balanced housing development guidelines on advertising...
TRANSCRIPT
Balanced Housing
Development
Guidelines on Advertising
Extension of Time to Develop [ETD]
& Certificate of Completion [COC]
Housing Industry
Regulations
Balanced Housing
Development
Guidelines on Advertising
Extension of Time to Develop [ETD]
& Certificate of Completion [COC]
Housing Industry
Regulations
Board Resolution No. 890
Series of 2012
Revised Implementing Rules And Regulations To
Govern Section 18 Of Republic Act No. 7279,
Otherwise Known As “The Urban Development
and Housing Act of 1992”
Approved on: October 12, 2012
Published on: December 17, 2012
Effective on: January 1, 2013
Main Manner
of Compliance Section 18 of Republic Act No. 7279
Urban Development and Housing Act of 1992
Board Resolution No. 890
Series of 2012
Balanced Housing
Development
Housing Industry
Regulations
at least 20% of the total
subdivision project cost
at least 20% of the
total subdivision
area / cost
“Developers of proposed
residential subdivision
projects shall be
required to develop and
area for socialized
housing”
“The developers may also
choose any of the
following manners,
subject to the pertinent
guidelines requirements,
and procedures that may
be promulgated by
HLURB”
Other Manners of
Compliance
Main Manner
of Compliance
Board Resolution No. 890
Series of 2012
Balanced Housing
Development
Participation
In CMP
Joint Venture With
Either LGUs or HAs
Other Manners of
Compliance
Main Manner
of Compliance
Slum Upgrading
Development Of
New Settlement Balanced Housing
Development
Board Resolution No. 890
Series of 2012
Balanced Housing
Development
Balanced Housing
Development
Balanced Housing
Development
Development Of
New Settlement
Slum Upgrading
Joint Venture With
Either LGUs or HAs
Participation
in CMP
Manners of
Compliance General Requirements
1. Location of the
Compliance Project;
2. Conformity with BP 220
minimum design and standards;
3. Requirements and procedure for
publication, posting of billboards
and submission of affidavits;
4. Registration, licensing and
annotations on the LS;
Board Resolution No. 890
Series of 2012
M.C. Nos. 01 – 05
Series of 2013
Balanced Housing
Development 5. Period of Completion;
7. Penalties and sanctions.
6. Procedure for monitoring; and
Balanced Housing
Development
Development Of
New Settlement
Slum Upgrading
Joint Venture With
Either LGUs or HAs
Participation
in CMP
Manners of
Compliance General Requirements
Board Resolution No. 890
Series of 2012
M.C. Nos. 01 – 05
Series of 2013
Development Of
New Settlement
Balanced Housing
Development
Participation
in CMP
Joint-Ventures and Agreements with
Accredited developers of socialized
housing projects / accredited NGOs to
develop socialized housing projects
Provision of facility, center
or amenity and other basic facilities
to benefit existing socialized
housing project/s
Modes of
Compliance
Manners of
Compliance
Joint Venture With
Either LGUs or HAs
Slum Upgrading
Board Resolution No. 890
Series of 2012
M.C. Nos. 01 – 05
Series of 2013
Balanced Housing
Development
Development Of
New Settlement
Participation
in CMP
Purchase of Instruments of
Participation or Contributions
to NHA’s Projects Slum Upgrading
Modes of
Compliance
Manners of
Compliance
Joint Venture With
Either LGUs or HAs
Board Resolution No. 890
Series of 2012
M.C. Nos. 01 – 05
Series of 2013
Balanced Housing
Development
Development Of
New Settlement
Slum Upgrading
Participation
in CMP
Provision of education/health facilities,
productivity / livelihood centers and
other basic amenities and facilities
Development of socialized housing
or resettlement project
Modes of
Compliance
Manners of
Compliance
Joint Venture With
Either LGUs or HAs
Takeover development of abandoned /
unfinished socialized housing projects
Purchase of socialized housing bonds
Rehabilitation of non-performing
socialized housing assets
Board Resolution No. 890
Series of 2012
M.C. Nos. 01 – 05
Series of 2013
Balanced Housing
Development
Development Of
New Settlement
Slum Upgrading Providing or developing ROW,
access to roads or public
transportation lines or providing
or upgrading of amenities, facilities,
or other forms of development
in an existing CMP
Providing a parcel of land
To a CMP project
Joint Venture With
Either LGUs or HAs
Modes of
Compliance
Manners of
Compliance
Participation
in CMP Purchase of Asset-Backed Securities
originated or conveyed by SHFC
Board Resolution No. 890
Series of 2012
M.C. Nos. 01 – 05
Series of 2013
Advertisements that may be made by the owner or developer through
newspaper, radio, television, leaflets, circulars or any other form about
the subdivision or the condominium or its operations or activities must
reflect the real facts and must be presented in such manner that will not
tend to mislead or deceive the public.
The owner or developer shall be answerable and liable for the facilities,
improvements, infrastructures or other forms of development
represented or promised in brochures, advertisements and other sales
propaganda disseminated by the owner or developer or his agents and
the same shall form part of the sales warranties enforceable against
said owner or developer, jointly and severally. Failure to comply with
these warranties shall also be punishable in accordance with the
penalties provided for in this Decree.
“newspaper, radio, television, leaflets,
circulars or any other form”
Media /
Coverage
“must reflect the real facts and must
be presented in such manner that will
not tend to mislead or deceive the
public.
Truth in
Advertising
“representations shall form part of the
warranties and the owner / developer
shall be answerable and liable”
Representations
Sec. 19, P. D. No. 957
Advertisements
Sec.19, P.D. No. 957
Advertisements
Guidelines on Advertising
Advertisements that may be made by the owner or developer through
newspaper, radio, television, leaflets, circulars or any other form about
the subdivision or the condominium or its operations or activities must
reflect the real facts and must be presented in such manner that will not
tend to mislead or deceive the public.
The owner or developer shall be answerable and liable for the facilities,
improvements, infrastructures or other forms of development
represented or promised in brochures, advertisements and other sales
propaganda disseminated by the owner or developer or his agents and
the same shall form part of the sales warranties enforceable against
said owner or developer, jointly and severally. Failure to comply with
these warranties shall also be punishable in accordance with the
penalties provided for in this Decree.
“newspaper, radio, television, leaflets,
circulars or any other form”
Media /
Coverage
“must reflect the real facts and must
be presented in such manner that will
not tend to mislead or deceive the
public.
Truth in
Advertising
“representations shall form part of the
warranties and the owner / developer
shall be answerable and liable”
Representations
Sec. 19, P. D. No. 957
Advertisements
Sec.19, P.D. No. 957
Advertisements
Guidelines on Advertising
Prior Approval
Truth in Advertising
Documentary Requirements
Mandatory and Prohibited Contents
Fees and Fines
Warranties and Representations
Sec. 19, P. D. No. 957
Advertisements
Board Resolution No. 808
Series of 2007
Coverage
Mandatory Contents
Announcements & Advertisements
Prohibitions & Prohibited Contents
Separate Violations
Selling without License
Sec. 19, P. D. No. 957
Advertisements
Coverage Proposed Amendments
On Advertisements
Sec. 19, P. D. No. 957
Advertisements
Coverage
“.. newspapers, magazines, televisions, radio, billboards, brochures, leaflets, flyers, scale-model ….”
“.. Digital signages, internet websites, social media-services, short or multi-media messaging, or any other form of electronic communication using handheld computer and devices …”
Proposed Amendments
on Advertisements
An “announcement” is any information disseminated or communicated for the purpose of
initially informing or notifying the public about a project with an already-issued development permit.
Announcements & Advertisements
Sec. 19, P. D. No. 957
Advertisements
Proposed Amendments
on Advertisements
Announcements & Advertisements
Sec. 19, P. D. No. 957
Advertisements
Development
Permit
Temporary
License to
Sell
License to
Sell
Announcement Announcement
Advertisement
Announcement
Advertisement
Proposed Amendments
on Advertisements
Prohibitions and Prohibited Contents
Sec. 19, P. D. No. 957
Advertisements
Mandatory Contents
Announcement
1. Exact location;
2. Name of owner /
developer; and
4. Development Permit
No. or Alteration of
Plan Approval No. 5. Maximum selling price for
socialized / economic
housing.
“w/o license to sell yet”
“application for LS under
process”`
Proposed Amendments
on Advertisements
5. Fair Warning Message
Prohibitions and Prohibited Contents
Sec. 19, P. D. No. 957
Advertisements
Mandatory Contents
Advertisement
1. Exact location;
2. Name of owner /
developer; and
3. License to Sell No.
4. Project Completion Date; and
5. Maximum selling price for
socialized / economic
housing.
Proposed Amendments
on Advertisements
Housing Industry
Regulations
Other Proposed
Amendments Sec. 19, P. D. No. 957
Advertisements
Proposed Amendments
on Advertisements
Announcement Advertisement
Prohibitions and Prohibited Contents
2. Future projects or development;
2. Exaggerations or misleading
information.
1. Disclaimer/s;
Housing Industry
Regulations
Other Proposed
Amendments Sec. 19, P. D. No. 957
Advertisements
Proposed Amendments
on Advertisements
Announcement Advertisement
2. Developer’s or broker’s
office address or contact
information;
Prohibitions and Prohibited Contents
“inclusion of which, including by
inserting, stapling, attaching or
clipping is deemed selling
without license”
Housing Industry
Regulations
Other Proposed
Amendments Sec. 19, P. D. No. 957
Advertisements
Proposed Amendments
on Advertisements
Announcement Advertisement
2. Developer’s or broker’s
office address or contact
information;
Prohibitions and Prohibited Contents
2. Future projects or development;
2. Exaggerations or misleading
information.
1. Disclaimer/s; ‘FINE PRINTS AND VERBAL FINE PRINTS”
“Using fine prints or sound and
image distracting” for fair
warning message and mandatory
statements”
“SEPARATE AND DISTINCT VIOLATION”
“Each printing, publishing, airing, or
each day of billboard posting shall be
considered as separate violation”
Housing Industry
Regulations
Other Proposed
Amendments Sec. 19, P. D. No. 957
Advertisements
Proposed Amendments
on Advertisements
Announcement Advertisement
Prohibitions and Prohibited Contents
‘FINE PRINTS AND VERBAL FINE PRINTS”
“Using fine [small] prints or sound
and image distracting” for fair
warning message and mandatory
statements”
Housing Industry
Regulations
Other Proposed
Amendments Sec. 19, P. D. No. 957
Advertisements
Proposed Amendments
on Advertisements
Announcement Advertisement
Prohibitions and Prohibited Contents
“SEPARATE AND DISTINCT VIOLATION”
“Each printing, publishing, airing, or
each day of billboard posting shall be
considered as separate violation”
Extension of Time to Develop [ETD]
“Section 21. Time for Completion. - x x x within one (1)
year or within such other period of time as may be fixed
by the Board from the date of the issuance of license to
sell for the subdivision or condominium project.”
Housing Industry
Regulations
Other Proposed
Amendments
1. Issuance of ETDs ;
2. Guidelines and parameters on fixing periods of
completion, separately for land development and
construction of housing component, as may be
necessary;
Certificate of Completion (COC)
1. Requirement of HOA’s consent prior to
issuance is under legal study;
THANK YOU.