ATLAS-CDC Architecture Review - Building Laws Module 4: Housing PDF

## ATLAS-CDC Architecture Review - Building Laws Module 4: Housing ### Laws Governing Planning and Design of Subdivision/Housing Projects #### Creating the National Housing Authority (NHA) - July 31, 1975 - State shall establish, maintain and ensure adequate social services in the field of housin...

## ATLAS-CDC Architecture Review - Building Laws Module 4: Housing ### Laws Governing Planning and Design of Subdivision/Housing Projects #### Creating the National Housing Authority (NHA) - July 31, 1975 - State shall establish, maintain and ensure adequate social services in the field of housing to guarantee the enjoyment of the people of a decent standard living (Philippine Constitution) - Develop and implement comprehensive and integrated housing program - Formulate and enforce general and specific policies for housing development and resettlement - Prescribe guidelines and standards for the reservation, conservation and utilization of public lands identified for housing and resettlement - RA 7279 #### Urban Development and Housing Act (UDHA) - March 24, 1992 - **Objectives:** - Decent, affordable housing with basic services and livelihood opportunities - Rational use and development of urban land - Dispersed urban net and more balanced urban-rural interdependence - Equitable land tenure system - More effective people's participation - Improve LGU capability - **Government intervention in land acquisition:** - Community Mortgage Program (mortgage financing program of the Social Housing Finance Corporation which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership) - Land Swapping (swap land for another piece of land of equal value or stocks) - Land Consolidation (aquisition of land of varying ownership) - Land Banking (refers to the acquisition of land at values based on existing use in advance of actual need to promote planned development and socialized housing programs) - Joint Venture (shared equity, costs & profit) - Public-Private Partnership (contractual agreement between the Government and a private firm targeted towards financing, designing, implementing and operating infrastructure facilities and services that were traditionally provided by the public sector) - Expropriation (resorted only when other modes failed) #### Devolving the Powers of HLURB to Approve Subdivision Plans to LGUs - March 23, 1993 - Approval of preliminary as well as final subdivision schemes and development plans of all subdivisions (residential, commercial, industrial) - Approval of preliminary and final subdivision schemes and development plans of all economic and socialized housing projects - Review and permitting governing the planning, design, advertisement and sale of CONDOMINIUM buildings are still under the care of the HLURB. - The separate building permit/s are still issued by the LGU OBO. - EO 71 #### Creating the Department of Human Settlements and Urban Development (DHSUD) - February 14, 2019 - Merged the Housing and Urban Development Coordinating Council (HUDCC) and the Housing and Land Use Regulatory Board (HLURB). - New department is now "the primary national government entity responsible for the management of housing, human settlement and urban development." - Shall be the sole and main planning and policy-making, regulatory, program coordination and performance monitoring entity for all housing, human settlement and urban development concerns, primarily focusing on the access to and affordability of basic needs. - "Human Settlements" to "comprise of: - Physical components of shelter and infrastructure, and - Services to which the physical elements provide support, such as community services which include education, health, culture, welfare, recreation, and nutrition. - Urban Development meanwhile "refers to the process of occupation and use of land or space for activities such as residential, industrial, commercial, and the like or their combinations, necessary to carry out the functions of urban living." - Tasked to establish Housing One-Stop Processing Centers to centralize the processing of housing-related permits, clearances, and licenses. - To identify government lands suitable for housing and rural development within 180 days from the effectivity of the law. - Reconstitution of the HLURB as the Human Settlements Adjudication Commission, to continue to perform the adjudication functions of HLURB which affords all persons the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies. - Created a National Human Settlements Board which shall exercise the powers and functions related to policy and program development of the department's attached agencies. - RA 112011 ### Attached Corporations: * **Home Development Mutual Fund (HDMF):** Provide a mutual provident savings system for private and government employees and other earning groups; Pag-ibig funds * **National Housing Authority (NHA):** Function as a production and financing arm in housing * **National Home Mortgage Finance Corporation (NHMFC):** Government corporation mandated to increase the availability of affordable housing finance through the development and operation of a secondary market for home mortgages and other housing-related receivables. * **Social Housing Finance Corporation (SHFC):** Lead government agency tasked to develop and implement social housing programs for low-income groups in the formal and informal sectors, especially the underprivileged and homeless. * **Home Guaranty Corporation Act of 2000 (formerly Home Insurance Guarantee Corporation):** - Guaranty the payment of any and all forms of mortgages, loans, and other forms of credit facilities and receivables arising from financial contracts exclusively for residential purposes and the necessary support facilities. - Assist private developers to undertake socialized, low, and medium-cost mass housing projects by encouraging private funds to finance such housing projects through a viable system of long-term mortgages, guaranties, and other incentives. - RA 8763 ### Revised Rules and Standards for Economic and Socialized Housing Projects #### Scope and Application: * **Socialized Housing** Housing program for the homeless and disadvantaged sector * **Economic Housing** Housing program for average and low-income families * **Affordable cost** 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 determined by the National Economic and Development Authority from time to time. #### Maximum Selling Price: (HLURB MC 3 s2017) | BP 220 Classification | Maximum Selling Price | |---|---| | Socialized Housing | P450,000.00 and below | | Socialized Housing | P400,000.00 and below | | Economic Development | Above P450,000.00 to P1,700,000.00 | - Apply to the development of either a house and lot or a house or lot only. - House and lot cost: 60% is for house and 40% is for lot #### Hierarchy of Basic Needs: 1. Water 2. Movement and Circulation 3. Storm Drainage 4. Solid & Liquid Waster Disposal 5. Parks and Playgrounds 6. Power #### Site Selection Criteria: * Availability of Basic Needs * Conformity w/ zoning ordinances and land use plan * Physical Suitability * Accessibility #### Planning Considerations: * Area Planning * Minimum cost of development * Provision for possible future improvement / expansion. * Site Preservation / Alteration * 200mm caliper diameter trees shall be preserved * Easements (water, utilities, right-of-way, loading and unloading areas) * Circulation * Hierarchy of road functions **Table 1: Parks and Playgrounds Allocation** | ECONOMIC HOUSING | HOUSING | SOCIALIZED HOUSING | |---|---|---| | Density (No. of lots/DU per hectare) | Allocation (% of gross area for PP**) | Density (No. of lots/DU per hectare) | Allocation (% of gross area for PP**) | | 150 and below | 3.5% | 150 and below | 3.5% | | 151-160 | 4% | 151-160 | 4% | | 161-175 | 5% | 161-175 | 5% | | 176-200 | 6% | 176-200 | 6% | | 201-225 | 7% | 201-225 | 7% | | Above 225 | 9% | Above 225 | 9% | **PP** - Parks and Playgrounds **Table 2: Facilities According to the Number of Saleable Lots/Dwelling Units for Subdivision Projects 1 Hectare and Above** | No. of Saleable Lots and/or Dwelling Unit | Neighborhood Center | Convenience/Retail Center** | Elementary School** | High School | Tricycle Terminal* | |---|---|---|---|---|---| | 10 & below | X | | | | | | 11-99 | X | X | | | | | 100-499 | X | X | X | | | | 500-999 | X | X | X | X | | | 1000-1499 | X | X | X | X | X | | 1500-1999 | X | X | X | X | X | | 2000-2499 | X | X | X | X | X | | 2500-3000 | X | X | X | X | X | **\* Mandatory Provision of area \* Optional Saleable but when provided in plan the same shall be annotated in the title.** **Table 3: Community Facilitles Allocation** | ECONOMIC HOUSING | HOUSING | SOCIALIZED HOUSING | |---|---|---| | Density (No. of lots/DU per hectare) | Allocation (% of gross area for CF**) | Density (No. of lots/DU per hectare) | Allocation (% of gross area for CF**) | | 150 and below | 1.0 | 150 and below | 1.0 | | 151-225 | 1.5 | 151-225 | 1.5 | | Above 225 | 2.0 | Above 225 | 2.0 | **CF** - Community Facilities **Table 4: Hierarchy of Roads** | PROJECT SIZE RANGE (has) | ECONOMIC HOUSING | HOUSING | SOCIALIZED HOUSING | |---|---|---|---| | 2.5 has. And below | Major, minor, motor court, alley | Major, minor, motor court, alley | Major, minor, motor court, pathwalk | | Above 2.5-5 | -do- | Major, collector, minor, Motor court, alley | - do - | | Above 5-10 | -do- | -do- | Major, collector, minor, Motor court, pathwalk | | Above 10-15 | -do- | -do- | - do - | | Above 15-30 | -do- | -do- | - do - | | Above 30 | -do- | -do- | - do - | **Table 5: Road Right-of-Way** | PROJECT SIZE RANGE (has.) | ECONOMIC HOUSING | SOCIALIZED HOUSING | |---|---|---| | 2.5 and below | Major - 8m Collector - 6.5m Minor - 6.5m | Major - 8m Collector - 6.5m Minor - 6.5m | | Above 2.5-5.0 | Major - 10m Collector - 6.5m Minor - 6.5m | Major - 10m Collector - 6.5m Minor - 6.5m | | Above 5.0-10 | Major - 10m Collector - 8m Minor - 6.5m | Major - 10m Collector - 6.5m Minor - 6.5m | | Above 10-15 | Major - 10m Collector - 8m Minor - 6.5m | Major - 10m Collector - 8m Minor - 6.5m | | Above 15-30 | Major - 12m Collector - 8m Minor - 6.5m | Major - 10m Collector - 8m Minor - 6.5m | | Above 30 | Major - 15m Collector - 10m Minor - 6.5m | Major - 12m Collector - 10m Minor - 6.5m | **ROW - Right of Way** *** ### Interior Subdivisions - Must secure right-of-way to nearest public road. - Minimum ROW of 10 meters ### Subdivision Entrances - Depth and setback must accommodate loading and unloading of passengers. - 3.00m x 5.00m both sides of subdivision entrance ### Setback Requirement Along Main Public Road ### Block Length - 400m maximum block length. - Provide 3-m pathwalk or 2-m alley for blocks exceeding 250m. - Alley width of 2mtrs to break a block for pedestrian and emergency and not used as access to property. - Pathwalk of 3mtrs intended to provide pedestrian access for socialized housing projects not exceeding 60mtrs. ### Road Intersections - Distance between offset intersections not less than 20mtrs from corner to corner. - Road intersections shall have radii as follows: - Collector: R = 6m, r = 4.5m - Major: R = * [insert size] * m, r = * [insert size] * m ### Road Grade/Slope - Crown of the roads shall have slope of not less than 1.5% - Curb slope at 7 - 9% ### Minimum Lot Areas | Type of Housing | Economic (sq.m.) | Socialized (sq.m.) | |---|---|---| | a. Single detached | 72 | 64 | | b. Duplex/single attached | 54 | 48 | | c. Row houses | 36 | 28 | ### Minimum Lot Frontages | Types of Housing/Lot | Economic Housing | Socialized Housing | |---|---|---| | 1. Single detached | | | | a. Corner lot | 8m | 8m | | b. Regular lot | 8m | 8m | | c. Irregular lot | 4m | 4m | | d. Interior lot | 3m | 3m | | 2. Duplex/single attached | 6m | 6m | | 3. Row house | 4m | 3.5m | ### Minimum Setbacks | | Setbacks | |---|---| | | front 1.5m | | | side 1.5m | | | rear 2.0m | ### Power Supply - Provide 1 streetlight per pole if poles are spaced at 50 meters. - Provide 1 at every other pole if poles are spaced at less than 50 meters. ### Building Design Standards (Applicable for both Economic and Socialized Housing) #### Minimum Ceiling Height - Second Floor Line: 2.00m - Ground Floor Line: 1.80m - Minimum headroom clearance of 2.0 meters #### Winding and Circular Stairways - Clear ceiling height of not less than 1.80 meters above and below it. - Shall not cover 50% of the floor area below it. #### Stairs - Minimum clear width of 0.60 meter - Maximum riser height of 0.25 meter - Minimum tread width of 0.20 meter - Minimum headroom clearance of 2.0 meters - Maximum height between landing - 3.60 meters - Handrails on stairs - 0.80 meter to 1.20 meters #### Corridor - Conform to NBCP provisions - Minimum corridor width - 1.10 meters - Maintain corridor not less than 1/2 of minimum corridor width ### Doors - Door minimum clear height - 2.0 meters. - Bathroom and mezzanine doors minimum clear height 1.80 meters. ### Windows - Total free area of openings equal to at least 10% of the floor area of the room. - Bathrooms provided with windows with an area of not less than 1/20th of its floor area. - Sleeping room window: - Min 0.56 m wide - Min 0.45 sqm area - Max 1.22 m height of window bottom/sill. ### Firewall - Firewall at least 150mm thick - 1-hour fire resistance - 300mm extension above roof and at sides ### Multi-Family Dwellings and Condominiums - Non-residential Use floor area authorized for non-residential use shall not exceed 25% of total residential area. - BP 220 Condominium: - Minimum floor area: 18sqm - Elevator Requirements: 6 storeys and above ### Setback Requirements - Setbacks from the property line shall be maintained. - If building is more than 2 storeys, add 0.30m for every floor. **Table 11: Minimum Setbacks per Storey** | Kinds of Lot | Minimum Setback Requirements Per Storey | |---|---| | Interior | 1.8 2 2.3 2.6 2.9 3.2 3.5 3.8 4.1 4.4 4.7 5.0 | | Inside | 2.0 2.3 2.6 2.9 3.2 3.5 3.8 4.1 4.4 4.7 5.0 | | Comer/Through | 2.0 2.3 2.6 2.9 3.2 3.5 3.8 4.1 4.4 4.7 5.0 | | Lot abutting 3 or more streets, alleys, rivers, esteros, etc. | 2.0 2.3 2.6 2.9 3.2 3.5 3.8 4.1 4.4 4.7 5.0 | ### Distance between Buildings - Distance between buildings shall also be adequately maintained to ensure light and ventilation. | Bldg height | Distance between bldgs | Eaves clearance | |---|---|---| | 2-storey | 4.00m | 1. 50m | | 3-4 storeys | 6.00m | 2.00m | | Above 4 storeys | 10.00m | 6.00m | - 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 2.0 meters. - Clearance between the roof eaves shall be 1.0 meter ### Parking Requirements - 1 parking slot per 8 living units. - Off-site parking: Designated area is part of the project and shall not be 100mtrs away from condominium. ### Certificate of Registration - No subdivision or condominium intended for economic and socialized housing shall be sold unless it has been registered and issued a License to Sell. ### Development Permit - 3-years validity of development permit (Revised HLURB Res. No. 725 Series of 2002) #### RA 10884 - Balanced Housing Development Program - **Requirement for developers of proposed residential subdivision projects:** Develop an area for socialized housing equivalent to at least 15% of the total subdivision area or 15% of the total subdivision cost. - **Requirement for developers of proposed residential condominium projects:** Develop an area for socialized housing equivalent to at least 5% of the total subdivision area or 5% of the total subdivision cost. #### Revised Rules and Regulations Implementing the Subdivision and Condominium Buyer's Protective Decree and Other Related Laws #### Scope of Application: - Applicable to open-market and medium-cost subdivision and condominium projects - Maximum selling price as per HLURB MC #13 s 2017 | PD 957 Classification | Maximum Selling Price | |---|---| | Open Market | above P4,000,000.00 | | Medium Cost | above P1,700,000.00 to P4,000,000.00 | #### Land Allocation - 70% saleable: 30% non-saleable ### Minimum Lot Areas | | Open Market (sq.m) | Medium cost (sq.m) | |---|---|---| | Single-Detached | 120 | 100 | | Duplex/Single-Attached | 96 | 80 | | Rowhouse | 60 | 50 | ### Minimum Lot Frontages | TYPES OF HOUSING/LOT | FRONTAGE (m.) | |---|---| | 1. Single Detached | | | a. Corner Lot | 12 | | b. Regular Lot | 10 | | c. Irregular Lot | 6 | | d. Interior Lot | 4 | | 2. Duplex/Single Attached | 8 | | 3. Rowhouse | 6 | ### Minimum Level of Completion - Complete House ### Minimum Setbacks | | Minimum Setbacks | |---|---| | Front | 3 m | | Side | 2 m | | Rear | 2 m | **Table 6: Minimum Floor Areas** | | Open Market | Medium-Cost | |---|---|---| | | 42 sqm | 30 sqm | ### Minimum Setbacks | | Economic | Open Market | |---|---|---| | Water Supply | 150 LCPD | 150 LCPD | | Sewage Disposal | individual or communal | underground | | Drainage | lined open canal | underground for major roads; lined open for others | | Power | optional individual | individual or communal | **Table 7: Minimum Floor Areas** | | Socialized | Economic | Open Market | |---|---|---|---| | Complete House | | 150 LCPD | 150 LCPD | | | 150 LCPD | | Water Supply | household connection | lined open canal | individual | | Drainage | optional individual | lined open for major roads; lined open for others | underground | | Power | individual or communal | household connection | individual | | Sewage Disposal | individual or communal | underground | | | | | ### Parks/Playgrounds for Condominiums - Required for projects with gross saleable area of 1000sqm or projects with 10 or more units. - Minimum of 50sqm. Increments of 3sqm for every additional unit in excess of 10 units. - Not required if project is not more than 800 mtrs from a publicly accessible park/playground. ### Floor Areas (Condominiums) | | | |---|---| | Single Occupancy | 18 sqm | | Family Dwelling Unit | 36 sqm | ### Access Roads (Condominiums) - Minimum roads or ROW - 8mtrs. (6mtrs carriageway and 2mtrs sidewalk/planting strip) - Pathwalks minimum width of 1.2mtrs. #### Republic Act 4726 - The Condominium Act - **A CONDOMINIUM:** An interest in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common directly or indirectly, in the land on which it is located and in other common areas of the building. - **CONDOMINIUM CORPORATION:** Holders of separate interests and portions of common areas. - **CONDOMINIUM PROJECT:** Means the entire parcel of real property divided or to be divided into condominiums. - **UNIT:** A part of the condominium project intended for any type of independent use or ownership, including 1 or more rooms of spaces located in 1 or more floors in a building. - **COMMON AREAS:** The entire project excepting all units separately granted or held or reserved. - **MASTER DEED/ DECLARATION OF RESTRICTIONS:** - Boundaries of the unit - Ownership of common areas - Non-exclusive easement for ingress, egress, and support. - Refurbishing - Rights to mortgage, sell. ### Laws Governing Planning and Design of Open Spaces #### Open Space in Residential Subdivision (Amending Sec. 31 of PD 957) - October 14, 1977: 30% required open space (PD 957) can be reduced to a level that will make the subdivision industry viable and the price of residential lots within the means of the low-income group and at the same time preserve the environmental and ecological balance through rational control of land use and proper design of space and facilities. - "OPEN SPACE" - An area reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospital, health centers, barangay centers and other similar facilities and uses. - For subdivision projects 1 hectare or more, the owner or developer shall reserve 30% of the gross area for open space. **PD 953 - Requiring the Planting of Trees** - July 6, 1976: - Every person who owns land adjoining a river or creek, shall plant trees extending at least five meters on his land adjoining the edge of the bank of the river or creek. - Every owner of an existing subdivision shall plant trees in the open spaces required to be reserved for the common use and enjoyment of the owners of the lots. - Any person who cuts, destroys, damages or injures, trees, plants and shrubs in public places shall be punished with imprisonment for not less than 6 months and not more than 2 years, or a fine of not less than 500 pesos and not more than P5,000.00, or both. **General Guidelines in Planting of Trees along Planting Strips of Subdivision Projects** 1. All shade trees shall be planted along the side of the road opposite the electrical power distribution lines. The recommended distance between shade trees shall be 5 meters. 2. Ornamental trees shall be planted on the planting strip along the side of the electrical power distribution lines. The recommended distance between ornamental trees shall be 3 meters. 3. The vertical clearance from the topmost part of the ornamental trees to the primary electrical power distribution lines shall be 3 meters. 4. Coconut and other high-growing plants shall not be allowed in all designated planting strips. 5. Recommended potted planting materials is at least 1 meter in height for higher plant survival. 6. The number of trees to be planted shall be at the ratio of one (1) tree per saleable lot. **Exclusive allocation for parks (of gross area):** - High density or social housing (66-100 family lots per gross hectare): 9% - Medium density or economic housing (21-65 family lot per gross hectare): 7% - Low density or open market housing (20 and below): 3.5% - These areas reserved for parks, playgrounds and recreational use shall be non-alienable public lands, and non-buildable. - Upon their completion as certified to by the Authority: - The roads, alleys, sidewalks, and playgrounds shall be donated by the owner or developer to the city or municipality. - It shall be mandatory for the local governments to accept. - Parks and playgrounds may be donated to the Homeowners Association of the project with the consent of the city or municipality concerned.