of Ten Percent (10%) of the total estimated development cost of the project issued by a duly accredited bonding company and acceptable to the Commission, or a certificate of guarantee from any bank or financing institution of good standing addressed to the Commission for the total development cost, the Commission shall cause the issuance of a License to Sell for the project.
Whenever it shall appear that the Performance Bond is, or for any cause has become worthless, inadequate or insufficient after the License to Sell has been issued, the owner/developer shall, after due notice, be required to give an additional performance bond or replace the worthless bond within ten days from receipt of such notice. Meanwhile, the License to Sell shall be deemed suspend or revoked.
SECTION 24. Monitoring of Project. —
The Commission shall have the power to monitor projects granted Integrated Approval and License to Sell under these Rules to ensure faithful compliance with the terms, standards and conditions thereof. It may exercise visitatorial powers and in case of violation or non-compliance of the terms, standards and conditions set forth in the approval and the license issued, it may institute revocation proceedings and impose appropriate fines and penalties.
No subdivision or condominium intended for economic and socialized housing shall be sold unless it has been registered and issued a license to sell in accordance with these Rules.
Upon receipt of the Survey Returns and Approval of Subdivision Plan from the Bureau of Lands, the Commission shall notify the developer of economic and socialized housing project, which have been granted Integrated Approval to submit the following documents to have his project registered under these Rules.
1. Certificate of Title or other sufficient evidence of ownership;
2. Affidavit attesting that the data submitted in the Original Application Forms and attachments thereto have remained the same, or if there have been any changes, incorporating therein the nature and surrounding circumstances thereof;
3. Articles of incorporation or partnership or association, with all amendments thereto, and existing by-laws, if developer is a corporation, partnership or association;
4. If property is mortgaged, mortgage contract and status of loan certified by mortgagee; in addition an undertaking by mortgagee to release the mortgage on any subdivision lots or condominium units as soon as full purchase price is paid;
5. Submit certification of availability of water supply, if proponent/developer intends to utilize existing water system; or permit from the National Water Resources Council, if he intends to put up a centralized deep well distribution system; or certificate of water potability, if he intends to leave the establishment of individual wells to lot/unit owners from the appropriate government agency.
SECTION 20. Notice of Publication. —
Upon evaluation of the completeness and veracity of the documents submitted, this Office shall cause the publication at the expense of the applicant a Notice of Pending Application for Registration and License to Sell in one newspaper of general circulation in English or in Pilipino reciting therein that an application for registration and License to Sell for the sale of subdivision lots and condominium units has been filed with the Commission and that the aforesaid application papers as well as the documents attached thereto are open to inspection during business hours by interested parties. In addition, a 3 x 6 billboard notice of the project shall be posted on the project site until the issuance of the License to Sell.
Upon completion of the publication, the proponent shall submit Proof of Publication executed by the Publisher and an affidavit attesting to the posting of the Billboard Notice on the site.
SECTION 21. Registration of Project. —
Ten days from the completion of the publication and submission of the proof of publication, the Commission shall, in the absence of an opposition to the Registration of the Project, issue a Certificate of Registration. No opposition shall be entertained after the above period.
SECTION 22. Opposition to Registration. —
Complaints and opposition to the registration shall be filed with the Commission within ten (10) days from the date of publication. Proceedings for registration and license to sell shall be, in the meantime, suspended upon an initial finding that the same is meritorious.
SECTION 23. License to Sell. —
No owner or developer shall sell any disposable subdivision lot or condominium unit in a registered property without a license to sell issued by the Commission.
Upon submission of a Performance Bond in the forms of a Surety Bond to the amount of Ten Percent (10%) of the total estimated development cost of the project issued by a duly accredited bonding company and acceptable to the Commission, or a certificate of guarantee from any bank or financing institution of good standing addressed to the Commission for the total development cost, the Commission shall cause the issuance of a License to Sell for the project.
Whenever it shall appear that the Performance Bond is, or for any cause has become worthless, inadequate or insufficient after the License to Sell has been issued, the owner/developer shall, after due notice, be required to give an additional performance bond or replace the worthless bond within ten days from receipt of such notice. Meanwhile, the License to Sell shall be deemed suspend or revoked.
SECTION 24. Monitoring of Project. —
The Commission shall have the power to monitor projects granted Integrated Approval and License to Sell under these Rules to ensure faithful compliance with the terms, standards and conditions thereof. It may exercise visitatorial powers and in case of violation or non-compliance of the terms, standards and conditions set forth in the approval and the license issued, it may institute revocation proceedings and impose appropriate fines and penalties.
RULE VI
COMPLAINTS, HEARINGS AND PENALTIES
SECTION 25. Authority to Issue Rules and Procedures. —
The Commission is hereby authorized to issue Rules of Procedure to govern the conduct of Hearings before it on complaints or proceedings against owners, developers, dealers, brokers and salesmen arising under these Rules. Until the issuance of such Rules, the present Rules of Procedure to govern the conduct of Hearings before the Human Settlements Regulatory Commission shall apply.
SECTION 26. Mediation/Conciliation of Complaints. —
It shall be mandatory on the part of the Commission to conduct mediation or conciliation on complaints or opposition filed with it before the same could be subjected to a formal hearing.
SECTION 27. Suspension of License to Sell/Cease and Desist Order. —
The Commission may, in its discretion or upon notice and hearing immediately suspend the owner's license to sell and issue a Cease and Desist Order pending investigation and hearing of the case for the following reasons:
a. Upon verified complaint filed by a buyer of a subdivision statement lot/house or any interested party;
b. In its opinion, any information in the registration statement filed by the owner/dealer is or has become misleading, incorrect, inadequate or incomplete or the sale or offering for sale of the project may work or tend to work a fraud upon prospective buyers;
c. When it appears to the Commission that the owner/dealer is engaged in any act or practice which constitute or shall constitute a violation of the provisions of these Rules.
The suspension order/cease and desist order may be lifted if, after notice and hearing, the Commission is convinced that any deficiency in the sworn registration statement has been corrected or supplemented, or that the sale to the public of the subdivision project shall neither be fraudulent nor result in fraud. It shall also be lifted upon dismissal of the complaint.
Until the final entry of an order of suspension, the suspension of the right to sell the project, through binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated.
SECTION 28. Revocation of the Registration Certificate and License to Sell. —
The Commission may, motu propio, or upon verified complaint filed by a buyer revoke the registration and license to sell of any subdivision project or subdivision lot/house in said project or condominium unit if upon examination of the affairs of the owner or dealer, during a hearing conducted it shall appear there is prima facie evidence that the said owner or dealer:
a. Is insolvent; or
b. Has violated any of the provisions of the law and its rules and regulations or any undertaking of his/its performance bond; or
c. Has been or engaged in fraudulent transaction.
SECTION 29. Administrative Fines and Penalties. —
Violation of any of the provision of these Rules and Standards shall be subject to the Fines and Penalties as provided for under PD's 957, 1216, 1096 and 1185.
The Commission is hereby authorized to issue Rules of Procedure to govern the conduct of Hearings before it on complaints or proceedings against owners, developers, dealers, brokers and salesmen arising under these Rules. Until the issuance of such Rules, the present Rules of Procedure to govern the conduct of Hearings before the Human Settlements Regulatory Commission shall apply.
SECTION 26. Mediation/Conciliation of Complaints. —
It shall be mandatory on the part of the Commission to conduct mediation or conciliation on complaints or opposition filed with it before the same could be subjected to a formal hearing.
SECTION 27. Suspension of License to Sell/Cease and Desist Order. —
The Commission may, in its discretion or upon notice and hearing immediately suspend the owner's license to sell and issue a Cease and Desist Order pending investigation and hearing of the case for the following reasons:
a. Upon verified complaint filed by a buyer of a subdivision statement lot/house or any interested party;
b. In its opinion, any information in the registration statement filed by the owner/dealer is or has become misleading, incorrect, inadequate or incomplete or the sale or offering for sale of the project may work or tend to work a fraud upon prospective buyers;
c. When it appears to the Commission that the owner/dealer is engaged in any act or practice which constitute or shall constitute a violation of the provisions of these Rules.
The suspension order/cease and desist order may be lifted if, after notice and hearing, the Commission is convinced that any deficiency in the sworn registration statement has been corrected or supplemented, or that the sale to the public of the subdivision project shall neither be fraudulent nor result in fraud. It shall also be lifted upon dismissal of the complaint.
Until the final entry of an order of suspension, the suspension of the right to sell the project, through binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated.
SECTION 28. Revocation of the Registration Certificate and License to Sell. —
The Commission may, motu propio, or upon verified complaint filed by a buyer revoke the registration and license to sell of any subdivision project or subdivision lot/house in said project or condominium unit if upon examination of the affairs of the owner or dealer, during a hearing conducted it shall appear there is prima facie evidence that the said owner or dealer:
a. Is insolvent; or
b. Has violated any of the provisions of the law and its rules and regulations or any undertaking of his/its performance bond; or
c. Has been or engaged in fraudulent transaction.
SECTION 29. Administrative Fines and Penalties. —
Violation of any of the provision of these Rules and Standards shall be subject to the Fines and Penalties as provided for under PD's 957, 1216, 1096 and 1185.
RULE VII
MISCELLANEOUS PROVISIONS
SECTION 30. Conformance to the Requirements of other pertinent laws, rules and regulations. —
Unless otherwise amended or expressly provided, the provisions of Presidential Decree 957 and its Implementing Rules on the following Sections are hereby adopted in these Rules:
a. Submission of Semestral Reports on Operations
b. Advertisement
c. Time of Completion
d. Extension of Time for Completion
e. Alteration of Plans
f. Non-Forfeiture of Payments
g. Registration of Conveyances
h. Mortgages
i. Take-over development
j. Phases of Subdivision
k. Realty Tax and Other Charges
SECTION 31. Non-Development. —
Failure on the part of the owner or developer to develop the project in accordance with the approved project plans and within the time herein specified shall subject the owner/developer to administrative sanctions and penalties.
SECTION 32. Organization and Registration of Homeowners. —
The owner or developer of a socialized and economic housing project shall initiate the organization of a homeowners association among the buyers and residents of the project for the purpose of promoting and protecting their mutual interest. Said homeowners association shall register with the Commission and the latter is hereby authorized to accredit and determine the legitimate homeowners association of the housing project for purposes of applying the pertinent provisions of these Rules.
SECTION 33. Donations of Roads, Open Spaces and Water Supply. —
The owner or project developer shall donate the roads and open spaces found in the project to the local government of the area after their completion had been certified to by the Commission and it shall be mandatory for the said local government to accept such donations. Parks and playgrounds may be donated to the duly accredited Homeowners Association of the project with the consent of the city or municipality concerned under PD 1216.
The water supply system of the project may likewise be donated to the duly accredited homeowners association after certification by the Commission of its completion and of its being operational. Should the homeowners not accept the donation, the owner or developer of the project shall collect reasonable rates to be determined by the Commission in consultation with the National Water Resources Council or the Local Utilities Administration. The proceeds thereof shall be used exclusively for the maintenance and operation of the water system by the developer.
SECTION 34. Fees. —
Until such time that the Commission shall have adopted new schedule of fees for economic and social housing projects, it shall apply and collect the fees provided for under the implementing Rules of PD's 957, 1096 and 1185.
SECTION 35. Authority to Issue Supplemental Rules, Directives and Interpretative Memorandum and Circular. —
In the implementation of Batas Pambansa Blg. 220 and these Rules and Standards, the Commission, through its Chief Executive Officer, is hereby authorized to issue supplemental rules, directives and interpretative memorandum and circulars.
SECTION 36. Separability Clause. —
The provision of these Rules are hereby declared separable, and in the event any of such provisions are declared null and void, the validity of all other provisions shall not be affected thereby.
SECTION 37. Effectivity. —
These Rules shall take effect thirty days after its last publication in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks.
Promulgated, 11 June 1982, Makati, Metro Manila.
APPROVED:
(SGD.) IMELDA ROMUALDEZ MARCOS
Minister, Ministry of Human
Settlements
Chairman, Human Settlements
Regulatory Commission
ATTESTED:
(SGD.) ERNESTO C. MENDIOLA
Commissioner and
Chief Executive Officer
Unless otherwise amended or expressly provided, the provisions of Presidential Decree 957 and its Implementing Rules on the following Sections are hereby adopted in these Rules:
a. Submission of Semestral Reports on Operations
b. Advertisement
c. Time of Completion
d. Extension of Time for Completion
e. Alteration of Plans
f. Non-Forfeiture of Payments
g. Registration of Conveyances
h. Mortgages
i. Take-over development
j. Phases of Subdivision
k. Realty Tax and Other Charges
SECTION 31. Non-Development. —
Failure on the part of the owner or developer to develop the project in accordance with the approved project plans and within the time herein specified shall subject the owner/developer to administrative sanctions and penalties.
SECTION 32. Organization and Registration of Homeowners. —
The owner or developer of a socialized and economic housing project shall initiate the organization of a homeowners association among the buyers and residents of the project for the purpose of promoting and protecting their mutual interest. Said homeowners association shall register with the Commission and the latter is hereby authorized to accredit and determine the legitimate homeowners association of the housing project for purposes of applying the pertinent provisions of these Rules.
SECTION 33. Donations of Roads, Open Spaces and Water Supply. —
The owner or project developer shall donate the roads and open spaces found in the project to the local government of the area after their completion had been certified to by the Commission and it shall be mandatory for the said local government to accept such donations. Parks and playgrounds may be donated to the duly accredited Homeowners Association of the project with the consent of the city or municipality concerned under PD 1216.
The water supply system of the project may likewise be donated to the duly accredited homeowners association after certification by the Commission of its completion and of its being operational. Should the homeowners not accept the donation, the owner or developer of the project shall collect reasonable rates to be determined by the Commission in consultation with the National Water Resources Council or the Local Utilities Administration. The proceeds thereof shall be used exclusively for the maintenance and operation of the water system by the developer.
SECTION 34. Fees. —
Until such time that the Commission shall have adopted new schedule of fees for economic and social housing projects, it shall apply and collect the fees provided for under the implementing Rules of PD's 957, 1096 and 1185.
SECTION 35. Authority to Issue Supplemental Rules, Directives and Interpretative Memorandum and Circular. —
In the implementation of Batas Pambansa Blg. 220 and these Rules and Standards, the Commission, through its Chief Executive Officer, is hereby authorized to issue supplemental rules, directives and interpretative memorandum and circulars.
SECTION 36. Separability Clause. —
The provision of these Rules are hereby declared separable, and in the event any of such provisions are declared null and void, the validity of all other provisions shall not be affected thereby.
SECTION 37. Effectivity. —
These Rules shall take effect thirty days after its last publication in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks.
Promulgated, 11 June 1982, Makati, Metro Manila.
APPROVED:
(SGD.) IMELDA ROMUALDEZ MARCOS
Minister, Ministry of Human
Settlements
Chairman, Human Settlements
Regulatory Commission
ATTESTED:
(SGD.) ERNESTO C. MENDIOLA
Commissioner and
Chief Executive Officer
