Dear Attorney,
I would like to seek legal advice regarding the responsibility for maintaining and repairing roads when a large parcel of land is subdivided into smaller lots. Specifically, I would like to know whether it is the developer, the lot owners, or the local government who is responsible for ensuring that these roads are maintained and repaired. I would appreciate your guidance on which party holds this obligation under Philippine law.
Thank you for your assistance.
Sincerely,
Concerned Landowner
Insights
In the Philippines, the responsibility for maintaining and repairing roads in a subdivided property largely depends on various factors, such as the stage of development, the transfer of ownership, and whether the roads have been formally turned over to the local government.
1. Developer's Responsibility:
Initially, the responsibility to maintain and develop roads within a subdivision falls on the developer. According to the Presidential Decree No. 957, also known as "The Subdivision and Condominium Buyers' Protective Decree," developers are required to provide basic infrastructure, including roads, drainage systems, and other necessary utilities, as part of the subdivision's development plan.
Under the decree, the developer must also obtain a license to sell the lots from the Housing and Land Use Regulatory Board (HLURB) and is required to complete the necessary infrastructure, including roads, before the lots can be sold. Until the subdivision's infrastructure, including roads, is complete and formally accepted by the local government unit (LGU), the developer is responsible for their maintenance.
2. Homeowners' Responsibility:
Once the subdivision is fully developed and the lots are sold, the responsibility for maintaining the roads may shift, depending on whether the developer has transferred the ownership and maintenance obligations to the local government or the homeowners' association (HOA). If the roads are within a private subdivision and have not yet been turned over to the LGU, the homeowners’ association (if one is formed) may take on the responsibility for road upkeep. In such cases, the HOA may impose fees on the lot owners for maintenance, repair, and other community services.
If the subdivision is gated and remains private, even after the sale of all lots, road maintenance might remain a collective responsibility of the lot owners, typically managed through the HOA.
3. Local Government Responsibility:
Roads within subdivisions may eventually be turned over to the local government unit (LGU) once certain conditions are met. The Local Government Code of 1991 (Republic Act No. 7160) provides for the turnover of roads and other public infrastructure to the LGU. However, this is contingent upon the LGU formally accepting the turnover, which includes inspecting the roads to ensure they meet the required standards. Once accepted, the LGU assumes responsibility for the maintenance and repair of the roads.
If the roads within the subdivision have been turned over to the LGU, it is their duty to maintain and repair these roads using public funds.
Conclusion:
The responsibility for road maintenance in a subdivided property hinges on several factors: whether the developer has completed the infrastructure, whether the roads are private or have been turned over to the LGU, and the formation of a homeowners' association. Initially, the developer is responsible, but this may shift to either the homeowners or the LGU, depending on the specific circumstances of the subdivision. Therefore, it is crucial to verify if the roads have been turned over to the LGU or remain under the jurisdiction of the HOA.
It is recommended to consult with the developer, HOA, or local government to determine the current status of the roads and ensure proper maintenance arrangements are in place.