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Real Estate Brokerage Exam > Land use planning, zoning and development > Flashcards

Land use planning, zoning and development Flashcards

1
Q

What are the UDHA objectives?

A

Equitable utilization of residential lands.
Optimization of use and productivity of land.
Development of urban areas conducive to commercial and industrial activities
Reduction in urban dysfunction
Access to land and housing by underprivileged

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2
Q

What is presidential decree 399?

A

Regulates use of land within one thousand meter strip along existing and proposed highway or road. Priority given to human settlement sites, tourism, land reforms relocation f squatters, etc

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3
Q

What is PD 815?

A

Prohibits conversion of tenanted rice and corn land unless authorized by DAR

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4
Q

What is PD 933?

A

Liberate communities form blight and congestion
To optimize use of land as a natural resource for public welfare
To effect rational interdependence of communities

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5
Q

What is PD 957 (or the Subdivision Law)?

A

Requires review and approval of subdivision plans and licensing prior to its disposition

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6
Q

What is PD 1216?

A

30% open space mandated for 1 hectare and up

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7
Q

What is letter of instruction no. 713?

A

Provides no construction for residential, etc on agricultural land unless cleared by HLURB

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8
Q

What is Letter of instruction no. 833?

A

Suspend te following:
Registration of mining claims in quezon province
Processing apps for mining rights
Reviewing apps for quarry permit
Mining and other allied operations quarry

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9
Q

Three major functions of HLURB?

A
  1. Rule making function - power to promulgate and issue rules and regulations and carry out or implement laws to enact it (under eO 648)
  2. Planning function - technical assistance to LGUs in formulation of town plans and zoning ordinances
  3. Quasi-judicial function - conduct public hearings, issue cease and desist foreclosure order, etc

Has exclusive jurisdiction to hear and decide these cases -
Unsound real estate business practice
Cases involving specific performance of obligations filed by buyers of subdivision lot or condo against owner, developer, broker, salesman

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10
Q

What is land use planning?

A

Rational and deliberate allocation of the major physical resources of the country which is land

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11
Q

What is land use?

A

Predominant activity or function on specified land area or location

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12
Q

What does land use plan consist of?

A 
Planning goals
Objectives 
Strategies 
Development policies 
Implementing mechanism 
Land use regulations and controls 
Program and projects 
Investment requiements
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13
Q

What are the determinants of land use?

A

Physical - slope, soil type, climate, natural risk and potential man made risk
Socio-economic determinant - population distribution and activity systems
Political determinants - consist of gov policies on land tenure and other legal measures

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14
Q

What are the classifications of zoning for land use?

A 
Residential (most favored)
Commercial
Industrial
Open spaces 
Institutional zones
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15
Q

Zoning ordinance is police power, meaning?

A

Police power is superior to contractual stipulations between parties on the use of the land sod by subdivisions even if said conditions are annotated in torrens title

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16
Q

LGU and power of eminent domain

A

May be exercised for public use, purpose or welfare of poor and landless, upon payment of just compensation

May not be exercised unless a valid and definitely offer has been made to owner which was rejected

17
Q

LGU can expropriate property if it fails to acquire through purchase

A

May immedTely take possession of property upon filing expropriation proceedings and making deposit if at least 15 percent of fair market value

18
Q

Reclassification or argricultural lands in what cases?

A

When land ceases to be economically fwasible and sound for agri purposes as determined by department of agriculture

When land has greater economic value for residential commercial or industrial purposes

19
Q

Reclassification shall be limited to?

A

15% for highly urbanized areas and independent component cities

10% for component cities and first to Third class municipalities

5% for fourth to sixth class municipalities

20
Q

Definition of urban areas by NSO?

A

In entirety, cities and municipalities Having population density of at least 1000 people per square km

Poblaciones or central districts with pop density of at least 500 per sq km

Poblaciones or central districts having street pattern and at least six establishments, with at least three of the ff: town hall, church or chapel, public plaza, park or cemetery, market place, public building like school, hospital, library

Barangay a with at least 1000 inhabitants where occupation is mostly non farming or fishing

21
Q

Definition of urban areas by RA 7279?

A

Urban areas - all cities regardless of pop density and to Municipalities with pop density of at least 500 people per sq km

Urbanizable areas - sites and lands which mark great potential of becoming urban areas within 5 years

22
Q

HLURB urban areas?

A

All barangays or portion of and built up area including urbanizable land, where at least 50% of population are engaged in non agricultural activities

23
Q

What is a built up area?

A

Contiguous grouping of ten or more structures

24
Q

UDHA coverage?

A

All lands in urban and urbanizable areas including:

ADP (areas of priority development)
ZIS (zonal improvement sites)
SIRS (slum improvement and resettlement sites)
Other areas identified by LGUs as suitable for socialized housing

25
Q

UDHA exemptions?

A

Those included in comprehensive agrarian reform law
Those used for national defense and security
Those set aside for gov utilization a
Those set aside for parks, etc

26
Q

What is the Community Mortgage Program (CMP)?

A

Mortgage financing program which assists legally organized organization or underprivileged an hones less citizens to own land they occupy or where they choose to be relocated to

27
Q

UDHA private sector participation?

A

Require developers of proposed subdivision projects to set aside area specifically for socialized housing equivalent to at least twenty percent of total subdivision area or project cost

28
Q

Modes of land acquisition for UDHA?

A 
Community mortgage
Land swapping 
Land assembly or consolidation 
Land banking 
Donation to the government 
Joint venture agreement 
Negotiated purchase 
Expropriation
29
Q

Ddisposition of lands do socialized housing by UDHA?

A

National housing authority (nha) and LGUs coordinate –

Lease with option to purchase, usufruct
Scheme for public rental housing

30
Q

UDHA wlegibility criteria for socialized housing?

A

Filipino citizen
Underprivileged and homeless
Not own any property in urban or rural area
Not be professional squatter or meme we of squatting syndicate

31
Q

Action against professional squatters and syndicates?

A

6 years imprisonment and fine not less than 60k but not more than 100k

32
Q

Eviction and demolition by UDHA?

A

Allowed when persons are occupying danger areas
When there is court order for it
When gov infrastructure projects with available funding are to be implemented

33
Q

Requirements to carry out eviction and demolition?

A

30 days notice
Adequate consultation on resettlement
Presence of local gov officials
Only during regular office hours during good weather unless families consent otherwise
No use of heavy equipment exempt for structures that are concrete and permanent
Proper uniforms for pnp
Adequate relocation

34
Q

Role of government housing agencies?

A

HUDCC (headed by VP)

  • formulate standards and technical support in prep of town and land use plans
  • assistant in obtaining funds and resources

NHA
- provide technical and other forms of assistance in implementation of their respective urban development and housing programs

NHFMC (national home mortgage finance corporation)
- administers the CMP

HIGC (home insurance guaranty corporation)
- design appropriate guarantee scheme to encourage financial institutions to go into direct lending for housing

35
Q

What is UDHA? (R.A. 7279)

A

Urban development and housing act

Signed into law March 24 1992 by corazon Aquino

Real Estate Brokerage Exam (10 decks)

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