Law Summary
Amendment to Section 31 of Presidential Decree No. 957 on Subdivision Infrastructure
- Subdivision developers are mandated to provide adequate roads, alleys, and sidewalks.
- For subdivisions with an area of one hectare or more, 30% of the gross area must be reserved as open space.
- Allocation of open space within the 30% is delineated based on housing density:
- 9% for high-density or social housing (66 to 100 family lots per hectare).
- 7% for medium-density or economic housing (21 to 65 family lots per hectare).
- 3.5% for low-density or open market housing (20 family lots and below per hectare).
Characteristics and Use of Reserved Open Spaces
- Reserved open spaces are designated exclusively for parks, playgrounds, and recreational use.
- Such areas are non-alienable public lands and cannot be built upon.
- Subdivision plans must include tree planting in designated areas as determined by the National Housing Authority.
Ownership and Donation of Subdivision Infrastructure
- Upon completion certified by the Authority, roads, alleys, sidewalks, and playgrounds are to be donated by the developer to the city or municipality.
- Local governments are required to accept these donations.
- Parks and playgrounds may alternatively be donated to the Homeowners Association with local government consent.
- Once donated, parks and playgrounds cannot be converted to any other use.
Repeal of Conflicting Provisions
- Sections 2 and 5 of Presidential Decree No. 953 are repealed.
- Any laws, decrees, executive orders, or regulations inconsistent with these provisions are amended or repealed accordingly.
Effectivity
- The Decree takes effect immediately upon promulgation on October 14, 1977.