Here’s a practical, end-to-end legal guide to securing a Subdivision Development Permit (SDP) in the Philippines—what it is, who regulates it, the sequence of approvals, and the documentary and technical standards you’ll be measured against. This is Philippines-specific and written for developers, landowners, project managers, and their consultants. (General information only—treat this as a how-to framework you’ll tailor to your LGU and DHSUD Regional Office.)
1) Big picture: What a Subdivision Development Permit is—and isn’t
- What it is: The LGU’s approval of your detailed site development plan and engineering plans so you can legally undertake land development (roads, drainage, utilities, grading, open spaces, etc.) for a residential subdivision.
- What it is not: It’s not your authority to market or sell. For that you still need DHSUD Project Registration & License to Sell (LTS) and Advertising/Promotion Approval. It’s also not a building permit for houses (those come later from the Office of the Building Official).
2) Legal bases (core framework)
- PD 957 (Subdivision and Condominium Buyers’ Protective Decree) & its IRR – sets developer obligations; governs project registration, LTS, and standards for open-market projects.
- BP 220 & IRR – technical standards for economic & socialized housing projects.
- PD 1216 – defines “open spaces” in subdivisions and the donation/turnover of roads, alleys, sidewalks, and parks/playgrounds to LGUs.
- RA 11201 (2019) – created the DHSUD; HLURB’s regulatory functions moved to DHSUD; adjudicative functions now with the HSAC.
- RA 7160 (Local Government Code) – LGUs approve SDPs, enforce zoning (CLUP/ZO), issue locational clearances, accept donated open spaces, etc.
- PD 1586 & EIS System rules – ECC/CNC environmental approvals via DENR-EMB.
- Other cross-cutting laws that often surface: PD 1067 (Water Code) easements; RA 8371 (IPRA) for ancestral domains (NCIP FPIC/CNO); RA 9514 (Fire Code) for fire protection; RA 9275 (Clean Water Act) for sewerage/septage; PD 856 (Sanitation Code); National Building Code (PD 1096).
3) Who regulates what (role map)
- LGU (City/Municipal): Zoning/locational clearance; issues the Development Permit; inspects and accepts/open-space turnover; building permits for structures.
- DHSUD (regional office): Registers projects; License to Sell, advertising approval; monitors compliance (including balanced housing obligations under the UDHA as amended).
- HSAC: Quasi-judicial disputes (buyers vs. developers; enforcement orders).
- DENR-EMB: ECC/CNC and environmental conditions.
- DAR: Land Conversion (if land is agricultural/irrigated/in CARP scope).
- MGB (DENR): Geohazard review/certifications; quarrying/earth-moving where applicable.
- DPWH: Connections to national roads, drainage outfalls to national infrastructure.
- NWRB: Water permits for wells; Local Water Districts for service commitments.
- BFP: Fire safety inputs (hydrants access, water supply for firefighting).
- NCIP: FPIC / Certificate of Non-Overlap if within/near ancestral domains.
- Distribution utilities & telcos: Service commitment letters (power/ICT).
4) The usual approval sequence (end-to-end)
A. Land & legal due diligence (before drawings)
- Ownership & title (OCT/TCT), updated tax declarations, liens/encumbrances.
- Land classification: confirm A&D vs. forestland/timberland; check protected areas, easements, waterways, foreshore.
- Zoning compliance: is intended use “Residential” per the LGU CLUP/Zoning Ordinance? If not, seek reclassification.
- Agricultural land? Determine if you need DAR Conversion (especially if irrigated/prime).
- Access/right-of-way to a public road—secure or legalize it early.
B. Concept & pre-application 6) Hold a pre-app conference with the City/Municipal Planning Office (and the DHSUD Regional Office if complex) to align on standards, checklists, and whether the project should be under PD 957 or BP 220.
C. Core pre-requisites 7) Locational Clearance / Zoning Compliance from the LGU Zoning Administrator. 8) Environmental clearance: ECC (or CNC) from DENR-EMB based on project size/location/sensitivity. (Thresholds and categories depend on current PEISS rules; confirm with the EMB Regional Office.) 9) Barangay clearance (site). 10) Special clearances (as applicable): MGB geohazard certification, NCIP FPIC/CNO, DPWH access to national road, water/power service commitments, NWRB water permit (if wells), flood/drainage outfall acceptance by LGU/DPWH.
D. Apply for the Subdivision Development Permit (LGU) 11) File the SDP package (see “Documentary checklist” below). 12) Technical review (planning/engineering) → comments → revisions → Mayor’s approval (or as delegated per LGU ordinance). 13) Permit issuance with stamped “approved” Site Development Plan and engineering plans.
E. After the Development Permit 14) File with DHSUD for Project Registration & LTS (and Advertising Approval) before any marketing or sale. Expect requirements like corporate papers, proof of ownership, approved SDP, performance bond/escrow to secure completion, model house approvals, and balanced housing compliance plan. 15) Start land development, comply with ECC conditions and LGU/DHSUD inspections. 16) As-built approvals → Turnover/Donation of roads/alleys/open spaces to the LGU per PD 1216; organize HOA; process individual titles for buyers.
5) Documentary checklist (typical LGU submission for SDP)
(Exact labels vary; your LGU planning/engineering offices will give the official list.)
- Application form & transmittal signed by the owner/developer or authorized rep (SPA if needed).
- Proof of ownership: OCT/TCT (updated), tax declarations, tax clearance; if under a development agreement or JVA, include contracts.
- Vicinity map & location plan showing access to the nearest public road.
- Topographic map and geodetic/subdivision control survey (prepared/signed by a Licensed Geodetic Engineer; target an approved Psd- plan for titled lands).
- Site Development Plan (SDP) (plan and report) with land use schedule and open-space computations.
- Engineering plans signed/sealed by Licensed Civil Engineers (and other relevant professionals): – Road plan & profile (centerline, cross-sections). – Grading & earthworks plan (cut-fill balance, slope protection). – Storm drainage (inlets, canals, detention/retention, discharge points). – Water supply (source, storage, distribution, fire hydrants). – Wastewater/septage strategy (central sewer or septic systems per Clean Water Act & Sanitation Code). – Electrical & lighting layout (with DU’s service advisory/commitment). – ICT/telecom provisions (if required by LGU).
- Project description & design analysis (including traffic/transport access; phasing, if any).
- Bill of Quantities/Cost estimates and work program; development schedule.
- Environmental documents: ECC/CNC and commitments (with EMP/EMoP), and any geohazard clearances.
- Locational Clearance (or proof of application if LGU allows concurrent processing).
- Barangay clearance.
- Special agency endorsements (as applicable): DAR Conversion Order; NCIP FPIC/CNO; DPWH access permit; NWRB water permit (wells); Water District service commitment; BFP comment on hydrants; drainage outfall acceptance.
- Deed of Restrictions (DOR) draft (to be annotated on titles); Open-space Donation Deed template for eventual turnover.
- Proof of access/right-of-way if the site is interior.
6) Technical standards you must design to (snap-shot)
(Always confirm whether PD 957 or BP 220 governs your project; they differ.)
- Open spaces: You must reserve open spaces (including roads, alleys, sidewalks, parks/playgrounds) and turn them over to the LGU upon completion (PD 1216). The minimum amounts and park/playground ratios depend on project type, density, and prevailing standards (PD 957 vs. BP 220).
- Roads & circulation: Hierarchy (main/collector/local), sidewalks on both sides in urban settings, planting strips where required, cul-de-sac geometry, interconnection to public roads, and sight-distance at intersections.
- Lotting parameters: Minimum lot areas/frontages vary (open market vs. economic vs. socialized; single-detached vs. duplex vs. rowhouse). BP 220 allows smaller lots/rights-of-way subject to its safety and habitability safeguards.
- Drainage & flood management: Provide capacity for design storms, on-site detention where necessary, and safe discharge to approved outfalls. Respect easements and natural waterways.
- Water supply & fire protection: Demonstrate reliable source, storage, and pressure; hydrant spacing and access coordinated with BFP and the water utility/NWRB.
- Wastewater/septage: Central sewer or properly designed septic systems with scheduled desludging and safe disposal per the Clean Water Act & local septage ordinances.
- Environmental safeguards: Tree preservation/landscaping, erosion/slope protection, dust/noise control, and ECC conditions.
- Water Code easements (PD 1067): As a rule of thumb, maintain legal easements along banks of rivers/streams/lakes—3 m (urban), 20 m (agricultural), 40 m (forest)—kept free/open for public use and maintenance.
Tip: For economic/socialized projects, BP 220 provides alternative minimums (e.g., tighter road widths/lot sizes) while still requiring safety, habitability, access, and open-space provisions. For open-market, PD 957 standards generally apply.
7) DHSUD registration, License to Sell, and advertising
- Sequence matters: Only after your SDP is approved should you lodge a DHSUD Project Registration & LTS application.
- Core LTS items: Corporate papers; proof of land ownership/authority; approved SDP/engineering plans; project brochure/ad materials for approval; performance security/escrow to guarantee development completion; model unit approvals if selling house-and-lot; and balanced housing compliance program under the UDHA (as amended).
- No selling/collecting any form of payment, “reservation,” or binding commitment before LTS. Advertising and digital promos need DHSUD ad approval.
8) Special issues that change your path
- Agricultural/irrigated land: If irrigated/prime or subject to CARP coverage, you’ll likely need DAR Conversion; also coordinate with NIA if irrigation is involved.
- Ancestral domain/ICC/IP areas: Secure NCIP FPIC or Certificate of Non-Overlap.
- Protected areas, timberland, foreshore: Expect additional DENR permits (e.g., Special Land Use Permit; Foreshore Lease) or outright restrictions.
- National road access: DPWH permit for driveways/acceleration-deceleration lanes; coordinate sight-distance and drainage tie-ins.
- Wells/groundwater: NWRB water permit; prove sustainable yield and protect neighboring users.
- Floodplains & shorelines: Respect hazard maps; elevate/retreat as needed; incorporate resilient design.
9) Open-space turnover, as-builts, and HOA
- Turnover/Donation: Under PD 1216, roads, alleys, sidewalks, and parks/playgrounds are donated to the LGU after completion; process Deeds of Donation and have the Registry of Deeds issue titles for road/park lots in the LGU’s name.
- As-built approvals: Submit as-built drawings, test results (e.g., compaction), utility acceptance certificates, and final inspections.
- HOA & DOR: Organize/assist a Homeowners’ Association (see RA 9904); annotate the Deed of Restrictions on titles.
10) Typical timeline & coordination tips
- Run locational clearance and environmental tracks in parallel where allowed.
- Get utility commitment letters early (water district, DU).
- Hold design coordination huddles with LGU technical reviewers to resolve comments quickly.
- For phased developments, submit clear phasing plans; some LGUs issue SDP per phase.
- Keep a conditions matrix (ECC/LGU/DHSUD) and close items as you build.
11) Common pitfalls—and how to avoid them
- Selling/advertising before LTS: Violates PD 957; avoid “soft” reservations.
- No legal access: Interior sites without perfected ROWs derail approvals.
- Under-sized open spaces/roads: Reworks; check the correct standard (PD 957 vs. BP 220) before drawing.
- Drainage without outfall rights: Secure written acceptance from the receiving LGU/DPWH or redesign for on-site attenuation.
- Skipping conversion/reclassification: If the land is agricultural or zoned non-residential, fix this first.
- Ignoring easements or hazard zones: Expect denials or heavy conditions.
- Unclear balanced-housing plan: DHSUD won’t move LTS without a compliant program.
12) Who signs what (professional accountability)
- Geodetic Engineer: Control surveys, subdivision plans (Psd), lot data computations.
- Civil Engineer: Road, drainage, grading, water, and structural components.
- Sanitary Engineer/Master Plumber: Sewer/septage design (where applicable).
- Registered Electrical Engineer: Power distribution and lighting.
- Architect: Site planning, amenities, model units, DOR input.
- Environmental Planner (EnP): Desirable for master planning and compliance narratives, especially for large/complex sites or rezoning cases.
13) Quick reference checklists
Pre-SDP gate checks
- ✅ Ownership clean & correct title
- ✅ Zoning compliant or reclassified
- ✅ Agricultural? DAR conversion evaluated
- ✅ Access/right-of-way perfected
- ✅ Initial utility feasibility (water/power/telecom)
- ✅ Hazard screening (flood/landslide; proximity to protected areas/ancestral domains)
SDP submission pack (short form)
- ✅ Application; fees
- ✅ Vicinity/location; topographic & survey plans
- ✅ SDP + engineering plans (sealed)
- ✅ Open-space computations & DOR draft
- ✅ Locational Clearance (or proof of filing)
- ✅ ECC/CNC; geohazard/NCIP/DPWH/NWRB/etc. as applicable
- ✅ Barangay clearance
- ✅ Cost estimates, work program, development schedule
- ✅ Utility commitment letters
Post-SDP (before marketing/sale)
- ✅ DHSUD Registration + LTS
- ✅ Advertising/promotions approval
- ✅ Performance security/escrow in place
- ✅ Balanced housing compliance program
Final notes & strategy
- Choose the right standard: Early in scoping, decide if your project falls under PD 957 or BP 220. The choice drives your minimum road widths, lot sizes, and open-space mix.
- Local specifics rule the day: LGUs and DHSUD Regional Offices publish their own checklists and processing rules. Always pull the current versions and align at pre-application.
- Environmental thresholds change: Treat the ECC/CNC determination as critical path—confirm the category and required studies with DENR-EMB Region at the start.
- Balanced housing evolves: The UDHA/Amendments and DHSUD rules periodically update compliance modes and percentages; confirm what applies to your exact project vintage and scale.
If you’d like, tell me your site’s location, land area, market segment (open market vs. economic/socialized), and whether it’s phased—then I’ll draft a project-specific permit roadmap and checklist you can use with your LGU and the DHSUD Regional Office.