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BATAS PAMBANSA BILANG. 220BATAS 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 Sec. 3 of Batas Pambansa Blg. 220 and by virtue of
Sec. 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 Sec. 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.
Sec. 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
Sec. 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, and
use of land. Such dwellings
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
RATING withstand being burned which
may be one-hour, 2-hours, 3-hours,
4-hours, etc.
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
for the processing and
approval of economic and socialized
housing projects including
systems and procedures
for the implementation
and enforcement of BP 220.
RULE III
MINIMUM DESIGN STANDARDS AND REQUIREMENTS FOR ECONOMIC AND SOCIALIZED
HOUSING
Sec. 4. Compliance with standards required. —
Development of economic and socialized housing project shall be in
accordance with the minimum design standards herein set forth.
Sec. 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.
Sec. 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
No. of lots and/or living units Areas for Community
Facilities
per ha. % of gross area of subdivision
150 and below 1%
151 to 225 1.5%
above 225 2.0%
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.
TABLE 2
REQUIRED AREA FOR PARK/PLAYGROUND
ACCORDING TO DENSITY
Area for Park/
Density
Playground
No. of lots and/or living % of gross area of
units per hectare subdivision
150 and below 3.5
151 to 225 7.0
above 225 9.0
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.
Sec. 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
Type of Right-of
Maximum
Road Way
Carriageway Length
Major 8.00 6.00
Minor 6.50 5.00
120 m. (dead end),
provide for turn
around space. If 50 m.
or less, turn around
space not required.
Alley 3.00 3.00
150 m. (both ends
connecting to a Minor
road), 75 m. (dead
end)
Footpath 2.00
2.00 100 m. (both ends
connecting to an alley),
50 m. (dead end)
TABLE 4
MAXIMUM SIZES OF PROJECTS PER HIERARCHY OF ROAD
Project Size Range Road Network
above 0 — 2.50 has Minor road, alley footpath
above 2.50 — 15.00 has Major road, minor road alley,
footpath.
above 15.00 — 30.00 has Model B's major road, then
major road to footpath as
cited in Table 3. (Model B of
PD 957)
above 30.00 Model A's collector road,
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
Type of Road Underdeveloped
Developed
Footpath aggregates (stones,
aggregates
rocks, pebble, gravel)
Alley aggregates aggregates
Minor road aggregates macadam
Major road Macadam asphalt
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.
Sec. 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
Percent of Open Space
Type of Lot
Residential All Others
a. Interior lot (located
in the interior of a
block made accessible
or alley by means of a
private access road).
50% 25%
b. Inside lot (non-corner
or single frontage lot)
20% 15%
c. Corner and/or through
lot 10% 15%
d. Lots bounded on three
(3) or more sides by
public open spaces such
as streets, easement of
seashores, rivers,
esteros, etc. 5%
5%
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:
Kinds of Total
Lot Open
MINIMUM SETBACK REQUIREMENT PER STOREY
Space
Required 1 &
2 3 4
5 6 7
8 9 10
11 12
Interior 50%
Inside 20%
Corner/
Through 10%
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. 5%
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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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 Section s 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
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