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01 Development Permit Evaluation

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50 views53 pages

01 Development Permit Evaluation

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

DEPARTMENT OF HUMAN SETTLEMENTS

AND URBAN DEVELOPMENT

Evaluation and Processing of


Development Permit

Building Adequate, Livable, Affordable and Inclusive (BALAI) Filipino Communities


Legal Basis:
EXECUTIVE ORDER NO. 71
DEVOLVING THE POWERS OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)
now (DHSUD) TO APPROVE SUBDIVISION PLANS, TO CITES AND MUNICIPALITES PUSUANT
TO R.A. NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991.

SECTION 1. – Cities and municipalities shall heretofore assume the powers of the
HLURB now (DHSUD) over the following:

(a) Approval of preliminary as well as final subdivision schemes and development


plans of all subdivisions, residential, commercial, industrial and for other purposes of
the public and private sectors, in accordance with the provisions of PD No. 957 as
amended and its IRR concerning approval of subdivision plans;

(b) Approval of preliminary and final subdivision schemes and development plans of
all economic and socialized housing projects as well as individual or group building
and occupancy permits covered by BP 220 and its IRR
cont’n. of Legal Basis:

(c) Evaluation and resolution of development permits for any of the said
projects, in accordance with the said laws and the Rules of Procedure
promulgated by HLURB incident thereto;

(d) Monitoring the nature and progress of land development of projects it has
approved, as well as housing construction in the case of house and lot
packages, to ensure their faithfulness to the approved plans and specifications
thereof, and, imposition of appropriate measures to enforce compliance
therewith.
cont’n. of Legal Basis:

SECTION 2. - The HLURB shall retain such powers and functions not
otherwise expressly provided herein or under existing laws.

SECTION 4. - If in the course of evaluation of applications for registration


and licensing of projects within its jurisdiction, HLURB finds that a local
government unit has overlooked or mistakenly applied a certain law, rule or
standard in issuing a development permit, it shall suspend action on and
return the application with a corresponding advice to the local government
concerned, so as to afford it an opportunity to take appropriate action
thereon. Such return and advice must likewise be effected within a period of
thirty (30) days from receipt by HLURB of the application
Requirements:
1. Subdivision Development Plan consisting of the site development
plan (Scale - 1:200/1:1000/≤1:2,000) showing the following:
a. Roads, easements or ROW and roadway width, alignment, gradient,
and similar data for alleys, if any;
b. Lot numbers, lines and areas and block numbers; and
c. Site data (No. of residential and saleable lots, typical lot size, parks
and playgrounds and open spaces

2. Site Development Plan (prepared and signed/sealed by licensed and


registered Architect, Environmental Planner, Civil Engr, Geodetic Engr)

3. Plans, Specifications, Bill of Materials, and Cost Estimates


(signed/sealed by Civil Engr / Architect)
cont’n. of Requirements:
4. One (1) set duly signed/sealed by licensed GE:
a. Vicinity map indicating adjoining land uses, access as well as existing
facilities/utilities at least within 500m from property boundaries of the project,
drawn at appropriate scale
b. Topographic plan:
b.1. bearings, distances, tie point or reference point, geographic coordinates of
the tie point or BLLM
b.2. streets, easements, width, and elevation of RROW within the project and
adjacent subdivision/areas
b.3. utilities within and adjacent to the proposed subdivision project; location,
sizes, and invert elevations of sanitary and storm or combined sewers; location
of gas lines, fire hydrants, electric and telephone poles, and street lights, if any.
cont’n. of Requirements:
b. Topographic Plan (cont’d)
b.4. ground elevation of the subdivision: for ground that slopes less than
2% indicate spot elevations at all breaks in grade, along all drainage
channels and at selected points not more than 25m apart in all directions:
for ground that slopes more than 2%, either indicate contours with an
interval of not more than 0.5m, if necessary, due to irregular land or need
for more detailed preparation of plans and construction drawings
b.5. water courses, marshes, rock and wooded areas, presence of
preservable trees in caliper diameter of 200mm, houses, barns, shacks,
and other significant features; and
b.6. proposed public improvements: highways or other major
improvements planned by public authorities for future construction
within/adjected to the subdivision
c. Survey plan of the lot(s) as described in TCT(s)
cont’n. of Requirements:
5. At least two (2) copies of CTC of Title(s), latest Real Property Tax (RPT)
receipts, and CTC of Tax Declaration covering the properties subject of the
application;
6. Right to use or deed of sale of ROW for access road and other utilities
when applicable, subject to just compensation for private land
7. Civil and Sanitary Works Design Engineering Plans/construction
drawings (at least two copies) based on applicable engineering code and
design criteria to include the following:
a. Road (geometric and structural) design/plan signed by CE
b. Storm drainage and sanitary sewer system signed/sealed by licensed
sanitary or civil engineer
c. Site Grading Plan with the finished contour lines superimposed on the
existing ground the limits of earthwork embankment slopes, cut slopes,
surface drainage, drainage outfalls and others, duly signed and sealed by
licensed civil engineer
cont’n. of Requirements:
8. At least two (2) copies of Water System layout and details duly
signed/sealed by licensed sanitary engineer or civil engineer. Should
a pump motor have a horsepower (HP) rating of 50 HP or more, signed
by mechanical engineer

9. CTC of ECC or Certificate of Non-Coverage duly issued by DENR,


as applicable

10. Earthquake hazard assessment from PHIVOLCS

11. Zoning Certificate issued by LGU


cont’n. of Requirements:
12. At least two copies of the following:
a. Project profile indicating the cost of raw land and its development (total
project cost), amortization schedule, sources of financing, cash flow,
architectural plan, if any, and work program
b. Audited financial statement for the last three (3) preceding years;
c. Income tax return for the last three (3) preceding years;
d. Certificate of registration from SEC
e. Articles of incorporation or partnership
f. Corporation by-laws and all implementing amendments; and
g. For new corporations three (3) years and below statement of capitalization
and sources of income and cash flow to support work program
13. Water distribution system plan and Certificate of Service Coverage
from the local water district or local franchise holder for water supply,
whichever is applicable, Permit to Drill approved by NWRB
cont’n. of Requirements:
14. Electrical Plan duly certified by professional Electrical Engineer
and Certificate of Service Coverage from local power distribution utility
company or electric cooperative
15. Traffic Impact Assessment (TIA) for subdivision projects pursuant
to existing guidelines
16. List of names of duly licensed professionals who signed the
plans and other similar documents:
a. Full name
b. PRC License No, date of issuance and validity
c. PTR and date of issue
d. TIN No
cont’n. of Requirements:
Additional Requirements for Cemetery and/or Memorial Park:
1. Landscaping plan including plant/tree species and other natural/man-
made landscaping features duly signed/sealed by licensed landscape
architect
2. Permit from DPWH – when opening an access to a controlled traffic
artery
3. Joint affidavit of owner and/or developer and licensed EnP that the
memorial park and cemetery plan conforms to the standards and
requirements of these rules and that development thereof shall be
mad in accordance with the program submitted to the Board or
City/Municipality concerned
4. Initial clearance from the DOH
Project IRRs and Parameters
Classifications of Subdivision Projects

1. Residential Subdivision – PD 957 and BP 220

2. Commercial Subdivision – EO 648

3. Industrial Subdivision – EO 648

4. Farm Lot Subdivision – EO 648

5. Memorial Parks and Cemeteries – EO 648


Common Considerations in any Subdivision Project

CONSIDERATIONS EQUIVALENT DOCUMENTS


CONFORMITY TO CLUP / ZO ZONING CERTIFICATE, DAR CONVERSION
PHYSICAL SUITABILITY PROJECT STUDY
EASEMENTS AS REQUIRED BY APPLICABLE LAWS
ACCESSIBILITY RIGHT OF WAY TO PROJECT,
TRAFFIC IMPACT ASSESSMENT
CIRCULATION SYSTEM ROAD PROFILE, SECTIONS AND DETAILS,
TRAFFIC IMPACT ASSESSMENT
WATER SUPPLY SYSTEM (PLUS FIRE FIGHTING) WATER SYSTEM LAYOUT AND DETAILS, PERMIT TO DRILL
ELECTRICAL SUPPLY SYSTEM ELECTRICAL PLAN
DRAINAGE SYSTEM DRAINAGE PROFILE AND DETAILS
LIQUID WASTE DISPOSAL SYSTEM PROFILE AND DETAILS
SOLID WASTE DISPOSAL SYSTEM AS REQUIRED BY RA 9003
Easements

EASEMENT FROM: DISTANCE (m)

Agricultural 20 (from top of slope)


Water Bodies
Non-agricultural 3 (from top of slope)
Fault Lines 5 (both sides)
National 10 (from center of road)
Public Roads Provincial / City 7.5 (from center of road)
Municipal 5 (from center of road)
Utilities Philippine Electrical Code
Memorial Parks and
Buffer Zones Cemeteries
Industrial
Circulation System

PD 957 – Open Market

PROJECT AREA IN HECTARES


ROAD TYPE 2.5 and Above 2.5 to Above 5 to Above 10 to Above 15 to
Above 30
below 5 10 15 30
Major Road 10 12 12 12 15 15
ROAD WIDTH IN METERS (m)

Collector N/A 10 10 10 12 12

Minor Road 8 8 8 8 10 10

Service Road 6 6 6 6 6 6

Motor Court 6 6 6 6 6 6

Alley 2 2 2 2 2 2
Circulation System

PD 957 – Medium Cost

PROJECT AREA IN HECTARES


ROAD TYPE 2.5 and Above 2.5 to Above 5 to Above 10 to Above 15 to
Above 30
below 5 10 15 30
Major Road 10 10 12 12 12 15
ROAD WIDTH IN METERS (m)

Collector N/A N/A 10 10 10 12

Minor Road 8 8 8 8 8 10

Service Road 6 6 6 6 6 6

Motor Court 6 6 6 6 6 6

Alley 2 2 2 2 2 2
Circulation System

BP 220 – Economic Housing

PROJECT AREA IN HECTARES


ROAD TYPE 2.5 and Above 2.5 to Above 5 to Above 10 to Above 15 to
Above 30
below 5 10 15 30
Major Road 8 10 10 10 12 15
ROAD WIDTH IN METERS (m)

Collector N/A N/A 8 8 8 10

Minor Road 6.5 6.5 6.5 6.5 6.5 6.5

Service Road N/A N/A N/A N/A N/A N/A

Motor Court 6 6 6 6 6 6

Alley 2 2 2 2 2 2
Circulation System

BP 220 – Socialized Housing

PROJECT AREA IN HECTARES


ROAD TYPE 2.5 and Above 2.5 to Above 5 to Above 10 to Above 15 to
Above 30
below 5 10 15 30
Major Road 8 10 10 10 10 12
ROAD WIDTH IN METERS (m)

Collector N/A N/A N/A 8 8 10

Minor Road 6.5 6.5 6.5 6.5 6.5 6.5

Service Road N/A N/A N/A N/A N/A N/A

Motor Court 6 6 6 6 6 6

Pathwalk 3 3 3 3 3 3
Circulation System

Residential Subdivisions

ROW (m.) Carriageway (m.) Sidewalk (m.) Planting Strip (m.)

15 10 1.2 (both sides) 1.3 (both sides)

12 8 1.2 (both sides) 0.8 (both sides)

10 6 1.2 (both sides) 0.8 (both sides)

8 6 0.6 (both sides) 0.4 (both sides)

6.5 5.5 0.5 (both sides) Optional


Circulation System

EO 648 - Commercial

ROAD TYPE ROW Carriageway Sidewalk Planting Strip

Major Road 17 12 1.5 (both sides) 1 (both sides)


ROAD WIDTH IN METERS (m)
Minor Road 12.5 8.5 1 (both sides) 1 (both sides)

Service Road 5 3.5 1.5 (one side only) N/A

Bus Turnout 3 3 N/A N/A

Pathwalk 2 2 N/A N/A


Circulation System

EO 648 - Industrial

ROAD TYPE ROW Carriageway Sidewalk Planting Strip

Major Road 20 14 2 (both sides) 1 (both sides)


ROAD WIDTH IN METERS (m)

Minor Road 17 12 1.5 (both sides) 1 (both sides)

Service Road 13 7 1.5 (both sides) 1 (both sides)

Pathwalk 4 4 N/A N/A


Circulation System

EO 648 - Farmlot

ROAD TYPE R.O.W Carriageway Sidewalk Open Canal

ROAD WIDTH IN METERS (m)


Major Road 10 6 1 (both sides) Variable

Minor Road 8 6 0.6 (both sides) Variable

Alley 3 3 N/A Optional


Circulation System

EO 648 – Memorial Park and Cemeteries

ROAD TYPE R.O.W Carriageway Sidewalk / Easement

ROAD WIDTH IN METERS


Major Road (m) 8 6 1 (both sides)

Minor Road 6.5 4.5 1 (both sides)


Water Supply System

Water Tank Capacity including Fire Reserve


Project Class / Use Average Daily Demand
(25% ADD)
Residential 150 liters per capita 37.5 liters per capita
1 cubic meter per
Commercial 0.25 cubic meter per connection
connection
85 cubic meters per
Industri Industrial use 21.25 cubic meters per hectare
hectare
al
Domestic use 75 liters per capita 18.75 liters per capita
132 liters per milking cow 33 liters per milking cow
Livestock
190 liters per cow 47.5 liters per cow
Farmlot
Poultry 19 liters per bird 4.75 liters per bird
Domestic use 40 liters per capita 10 liters per capita
Memorial Parks and
40 liters per capita 10 liters per capita
Cemeteries
Electrical Supply System

Project Class / Use Maximum Distance of Street Lighting (in meters)

Residential 50

Commercial Check with Philippine Electrical Code and the Local Electricity Franchise

Industrial Check with Philippine Electrical Code and the Local Electricity Franchise

Farmlot Check with Philippine Electrical Code and the Local Electricity Franchise

Memorial Parks and Cemeteries 100


Drainage System

Project Class / Use Minimum Requirement

Residential As per design; 300 mm RC Pipe minimum

Commercial As per design

Industrial As per design

Farmlot As per design; Open Canal

Memorial Parks and Cemeteries As per design


Liquid Waste Disposal System

Project Class / Use Minimum Requirement

Residential

Commercial

Industrial DENR and DOH Requirements

Farmlot

Memorial Parks and Cemeteries


Solid Waste Disposal System

Project Class / Use Minimum Requirement

Residential

Commercial

Industrial DENR and DOH Requirements

Farmlot

Memorial Parks and Cemeteries


DHSUD & LGUs’ Jurisdiction:

Piñon vs Asuncion | GR 236342 | 15 February 2022

`
Alteration of Plans:

A. Alteration based on the Initiative of the Developer


B. Rectification based on Erroneous Issuance of Development Permit

1. Section 22 of PD 957, Section 1 of EO 71, Pinon vs. Asuncion (GR 236342)


cont’n. Alteration of Plans:
A. Alteration based on the Initiative of the Developer
- No owner/developer shall change or alter the roads, open spaces,
infrastructures, facilities for public use and/or other form of subdivision,
condominium, cemetery, or columbarium development as contained in the
approved subdivision plan and/or represented its advertisement without
the permission and approval of DHSUD.
cont’n. Alteration of Plans:
B. Based on Erroneous Issuance of DP
- In the course of evaluation of application for CR/LS and DHSUD-RO
finds that LGU overlooked/mistakenly applied certain law, rule, and
standard in issuing DP, DHSUD-RO shall within 30 days from receipt of
application for CR/LS, suspend further action on the application and
return the same with the concerned LGU with complete evaluation report
indicating specific findings for rectification
- In the absence of acceptable justification thereof from the LGU
concerned, DHSUD-RO shall issue an order to the applicant to rectify
the subdivision development plan and DP by requiring the applicant to
submit an application together with a revised subdivision development
plan in accordance with the standards before the DHSUD-RO.
- An altered DP shall be issued by DHSUD-RO on the subject project, as
provided for under Sec. 22 of PD957
Requirements:
Based on Initiative of Developer: Based on Erroneous Issuance of DP:
the existing vs proposed alteration existing subdivision plan vs the revised SDP
36
Building Adequate, Livable, Affordable and Inclusive (BALAI) Filipino Communities
Development Permit No. / Application No. /
Reference No.
Recommendation

1. Year – Month – Control No.

Example:

2023 – 03 – 001
2023 – 04 – 002
2023 – 05 - 003
Name of Owner / Developer
Recommendation

1. Owner – is the land owner indicated in the TCT/OCT;

2. Developer
- if the owner presented SEC/DTI under its name with purposes to
engage in real estate business.
- if the developer presented a Joint Venture Agreement (JVA) Land
Development Agreement or any equivalent legal documents presenting its
participation as developer in the agreement and presented SEC / DTI under
its name with purpose to engage in real estate business.
Address of the owner / developer
Recommendation

- Office Address indicated in the SEC / DTI Registration


- Indicate complete address
Project Name

Recommendation

- include Phase No. (if any)

- Phase no.?

40
Project Location

Recommendation

- as indicated in the TCT / OCT


- Barangay Name, City / Municipality Name / Province Name

41
Total Project Area

Recommendation

- Net Project Area (Saleable plus Non Saleable Areas)


No. of Saleable lots / units
Recommendation

For Residential / Commercial / Industrial / Farmlots Subdivision


- Total no. saleable lots / units

For Memorial Park


- Total no. of plots
lawn lots
mausoleum
estates
etc.
Project Classification
Recommendation
Indicate the project classification as evaluated
- PD 957 – Open Market
- PD 957 – Medium Cost
- BP 220 – Economic Housing
- BP 220 – Socialized Housing
- EO 648 – Commercial / Industrial / Farm lots / Memorial Park
Right over land:
Recommendation

- Indicate proof of ownership such as TCT/OCT Nos. covered by the


project.
- Indicate if owner/developer; under JVA / LDA
Evaluation of Facts:
Recommendation

- Indicate legal basis for the approval of the development permit


- Sangguniang Bayan / Panglungsod Resolution No. and date of
issuance
- Related Laws such as PD 957, BP 220 or EO 648
47
48
SB / SP Resolution:
Recommendation:
- Indicate the following information in the resolution;
- Project Name
- Project Location
- Project Classification
- TCT/OCT covered by the project
- Total Project Area
- Project Owner and Developer
Documents Issued by LGU:

Administrative Office
• For Development permit issued by LGU – needs resolution
from Sangguniang Bayan or Sanguniang Panglungsod.
• 1 set of subdivision development plans
• 1 set of subdivision Housing plans
FAQ:

Does Development Permit requires an approval from the


Sangguniang Bayan / Sangguniang Panlungsod?

Does Development Permit requires ratification / approval


from the Sangguniang Panlalawigan?
FAQ:
THANK YOU

Building Adequate, Livable, Affordable and Inclusive (BALAI) Filipino Communities

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