The Definition of Built-Up Area Under HLURB Administrative Order No. 167: A Comprehensive Analysis in the Philippine Legal Framework

Introduction

In the realm of urban planning and land use regulation in the Philippines, the concept of "built-up area" plays a pivotal role in guiding sustainable development, zoning decisions, and the formulation of local government policies. This term is particularly significant under the regulatory framework established by the Housing and Land Use Regulatory Board (HLURB), which has been instrumental in shaping the country's approach to human settlements and urban expansion. HLURB Administrative Order No. 167 (AO 167), issued in the context of implementing national land use policies, provides a specific definition and operational guidelines for identifying and managing built-up areas. This article delves into the intricacies of this definition, its legal underpinnings, applications, implications for local governance, and related considerations within the Philippine context. By examining AO 167 in detail, we uncover how it integrates with broader statutes such as Republic Act No. 7160 (Local Government Code of 1991) and Republic Act No. 7279 (Urban Development and Housing Act of 1992), ensuring that urban growth aligns with environmental, social, and economic objectives.

Legal Basis and Historical Context

HLURB AO 167 was promulgated to operationalize the board's mandate under Presidential Decree No. 933 (1976), which created the HLURB as the primary agency responsible for regulating land use, housing, and real estate development. The order specifically addresses the classification of land areas in the preparation and approval of Comprehensive Land Use Plans (CLUPs) and Zoning Ordinances (ZOs) by local government units (LGUs). It emerged in response to the rapid urbanization experienced in the Philippines during the late 20th century, where unchecked sprawl threatened agricultural lands, natural resources, and community livability.

The order builds upon earlier HLURB issuances and aligns with national policies outlined in the Philippine Development Plan and the National Physical Framework Plan. AO 167 emphasizes a balanced approach to development, distinguishing built-up areas from non-built-up or protected zones to prevent environmental degradation and promote equitable access to housing. It is worth noting that while HLURB's functions have been absorbed by the Department of Human Settlements and Urban Development (DHSUD) under Republic Act No. 11201 (2019), AO 167 remains a foundational reference in land use planning, subject to updates and interpretations by DHSUD.

Core Definition of Built-Up Area

At the heart of AO 167 is the precise definition of "built-up area," which serves as a criterion for zoning classifications and development approvals. According to the order, a built-up area is defined as:

"Any contiguous land area characterized by a concentration of man-made structures, infrastructure, and urban activities, including residential, commercial, industrial, institutional, and recreational developments, where the density of buildings and population supports urban functions and services."

This definition encompasses several key elements:

Contiguity and Concentration: The area must be contiguous, meaning it forms a connected urban fabric without significant interruptions by undeveloped land. Concentration implies a threshold density of structures, typically measured by floor area ratios (FAR), building coverage, or population per hectare, though AO 167 does not prescribe numerical thresholds, leaving them to be determined in CLUPs based on local conditions.
Man-Made Structures and Infrastructure: This includes buildings (e.g., houses, offices, factories), roads, utilities (water, electricity, sewage), and public facilities (schools, hospitals, markets). AO 167 specifies that temporary or informal structures, such as squatter settlements, may be included if they contribute to the urban character, but formal recognition requires compliance with building codes under Republic Act No. 6541 (National Building Code).
Urban Activities and Functions: The area must support urban livelihoods, services, and interactions. This distinguishes built-up areas from rural or agricultural zones, where activities are primarily agrarian. AO 167 integrates this with the concept of "urbanizable areas" under the Urban Development and Housing Act, allowing for expansion into adjacent lands if justified by population growth projections.
Exclusionary Criteria: AO 167 explicitly excludes certain lands from being classified as built-up, even if developed, such as protected areas under Republic Act No. 7586 (National Integrated Protected Areas System Act), agricultural lands preserved by Republic Act No. 6657 (Comprehensive Agrarian Reform Law), and hazard-prone zones identified in geohazard assessments by the Mines and Geosciences Bureau.

The definition is operationalized through mapping and inventory processes in CLUP preparation, where LGUs are required to delineate built-up areas using GIS tools, aerial surveys, and ground validation. AO 167 mandates that at least 15% of a municipality's or city's land be designated as built-up in initial CLUPs for urban centers, adjustable based on demographic data from the Philippine Statistics Authority.

Applications in Land Use Planning and Regulation

AO 167's definition of built-up area has far-reaching applications in Philippine urban governance:

Zoning and Permitting: In zoning ordinances, built-up areas are zoned for higher-density uses, allowing for vertical development and mixed-use projects. Developers seeking locational clearances from HLURB/DHSUD must demonstrate that their projects are within or adjacent to built-up areas to avoid farmland conversion, as per Department of Agrarian Reform guidelines.
Urban Renewal and Redevelopment: The order facilitates programs for slum upgrading and relocation under RA 7279, where built-up areas with blighted conditions can be targeted for in-city resettlement. This includes incentives for private sector participation in socialized housing within existing built-up zones.
Environmental and Disaster Risk Management: By confining intensive development to built-up areas, AO 167 supports climate-resilient planning. It requires integration with the Climate and Disaster Risk Assessment (CDRA) process, ensuring that built-up expansions avoid floodplains, fault lines, and coastal erosion zones.
Fiscal and Administrative Implications: LGUs rely on this definition for property tax assessments, where built-up lands command higher valuations. It also influences the allocation of Internal Revenue Allotment (IRA) shares, as urban classifications under AO 167 can elevate a locality's status from rural to urban, unlocking additional funding for infrastructure.

In practice, AO 167 has been applied in landmark cases, such as HLURB decisions on subdivision approvals in Metro Manila, where appeals hinged on whether proposed sites qualified as extensions of built-up areas. Judicial interpretations by the Supreme Court, in cases involving land reclassification, have upheld the definition's emphasis on sustainability, reinforcing that arbitrary expansions violate national land use policies.

Challenges and Criticisms

Despite its strengths, the implementation of AO 167's built-up area definition faces several challenges:

Ambiguity in Thresholds: The lack of standardized density metrics leads to inconsistent applications across LGUs, sometimes resulting in over-development or under-protection of fringes.
Informal Settlements: AO 167's inclusion of informal structures creates tensions with eviction policies, as seen in conflicts under the Urban Development and Housing Act, where built-up status can either protect or displace communities.
Urban Sprawl: Critics argue that the definition inadvertently encourages sprawl by allowing incremental expansions, contradicting the compact city model promoted in the National Urban Development and Housing Framework.
Enforcement Issues: Limited technical capacity in provincial LGUs hampers accurate delineation, often leading to reliance on outdated maps or corruption in reclassification processes.

To address these, subsequent HLURB/DHSUD issuances, such as the 2013-2014 CLUP Guidebooks, have provided supplementary tools like land use accounting matrices to refine AO 167's application.

Interplay with Related Laws and Policies

AO 167 does not operate in isolation but intersects with a web of Philippine laws:

Local Government Code (RA 7160): Empowers LGUs to adopt CLUPs incorporating AO 167's definitions, with HLURB/DHSUD providing oversight.
Urban Development and Housing Act (RA 7279): Links built-up areas to mandatory allocation of lands for socialized housing, requiring 20% of projects in built-up zones to be affordable.
Environmental Laws: Aligns with RA 9003 (Ecological Solid Waste Management Act) and RA 8749 (Clean Air Act) by mandating green spaces within built-up areas.
Recent Reforms: Under DHSUD, AO 167 is being harmonized with the National Land Use Act proposals, which aim to create a unified framework for all land classifications.

Conclusion

The definition of built-up area under HLURB AO 167 represents a cornerstone of Philippine land use regulation, balancing urbanization with preservation. It provides a flexible yet principled approach to identifying urban cores, guiding LGUs in fostering livable, resilient communities. As the Philippines grapples with population growth, climate change, and economic pressures, AO 167's framework remains essential, though ongoing refinements are needed to adapt to emerging challenges. Policymakers, planners, and stakeholders must continue to interpret and apply this definition in ways that promote inclusive and sustainable development, ensuring that built-up areas serve as engines of progress rather than sources of inequality or environmental harm.