Open Space Requirements in Subdivisions

Section 1 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.
The open space concept applies to residential subdivision projects developed by a subdivision owner/developer under the amended rules in Section 31 of Presidential Decree No. 957 (as amended by Section 2).
The Decree ties open space allocation to gross area of the subdivision for required reservations (Section 2).

Section 31 (as amended by Section 2) requires the owner as developer of a subdivision to provide adequate roads, alleys and sidewalks.
For subdivision projects of one (1) hectare or more, the owner or developer must also comply with the required open space reservation (Section 31, as amended by Section 2).
Subdivision plans must include landscaping provisions by requiring tree planting on parts of the subdivision designated by the relevant authority (Section 31, as amended by Section 2).

Section 31 (as amended by Section 2) mandates that for subdivision projects of one (1) hectare or more, the owner or developer must reserve thirty percent (30%) of the gross area for open space.
The reserved open space must be allocated exclusively for parks, playgrounds and recreational use (Section 31, as amended by Section 2).
The plan allocation is based on the gross area using the following percentages:
- 9% for high density or social housing (66 to 100 family lot per gross hectare) (Section 31(a), as amended by Section 2).
- 7% for medium-density or economic housing (21 to 65 family lot per gross hectare) (Section 31(b), as amended by Section 2).
- 3.5% for low-density or open market housing (20 family lots and below per gross hectare) (Section 31(c), as amended by Section 2).
The Decree requires the reserved open space areas to be non-alienable public lands and non-buildable (Section 31, as amended by Section 2).

Section 31 (as amended by Section 2) states that the parks, playgrounds and recreational use areas reserved as open space are non-alienable public lands.
The same reserved areas are non-buildable (Section 31, as amended by Section 2).
After the subdivision is completed and the compliance is certified to the relevant authority, the Decree requires donation of the specified facilities to local government (Section 31, as amended by Section 2).
No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes (Section 31, as amended by Section 2).

Section 31 (as amended by Section 2) provides that upon completion, as certified by the Authority, the roads, alleys, sidewalks and playgrounds shall be donated by the owner or developer to the city or municipality.
The Decree makes it mandatory for local governments to accept the donated roads, alleys, sidewalks, and playgrounds (Section 31, as amended by Section 2).
The Decree allows parks and playgrounds to be donated to the Homeowners Association of the project, but only with the consent of the city or municipality concerned (Section 31, as amended by Section 2).
The Decree imposes a continuing use limitation: once parks and playgrounds are donated, they cannot be converted to other purposes (Section 31, as amended by Section 2).

The subdivision plans must include tree planting on such parts of the subdivision as may be designated by the Authority (Section 31, as amended by Section 2).
The tree planting requirement operates as part of the planning and approval standards connected to subdivision development of the required open space areas (Section 31, as amended by Section 2).

Section 31 (as amended by Section 2) links the donation obligation to completion “as certified to by the Authority.”
The Authority’s certification serves as the trigger for when the owner or developer must donate roads, alleys, sidewalks and playgrounds to the city or municipality (Section 31, as amended by Section 2).
The Decree assigns the Authority the role of designating parts of the subdivision where tree planting must occur (Section 31, as amended by Section 2).

Section 3 repeals Sections 2 and 5 of Presidential Decree No. 953.
Section 3 also repeals or amends other laws, decrees, executive orders, institutions, rules and regulations, or parts thereof that are inconsistent with the Decree’s provisions.
Section 4 provides that the Decree’s effectivity is immediate (October 14, 1977 issuance; Section 4 effectivity rule).