Housing Laws

Building Laws - Housing and Land Use

• Laws Governing Planning and Design of Subdivisions/Housing Projects: The Philippines has laws governing the planning and design of subdivisions and housing projects. These include the creation of the National Housing Authority (NHA) and the enactment of the Urban Development and Housing Act (UDHA).

• NHA Responsibilities: The NHA is tasked with developing and enforcing policies and guidelines for housing development. This includes the reservation, conservation, and utilization of public lands designated for housing and resettlement. They ensure quality housing and a decent standard of living for citizens.

• UDHA Objectives: The objectives of the UDHA include creating affordable, decent housing with basic services; rationally using and developing urban land; creating a balanced urban and rural interdependence; establishing an equitable land tenure system; improving Local Government Unit (LGU) capabilities; and involving the people effectively in housing programs.

• Government Intervention: Government intervention in land acquisition includes programs like Community Mortgage Programs (assisting associations of underprivileged and homeless to purchase land), land swapping, land consolidation, and land banking (acquiring land in advance of need for planned development). Other methods include joint ventures and public-private partnerships.

• Expropriation: Expropriation is used as a last resort if other methods of land acquisition fail.

• HLURB Powers Devolved to LGUs (EO 71): This Executive Order devolved the powers of the Housing and Land Use Regulatory Board (HLURB) to approve preliminary and final subdivision schemes and development plans to LGUs. This includes economic and socialized housing projects, along with review and permits governing condominium buildings.

• DHSUD (RA 11201): This law merged the Housing and Urban Development Coordinating Council (HUDCC) and the HLURB to create the Department of Human Settlements and Urban Development (DHSUD). DHSUD now manages housing, human settlements, and urban development. The department is the main entity for all planning, policy-making, and program coordination of these concerns. It focuses on affordability of basic needs.

• Human Settlements: This comprises physical components of shelter and infrastructure, along with community services (education, health, etc.).

• Urban Development: This involves the occupation and use of land for activities like residential, commercial, and industrial.

• *Home Development Mutual Fund (HDMF) and National Housing Authority (NHA): These are corporations that play key roles in housing programs. (HDMF operates a provident savings system for employees) (NHA functions in housing production and financing).

• National Home Mortgage Finance Corporation (NHMFC): Aims to make affordable home mortgages available.

• Social Housing Finance Corporation (SHFC): Develops and implements low-income housing programs.

• Home Guaranty Corporation (formerly Home Insurance Guarantee Corporation- RA 8763): Guarantees the payment of mortgages, loans, and other credit facilities, especially for residential purposes. It also encourages private investment in socialized, low-cost mass housing projects.

• Economic Housing Program: Suitable for average and low-income families with affordable costs (no more than 30% of gross family income).

• Socialized Housing Program: For the homeless and disadvantaged sector.

• Economic and Socialized Housing Projects Rules and Standards: Defines maximum selling prices and specifies the different types of development (horizontal and vertical).

• Hierarchy of Basic Needs: Lists priority needs for planning: water, movement, storm drainage, waste disposal, parks, and electricity.

• Site Selection Criteria: Factors include resource availability, zoning compliance, physical suitability, and accessibility.

• Planning Considerations (Land Use): Factors include area planning guidelines, provision for future improvements, site preservation, and easements (water, utilities, right-of-way).

• Circulation: Road design hierarchy is essential, including major, collector, minor roads, motor courts, and alleys.

• Road Right-Of-Way: Specifications for various road types (major, collector, minor) based on project size and type of housing (economic vs. socialized).

• Interior Subdivisions: Specific guidelines for minimum right-of-way, setbacks, block length, alley and path width, and intersection distances in subdivisions.

• Building Design Standards: Minimum ceiling heights, stairway dimensions, corridor widths, stair clearances, and door sizes are outlined. (e.g. clear headroom of 2 meters for stairs and corridors),

• Distances Between Buildings: Minimum distances between buildings for light and ventilation, especially necessary when the facing facades have limited openings. This affects commercial, residential or socialized developments.

• Parking Requirements: A minimum number of parking spaces per housing unit and off-site parking locations are addressed.

• Certificate of Registration and License to Sell: Requirements for subdivision sales registrations and licenses are specified. and development permit validity and scope.

• Plantings and Trees: Guidelines for tree planting and conservation, especially along rivers or creeks. There is the requirement of one tree per saleable lot.

• Balanced Housing Development Program: Policies for developers requiring designated areas for socialized housing proportional to their projects (e.g. 15% for subdivisions and 5% for condominiums).

• Residential Subdivision Requirements (PD 957 and 1216): Prescribes open spaces and minimum requirements for development and social projects.

• Condominium Act (RA 4726): Describes condominiums as a form of ownership interest in a multi-unit building, including the common areas and land.

• Condominium Corporation: Holds the common properties and land.

• Master Deed/Declaration of Restrictions: A document outlining rules, and restrictions for a condominium project, outlining the ownership of common areas.

• Units and Common Areas: Defines the ownership and usage of individual units versus common areas in a condominium.

• Minimum Plot Areas and Minimum Frontages: Standards for sizes and setbacks of plots for different housing types (economic/socialized).