housing and land use regulatory board · with the standards set by the hlurb and other existing...

“IDENTIFYING THE GOVERNMENT AGENCIES ESSENTIAL FOR THE NATIONAL SHELTER PROGRAM AND DEFINING THEIR MANDATES”

EXECUTIVE ORDER NO. 90

[ December 17, 1986 ]

DEVELOPING EFFICIENT RULES AND REGULATIONS

FOR THE REAL ESTATE AND HOUSING INDUSTRY

HOUSING AND LAND USE

REGULATORY BOARD

By: Atty. Antonio M. Bernardo

Chief Executive Officer and Commissioner



Chamber of Real Estate and Builders’ Associations

(CREBA)

24th National Convention

October 7-10, 2015

SMX Convention Center, Bacolod City

THE CHARTER OF

“THE HUMAN SETTLEMENTS REGULATORY COMMISSION”


REGULATORY BOARD

“IDENTIFYING THE GOVERNMENT AGENCIES ESSENTIAL FOR THE NATIONAL SHELTER PROGRAM AND DEFINING THEIR MANDATES”


[ December 17, 1986 ]

Section 1 [C]


REGULATORY BOARD

“The sole regulatory body for

housing and land development”

Renaming the

“Human Settlements Regulatory Commission”to “Housing and Land Use Regulatory Board”



RULE-MAKING

MANDATES


[ February 7, 1981 ]

PRESIDENTIAL DECREE NO. 957

[ July 12, 1976 ]

THE SUBDIVISION AND CONDOMINIUM BUYERS’PROTECTIVE DECREE


REGULATORY BOARD

RULE-MAKING

MANDATES

THE CHARTER OF

“THE HUMAN SETTLEMENTS REGULATORY COMMISSION”

Section 5. Powers and Duties

Authority to issue rules and regulations

to enforce land use policies and human

settlements as provided in x x x

P.D. No. 957, and other related laws

regulating the use of land

Section 8. Transfer of Functions

The regulatory functions of the National

Housing Authority pursuant to P.D. No. 957

and other related laws were transferred

to HSRC [HLURB]


[ February 7, 1981 ]

REPUBLIC ACT NO. 7279

[ March 24, 1992 ]

THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992 (UDHA)


REGULATORY BOARD

RULE-MAKING

MANDATES


[ July 12, 1976 ]

THE SUBDIVISION AND CONDOMINIUM BUYERS’PROTECTIVE DECREE

Section 36. Rules and Regulations

The Authority [HLURB] shall issue the

necessary standards, rules and regulations

for the effective implementation of the

provisions of P.D. No. 957


[ July 2, 2009 ]

MAGNA CARTA FOR HOMEOWNERS AND

HOMEOWNERS’ ASSOCIATIONS

Section 18. Balanced Housing Development

Developers of proposed residential subdivision

projects are required to develop an area for

socialized housing equivalent to 20% of

project area or project cost, in accordance

with the standards set by the HLURB

and other existing laws.


REGULATORY BOARD

RULE-MAKING

MANDATES


[ March 24, 1992 ]

THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992 (UDHA)

Section 6. Framework for Rational Development

Formulation of the National Urban Development

and Housing Framework, under the direction

of HUDCC, and in coordination with all LGUs

and other concerned public and private sectors.

RULE-MAKING

COVERAGE


Promulgation of zoning and other land

use control standards and guidelines


REGULATORY BOARD

RULE-MAKING

MANDATES


[ July 2, 2009 ]

MAGNA CARTA FOR HOMEOWNERS AND

HOMEOWNERS’ ASSOCIATIONS

Section 28. Implementing Rules and Regulations

The HLURB shall formulate and promulgate,

in consultation with concerned sectors, rules

and regulations necessary to implement

the provision of R.A. No. 9904


Regulation of the Real Estate Business

Zoning components of civil works and

infrastructure projects of the national,

regional and local governments

Land use plans and zoning ordinances

of local governments

Subdivision and real estate development

projects of both the public and private

sectors

Urban renewal plans, programs and

projects

Supplemental Guidelines

Mainstreaming Climate

Change & Disaster Risks

Volume 3

“Model Zoning Ordinance”

Volume 2

“Sectoral and Situational

Analysis”








REGULATORY BOARD

RULE-MAKING

COVERAGE

Volume 1

“The Planning Process”


REGULATORY BOARD

RULE-MAKING

COVERAGE



Any other similar projects, including

cemeteries, memorial parks, and columbaria

All condominiums, including residential

and commercial condominiums

All subdivisions, including residential,

commercial, farmlot, and industrial subdivisions

SCOPE OF APPLICATIONASPECTS OF REGULATION

RULE-MAKING

PROCESS

NATIONAL LAWS


REGULATORY BOARD

RULE-MAKING

COVERAGE



Approval of development plan and issuance of

development permit to condominium projects

Technical design and standards for

subdivisions and condominiums projects

Registration and issuance of license to sell

to subdivision and condominium projects

Monitoring of the development and completion

of subdivision and condominium projects

Imposition of sanctions and penalties.

ASPECTS OF REGULATION


REGULATORY BOARD

NATIONAL LAWS

Presidential Decree

No. 957

Batas Pambansa Blg. 220

Republic Act No. 7279


IMPLEMENTING RULES AND REGULATIONS

Executive Order No. 648

Series of 1981

IMPLEMENTING GUIDELINES

RULE-MAKING

PROCESS

BOARD RESOLUTIONS

MEMORANDUM CIRCULARS


REGULATORY BOARD

RULE-MAKING

PROCESS

“QUALITY MANAGEMENT SYSTEM”

CERTIFIED UNDER

ISO 9001:2008

BOARD RESOLUTIONS MEMORANDUM CIRCULARS

MANCOM / RFO /

STAKEHOLDERS

TECHNICAL WORKING

GROUP


REGULATORY BOARD

RULE-MAKING

PROCESS


MANCOM / RFO /

STAKEHOLDERS

TECHNICAL WORKING

GROUP

TECHNICAL WORKING

GROUP

TECHNICAL WORKING

GROUP


REGULATORY BOARD

RULE-MAKING

PROCESS


REBAP

PAREB

PHILRES

NREA

SHDA

OSHDP

CREBA

MANCOM / RFO /

STAKEHOLDERS


REGULATORY BOARD

RULE-MAKING

PROCESS


MANCOM / RFO /

STAKEHOLDERS

REGULATORY

ISSUANCES


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS

Presidential Decree

No. 957




IMPLEMENTING RULES

AND REGULATIONS

Board Resolution No. 871

Series of 2011

“2011 Revised Rules of

Procedure of the HLURB”


Series of 1981


Series of 1981


Series of 1981


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS


Series of 1981

Presidential Decree

No. 957





Series of 2011

“2011 Revised Rules of

Procedure of the HLURB”


Series of 1981


Series of 1981

IMPLEMENTING RULES

AND REGULATIONS


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS

Presidential Decree

No. 957

Batas Pambansa Blg. 220Republic Act No. 9904


Series of 2012

“Revised Implementing Rules

and Regulations to Govern

Section 18 of UDHA”



Series of 1981Republic Act No. 7279Republic Act No. 7279

IMPLEMENTING RULES

AND REGULATIONS


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS


Series of 1981

Presidential Decree

No. 957

Batas Pambansa Blg. 220Republic Act No. 9904



Series of 2012


and Regulations to Govern

Section 18 of UDHA”

Republic Act No. 7279Republic Act No. 7279

IMPLEMENTING RULES

AND REGULATIONS


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS

Presidential Decree

No. 957




Series of 2011

“Implementing Rules

and Regulations

of R.A. No. 9904”





Series of 1981

IMPLEMENTING RULES

AND REGULATIONS


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS


Series of 1981

Presidential Decree

No. 957





Series of 2011

“Implementing Rules

and Regulations

of R.A. No. 9904”

Republic Act No. 9904Republic Act No. 9904

IMPLEMENTING RULES

AND REGULATIONS


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS

Presidential Decree

No. 957




Series of 2001

“Amending the Rules and

Standards for Economic and

Socialized Housing Projects

to Implement B.P. 220”





Series of 1981

IMPLEMENTING RULES

AND REGULATIONS


REGULATORY BOARD

REGULATORY

ISSUANCES

NATIONAL LAWS


Series of 1981



Batas Pambansa Blg. 220Batas Pambansa Blg. 220Republic Act No. 9904


Series of 2001

“Amending the Rules and

Standards for Economic and

Socialized Housing Projects

to Implement B.P. 220”

Presidential Decree

No. 957

Presidential Decree

No. 957


IMPLEMENTING RULES

AND REGULATIONS

Board Resolution No. 699, Series of 2001

“Amending the Rules and Regulations Implementing the

Subdivision and Condominium Buyers’ Protective Decree

Board Resolution No. 699, Series of 2001

“Amending the Rules and Regulations Implementing the

Subdivision and Condominium Buyers’ Protective Decree


REGULATORY BOARD

REGULATORY

ISSUANCES

Section 19

Advertisements


Series of 2014


Sections 11 and 12

Dealers, Brokers and

Salesmen


Series of 2014

Section 20

Time of Completion

Board Resolution No. ___

Series of 2015


and Regulations on Dealers,

Brokers and Salesmen”


and Regulations on

Time of Completion”


and Regulations on Advertisements”

“Revised Implementing Rules and Regulations

on Advertisements”




on Dealers, Brokers and Salesmen”



on Advertisements”

Requirement that license to sell number be

of the same font, size and resolution as the

largest contact information


REGULATORY BOARD

REGULATORY

ISSUANCES


“Amendatory and Supplemental

Guidelines on Advertisements”

Memorandum Circular

No. 01-A, Series of 2015

Memorandum Circular

No. 01, Series of 2015

“2014 Guidelines on

Advertisements”

Uniform format of license to sell number

and date of completion

Requirement of Certificate of Occupancy if ads claim

“Ready for Occupancy” or “Ready for Moving-In”

“Dispensing With The

Requirement of Notarization In

the Registration of Brokers and

Salespersons”

Memorandum Circular

No. 02-B, Series of 2015

Allowing cash bond in lieu of

surety bond as security

Submission of specimen signature for

issuance of HLURB Identification Card

Uniform numbering of Certificate of Registration


REGULATORY BOARD

REGULATORY

ISSUANCES





Memorandum Circular

No. 02, Series of 2015

“2014 Guidelines on Dealers,

Brokers and Salesmen”Memorandum Circular

No. 02-A, Series of 2015

“Amendatory and

Supplemental Guidelines on

Dealers, Brokers and Salesmen”

Exemption of single proprietorship from

the requirement of registration

Allowing registration in any regional

field office of the HLURB

Allowing submission of official receipt / claim stub

in lieu of PRC Certificate of

Registration or Identification Card

Revised Implementing Rules

and Regulations on Time of Completion


REGULATORY BOARD

REGULATORY

ISSUANCES





Memorandum Circular

No. 02-B, Series of 2015

“Dispensing With The

Requirement of Notarization In

the Registration of Brokers and

Salespersons”

Memorandum Circular

No. 02-C, Series of 2015

“Certificate of Registration

as Accountable Form”

Memorandum Circular

No. 02-D, Series of 2015

“Clarificatory Guidelines on

Exclusion of Developers From

Registration Requirement”



Period of Completion based on submitted

program of development

Separate periods of completion for land

development and housing construction

allowance for possible delay due to

weather disturbances, work interruptions

and shortage of supplies

Features Of The New Rules

Additional period may only be granted in

meritorious or exceptional cases


REGULATORY BOARD

REGULATORY

ISSUANCES

Grounds For Additional Period of Time

Buyers’ Remedies

Non-Completion

Sub-soil conditions discoverable only

after actual excavations

Fortuitous Events

Lawful orders issued by competent

court, government agency or LGU

enjoining the development, provided

that such issuance is not attributable

on any fault or negligence, or dispute

on the part of or between

the owner or developer

Grounds For Additional Period of Time




REGULATORY BOARD

REGULATORY

ISSUANCES

Fines and SanctionsNon-Completion

Buyers on

Installments

Other rights and remedies

provided for by other laws

Sec. 23 , P.D. 957

Buyers’ Remedies

Fully Paid

Buyers

Civil Code

[ Art. 1191 ]




REGULATORY BOARD

REGULATORY

ISSUANCES

Transitory ProvisionFines and Sanctions

P 1,000 - P 10,000 in accordance

with HLURB’s Approved Schedule

of Fines and Penalties

Suspension of License to Sell

CDO – Selling / Advertising /

Collecting Installments




REGULATORY BOARD

REGULATORY

ISSUANCES

Proposed Rules and Policies

Within ninety (90) days from the effectivity of this Rules,

all on-going projects with an original fixed or approved

period of completion or extension of time to develop that

is shorter than the period of completion provided in the

originally submitted or revised work program or program

of development may apply for a final additional time to

develop and complete the project based on their approved

or revised work program or program of development

Transitory Provision




REGULATORY BOARD

REGULATORY

ISSUANCES

REMOVAL OF THE

TEMPORARY LICENSE TO SELL

(Section 5, PD 957)

Completion and delivery is delayed due to non-

development pending issuance of building permit

non-compliance by the developers with

the required escrow deposit

Non-submission of required sales reports

In some cases, building permit is

denied by the local government

DEVELOPERS PROVIDING IN-HOUSE

FINANCING AS CREDIT-GRANTING ENTITIES

(BSP Circular No. 755, S. of 2012)

Current required bond is only 20% of

remaining cost of completion

Insufficient to complete the project in case

of non-development or abandonment

PERFORMANCE BOND

(Section 6, PD 957)


REGULATORY BOARD

REGULATORY

ISSUANCES


PROVISIONAL ACCREDITATION OF

SOCIALIZED HOUSING DEVELOPERS

Requirement of Truthful Disclosure of

Terms of Financing in the Contract to Sell

In-House Financing / Sales on Installment Basis

Considered as Credit-Granting

Registration with the Bangko Sentral of

Developers Providing In-House Financing





REGULATORY BOARD

REGULATORY

ISSUANCES


Automatic upgrading to general accreditation

upon construction of 500 housing units

Dispensing with the 500-housing unit built as a

requirement for general Accreditation

Requirement of joint-venture agreement and

development permit of the socialized housing to

qualify for provisional accreditation

PROVISIONAL ACCREDITATION OF

SOCIALIZED HOUSING DEVELOPERS





REGULATORY BOARD

REGULATORY

ISSUANCES


Thank you and visit us at

www.hlurb.gov.ph

09176273784
http://www.hlurb.gov.ph/http://www.hlurb.gov.ph/

housing and land use regulatory board · with the standards set by the hlurb and other existing...

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