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Balanced Housing Development Guidelines on Advertising Extension of Time to Develop [ETD] & Certificate of Completion [COC] Housing Industry Regulations

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Page 1: Balanced Housing Development Guidelines on Advertising …shda.ph/wp-content/uploads/2013/10/Housing-Industry... · 2013-10-11 · and procedures that may be promulgated by HLURB”

Balanced Housing

Development

Guidelines on Advertising

Extension of Time to Develop [ETD]

& Certificate of Completion [COC]

Housing Industry

Regulations

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Balanced Housing

Development

Guidelines on Advertising

Extension of Time to Develop [ETD]

& Certificate of Completion [COC]

Housing Industry

Regulations

Page 3: Balanced Housing Development Guidelines on Advertising …shda.ph/wp-content/uploads/2013/10/Housing-Industry... · 2013-10-11 · and procedures that may be promulgated by HLURB”

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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;

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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”

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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”

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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”

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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”

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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;

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THANK YOU.