DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957
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DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957
Presidential Decree No. 1216
October 14, 1977
Case Overview and Summary
Summary of Presidential Decree No. 1216Definition of "Open Space" (Section 1):
- "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.
Reservation of Open Space in Subdivisions (Section 2):
- For subdivision projects 1 hectare or more, the owner/developer shall reserve 30% of the gross area for open space.
- Open space allocation standards based on housing density:
a) 9% of gross area for high-density or social housing (66 to 100 family lots per gross hectare). (Section 2a)
b) 7% of gross area for medium-density or economic housing (21 to 65 family lots per gross hectare). (Section 2b)
c) 3.5% of gross area for low-density or open market housing (20 family lots and below per gross hectare). (Section 2c)
- Areas reserved for parks, playgrounds, and recreational use shall be non-alienable public lands and non-buildable. (Section 2)
- Subdivision plans shall include tree planting in designated areas. (Section 2)
- Upon completion and certification by the National Housing Authority, roads, alleys, sidewalks, and playgrounds shall be donated to the city/municipality. (Section 2)
- Parks and playgrounds may be donated to the Homeowners Association with consent from the city/municipality. (Section 2)
- No portion of donated parks and playgrounds shall be converted to other purposes. (Section 2)
Repealing Provisions (Section 3):
- Sections 2 and 5 of Presidential Decree No. 953 are repealed.
- Other inconsistent laws, decrees, executive orders, issuances, rules, and regulations are repealed or amended accordingly.
Effectivity (Section 4):
- This Decree shall take effect immediately.
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DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957
Presidential Decree No. 1216
•October 14, 1977
MALACAÑANG
M a n i l a
PRESIDENTIAL DECREE No. 1216
DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR RECREATIONAL USE
WHEREAS, there is a compelling need to create and maintain a healthy environment in human settlements by providing open spaces, roads, alleys and sidewalks as may be deemed suitable to enhance the quality of life of the residents therein;
WHEREAS, such open spaces, roads, alleys and sidewalks in residential subdivision are for public use and are, therefore, beyond the commerce of men;
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%) of the total area of a subdivision must be reserved, developed and maintained as open space for parks and recreational areas, the cost of which will ultimately be borne by the lot buyers which thereby increase the acquisition price of subdivision lots beyond the reach of the common mass;
WHEREAS, thirty percent (30%) required open space can be...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
open space
residential subdivisions
parks
playgrounds
recreational areas
roads
alleys
sidewalks
National Housing Authority
non-alienable public lands
non-buildable
tree planting
homeowners association
social housing
economic housing
open market housing
family lots
gross area
MALACAÑANG
M a n i l a
PRESIDENTIAL DECREE No. 1216
DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR RECREATIONAL USE
WHEREAS, there is a compelling need to create and maintain a healthy environment in human settlements by providing open spaces, roads, alleys and sidewalks as may be deemed suitable to enhance the quality of life of the residents therein;
WHEREAS, such open spaces, roads, alleys and sidewalks in residential subdivision are for public use and are, therefore, beyond the commerce of men;
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%) of the total area of a subdivision must be reserved, developed and maintained as open space for parks and recreational areas, the cost of which will ultimately be borne by the lot buyers which thereby increase the acquisition price of subdivision lots beyond the reach of the common mass;
WHEREAS, thirty percent (30%) required open space can be...
Login to see full content