Overview of Subdivision Development
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cheliebeamOverview of Subdivision Development
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Powered by AIBP 220 regulates the development of economic and socialized housing projects, focusing on affordability and standards for lower-income households. In contrast, PD 957 is broader in scope, aiming to protect buyers of subdivision lots and condominium units, focusing on transparency, safety, and quality of developments .
A developer must complete various regulatory submissions to comply with subdivision laws, including obtaining a certificate of registration, providing a performance bond, and applying for a License to Sell through the Department of Human Settlements and Urban Development (DHSUD). They also need to engage with the Registry of Deeds for title issuance and the Assessor's Office for tax declaration .
The LINA Law (RA 7279) requires developers to dedicate an area equivalent to 20% of the gross area or project cost of the main subdivision project to socialized housing. This is significant because it ensures that development projects contribute to addressing the housing needs of low-income groups and promote social equity .
The essential legal steps in the development of a subdivision project include obtaining Barangay Clearance, determining Locational Viability through the Local Government Unit (LGU), acquiring an Environmental Compliance Certificate from the Department of Environment and Natural Resources (DENR), and handling land conversion through the Department of Agrarian Reform (DAR) or land reclassification through the LGU .
The "Open Space" mandate specified by PD 1216 requires developers to allocate at least 30% of the gross area of a residential subdivision for open spaces, which include roads, alleys, parks, and other service areas designed for recreation and community use .
Avoiding 'preselling' before obtaining a License to Sell is crucial because it ensures that all legal and practical aspects of the development, including necessary approvals and constructions, are adequately addressed. This protects buyers from purchasing properties that might not meet legal or safety standards and ensures transparency and trust in the real estate market .
A complex subdivision differs from a simple subdivision by including delineated streets and open spaces, whereas a simple subdivision does not delineate such features. Complex subdivisions integrate infrastructural elements like roads and potentially incorporate open community spaces .
Residential subdivisions are categorized into single family and multi-family developments. Single family developments feature a single dwelling unit on each lot with direct street access, while multi-family developments have more than one dwelling unit per lot .
The Home Development Mutual Fund Law of 1980, or PD 1752, supports subdivision projects by facilitating financial support through the Pag-IBIG Fund, which provides affordable housing loans and benefits to fund members, thereby enhancing affordability and access to housing projects .
The site preparation phase in the physical development of subdivisions includes activities such as site clearing, cut and fill operations, earth moving works, road tracing, and monumenting of lots through muhon placement .