QuestionsQuestions (Republic Act No. 5715)
It defines “open space” as 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.
For subdivision projects of one (1) hectare or more, the developer must reserve thirty percent (30%) of the gross area for open space.
The law requires (a) 9% for high-density or social housing (66–100 family lots per gross hectare); (b) 7% for medium-density or economic housing (21–65 family lots per gross hectare); and (c) 3.5% for low-density or open market housing (20 family lots and below per gross hectare).
The owner/developer must provide adequate roads, alleys, and sidewalks.
The parks, playgrounds, and recreational areas reserved as open space must be non-alienable public lands and non-buildable.
The subdivision plans must include tree planting on portions of the subdivision as may be designated by the Authority.
Upon completion and certification by the Authority, the roads, alleys, sidewalks, and playgrounds shall be donated by the owner/developer to the city or municipality.
Yes. It states that it is mandatory for local governments to accept, subject to a specific exception for parks and playgrounds.
Parks and playgrounds may be donated to the HOA with the consent of the city or municipality concerned.
No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose.
Sections 2 and 5 of Presidential Decree No. 953 are repealed.
The decree states that the 30% requirement can be reduced to make the subdivision industry viable and keep residential lot prices within the reach of the low-income group, while still preserving environmental and ecological balance through rational land use control and proper design.
Because such facilities are for public use; the decree treats them as public areas not subject to private commerce.
It references the National Housing Authority (NHA) as the single agency where housing efforts, resources, functions, and activities were concentrated.
It repeals or amends other laws, decrees, executive orders, institutions, rules and regulations, or parts thereof, that are inconsistent with PD 1216.
It takes effect immediately upon issuance.
The requirement applies to subdivision projects of one (1) hectare or more.