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Subdivision Planning in the Philippines

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19 views17 pages

Subdivision Planning in the Philippines

Uploaded by

billylampa42
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Tarlac State University

COLLEGE OF ARCHITECTURE AND FINE ARTS


San Isidro Campus, Tarlac City
ARCHITECTURAL DESIGN 6
Ar. Arleen Guieb – Instructor (2025)

REASERCH PAPER
SUBDIVISIONS PLANNING

Submitted by:
LAMPA BILLY BOY P.

2022300986

3B
Table of Contents

I. Introduction
A. Types of Subdivisions
1. Residential Subdivisions
2. Commercial Subdivisions
3. Industrial Subdivisions
B. Subdivision Planning and Design

II. Legal Framework Governing Property Subdivision in the Philippines


1. Presidential Decree No. 957 (PD 957)
2. Batas Pambansa Blg. 220 (BP 220)
3. Local Government Code of 1991 (RA 7160)
4. Comprehensive Land Use Plans (CLUPs)
5. DHSUD Guidelines

III. Procedural Requirements for Subdividing Property in a Residential


Subdivision
1. Local Government Permits
2. Compliance with Zoning Regulations
[Link] from Homeowners’ Association (HOA)
4. Subdivision Approval from DHSUD
5. Land Title Adjustment and Registration
6. Environmental Compliance

IV. Restrictions on Subdivision of Lots Within Residential Subdivisions


1. Zoning and Land Use Restrictions
2. Deed Restrictions and HOA By-laws
3. Easements and Right-of-Way Concerns
4. Setbacks and Open Space Requirements

V. Case Law and Judicial Interpretation


1. Property Ownership Rights
2. Zoning Violations
3. Enforcement by HOA

VI. Design Standards and Guidelines for Residential Subdivisions


A. Site Criteria
1. Location
2. Physical Suitability
[Link]
B. Planning Considerations
1. Area Planning
2. Open Spaces
a. Streets
b. Walks
c. Parks and Playgrounds
3. Facilities and Amenities
4. Density
5. Site Preservation
a. Slope
b. Preservation of Site Assets
c. Ground Cover
6. Easements
7. Circulation
8. Street Names and Signs
B. Design Parameters
1. Land Allocation
a. Saleable Area
b. Non-Saleable Area
i. Parks and Playgrounds
ii. Community Facilities
iii. Circulation System
- Hierarchy of Roads
- Road Right-of-Way (ROW)
- Planting Strips
VII. Key Legal References
1. Presidential Decree No. 957 (PD 957)
2. Republic Act No. 7160 (Local Government Code of 1991)
3. Republic Act No. 7160 (Local Government Code of 1991)
4. Presidential Decree No. 1529 (Property Registration Decree)
5. Republic Act No. 6657 (Comprehensive Agrarian Reform Law)
I. Introduction

The subdivision process encompasses multiple stages, such as site planning and design,

adherence to zoning laws, development of infrastructure and utilities, consideration of

environmental impacts, and securing necessary approvals. Furthermore, effective financing,

marketing, and sales strategies are crucial to a project's success. As the real estate industry

continues to change, trends like international subdivisions and cross-border transactions are

becoming more prominent, driven by the rise of real estate investment trusts (REITs) and

technological innovation. For real estate stakeholders, understanding the complexities and

obstacles in subdivision development is vital, as it helps identify future trends and potential

areas for growth. Generally, subdivisions fall into three main categories: residential,

commercial, and industrial.

A. Types of Subdivisions

A.1. Residential Subdivisions

Residential subdivisions lots may be sold to individual homeowners or developers who

build homes, duplexes, or multi-family units. They are primarily consist of housing units,

such as single-family homes, townhouses, and apartment complexes, catering to the needs

of individuals and families.

A.2. Commercial Subdivisions

A commercial subdivision is a piece of land that has been divided into smaller lots, each

one intended for commercial use. This can include stores, restaurants, offices, banks,

gyms, service providers, hotels and more. In simple terms, these subdivisions are

designed to support business and customer activity.


Just like a neighborhood is planned with homes, schools, and parks in mind, a

commercial subdivision is planned to make it easy for businesses to operate and for

people to access goods and services. And these subdivisions can take many forms. Some

are retail-focused, like shopping plazas or strip malls. Others are more office-oriented,

hosting law firms, medical clinics, or corporate headquarters. And there are even mixed-

use commercial subdivisions also, where businesses and offices are combined with cafes,

banks, and sometimes even residential units nearby.

A.3. Industrial Subdivisions

An Industrial subdivision is a specially designed area where land is divided into

separate plots, each set aside for industrial purposes. This means activities like

manufacturing, warehousing, distribution, and sometimes research and development.

Think of it as a neighborhood—not for homes, but for factories, logistics companies,

and production facilities.

What makes these subdivisions different from other types of land developments is that

they’re built with industry in mind from the start. Roads are made wider to

accommodate trucks and heavy machinery. Utility lines are more robust, offering

higher electricity and water capacities to handle the demands of large- scale

operations. Often, these areas are located near highways, railroads, or ports so goods

can move in and out quickly and efficiently.

One of the biggest reasons industrial subdivisions are important is because they help

organize a city’s layout. Just like residential neighborhoods are designed to be quiet

and comfortable, industrial areas are made to handle noise, traffic, and large

equipment—things that wouldn’t be welcome in


someone’s backyard. This separation keeps cities running smoothly and helps avoid

conflicts between different types of land use.

B. Subdivision Planning and Design

The planning and design process involved in subdivision development is a crucial aspect of

creating successful and sustainable communities. This process begins with a thorough

analysis of the site, including its topography, natural features, and surrounding land uses.

Based on this analysis, a preliminary subdivision layout is prepared, which outlines the

proposed land uses, lot sizes, and road network. This layout is then subject to various zoning

regulations and environmental considerations, ensuring that the development aligns with

local planning policies and minimizes its impact on the environment.

II. Legal Framework Governing Property Subdivision in the Philippines

The subdivision of lots within a residential area is governed by the following primary laws

and regulations:

1. Presidential Decree No. 957 (PD 957) – Also known as the "Subdivision and

Condominium Buyers' Protective Decree," PD 957 was enacted to protect subdivision

and condominium buyers from unscrupulous practices. The law imposes specific

requirements on subdivision developers and homeowners to maintain a standard of

living within the community.

2. Batas Pambansa Blg. 220 (BP 220) – BP 220 prescribes economic and socialized

housing standards for subdivisions and condominiums. It sets the minimum

requirements for land development and regulates the rights and obligations of property

owners within subdivisions.


3. Local Government Code of 1991 (Republic Act No. 7160) – The Local Government

Code provides local government units (LGUs) with authority to regulate land use,

zoning, and property development within their respective jurisdictions. LGUs may

implement local zoning ordinances affecting property subdivision in subdivisions.

4. Comprehensive Land Use Plans (CLUPs) – Local zoning ordinances form part of the

CLUPs, which LGUs design based on their jurisdictional needs and characteristics.

Zoning ordinances restrict the use and development of property, including subdivision

within residential developments.

5. Department of Human Settlements and Urban Development (DHSUD) Guidelines

– Formerly under the HLURB, the DHSUD now oversees the standards for subdivision

development. DHSUD guidelines provide more specific requirements regarding

subdivision design, lot sizes, road widths, open spaces, and other property development

aspects.

III. Procedural Requirements for Subdividing Property in a Residential

Subdivision

When subdividing property within a subdivision, property owners must comply with both

local and national requirements. The following steps generally apply:

1. Obtain Local Government Permits – The property owner must secure a

Development Permit from the local government’s Planning Office. The LGU typically

requires submission of a plan that meets local zoning requirements. This step may

include an assessment by the local council to verify that the proposed subdivision

does not contravene existing zoning laws.

2. Compliance with Zoning Regulations – Property owners must check the applicable

zoning laws for their area. For instance, in a residential subdivision, further

subdivision of a lot may be limited to prevent overcrowding or to maintain the


character of the neighborhood.

3. Approval from the Homeowners’ Association (HOA) – If an HOA exists, obtaining

their approval may be required before further subdividing a property. Many HOAs

impose deed restrictions or guidelines that affect property usage and development. An

HOA may challenge or prevent further subdivision if it violates the original deed

restrictions.

4. Secure Subdivision Approval from DHSUD – The DHSUD sets out specific

standards for subdivisions, including road networks, drainage, open space, and

setbacks. Approval from the DHSUD, along with the LGU, ensures compliance with

national subdivision regulations and community standards.

5. Land Title Adjustment and Registration – Following approval, the subdivided

parcels of land require individual titles. This process includes registering the

6. new titles with the Land Registration Authority (LRA) and updating property records.

7. Environmental Compliance – For large subdivisions or developments, compliance

with environmental requirements, such as Environmental Compliance Certificates

(ECC), may be necessary. Although this is less common in residential areas, it may

apply depending on the scale of the subdivision project.

IV. Restrictions on Subdivision of Lots Within Residential Subdivisions

1. Zoning and Land Use Restrictions – LGUs have jurisdiction over zoning and land

use within their areas. Certain areas may have zoning restrictions prohibiting the

further subdivision of lots within residential subdivisions to control population density

and ensure quality of life for residents. Additionally, the Comprehensive Land Use

Plan (CLUP) may impose specific restrictions or requirements based on urban

planning goals.
2. Deed Restrictions and HOA By-laws – The developer or HOA may impose deed

restrictions that prohibit property owners from subdividing their lots. For example,

some subdivisions impose minimum lot size restrictions, which prevent owners from

splitting lots below a certain area. Violating these deed restrictions may result in legal

challenges from the HOA or neighboring property owners.

3. Easements and Right-of-Way Concerns – When subdividing a property, owners

must consider easements, particularly access to the newly subdivided lot. If a lot is

subdivided without adequate right-of-way access, the local

government or HOA may deny the subdivision approval to ensure that public access

standards are met.

4. Setbacks and Open Space Requirements – National and local standards may

mandate that each subdivided lot maintains a minimum setback distance from roads or

adjacent properties. Similarly, open space requirements are enforced to prevent

overcrowding. Subdivisions that lack adequate open spaces may face restrictions or

penalties, as these are essential for sustainable community planning.

V. Case Law and Judicial Interpretation


In the Philippines, several cases have addressed subdivision issues within residential

communities:

1. Property Ownership Rights – Philippine courts have upheld that property ownership

is subject to zoning and subdivision restrictions. In certain cases, the courts have ruled

that deed restrictions or HOA by-laws imposing restrictions on subdivision must be

upheld if they are reasonable and in line with local ordinances.

2. Zoning Violations – Judicial decisions have also reinforced the authority of LGUs to

regulate zoning, stating that subdividing lots within a residential subdivision without

complying with zoning regulations can result in penalties or even the nullification of

the subdivision.
3. Enforcement by HOA – Philippine courts have generally upheld the authority of

HOAs to enforce their regulations, especially if such restrictions are necessary to

maintain the community’s character and value. Courts have ruled that property

owners who disregard HOA guidelines may face legal consequences, emphasizing the

importance of compliance with community standards

RULE I MINIMUM DESIGN STANDARDS

VI. Design Standards and Guidelines for Residential Subdivision

Residential subdivision projects shall conform with the following minimum design standards,

applicable local government units' (LGU) zoning ordinances as well as pertinent provisions

of the National Building Code if project is with housing component:

A. Site Criteria

1. Location
Conformity with Zoning Ordinance/Comprehensive Land Use Plan Subdivision

projects shall be located in residential zones or other areas appropriate for residential

uses. If there is no Zoning Ordinance or approved Comprehensive Land Use Plan, the

dominant land use principle and site suitability factors cited herein shall be used in

determining suitability of a project. Subdivision projects supportive of other major

urban activities (e.g. housing for industrial workers) may be allowed in area zoned for

the said urban activities

2. Physical Suitability
Subdivision projects shall be located within suitable sites for housing and outside

hazard prone areas and protection areas as provided for by pertinent laws. Critical

areas (e.g. areas subject to flooding, landslides and those with unstable soil) must be

avoided. The site shall be stable enough to accommodate foundation load without

excessive earthmoving, grading or cutting and filling.

[Link]
The site must be served by a road that is readily accessible to public transportation
lines. Said access road shall conform with the standards set herein to accommodate

expected demand caused by the development of the area. In no case shall a

subdivision project be approved without the necessary access road/right-of-way. Said

access road right-of-way may be constructed either by the developer or the local

government unit.

B. Planning Considerations

1. Area Planning
Planning and designing of subdivision projects shall take into account the following:
[Link] and general welfare of the future occupants
b. Adequate, safe, efficient, and integrative road circulation system servicing
every lot therein
[Link] allocation of land uses for diversity and amenity
[Link] of site
[Link] siting or orientation of lots
[Link] with existing and proposed development in the vicinity
g. Application of workable design principles or parameters for a well-planned and self-
sustaining environment

When a developer or planner submits a Planned Unit Development (PUD) type of project,
the layout shall likewise conform to the standards for residential projects.
A. Open Spaces

Open spaces shall conform to the provisions of P.D. 1216 and its implementing rules and

shall include the following:

A.1. Streets – Adequate and safe means of vehicular and pedestrian circulation and

easements for utilities and planting strips shall be provided.


A. 2. Walks – Paved walks shall be provided to the living units from streets, parking

spaces, and from living units to play areas.

A.3. Parks and Playgrounds – Suitable recreational area(s) shall be allocated within the

subdivision. A hierarchy of such areas may be provided (e.g., a main park complemented

by smaller pocket parks). These must be accessible to living units, free from hazards, and

at street level.

B. Facilities and Amenities


Areas required for subdivision facilities and amenities shall be judiciously allocated in

accordance with the provisions herein specified.

C. Density
The density of subdivision projects shall conform with residential densities set forth in

the zoning ordinance of the city/municipality where the project is located. Where

there is a mixture of housing types (e.g., single-detached, row houses, townhouses),

density shall include the total number of dwelling units in multi- storey structures plus

the number of lots for single and semi-detached houses.

2. Site Preservation
A. Slope
The finished grade shall have a desired slope to allow rainwater to be channeled into street

drains. Where cut and fill is necessary, grading shall prevent depressions. Grading and

ditching must be done to avoid erosion or flooding of adjacent properties.

B. Preservation of Site Assets


Suitable trees with a caliper diameter of 200 mm or more, shrubs, and desirable ground

cover (per DENR rules) shall be preserved. Existing quality topsoil shall be banked

and reused for yards, playgrounds, parks, and gardens.

C. Ground Cover
Grass, shrubs, and other landscaping materials must be appropriate to the intended use

and location and planted to ensure well-tended cover of the area.


3. Easements
Subdivision projects shall observe and conform to easement provisions required by:
[Link] IV, Section 51 of the Water Code (water bodies)
[Link] Power Corporation (transmission lines)
[Link] Resolution No. 515, Series of 1992 (identified fault traces)
[Link] public utility companies and entities' rights-of-way
[Link]/local government units for projects abutting national roads,
including loading and unloading areas
[Link] related laws

4. Circulation
Depending on the classification of adjacent roads and project site size, the road network should

establish a hierarchy of functions and define the subdivision as an integrated unit.

[Link] complemented with pathwalks within the subdivision must be aligned to


facilitate movement and to link the subdivision to the nearest major transportation
route and/or adjacent property. Whenever there are existing roads within the project
site that will be part of the subdivision plan, these shall be improved in accordance
with the standards set forth herein

[Link] should conform to the contours of the land as far as practicable.

Where a proposed project adjoins a developed property, roads within the said project
shall be connected, integrated, or aligned with existing ones.

Where a proposed project adjoins undeveloped property, provision for future connection
shall be mandatory.
c. As far as practicable, streets shall be laid out at right angles to minimize critical
intersections such as blind corners, skewed junctions, and similar hazards.
[Link] shall conform to sound engineering practices.

e. Subdivision projects shall comply with the pertinent requirements of Batas


Pambansa Blg. 344, otherwise known as the Accessibility Law.
5. Installation of Street Names/Signs
The developer shall bear the cost of street name/sign installation, coinciding with street

construction.

C. Design Parameters
1. Land Allocation
For open market and medium-cost subdivisions with an area of one (1) hectare or more,

the land shall be allocated as follows:


 Saleable Area – Maximum of 70% of the gross area
 Non-Saleable Area – Minimum of 30% of the gross area
The following non-saleable area shall be observed consistent with PD No. 1216:
a.1 Parks/Playgrounds
Allocation of area for parks and playgrounds shall be mandatory for projects one (1)

hectare or more and shall be deemed non-buildable area. The same shall be

strategically located within the subdivision project. Area allocated for parks and

playgrounds shall in no case be less than 100 square meters.

The percentage requirement for parks/playgrounds shall be as follows:

a.2 Community Facilities

Mandatory provision of areas for community facilities, such as neighborhood multi-

purpose center both for open market and medium cost housing projects with area one

(1) hectare and above. These areas are non-saleable. However, the developer may

provide additional areas for community facilities such as schools and

commercial/retail centers in excess of the mandatory requirement set forth in this rule

which shall be deemed saleable. The use of the said area shall be indicated in the plan

and shall be annotated in the title thereto. (Refer to Table 2)

a.3 Circulation System


a.3.1 Hierarchy of Roads
The circulation system for open market and medium cost housing projects

shall have the following hierarchy of roads:

.
Minimum road right-of-way shall be in accordance with b.3.2 of this section.
In no case shall a major road be less than 10 meters when used as a main access road and/or
as a future connection.
a) Major Road – A street or road linking the site and serving as the main traffic artery within
the project site. It shall traverse the longer axis of the property.
b) Collector Road – A street or road that services pedestrian/vehicular traffic from minor
roads leading to major roads.
c) Minor Road – A road whose main function is to provide direct access to lots and other
activity centers.

d) Motor Courts – Shall have a right-of-way of not less than 6 meters in width, with

provision for sufficient space for vehicular turnaround in the form of a cul-de-sac, loop,

branch, or "T", with a maximum length of 60 meters inclusive of terminal.

e) Service Roads – Roads that provide for the distribution of traffic among individual lots

and activity centers.

f)Alley – A 2-meter wide walkway used to break a block and to serve pedestrians and

emergency purposes. It shall not be used as access to property.

a.3.2 Road Right-of-Way (ROW)


The corresponding right-of-way for the hierarchy of roads shall be as follows:
Key Legal References

I. Presidential Decree No. 957 (PD 957) – Subdivision and Condominium Buyer’s

Protective Decree.

[Link] Pambansa Blg. 220 (BP 220) – Standards for Economic and Socialized Housing

Projects.

III. Republic Act No. 7160 (Local Government Code of 1991) – Governs LGU powers

over zoning and local land use regulations.

IV. Republic Act No. 11201 (2019) – Created the Department of Human Settlements and

Urban Development (DHSUD), replacing HLURB.

V. Presidential Decree No. 1529 (Property Registration Decree) – Governs the

registration of land titles in the Philippines.

VI. Republic Act No. 6657 (Comprehensive Agrarian Reform Law) and subsequent

References
DHSUD (n.d.). Revised IRR of PD 957.

[Link]

Daniels, T. (2016). The Environmental Planning Handbook. American Planning Association.

Levy, J. M. (2017). Contemporary Urban Planning. Routledge.

[Link]. Subdivision Planning and Design.

Jones Lang LaSalle. (2012). Global Industrial Real Estate Market Outlook.

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