Documente Academic
Documente Profesional
Documente Cultură
SEMINAR (CRES)
For REAL ESTATE BROKERS
November 21, 2015 to January 10, 2016
Mama Luisa Restaurant
J. Catolico Avenue, General Santos City
SUBDIVISION DEVELOPMENT
By: Engr. Waldemar G. Soguilon, REB, REA, EnP
PRC
PRC
PRC
PRC
PRC
TOPIC
OUTLINE
I. Introduction
a. Constitutional Mandate
b. Useful Statistics
c. Key Shelter Agencies
d. HUDCC Vision
e. Framework for Housing
II. General Concepts of Subdivision Development
a. Background
c. Main Categories
of Subd. Development
b. Definitions
d. Types of Residential Subdivision
e. Kinds od Subdivision
e.1 As to Complexity
e.2 As to Uses
III. SUBDIUVISION DEVELOPMENT PROCESS
a. TYPES OF SUBDIVISION
b. TWO STEPS IN SUBDIVISION DEVELOPMENT
c. Summary of Legal/Physical Development
III. Quick Guide on Real Estate Laws and Issuances on Special and Technical
Knowledge
IV. HLURB Historical Background
1987 Constitution:
USEFUL STATISTICS:
RPs Total National population (as of 2015) - 100 million
Urban Population (63%)
- 63 Million
Number of Households
-12.5 Million
Informal settlers (20% of the urban population)
-2.55 M households
Housing backlog (nationwide)
- 5.5 Million houses
Housing backlog (for Mindanao alone)
- 620,000 houses
Number of squatters/
Informal settlers nationwide
- 585,926 households
Number of squatters/
Informal settlers in Metro Manila
- 220,000 households
Revalidated UDHA Registrants
in Gen.Santos City (as of 11/ 25/10)
- 15,950
Squatter/informal dwellers within
General Santos City(2011)
- 21, 847 households
HUDCC
HDMF
Lender
s
SHFC
NHA
HLURB
NHMFC
Fund
Mobilizer
Producer
HGC
Pending Proposal:
Dept. of Housing and Urban Development (DHUD)
Regulator
HUDCC Vision:
To provide families not just with the infrastructure of a
house but the framework of a home, to build not just a
neighborhood, but a real harmonious community.
BACKGROUNDER:
. Subdivision
development is a very
complex undertaking
. It needs the services of different
professionals such as Civil Engineers,
Architects, Geodetic Engineers, and
many more.
b. DEFINITIONS:
1. SUBDIVISIONdivision of a tract or parcel of land
into two or more lots, sites or other divisions for the
purpose, whether immediate or future, of a sale or
building development. It also includes re-subdivision.
2.LAND
SUBDIVISIONrefers
to
the
creative
manufacturing process of converting a large parcel
of raw land or consolidating several adjoining
parcels of various sizes and shapes, subdividing the
consolidated land in an orderly pattern and providing
access roads to each of the lots, together with such
utilities, facilities and amenities as maybe necessary
for the particular project.
3.
SUBDIVISION
DEVELOPMENTthe
conversion of unimproved rawland into a site
that will be capable of supporting a desired
activity and intended usage, which may be for
residential,
commercial,
or
industrial
purposes.
MAIN CATEGORIES OF
SUBDIVISION DEVELOPMENT
c.1
RESIDENTIAL
SUBDIVISION
the
conversion of rawland a safe, serviceable and
affordable residence with associated facilities.
c.2
COMMERCIAL
DEVELOPMENTSthe
development of strategically located property
for office, retail, wholesale and financial
activities and also for general services and
travellers needs. Its viability is dependent on
the purchasing power of the supporting
population within the area and it accessibility.
c.3
INDUSTRIAL
DEVELOPMENTthe
development of big tract of rawland which
focuses on providing property to industrial,
manufacturing
purposes.
Its
success
depends upon the climate, topography,
transportation facilities, and availability of
sewer outlets, water sources and future
expansion potentials.
d. TYPES OF RESIDENTIAL
SUBDIVISIONS:
d.1
e. KINDS OF SUBDIVISION:
e.1 As to Complexity
1. SIMPLE refers to a subdivision of a parcel of land
located on an existing street into two or more lots
without creating any road or open space or without
changing the existing external periphery for
boundary.
2. COMPLEX refers to a subdivision of a parcel of
land after consolidating them into two or more lots,
with provisions for roads and/or community spaces,
or with changes in the external periphery or
boundary.
e.2 As to Uses
1. RESIDENTIALdevoted to dwelling in a
certain place that is used as the permanent
abode of a person or family.
2. COMMERCIALdevoted to edifices or
houses in which businesses directed primarily
for profit is transacted or undertaken.
3. INDUSTRIALdevoted to use by entities
engaged in industrial pursuit or manufacturing
of goods for profit.
SUBDIVISION DEVELOPMENT
PROCESS
TWO TYPES of SUBDIVISION
SIMPLE SUBDIVISION:
Banks
Suppliers
Contractors
Buyers
Professionals needed to
develop a subdivision:
Lawyer
Geodetic Engineer
Surveyor
Architect
Civil Engineer
Electrical Engineer
Sanitary EngineerStructural Engineer
Landscape Artist Accountant
Project Manager Environmental Planner
(Real Estate Practitioners)??!
REC, REA, REB, Salesperson
1.LEGAL DEVELOPMENT:
the paperwork
2. PHYSICAL DEVELOPMENT:
the technical side to convert
raw land into a housing project
Legal Development
Legal Development
Legal Development
SURVEYS:
Table survey
Field survey
Relocation or verification survey
CITY/MUNICIPAL PLANNING
OFFICE:
Zoning clearance
Legal Development
CITY/ MUNICIPAL COUNCIL:
Mayors permit (Subdivision Task Force)
CITY MUNICIPAL ENGINEERS
OFFICE/BUILDING OFFICIAL:
Building permit
Occupancy permit
Legal Development
BUREAU OF LANDS:
Approved subdivision plan
Approved lot description
Approved technical description
Legal Development
Legal Development
REGISTER OF DEEDS:
Issuance of individual titles
Certified true copy of titles
ASSESSORS OFFICE:
Issuance of individual tax declaration
Physical Development
SITE CLEARING:
Cut & fill
Earthmoving work
Road tracing
Monumenting of lots
Physical Development
ENTRANCE/EXIT GATES:
Guard house
Perimeter fences
DRAINAGE SYSTEM:
Underground pipes
Manholes
Physical Development
CONSTRUCTION OF ROADS:
Road preparation
Cementing or asphalting
Curbs & gutters
Sidewalks
Physical Development
CONSTRUCTION OF HOUSES:
Construction of model units
Construction of houses
CONSTRUCTIONS OF AMENITIES:
Construction of open space facilities
(playgrounds, clubhouse, basketball
court, etc)
Physical Development
ELECTRICAL SUPPLY:
Erection of electrical posts
Electrical connections
Street lights
WATER SUPPLY:
Deep well with elevated water tank or
undergone cistern
MWSS/Water District interconnection
Physical Development
OTHER UTILITIES:
Cable TV connections
Telephone lines
Internet connections
CCTV/security cameras
2.Physical Development
a. Site Clearing
b. Entrance/Exit Gates
c. Drainage System
d. Construction of Roads
e. Construction of Houses
f. Construction of Amenities
g. Electrical Supply
h. Water Supply
i. Other Utilities
QUICK GUIDE
ON
REAL ESTATE LAWS AND
ISSUANCES
ON
SPECIAL & TECHNICAL
KNOWLEDGE
EO419
EO 90
(1986)
Identifying
the
government
agencies
essential
for
the
National Shelter Program and
defining
their
mandates,
Coordinating Council (HUDCC),
rationalizing funding sources and
lending mechanisms for home
mortgages.
EO 184 Creating socialized housing one-stop
processing centers
EO 648 Reorganizing the Human Settlement
(1981)
Regulatory Commission. Declared the
HLURB as the planning, regulatory
and quasi-judicial instrumentality of
government
for
land
use
development
ACT 3135
BP 220
(1982)
PD 856
PD 953
PD 957
(1976)
PD 1216
PD 1344
PD 1529
PD 1752
RA 7899
RA 9856
RA
9904
HISTORICAL BACKGROUND
Task Force on Human Settlement
(TFHS)
Executive Order No. 419 (9/19/73)
Vision...
A well planned and self-reliant communities
via
land and housing regulations
Mission...
To promulgate and enforce land use and
housing regulations which sustain a balance
among economic development
advancement, social justice and
environmental protection for the equitable
distribution and enjoyment of
developmental benefits.
P D #957:
THE SUBDIVISION &
CONDOMINUIM BUYERS
PROTECTIVE DECREE
Regulating the sale of subdivision
or subdivision lots &
condominiums, providing penalties
for violations thereof
Implementing arm:
Housing & Land Use Regulatory
Board
(HLURB)
REGISTRATION of PROJECTS
1.Name of owner
2.The location of the owners principal
business office
3.The names & address of all directors &
officers of the business firm
4.The general character of the business
actually transacted by the owner
5.A statement of the capitalization of the
owner
Attachment to Project
Registration
1.A copy of the subdivision or condominium plan
2.A copy of any circular, prospectus, brochure or
advertisement
3.A balance sheet showing all assets & liabilities
4.A title to the property, if free from all liens &
encumbrances
Document to be issued:
Certificate of Registration
LICENSE TO SELL
Must be secured within two weeks after
receipt of the CR
Certifies that:
Owners or dealer is of good repute
His business is financially stable
The proposed sale would not be fraudulent
EXEMPTIONS
1. Sale of a subdivision lot resulting from the
partition of land among co-owners or coheirs
2. Sale or transfer of subdivision lot or a
condominium unit by the original buyer &
subsequent sale of the same property
3. Sale of subdivision lot or condominium unit
by the mortgagee to liquidate a bonafide
debt
4. Bulk buying (when sold as bought)
PERFORMANCE BOND
SECTION 11:
REGISTRATION of DEALERS,
BROKERS & SALESMEN
No real estate dealer, broker or salesman shall
engage in the business of selling subdivision
lots or condominiums units unless he has
registered with the HLURB
REVOCATION of REGISTRATION
od DEALERS, BROKERS &
SALESMAN
Has violated any provision of this Decree
Has made a material false statement in his
application
Has been guilty of fraudulent act
Has demonstrated his unworthiness
MORTGAGE by DEVELOPER
Cannot be done by the developer without
prior approval by the HLURB
Can only be allowed by the HLURB if the
proceeds of the loan will be used for the
development of the project
An escrow account will be opened involving
HLURB and the developer
ADVERTISEMENT
Must reflect the real fact and must not be
misleading or deceiving
The owner or developer shall be answerable
and liable for those contained in all ad
materials
TIME COMPLETION
Within one year from the issuance of the
license to sell
NON-FORFEITURE OF PAYMENTS:
No installment payments by the buyers shall be
forfeited by the owner or developer or his
failure to finish the development within the time
frame required.
FAILURE TO PAY of
INSTALLMENTS
Covered by RA #6552 (The Maceda Law)
ISSUANCE OF TITLE:
Upon full payment
If mortgaged by developer, he should redeem
and deliver the title within six months
PROPERTY TAX
Shall be paid by the developer if title has not
been passed on to the buyer
However, if the buyer has already taken
possession of the property, property tax will
now be paid by the buyer.
OTHER PROVISIONS
ACCES TO PUBLIC OFFICES IN THE
SUBDIVISION:
No developer shall deny any person free access
to any public office located within the
subdivision or may be reached only through the
subdivision.
RIGHT OF WAY TO PUBLIC ROAD:
The developer must secure right of way access
to any existing public road.
ORGANIZATION OF
HOMEOWNERS ASSOCIATION:
Shall be initiated by the developer and
organized among the buyers & residents of the
project
PD #1216:
DEFINING REQUIRED OPEN
SPACE in RESIDENTIAL
SUBDIVISIONS
REQUIREMENT:
Developer must allocate 30% of the gross area
of any development project for open space.
OPEN SPACE:
An area reserved exclusively for parks, roads,
alleys, sidewalks, playgrounds, recreational
uses, centers, clubhouses and other similar
facilities & amenities
COVERAGE:
Project lot area of one hectare or more.
ALLOCATION FOR PARKS, PLAYGROUNDS &
RECREATIONAL USE
CATEGORY
ALLOCATION
High density or
socialized
housing
9.0%
21 to 65 family lots
Medium density
or economic
housing
7.0%
Low density or
open market
housing
3.5%
RA 7279:
THE URBAN DEVELOPMENT
&HOUSING ACT (UDHA) OF 1992
BALANCED HOUSING
DEVELOPMENT:
A
subdivision
or
condominium
developer must also develop the
equivalent of 20% of his project for
socialized housing.
EXEMPTIONS:
1. socialized housing project development
2. With four units or less
MODE OF COMPLIANCE:
1. 20% of the total land area
2. 20% of the total project cost
Mode of compliance
1. New settlements
2. Slum upgrading
3. Community Mortgage Program
(CMP)
4. Joint venture projects with NHA
5. Housing/Pabahay Bonds
OTHER PROVISIONS
CREDITS:
May develop in excess of the required 20% to
build up future credits to be used later
PROJECT LOCATION:
If no single land is feasible or available in the
locality, development of separate sites is
allowed.
TIME OF COMPLETION:
One year from issuance of the License to Sell.
RETAINED FUNCTIONS:
General monitoring and Visitorial Powers to ensure and
enforce compliance with the provisions of PD No. 957 and
their implementing regulations, including the imposition
of administrative sanctions on all subdivision and
condominium projects that it has issued DP, Cr and/or LS;
Adjudication of all complaints filed pursuant to PD 957,
PD1216, PD1244, BP 220 and related laws
SUBDIVISION PROCESSING
FLOW CHART
P A L C (PSDP)
F A / DP
CR/LS
COC
Donation of
Roads
& Open Spaces
Alterations of Plan
Building Permit
Cert. of Occupancy
Ad Approval
ETD
Mortgage Clearance
Change of Name /
Ownership
SUBDIVISION PROJECT
.
Complete House :
A habitable dwelling unit which met the minimum
requirements for shell house with the following
additional components being included as part
thereof: all windows and doors and partition
wall for separating functional areas.
OPEN SPACE :
shall refer to areas allocated to the following
purposes:
Circulation
Parks/playground
Community Facilities
Other common
areas
Residential Subdivision
Under Pres. Decree No. 957
Open Market Housing
Medium Cost Housing
Under Batas Pambansa Bilang 220
Economic Housing
Socialized Housing
Socialized Housing
maximum of P 400,000.00
SITE CRITERIA
a. Water
b. Movement and Circulation
c. Storm Drainage
d. Solid & Liquid Waste Disposal
e. Parks / Playground
f. Power
Physical Suitability
Must have characteristics assuring healthful, safe
and environmentally sound community life
Accessibility
Site must be served by a road that is readily
accessible to public transportation lines
Design Parameters
Land Allocation:
Under PD 957 Subdivision Projects with an area
one (1) hectare or more:
Saleable area
=
max. of
70%
non-saleable area
=
min. of
30%
PD 957
Density
20 & below
21 25
4.0%
151 160
4.0%
26 35
5.0%
161 175
5.0%
36 50
6.0%
176 200
6.0%
51 65
7.0%
201 225
7.0%
Above 65
9.0%
Above 225
9.0%
COMMUNITY FACILITIES
Area allocated for CF shall be mandatory for projects 1 hectare and above shall be
strategically located and accessible where it can serve a maximum number of
population, preferably near or side by side with parks/playgrounds.
Community Facilities
Economic/Socialized Housing
Density
Allocation
(No. of lot/DU* (% of gross area
per hectare)
for CF**)
*Dwelling Units
**Community Facilities
1.0%
151 225
1.5%
Above 255
2.0%
Open Market
Major
Medium Cost
Collector
Minor Major
Collector
Minor
10
10
12
12
12
15
15
10
10
10
12
12
8
8
8
10
10
10
12
12
12
15
10
10
10
12
8
8
8
8
10
Project Size
Economic Housing
Socialized Housing
8
10
10
10
12
15
8
8
8
10
6.5
6.5
6.5
6.5
6.5
6.5
8
10
10
10
10
12
8
8
10
6.5
6.5
6.5
6.5
6.5
6.5
ROAD PAVEMENT
For PD 957
Open Market concrete for all types of Roads
Medium Cost concrete/asphalt for all types of
roads
Interconnecting Road
Interior subdivision project owner/developer
must secure road right-of-way to connect to
the nearest public road with a minimum ROW
of 10 meters. This fact shall be annotated on
the title of said road lot and must be donated and
deemed turned over to the LGU upon completion
of the said interconnecting road.
PUBLIC ROAD A
SUBD 1
SUBD 2
INTERCONNECTIN
G ROAD
SUBD 3
SUBD 4
PUBLIC ROAD
B
5.0 M
3.0 M
5.0 M
ENTRY
3.0 M
Road Width
(meter)
Planting Strip
(meter)
Sidewalk
(meter)
15.00
1.30
1.20
12.00
0.80
1.20
10.00
0.80
1.20
8.00
6.50
0.40
Optional
0.60
0.50
Type of
Housing
Open
Market
BP 220
Medium
Cost
Economic
Socialized
Single
Detached
120 sq. m
100 sq. m
72 sq.m
64 sq.m
Duplex /SA
96 sq. m
80 sq.m
54 sq.m
48 sq.m
Rowhouse
60 sq. m
50 sq.m
36 sq. m
28 sq.m
FIREWALL
DWELLING
UNIT
PROVISION OF FIREWALL:
Mandatory provision
of firewall for duplexes/
single attached units
and at every unit for
row houses.
FIREWALL
DWELLING
UNIT
PD 957
Economic
Socialized
12
10m
6m
3m
8m
4m
8m
8m
4m
3m
6m
4m
8m
8m
4m
3m
6m
3.5m
Number of ROWHOUSE:
Shall not exceed 20 units per cluster but in case shall this be
beyond 100 meters in length.
Types of
Housing Unit
PD957
BP 220
Open
Market
Medium
Cost
Economic
Socialized
Single Detached
42
30
22
18
Duplex/Attached
42
30
22
18
Rowhouse
42
30
22
18
PD 957
BP 220
Economic
Single Detached
Duplex/SA
Rowhouse
Complete
House
(based
on
the
submitted
specifications)
Socialized
Complete
House Shell House (with
(based
on
the doors and windows
submitted
to enclose the unit)
specifications)
SETBACK/YARD REQUIREMENT
1.5 meters
Sideyard
Rear Yard
2.0 meters
WATER SYSTEM
Mandatory connection to appropriate
public water system provided that the
water supply is enough to meet the total
daily requirements of the anticipated
population.
If public water supply is not available,
developer shall provide for independent
water supply system within the
subdivision project.
individual
household
DRAINAGE SYSTEM
The minimum drainage system for
economic and socialized housing shall
be concrete lined canal with load
bearing cover.
In case of non-existence of Drainage
System in the locality, catchment area
for
drainage
discharge
shall
be
provided for and development by the
owner/ developer in consultation with
the Local Government Unit.
DAR
DAR
PALC
(LGU)
DP/FA
(LGU)
VSR
(DENR/LMB)
ECC (DENR)
CERT. OF
TITLE
(ROD)
COC
Certificate of
Completion
(HLURB)
License to
Sell
(HLURB)
Registrati
on
(HLURB)
Flow Chart
b.5)
1.3) At least 2 copies of Certified True Copy of
Title(s) and Current Tax Receipt.
1.4) Right to use or deed of sale of right-ofway for access road and other utilities
when
applicable,
subject
to
just
compensation for private land.
2. Subdivision Development Plan consisting the
site development plan at any of the following
scales: 1:200; 1:1000; or any scale not
exceeding 1:2000 showing all the proposals.
6.
RA #6552: REALTY
INSTALLMENT BUYER
PROTECTION ACT
(The Maceda Law)
COVERAGE:
Sale or financing of real estate on installment
payments, including residential condominium
or apartments where the buyers has paid at
least two (2) years of installment.
EXCLUDED:
1. Industrial lots
2. Commercial building
3. Sale of tenants
REMARKS
YEARS
50%
First 2 years
50%
Up to 5th year
Maximum
Less: 50%
40%
13
THANK YOU
GOOD LUCK TO
EVERYONE!!