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September 2, 1981

RULES IMPLEMENTING
THE SUBDIVISION AND CONDOMINIUM BUYER'S PROTECTIVE
DECREE AND OTHER RELATED LAWS

Pursuant to Article IV, Section 5 (c) of Executive Order No. 648 the following rules
are hereby promulgated by the Human Settlements Regulatory Commission to
Implement Presidential Decree Nos. 957, 1216, 1344 and other related laws.
RULE I
Approval of Subdivision Plan
SECTION 1. Application for Approval of Subdivision Plan. Every registered
owner or developer of a parcel of land who wishes to convert the same into a
subdivision project shall apply with the Commission for the approval of the
subdivision plan by filing in quadruplicate the following:
I.
For Simple Subdivision Projects:
A.
Site Development Plan on topographic survey with scale ranging from one to
one hundred (1:100) to one to one thousand (1:1,000) or such other scale which the
Commission may deem appropriate duly signed by a licensed engineer showing the
proposed lots and other features in relation to existing conditions;
B.
Vicinity Map; and
C.
Certified true copy of Title and Tax Declaration or other evidence of
ownership.
II.
For Complex Subdivision Projects:
A.
Approval of Preliminary Development Plan
1.
Site Development Plan signed by a licensed architect planner or engineer
planner at a scale ranging from one to one thousand (1:1,000) to one to five thousand
(1:5,000) showing the proposed layout of streets, lots and other features in relation to
existing conditions.
2.
Vicinity Map within a radius of 2 kilometers from the periphery of the project
or as may be required by the Commission, showing the relationship of the proposed
subdivision to existing community, facilities which serve or may directly or indirectly
influence it, main traffic arteries; public transportation line; shopping centers;
elementary, high school and other educational institutions; and other community
facilities; titles, scale, north arrow and date.
Approval of the preliminary subdivision plan shall be valid only for a period of one
hundred eighty (180) days from date of approval. Submission of preliminary plans
may not be required for complex subdivision projects in developed residential zones
where facilities and services, such as water, power and transportation are available.
B.
Approval of Final Subdivision Plan
1.
Final Subdivision Plan duly signed by a licensed architect planner or engineer
planner consisting of the site development plan at any of the following scales: one to
one thousand (1:1,000); one to two thousand (1:2,000); or any scale not exceeding
one to five thousand (1:5,000); showing all proposals including the following:
a.
Roads, easements or right-of-way and roadway width, alignment, gradient and
similar data for alleys, if any.
b.
Lot numbers, lines and areas and block numbers.

c.
Site date; number of residential or saleable lots, typical lot size and open
spaces.
2.
Engineering Plans showing the alignment, elevations, typical cross sections
and details of road systems water supply and distribution system, drainage and
sewage disposal facilities, power distribution system and street lighting plans.
3.
Topographic Plan to include existing conditions as follows:
a.
Boundary Lines: Bearings and distances.
b.
Streets and assessments, rights of way width and elevation on and adjacent to
the subdivision.
c.
Utilities on and adjacent to the subdivision: Location, size and invert elevation
of sanitary storm and combined sewers; location of gas lines, fire hydrants, electric
and telephone poles and street lights. If water mains and sewers are not on/adjacent to
the subdivision, indicate the direction and distance to, and size of nearest one,
showing invert elevation of sewers.
d.
Ground elevation on the subdivision: For ground that slopes less than 2
percent, indicate spot elevations at all breaks in grade, along all drainage channels and
at selected points not more than 30 meters apart in all directions; for ground that
slopes more than 2 percent, either indicate contour with an interval of not more than
0.5 meter if necessary due to irregular land or need for more detailed preparation of
plans and construction drawings.
e.
Other conditions on the land: Water courses, marshes, rock and crop, wooded
areas, isolated preservable trees 0.3 meter or more in diameter, houses, barns, shacks,
and other significant features.
f.
Proposed public improvements: Highways or other major improvements
planned by public authorities for future construction on or near the subdivision.
g.
Ministry of Agrarian Reform conversion approval of tenanted rice and corn
lands from agricultural to residential use.
4.
Project Study indicating raw land and development costs, total project costs,
amortization schedules, sources of financing, marketability, cash flow, housing
schemes, if any, and work program.
5.
Certified true copy of Title and Tax Declaration or other evidence of
ownership or intent to sell and authority to develop signed by the owner.
6.
Permit for operation of deepwell, and a water resistivity test if and when
necessary, from the appropriate government agency.
7.
Join Affidavit of land owner, developer and architect planner or engineer
planner that the subdivision plan conforms with the standards and requirements of
these rules and that development thereof will be made strictly in accordance with
program submitted to the Commission.
If the application for subdivision project is feasible and economically viable and does
not run counter to the general land use pattern and development plans of the
government, and the plan complies with the zoning ordinances of the city or
municipality where it is situated and with these rules, the subdivision plan shall be
approved and a development permit shall be issued upon payment of the prescribed
processing fee and under such condition as may be imposed by the Commission. A
final approval/development permit shall be valid for a period of one (1) year from
date of issue. cCSEaA
The owner or developer shall execute the necessary surveys of the project and prepare
the survey returns with technical descriptions and computations to be submitted
together and in accordance with the approved subdivision plan, to the Bureau of

Lands for verification and approval, pursuant to Section 50 of PD 1529 (Property


Registration Decree).
RULE II
Approval of Condominium Plan
SECTION 2. Application for Approval of Condominium Plan. Any registered
owner or developer of a parcel of land who wishes to develop the same into a
condominium project shall apply with the Commission by filing in quadruplicate the
following:
I.
Approval of Preliminary Plan
A.
Architectural Plan showing the site development plans, ground and floor
plans, sections and elevations.
Filing of applications for approval of preliminary plan of a condominium shall be
optional. Preliminary approval of such a plan shall be valid for a period of one
hundred eighty (180) days.
II.
Approval of Final Plan
A.
Condominium Plan duly signed by a licensed architect and/or engineer
consisting of the following documents:
1.
Architectural plan containing: site development Plan; ground and other floor
plan(s); sections and elevations.
2.
Building specifications and estimated cost.
B.
Project Study indicating, among others, the development cost, total project
cost, amortization schedules, sources of financing, marketability, cash flow and
project time table/completion.
If the establishment of the condominium project is feasible and economically viable,
and does not run counter to the approved zoning and land use plan of the city or
municipality and the plan complies with these Rules, the condominium plan shall be
approved upon payment of the prescribed processing fee and under such conditions as
may be imposed by the Commission.
Thereafter, the owner or developer shall submit the condominium plan to the Building
Official in accordance with the requirements of the National Building Code, of the
city, municipality or province where the property lies and the same shall be cited upon
subject to the conditions and in accordance with the procedure prescribed in Section 4
of the Condominium Act (R.A. No. 4728).
RULE III
Registration and Licensing of Subdivision and Condominium Projects
SECTION 3. Application for Registration. The owner or the real estate dealer
interested in the sale of lots or units in a subdivision and in condominium project,
respectively, shall register the project with the Commission by filing of the
registration statement containing the following information:
a.
Name of the owner and dealer;
b.
Name, location and areas of subdivision/condominium project;
c.
The location of the owner's and dealer's principal business office, and if the
owner is a non-resident Filipino, the name and address of his agent or representative
in the Philippines authorized to receive notice;
d.
The names and addresses of all directors and officers of the business firm, if
the owner and/or dealer is a corporation, association, trust or other entity, and of all
partners, if it is a partnership;
e.
The general character of the business actually transacted by the owner; and
f.
A statement of the capitalization of the owner, including the authorized and
outstanding amount of its capital stock and the proportion thereof which is paid up.

The following documents shall be attached to the registration statement:


a.
Copy of Transfer Certificate of Title in the name of the applicant if none was
submitted in application for plan approval;
b.
For condominium projects, all plans registered with the Register of Deeds
including the Master Deed and the Declaration of Restrictions;
c.
Articles of Incorporation or Articles of Partnership or Association as the case
may be, with all the amendments thereof and existing by-laws or instruments
corresponding thereto and a copy of latest annual corporate report to the Securities
and Exchange Commission, including a copy of the latest financial statements
showing the amount and general character of its assets and liabilities certified by a
certified public accountant;
e.
Affidavit of the owner that the property is free from liens and encumbrance,
except legal easements and restrictions: Provided however, That in case the
subdivision/condominium project or portion thereof is mortgaged, there is an
undertaking by the mortgagee to release the mortgage on any subdivision lot or
condominium unit as soon as the full purchase price for the same is paid by the buyer;
f.
A copy of the contract of management or development, if the management
and/or development will be undertaken by a person other than the owner;
g.
A copy of any circular, prospectus, brochure, advertisement, letter or
communication to be used for the public offering of the subdivision lots or
condominium units; and
h.
Copy of form contract to be used in the sale of lots or units.
SECTION 4. Certificate of Registration. Upon finding that the project may be
registered in accordance with the provisions of the Decree and these Rules the
Commission shall cause to be published at the expense of the applicant a notice of the
filing of the registration statement in two (2) newspapers of general circulations, one
published in English and another in Pilipino, once a week for two (2) consecutive
weeks, reciting that a registration statement for the sale of subdivision lots or
condominium units has been filed with the Commission and that the aforesaid
registration statement as well as the papers attached thereto, are open to inspection
during business hours by interested parties.
After two (2) weeks from the completion of the publication and upon submission of
the affidavit of publications, the Commission shall in the absence of any impediment,
issue a Certificate of Registration upon payment of the prescribed fees.
SECTION 5. License to Sell. No owner or dealer shall sell any disposable
subdivision lot or condominium unit in the registered project without a license to sell
issued by the Commission.
Upon proper application therefor, submission of the required work program,
performance bond and payment of the prescribed license fee by the owner or dealer,
the Commission shall issue to him a license to sell the lot or unit in the project or
portion thereof covered by the performance bond if the Commission is convinced that
he is of good repute, his business is financially stable, and the proposed sale of the
subdivision lot or condominium unit to the public is not fraudulent.
SECTION 6. Performance Bond. The performance bond required under Sec. 6 of
the Decree may be in any of the following forms.
a.
If found to be financially able to complete the project, a surety bond
amounting to twenty percent (20%) of the development cost issued by a duly
accredited bonding company and acceptable to the Commission. It shall contain a
clause stating among others that it shall remain in full force and effect unless it is
ordered cancelled or released by the Commission.

b.
Certificate of guarantee of any bank or financing institution of good standing
in favor of the Commission for the total development cost. ISCcAT
c.
Project approved prior to the promulgation of PD 957, in case the proponent
has been found financially unable to develop the project, a cash bond equivalent to
fifty per cent (50%) of the development cost which may be in the form of:
1.
Fiduciary deposit made with the cashier and/or disbursing officer of the
Commission;
2.
A certificate of guaranty deposit issued by any bank or financing institution of
good standing in favor of the Commission for the total development cost.
3.
Letter from any bank of recognized standing certifying that so much has been
set aside from the bank account of the applicant in favor of the Commission which
amount may be withdrawn by the Chief Executive Officer of the Commission or by
his duly authorized representative, at any time the principal fails or refuses to comply
with his duties and obligations under the bond contract; or
4.
Any irrevocable credit line to be utilized in the development of the project
from any bank organized standing and a refinancing or financial re-structuring
program indicating sources of funding from duly accredited funding institutions.
Whenever the Commission finds, after the license applied for has been issued, that the
performance bond is or for any cause has become, worthless, inadequate or
insufficient, the owner or dealer after due notice, may be required to give an
additional performance bond and unless such bond is posted within ten (10) days from
receipt of such notice, the license shall be suspended or revoked.
When the owner or dealer desires to have his bond cancelled, released, reduced, or
replaced, he shall file an application in writing with the Commission stating therein
his reasons. The bond filed may be cancelled or released when the undertaking under
it has been complied with.
SECTION 7. Existing Subdivision/Condominium Projects. The owner or dealer
of an existing subdivision or condominium project shall register the project with the
Commission within one year from publication of these Rules by filing a sworn
registration statement in quadruplicate containing the following information:
a.
Name of the owner and dealer;
b.
Name, location and area of projects;
c.
Location of the owner's and dealer's principal office, and if the owner is nonresident Filipino, the name and address of his agent or representative in the
Philippines authorized to receive notice;
d.
Names and addresses of all the directors and officers of the business firm, if
the owner/dealer is a corporation, association, trust or other entity, and of all partners,
if it is a partnership;
e.
General character of the business actually transacted by the owner;
f.
Statement of the capitalization of the owner, including the authorized and
outstanding amount of its capital stock and the proportion thereof which is paid-up.
The application shall be accompanied by the following:
a.
Approved subdivision or condominium plan.
b.
Latest financial statements showing the amount and general character of his
assets and liabilities.
c.
In case of a business firm, a copy of its articles of incorporation or articles of
partnership or association, as the case may be, with all the amendments thereof and
existing by-laws or instruments corresponding thereto.
d.
Fact sheet containing the material information on the operations of the projects
to include the number of the lots/units sold, not yet fully paid, accounts receivable, the

extent/status of land development or building construction, and the cost of complete


development.
e.
Certified true copy of title and tax declaration to the property.
f.
If the property is mortgaged, the mortgage contract and status of mortgage
loan certified by the mortgagee.
g.
Copy of any form contract, circular, prospectus, brochure, advertisement,
letter or communication used or to be used for the public offering of the subdivision
lots or condominium units, if any.
h.
If the facilities, improvements, and other forms of development cannot be
completed within one (1) year from the registration thereof, a detailed program of
development indicating the improvements to be constructed, provided for and their
corresponding development cost and time frame of construction and completion.
i.
Sworn statement of owner/developer describing availability/existence of water
supply and electric power facilities.
If the owner or developer of the subdivision or condominium project cannot complete
compliance with his obligations within one (1) year from the registration thereof he
shall file an adequate performance bond in accordance with Section 6, c. hereof.
If the application for registration is found to be in order the Commission shall register
the project and issue a Certificate of Registration to the owner or dealer upon the
payment of the registration fee.
Thereafter the owner or dealer shall apply with the Commission for a license to sell
by filing sworn application in quadruplicate containing the following information:
a.
Name and address of owner and dealer;
b.
Name and location of project: and
c.
Certificate of Registration number of the project.
If the Commission is convinced that the owner or dealer is of good repute, has
complied with pertinent orders, rules and regulations of the Commission, his business
is especially stable, the proposed sale of the lots or units to the public is not
fraudulent, and he has conducted his business in accordance with law and sound
business principles, a license to sell the disposable lot or unit in the project shall be
issued to the owner or dealer upon payment of the established license fee.
RULE IV
Registration of Real Estate Dealers, Brokers and Salesmen
SECTION 8. Application for Registration of Dealers, Brokers and Salesmen. No
dealer, broker or salesman shall engage in the business of selling subdivision lots or
condominium units without securing a certificate of registration by filing with the
Commission a registration statement in quadruplicate containing the following
informations:
a.
Name, age and address.
b.
If a corporation, partnership, or association, its office address and branch
offices and the names and addresses of its executive officers and directors.
c.
Statement that applicant is qualified to act as real estate broker or salesman
pursuant to law.
d.
If applicant is a salesman, the name and address of the dealer or broker who
employs him, attaching a copy of appointment.
e.
If the applicant is a broker, the names and addresses of salesmen employed by
him.
SECTION 9. Certificate of Registration. If the Commission shall find that the
applicant is of good repute and has filed the required bond, he shall register the

applicant and issue to him a Certificate of Registration, upon the payment of the
prescribed registration fee.
The Certificate of Registration shall expire on the thirty-first day of December of each
year; provided further, that the Certificate of Registration issued for the current year
1981 shall expire on the 31st day of December 1981.
The Certificate of Registration of a salesman shall be cancelled upon the termination
of his employment with a dealer or broker. The dealer or broker shall notify in writing
the Commission of such termination, otherwise he shall be liable for acts committed
by the salesman prior to the receipt of the notification by the Commission. The
salesman shall surrender to the Commission for cancellation of his Certificate of
Registration within fifteen (15) days from the date of his employment is terminated.
SECTION 10. Bonds. The Bond required under Section 11 of the Decree may be
either a cash or a surety bond issued by a duly accredited bonding company. The bond
shall contain a clause stating among others that it shall remain in full force and effect
unless it is ordered cancelled or released by the Commission. The bond shall be
executed in favor of the Human Settlements Regulatory Commission conditioned
upon the faithful and honest discharge by the applicant, as well as the salesman
working under a broker or dealer, of their duties and shall further provide that upon
failure to discharge those duties, the applicant shall be liable on the bond to any and
all persons who may suffer loss by reason of such failure. The amount of the bond
shall be Five Thousand Pesos (P5,000.00) for Dealers/Brokers and One Thousand
Pesos (P1,000.00) for Salesmen. These bonds shall no longer be required if equivalent
bonds or securities have already been posted by applicants for the same purpose with
other government agencies pursuant to law. aDHScI
A dealer, broker or salesman may apply in writing with the Commission for the
cancellation and release of his bond stating therein his reasons. In appropriate cases
the Commission may require the applicant to cause the publication of a notice therefor
at the latter's expense in a newspaper of general circulation stating, among others, the
fact of such application. The proof of publication shall be submitted to the
Commission. Any person, having any claim for money or property against the dealer,
broker or salesman in his real estate service or practice, must file his claim with the
Commission within fifteen (15) days from the date of publication. If the reason for the
cancellation of the bond is his cessation from further engaging in the business of
selling subdivision lots or condominium units, the dealer, broker or salesman shall
surrender his certificate of registration to the Commission and his name shall be
cancelled from the Register of Dealers, Brokers and Salesmen.
RULE V
Minimum Design Standards
SECTION 11. Design Standards for Subdivision. Residential subdivisions are
classified into simple and complex subdivisions. Complex subdivisions are further
categorized into Models A, B and C. Such subdivisions shall conform with the
applicable zoning ordinance, the pertinent provisions of the National Building Code
and its implementing rules, applicable laws and rules affecting roads and related
services and the following design standards:
A.
General Provisions
1.
Site Criteria. Subdivision projects shall be located in areas classified as or
appropriate for residential uses. The site thereof must be accessible from and served
by access road to public transportation lines and preferably proximate to basic utilities
of services such as water supply, drainage and sewerage system and power supply.

As a rule the design standards applicable to a particular subdivision project shall be in


accordance with the level of development of the locality where it may be situated.
Model A subdivision may be located in all cities and municipalities.
Model B subdivision shall be located in second class municipalities and below
provided that it may be allowed as a variance in cities and first class municipalities.
Model C subdivision shall be allowed only in third class municipalities and below,
provided that it may be allowed as a variance in second class municipalities, or in
urban land reform zones or blighted areas.
2.
Design and Planning Considerations. Planning and designing of
subdivision projects shall take into account adequate, efficient and integrative road
circulation system servicing every lot therein; judicious allocation of uses for
diversity and amenity, preservation of site assets, proper siting or orientation of lots;
blending with existing and proposed development in the vicinity; and application of
workable design principles or parameters for a well planned and self-sustaining
environment.
3.
Land Allocation. For subdivision project with an area of 1 hectare or more
the maximum saleable lots shall be 70% thereof. The owner and/or developer thereof
shall reserve 30% of the land area for roads, alleys pathways, parks, playgrounds and
open spaces. Parks and playgrounds shall comply with the requirements of
Presidential Decree No. 1216.
B.
Design Parameters and Road Specifications of Complex Subdivision
1.
Minimum Lot Sizes. Lot sizes for rowhouses and duplexes shall not be less
than 50 and 150 square meters, respectively, for all models. For single detached
houses the minimum lot size shall not be less than 100 square meters for all models.
2.
Lot Frontage. Frontage for regular lots shall not be less than 10 meters for
models A and B and 8 meters for model C. Irregular lots shall observe a frontage of
not less than 6 meters for all models. Frontage for rowhouses lots in all models shall
not be less than 4 meters. Alleys shall be provided after every 250 meter length of a
block. A block should in no case exceed 400 meters in length.
3.
Roads in Model A Subdivisions. Major roads shall have a right of way of
15 meters, 10 meters thereof shall be the carriageway. The remaining 1.2 meters shall
be reserved for planting strip and the 1.3 meters on each side, shall be developed as
sidewalks.
Collector Roads shall have a 12.5 meters right of way 8.5 meters thereof shall be the
carriageway, 1.2 meters and 0.8 meter as sidewalk and planting strips respectively on
each side.
Service Roads shall have a right way of 10 meters, 6 meters thereof as a carriageway,
1.2 meters and 0.8 meter on each side as sidewalks and planning strips respectively.
Alleys shall not be less than 4 meters and both ends of which shall connect to a street.
Motor courts which shall be installed in terminals of service roads or cluster houses
shall have a carriageway of not less than 6 meters in width with provision for
sufficient space for vehicular turn around a branch or "T" the maximum length not to
exceed 60 meters. The same may either be paved by concrete or asphalt.
Carriageway for major, collector, service roads and alleys shall be paved either in
asphalt or concrete. Dead ends shall not be allowed for major and collector roads.
Sidewalks shall be paved with pre-fabricated concrete slabs/CHB or asphalt.
4.
Services/Utilities for Model A Subdivision
a.
Water Supply System

Whenever possible, the subdivision water supply shall be connected to an approved


public water system or community system provided that the water supply is enough to
meet the total daily requirements of the anticipated population.
When neither a public water system, nor an acceptable community system is
available, a centralized water supply system may be accepted, provided that:
1.
The technical consultant of the developer shall determine the location and
discharge capacity of the water supply source(s) within the subdivision;
2.
The permits to dig well(s) or tap water lines from the appropriate government
agencies are obtained;
3.
That the water source shall be sufficient to meet the daily water requirements
of every household in the subdivision;
4.
No hazards shall exist in the immediate vicinity of the water source that might
reduce or pollute the supply; and
5.
Equal distribution of water is assured.
Every water service entrance or connection shall be provided with a pressurecompensating, self-regulating, constant flow valve or fitting to ensure equitable
distribution of water, water and power conservation and long-term savings on
operational costs of water system.
a.1
Water Requirements
Every dwelling unit shall be served by an individual supply of water. The pipe
diameter shall be sufficient to meet the total hourly domestic needs of every
household for any eight (8) hour period.
1.
Average Daily Demand (ADD) for Open Market, Economic and Social or
Low Cost Subdivisions shall be 375, 265 and 150 liters per capita per day (lcpd) for
household connection, respectively.
2.
Maximum Demand Factor: Maximum Day Demand: from 120% to 150% of
ADD
a.2
Fire Protection Demand
1.
When possible, provide two (2) standard fire hose flows for one (1) fire
hydrant occurring at the farthest end and highest portion of the subdivision or two (2)
at every 662 liters per minute (175 gallons per minute) fire flows.
2.
Maximum spacing of fire hydrants shall not be more than 250 meters.
3.
Fire reserve shall conform with the rules and regulations of the Local or
District Fire Unit of the Integrated National Police.
a.3
Pump Capacity and Number of Deepwell Pumps
1.
Based on a 24-hour pumping, the deepwells and pump should have combined
discharge capacity equal to the Maximum Daily Demand.
2.
Each subdivision must have at least two (2) deepwell and pump sets. A
deepwell may be permissible in a small subdivision, provided that a spare pump and
meter set is reserved.
a.4
Reservoir/Water Tank
1.
For multi-storey buildings
If the height of the building requires water pressure in excess of that in the main water
line, a water tank shall be provided.
Tank shall also be required if the peak drawn should reduce the pressure on the
highest usable floor to less than 10 psi (pounds per square inch) the minimum
pressure required for satisfactory operation of fixtures, particularly those with flush
valves.
2.

Capacity 20% ADD plus Fire Reserve

a.5
Pipes
Pipe sizes shall vary according to reticulation, subdivision area and existing pipes
from any source outside the project site. Nevertheless, pipe installations within the
protect site shall conform to the accepted national standards for water supply pipes.
The pipes used must be of new materials, of uniform thickness and weight, and free
from defects such as cracks and/or deformities.
Installation of pipes must likewise conform to the accepted standard practices for pipe
installation. Where water supply lines are underground, they must be as far as
possible from sewer line, and in no case shall the distance between both lines be
closer than 0.90 meter.
b.
Sewage Disposal System
1.
Where available, connections shall be made to an approved public or
community sewer system, subject to the requirements and provisions of the Sanitation
Code and other applicable rules and regulations with regards to materials and
installation practices.
2.
Rain water may be channeled into a sanitary sewer system only if the capacity
of the main collector system is specifically designed for such purposes. When the
sewer system is not adequate to carry an additional load, rain water from pavements,
roofs and terraces shall be channeled to street gutters or to ground covered areas
having natural percolating properties.
3.
Where community sewer system is not available, sewage shall be disposed of
and treated in individual septic tanks. IEHSDA
(a)
Construction
Septic tanks shall be constructed of durable materials, completely water-proofed and
designed to withstand dead and live loads.
(b)
Location
Septic tanks and drainfields shall be located at a minimum of 25 meters from any
body of water (spring, aquifer, stream, well, etc.), as prescribed by the Sanitation
Code.
(c)
Drainage System
The drainage system of the subdivision must conform with the natural drainage
pattern of the subdivision site, and shall drain into appropriate water bodies or public
drainage system. Its layout shall conform with sound engineering design/principles.
Drain lines shall be of durable materials and approved installation practices.
c.
Electrical Power Supply and Communication System
Primary and alternate source of power for the subdivision must be readily
available for the use of subdivision dwellers. Street lighting, utility poles, features and
wiring system must conform with the design standards or provisions of the Electrical
Code.
d.
Garbage Disposal System
The subdivision shall have a sanitary and efficient refuse collection and
disposal system, whether independently or in conjunction with the municipal/city
garbage collection and disposal services.
5.
Roads in Model B Subdivisions
Major Roads shall have a right of way of 10 meters, 6 meters thereof shall be the
carriageway. The remaining 2 meters on both sides shall be developed equally for
sidewalk and planting strip.
Minor roads shall have a carriageway of 8 meters, 6 meters thereof shall be the
carriageway. The remaining 1 meter strip each on both sides shall be developed as 0.6
meter sidewalk and 0.4 meter planting strip.

Alleys which shall be provided in every 250 meter length of a block shall not be less
than 4 meters in width and both ends thereof must connect to a road. Alleys must be
asphalted.
The standard for motor courts in the model A subdivisions shall likewise be observed
when necessary.
The carriageway of major and minor roads shall be asphalted. Dead ends shall not be
allowed in major roads. Sidewalks shall be paved with pre-fabricated concrete
slabs/CHB or asphalt.
6.
Services/Utilities for Model B Subdivision
a.
Water Supply System
1)
Whenever possible, water supply for subdivision shall be connected to a
public or community water supply system. Otherwise, other sources of water supply
such as underground water through centralized deepwell with pump, must be tapped
and developed subject to pertinent requirements of appropriate government agency.
2)
Operation of a central deepwell with pump shall conform to the standards set
forth under Model A subdivision including water requirements.
3)
Flexibility or variation from the central source system may be allowed
provided that the alternating system is proven feasible and adequate.
b.
Requirements for power, sewage disposal system, drainage and garbage
disposal facilities shall be similar to those prescribed for Model A subdivisions.
7.
Roads in Model C Subdivision
Major roads shall have a right-of-way of 8 meters, 6 meters thereof shall be the
carriageway. The remaining 1 meter on both sides shall be reserved for side walk and
an open drainage canal.
Minor roads shall have a right of way of 6.5 meters, 4.5 meters thereof shall be the
carriageway and the remaining 1 meter on each side shall be reserved for sidewalk
and open drainage canal. Dead ends are allowed for minor roads.
Alleys which shall be allowed as access to lot shall not exceed 150 meters in length
and shall not be less than 4 meters in width both ends thereof must connect to a street.
Beyond the 150 meter length a minor road rather than an alley shall be provided.
The carriageway of a major road shall at least be a macadam while those of a minor
roads and alleys shall be of 4 inch thick gravel on compacted earth.
8.
Services/Utilities in Model C Subdivision
a.
Water supply system
1.
Whenever an approved public water supply exists, connection to it by the
subdivision is mandatory. Otherwise, other sources of water supply shall be identified
and developed. DHIETc
2.
Operation of communal or individual wells may initially be allowed. The
developer shall provide communal artesian wells to serve at most 100 families, per
well located strategically within the subdivision for convenient use by the residents.
These wells shall preferably be covered and properly equipped with devices to allow
sanitary methods of withdrawing water and for its conservation. Each well shall
likewise be allocated approximately four (4) square meters area which shall be part of
the common area, and shall not encroach on any saleable lot or right of way.
Adequacy of water supply shall be based on the standard requirement of 43 liters per
capita per day. Individual well within each lot is allowable subject to the results of
tests of subsurface condition of the land by the appropriate government agency.
3.
Other sources of water such as spring, pond/lake, river whenever practicable
be considered and/or developed for the use of the subdivision residents. However,

quality of water shall be appropriate to the specific use it may be availed for, such that
water for drinking must be potable.
4.
Fire reserve, either ground or elevated water tank, shall be provided according
to the requirements of the local or district fire unit of the Integrated National Police.
b.
Sewage Disposal
For sewage disposal, individual septic tanks shall be provided. Design and
construction thereof shall be in accordance with the National Building Code
requirements.
c.
Drainage
Drainage System shall be through surface or open canal along the roads and
constructed of suitable materials to prevent erosion of the sides and cotton, like
compacted gravel, concrete slabs for the bottom, and brick, stone or concrete hollow
blocks (grouted with cement) for the sides. These canals shall also run with a certain
slope to ensure free flow of water and prevent stagnation. However, where there is an
existing drainage system in the community, the subdivision shall adapt and connect to
it.
d.
Power
Where power service is available within the locality of the project, its connection to
the subdivision is imperative. Otherwise, this requirement is optional.
e.
Garbage Disposal
Garbage disposal shall be through sanitary and efficient method like composting,
landfill, etc., which can be undertaken either by individual lot buyers, by the
subdivision services, or in cooperation with the municipal or city services.
9.
Other Facilities
Facilities such as parks, playgrounds, neighborhood/multi-purpose centers, site for
religious use and drug stores shall as far as practicable be centrally located within a
subdivision. Ideally these facilities should be away from any major roads and hazards
of motor vehicles.
C.
Minimum Requirement for Simple Subdivision
In a simple subdivision project a right of way of at least 3 meters wide shall be
provided for an interior lot plus 0.5 meter per additional lot if a right of way reaches 6
meters a motor court shall be provided in accordance with the preceding standards.
SECTION 12. Design Standards and Guidelines for Residential Condominium
Projects.
A.
Conformity to Land Use Plan/Zoning Ordinance/National Building Code
1.
Residential condominium project shall be located in areas zoned as or
appropriate for residential uses.
2.
Condominium projects shall likewise conform with the minimum building
requirements, lot occupancy, open spaces, parking and other requirements of the
National Building Code and its implementing rules.
B.
Site Preservation/Alteration
Provisions for site preservation/alteration for residential subdivision shall apply.
C.
Area Planning
1.
Supplementary and supportive activities to residential use shall be allowed and
located in the ground floor only or accommodated in separate structure within the
project site.
2.
Open spaces shall be provided within the project site pursuant to the Building
Code and rules. These shall include courts, yards, setbacks, lightwells, uncovered
driveways, access roads, parking spaces, buffer strips, parks and playgrounds. Except

as may hereafter be otherwise provided these spaces shall be open from the ground to
the sky. The open space shall also be allocated for basic utilities and community
facilities or common areas. Whenever non-conforming uses or heavy traffic routes
adjoin a condominium project buffer or planting strip of not less than three (3) meters
wide shall be provided.
3.
Easements for utilities, such as drainage system, water supply, power lines and
communication lines, shall be integrated with the circulation system. aHTCIc
4.
Building orientation on lot shall take into account proper ventilation, sunlight
and land characteristics.
D.
Space Standards
Space allocations shall provide areas for living, dining, kitchen, sleeping, toilet and
bath, laundry/drying area and storage in accordance with the following:
1.
Dwelling Unit Dimensions shall not be less than 40.00 square meters for
household units and 31.00 square meters for single occupancy units.
2.
Off-Street Parking spaces shall be provided for unit owners on a one to one
ratio. Parking area may be off-site provided that it shall not be more than 100 meters
away from the condominium project.
Whenever basement parking or multi-floor parking garages shall be provided within
the project site, the parking space provided therein shall be subtracted from the total
parking area required of the project.
3.
Parks/Playgrounds
a.
Parks/playgrounds of at least 50 square meters shall be provided for
condominium projects with 10 units, plus 3 square meter per additional unit. These
may be located in the ground, ground floor, roof deck or in between floors.
Parks/playgrounds shall be accessible to living units and free from any form of hazard
or danger. The same shall be properly landscaped to accommodate both active and
passive activities. Other facilities like tennis courts or swimming pools shall be
integrated with parks/playgrounds. Development thereof shall be in accordance with
the plan approved by the Commission.
4.
Circulation
Roads shall serve every building, parking space, park/playground and service points.
Minimum right of way of roads shall be 8 meters, 6 meters thereof shall be the
carriageway and the remaining 2 meters shall be developed as sidewalk/planting strip.
Pathwalks shall be provided for pedestrian circulation with a minimum width of 1.2
meters.
Construction of roads sidewalk and pathwalks shall be in accordance with the
standards of Model A subdivisions.
E.
Basic Utilities and Services
1.
Service Area (Laundry-Drying Area)
Adequate laundry and drying areas shall be provided for every dwelling unit of the
condominium.
Where such service areas are held in common, they shall have suitable outdoor
locations, fenced or screened and kept away from living rooms, entrances or front
yards. A minimum of three (3) square meters of area shall be provided per living unit
of the project.
2.
Mechanical Equipment and Service Areas
Elevators shall be optional for condominium projects not exceeding 4 floors. For
condominium with 5 to 7 floors at least 1 elevator of adequate size shall be provided.
Those beyond 7 floors shall have at least 2 elevators of adequate sizes.
3.
Refuse Collection/Disposal

Adequate refuse collection and disposal system shall be provided independently or in


conjunction with the municipality or city garbage collection and disposal services.
4.
Water supply, power, sewerage and drainage utilities shall conform with the
requirements for Model A or B Subdivision.
SECTION 13. Conversion of Existing Structures to Condominium Projects.
Existing structures may be converted into condominium projects upon proper
application thereof with Commission and compliance with the requirements of
condominium laws and these rules and standards.
SECTION 14. Variances. These design standards and requirements may be
modified or varied by the Commission in cases of large scale government residential
subdivision or condominium projects, housing in areas for priority development or
urban land reform zones, resettlement or social housing projects oriented towards low
income groups, or housing projects financed by any government financial institution,
or in cases where strict observance hereof will cause extreme hardship to the
subdivision condominium owner/developer.
RULE VI
Miscellaneous Provisions
SECTION 15. Definition of Terms. For purposes of these rules:
a.
Decree shall mean Presidential Decree No. 957 otherwise known as "The
Subdivision and Condominium Buyer's Protective Decree."
b.
Commissioner shall mean the Human Settlements Regulatory Commission.
c.
Existing Subdivision Project or Condominium Project shall refer to
subdivision or condominium plans or projects approved by the city/municipal
government or Bureau of Lands/Land Registration Commission/Courts which is not
fully developed/constructed or there are still unsold subdivision lots or condominium
units as of 12 July 1976, the date the Decree took effect.
d.
Complex Subdivision Project shall mean a subdivision project wherein a
street, passageway or open spaces is delineated on the subdivision plan. Where the
project covers an area less than one hectare requirements No. 4 and 6 in Section 1, II,
B of Rule I for final plan approval shall be optional.
e.
Simple Subdivision Project shall mean a subdivision project less than one
hectare in area covered by a simple division plan where no street or passageway is
delineated on the plan, provided that in the event piece meal or partial submission of
project plans are made the same shall be considered in its entirety and when
applicable the provisions of P.D. 1216 on open spaces shall be observed.
f.
Condominium shall mean 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. A condominium may include, in addition,
a separate interest in other portions of such real property. Title to the common areas,
including the land, or the appurtenant interests in such areas, may be held by a
corporation specially formed for the purpose in which the holders of separate interests
shall automatically be members or shareholders, to the exclusion of others, on
proportion to the appurtenant interest of their respective units in the common areas.
TEAICc
The interest in condominium may be ownership or any other interest in real
property recognized by the law of property in the Civil Code and other pertinent laws.
g.
Condominium Project means the entire parcel of real property divided or to
be divided in condominiums, including all structures thereon.

h.
Condominium Unit means a part of the condominium project intended for
any type of independent use or ownership, including one or more rooms or spaces
located in one or more floors (or part or parts of floors) in a building or buildings and
such accessories as may be appended thereto.
SECTION 16. Submission of Semestral Reports on Operations. Every owner or
dealer of a registered subdivision or condominium project shall submit to the
Commission semi-annual reports on operations showing the extent/status of land
development or building construction changes in corporate officers or managers and
their address within sixty (60) days after the end of each semester. Copies of
corporate reports to the Securities and Exchange Commission shall also be furnished
to the Commission.
SECTION 17. Display of Certificate of Registration and License to Sell. The
certification of registration and License to Sell issued by the Commission shall be
displayed in a conspicuous place in the principal office of the owner, dealer, broker or
salesman, as the case may be and xerox copy thereof in all its branches and offices.
SECTION 18. Lost or Destroyed Certificate of Registration or License to Sell.
Upon loss or destruction of a certificate of registration or license to sell a duplicate
copy thereof may be issued by the Commission after satisfactory proof of loss or
destruction, and payment of the prescribed fee. The fact that such duplicate has been
issued shall be made of record.
SECTION 19. Advertisement. Advertisement through print or broadcast media
concerning sale of subdivision lots and condominium units shall be cleared with the
Commission pursuant with Section 19 of the decree. Advertisements shall contain,
among others, the license number to sell subdivision/condominium projects as
approved by the Commission.
SECTION 20. Extension of Time for Completion. Request for extension of time to
complete development of a subdivision or condominium project may be granted only
in cases where non-completion of project is caused by fortuitous events, legal orders
or force majeure and with the written notice to lot or unit buyers without prejudice to
the exercise of their rights pursuant to Section 23 of the decree.
The request for extension of time for completion shall be accompanied by a revised
work program for a period of one year with project costing and financing scheme
therefor. In appropriate cases the Commission may require the posting of additional
performance bond not exceeding fifty percent of development cost, cancel the license
to sell, if any, or issue such orders it may deem proper.
SECTION 21. Transfer of Ownership or Change of Name. Request for transfer of
ownership and/or change of name may be granted only if there is a deed of absolute
sale over the subdivision or condominium project sought to be transferred and/or the
name thereof changed with an undertaking on the part of the transferee to assume full
responsibility for the completion of the development thereof. The requirement in
Sections 4 and 6 hereof shall be observed whenever applicable.
Such request for transfer of ownership or change of name shall be published at
applicant's expense in a newspaper of general circulation within the city or
municipality where the project is located at least once a week for two (2) consecutive
weeks.
SECTION 22. Alteration of Plans. Request for alteration of subdivision or
condominium plans may be granted if the requirements of Section 22 of the decree are
complied with.
SECTION 23. Non-forfeiture of Payments. No installment payment made by a
buyer in a new or existing subdivision or condominium project for the lot or unit he

contracted to buy shall be forfeited in favor of the owner or developer when the buyer,
after due notice to the owner or developer and clearance from the Commission desists
from further payment due to the failure of the owner or developer to develop the
project according to the approved plans and within the time limit for complying with
the same. Such buyer may at his option be reimbursed the total amount paid including
amortization interests but excluding delinquency interests, with interests thereon at
the legal rate.
SECTION 24. Registration of Conveyances. Sales or conveyances of the
subdivision lots and condominium units shall be registered within 180 days from
execution thereof by the seller with the Register of Deeds of the province or city
where the property is situated pursuant to Section 17 of the Decree. Except as may
otherwise be provided for by law the Commission may in appropriate cases cause the
Register of Deeds to cancel registration, entries or annotations on titles made on this
regard.
SECTION 25. Mortgages. Mortgage of any unit or lot by the owner or developer
shall be cleared with the Commission pursuant to Section 18 of the Decree.
SECTION 26. Realty Tax and Other Charges. No realty tax assessment or other
charges shall be imposed on a lot or unit buyer except as provided for in Sections 26
and 27 of the Decree.
SECTION 27. Complaints Against Owners, Dealers, Brokers and Salesmen.
Complaints or proceedings against owners, developers, dealers, brokers and salesmen
shall be resolved in accordance with the Rules of Procedure to Govern the Conduct of
Hearings Before the Commission.
SECTION 28. Administrative Fines.
a.
Any owner or dealer who fails to register an existing subdivision project or
condominium project within the period prescribed under these rules and regulations
shall be penalized by a fine of Five Hundred Pesos (P500.00) per day of delay but not
exceeding Ten Thousand Pesos (P10,000.00), as provided under Section 38 of the
Decree.
b.
Any owner or dealer who sells any subdivision lot or condominium unit
without a valid license from the Commission to sell such lot or unit shall be penalized
by a fine of not more than Ten Thousand Pesos (P10,000.00).
c.
Any salesman, broker or dealer who engages in the business of selling
subdivision lots or condominium units without a valid certificate of registration from
the Commission shall be penalized by a fine of not more than Ten Thousand Pesos
(P10,000.00).
d.
Any person who violates any provisions of these Standards, Rules and
Regulations shall be penalized by a fine of not more than Ten Thousand Pesos
(P10,000.00).
The implementation and payment of these administrative fines shall not preclude
criminal prosecution of the offender under Section 39 of the Decree.
SECTION 29. Criminal Penalties. Any person violating any provisions of these
Rules shall be guilty of an offense and shall suffer the penalties provided for under
Section 39 of the Decree.
SECTION 30. Identification of Lot Subject of Sale. The owner or dealer of a
subdivision project shall attach to and which shall form part of the sales document of
any lot, a sketch plan clearly showing the area, boundaries and dimensions of the lot
in relation with the block and the whole project, as well as the location of the project
in relation with public roads and other land marks, to be certified by a licensed
geodetic engineer and signed by the seller and buyer. AEDCHc

SECTION 31. Broker/Salesman as Witnesses to Sales. The Broker or salesman


who negotiated the sale of a subdivision lot or condominium unit shall act as one of
the witnesses to the sales document with an indication of his Certificate of
Registration number and renewal date. If the sale was directly made by the owner or
dealer, the fact must be so stated in the sales document.
SECTION 32. Fees. The Commission shall collect the following fees.
A.
Approval of Subdivision Plan:
1.
Preliminary Processing Fees P50.00 and additional amount of P10.00 for
every hectare or fraction thereof in excess of ten (10) hectares. This shall be
equivalent to final processing fee for simple subdivisions.
2.
Final Processing Fees. for the different kinds of subdivision projects as
defined in the Design Standards, Section 14 thereof.
a.
Subdivisions having a density of 66 to 100 families/gross hectare
P150.00/hectare or any fraction thereof.
b.
Subdivisions having a density of 21 to 65 families/gross hectare
P200.00/hectare or any fraction thereof.
c.
Subdivision having a density of 20 and below families/gross hectare P300/
hectare or any fraction and an additional amount of P0.10 per square meter of floor
area of houses/buildings sold with the lot.
3.
Alteration of Plans Fees These shall be the same as No. 2 (Final Processing
Fee), but shall cover only the affected portions of the subdivisions subjected to
alteration.
B.
Approval of Condominium Plan:
1.
Preliminary Processing Fee P50.00
2.
Final Processing Fee P0.50 square meter of the project total land area and
an additional amount of P0.10 per square meter of saleable floor area of the building.
3.
Alteration of Plans Fees the same as No. 2 (Final Processing Fees), but
shall cover only the affected portion of the condominium subjected to alteration.
4.
Conversion of existing structure to condominium the same as No. 2.
Registration and License to Sell of Subdivision/Condominium Project:
1.
Registration and License to Sell of Subdivision Project:
a.
Subdivisions having a density of 66 to 100 family lots/gross hectare
P5.50/saleable lot.
b.
Subdivisions having a density of 21 to 65 family lots/gross hectare P15.00
saleable lot.
c.
Subdivisions having a density of 20 family lots and below/gross hectare
P30.00/saleable lot.
2.
Registration and License to Sell Condominium Project:
a.
For condominium project serving the low income group a processing fee of
P1.00 per square meter of saleable area.
b.
For condominium projects serving the middle income group a processing fee
of:
P2.00 per square meter of residential area; and
P5.00 per square meter of commercial area.
c.
For condominium projects serving the high income level a processing fee of:
P4.00 per square meter of residential area; and
P5.00 per square meter of commercial area.
C.
Inspection Fees:
1.
Subdivisions:

a.
Subdivisions having a density of 66 to 100 family lots/hectare
P10.00/hectare or any fraction thereof.
b.
Subdivisions having a density of 21 to 65 family lots/hectare
P15.00/hectare or any fraction thereof.
c.
Subdivisions having a density of 20 family lots and below/hectare P20.00/
hectare or any fraction thereof.
2.
Condominium P1.50/sq.m. of saleable area
D.
Registration of Dealers, Brokers and Salesmen
1.
For dealer/broker P50.00
2.
For salesman P30.00
SECTION 33. Accreditation of Licensed Engineers and Architects. Any duly
licensed Architect, Engineer or Planner who desires to be accredited with the
Commission shall file his sworn application containing his name and address, current
Professional Regulation Commission Registration number and date of issuance
(attached photostatic copy); and specimen of signature and dry seal. HEcaIC
SECTION 34. Authority for the Issuance of Supplemental Directives or Memoranda.
Authority is hereby given to the Chief Executive Officer of the Commission to
issue supplement directives or memoranda implementing or interpreting and
consistent with the provision hereof.
SECTION 35. Applicability. These Rules shall apply only to residential
subdivisions and condominium projects as defined by the Decree and related laws.
Development of an existing subdivision shall be governed by the design standards and
requirements set forth by the appropriate government agency obtaining at the time of
its approval. These Rules shall not apply to the transactions mentioned in Section 7 of
the Decree.
SECTION 36. Separability Clause. The provisions of these Rules are hereby
declared separable, and in the event any of such provisions are declared null and void,
the validity of all other provisions shall not be affected thereby.
SECTION 37. Effectivity. These Rules shall take effect immediately after its
publication three (3) times a week for two (2) consecutive weeks in any newspaper of
general circulation.
Adopted and promulgated this 02 September 1981, at Makati, Metro Manila.

APPROVED:
(SGD.) IMELDA R. MARCOS
Minister of Human Settlements
Chairman of Human Settlements
Regulatory Commission
ATTESTED:
(SGD.) ERNESTO C. MENDIOLA
Commissioner and
Chief Executive Officer
C o p y r i g h t 2 0 0 5 C D T e c h n o l o g i e s A s i a, I n c. qcteam