Question & AnswerQ&A (PRESIDENTIAL DECREE No. 1216)
According to Presidential Decree No. 1216, 'open space' means an area reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers, and other similar facilities and amenities.
Section 31 of Presidential Decree No. 957 was amended by PD No. 1216.
For subdivision projects one hectare or more, the owner or developer shall reserve 30% of the gross area as open space, but the percentage allocated exclusively for parks, playgrounds, and recreational use varies by housing density: 9% for high-density (66 to 100 family lots per hectare), 7% for medium-density (21 to 65 family lots per hectare), and 3.5% for low-density (20 family lots and below per hectare).
No, the open spaces reserved for parks, playgrounds, and recreational use shall be non-alienable public lands and non-buildable.
Upon completion, as certified by the National Housing Authority, the owner or developer shall donate the roads, alleys, sidewalks, and playgrounds to the city or municipality, and it is mandatory for the local government units to accept them.
Yes, parks and playgrounds may be donated to the Homeowners Association of the project with the consent of the city or municipality concerned.
No, no portion of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes.
The National Housing Authority is responsible for certifying the completion of roads, alleys, sidewalks, and playgrounds, and it also designates parts of the subdivision for tree planting.
Sections 2 and 5 of Presidential Decree No. 953 were repealed, along with other laws, decrees, executive orders, institutions, rules, regulations, or parts inconsistent with PD No. 1216.
The reduction in required open space aims to make the subdivision industry viable and make the price of residential lots affordable for the low-income group, while still preserving environmental and ecological balance through rational land use and proper design of space and facilities.