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OFFICE OF THE PRESIDENT HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL HOUSING AND LAND USE REGULATORY BOARD Ayala Hall, Makati Sports Club Leviste St., Salcedo Village, Makati City 20 September 2012 National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations” By: Atty. Antonio M. Bernardo Chief Executive Officer and Commissioner

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Page 1: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

OFFICE OF THE PRESIDENTHOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL

HOUSING AND LAND USE REGULATORY BOARD

Ayala Hall, Makati Sports ClubLeviste St., Salcedo Village, Makati City

20 September 2012

National Real Estate Association, Inc. (NREA)

“Philippine Real Estate and Local Governance”

“Program and Policy Innovations in Shelter Planning and Regulations”

By: Atty. Antonio M. BernardoChief Executive Officer and Commissioner

Page 2: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

OFFICE OF THE PRESIDENTHOUSING AND URBAN DEVELOPMENT COORDINATING COUNCILHOUSING AND LAND USE REGULATORY BOARD

HLURB Primary Mandates

Page 3: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

HLURB Mandates

A. PLANNING : (EO 648; EO 72; RA 7279)

1. Formulate guidelines for Comprehensive Land Use Plans.

2. Render technical assistance to LGU’s in CLUP preparation and to members of Provincial Land Use Committee (PLUC) and Regional Land Use Committee (RLUC) in CLUP review.

3. Review and ratify CLUPs of Highly Urbanized Cities (HUCs), Independent Component Cities (ICCs), Metro Manila cities and Provincial Physical Framework Plans (PPFPs).

Page 4: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

HLURB Mandates

4. Install an information system to monitor changes in the actual use of land resources and the implementation of CLUPs by LGUs.

5. Update and revise the National Urban Development and Housing Framework.

6. Train LGUs in subdivision plan approval and zoning enforcement.

A. PLANNING : (EO 648; EO 72; RA 7279)

Page 5: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

HLURB Mandates

B. REGULATION : (EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26)); 1. Register and license residential

and non-residential subdivision projects.

2. Issue development permits for condominium and columbarium projects.

3. Monitor development and construction of registered / licensed projects.

Page 6: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

HLURB Mandates

B. REGULATION : (EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26)); 4. Update and revise rules, guidelines and

standards on housing and real estate.

5. Approve Master Deed and Declaration of Restrictions of condominium project, and any amendment or revocation thereof decided upon by a simple majority of all registered owners (concurrently with City or Municipal Engineer).

6. Issue Locational Clearances for projects considered to be of vital and National or Regional Economic or Environmental significance.

Page 7: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

HLURB Mandates

B. REGULATION : (EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26));

7. Register and supervise HOAs.

8. Register real estate brokers, dealers and salesmen engaged in selling lots or units in projects under HLURB jurisdiction.

Page 8: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

HLURB Mandates

C. ADJUDICATION : (EO 648; RA 9904, 8763 (Sec. 26))1. Hear and decide disputes

between subdivision lot or condominium unit buyer and developer.

2. Resolve intra- and inter-homeowners associations disputes.

3. Decide on appeals from decisions of local zoning bodies.

Page 9: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

“Program and Policy Innovations in Shelter

Planning and Regulations”

“Philippine Real Estate and Local Governance”

Page 10: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Planning

CLUP Zero Backlog Program

Revision of guidelines to include climate change adaptation and disaster risk reduction measures, forest and coastal land use planning, biodiversity concerns and heritage conservation in the CLUP

HLURB Mandates and Major Activities for 2012

Page 11: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Regulation

ISO Certification of HLURB’s Licensing Process Review of IRR of various sections of P.D. 957 Review of Section 18 of R.A. 7279 (UDHA) Drafting of Code of Ethics for HOA Officers Drafting of pro-forma HOA forms (Articles of

Incorporation, Bylaws, etc.) Strengthening of monitoring function Review of Schedule of Fines

HLURB Mandates and Major Activities for 2012

Page 12: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Adjudication

Legal Monitoring System Arbiters Evaluation System Digital compilation of HLURB Board of

Commissioners decisions

HLURB Mandates and Major Activities for 2012

Page 13: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

“Program and Policy Innovations in Shelter Planning

and Regulations”

1. ISO Certification of Licensing process.2. Review and formulation of clearer and more

comprehensive IRRs.3. CLUP Zero Backlog Program.4. Legal Monitoring System and Arbiters Evaluation

System.5. Digital compilation of HLURB Board of

Commissioners decisions.6. Setting up of Liaison Desk Offices in various

regions without HLURB Field Offices.

Page 14: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

7. Re-designing of website for more accessible information, statistics and downloadable forms.

8. Recognition of investors contributions to over-all housing initiatives.

9. Continuing dialogue with stakeholders including consultations on formulation of major policies and rules.

10. Balancing of interests between developers/owners business/profit objectives and buyer’s rights/protection.

“Program and Policy Innovations in Shelter Planning

and Regulations”

Page 15: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

ISO Certification of HLURB Licensing Process

What’s the plan? Licensing process in the ENCR Field Office. ISO Certification will mean:

That the licensing process complies with international standards in the delivery of services;

That end user can expect a dependable, high quality service; and,

That there will be high customer satisfaction.

Page 16: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

ISO Certification of HLURB Licensing Process

What has HLURB done so far?

Initiated talks with TUV SUB PSB Philippines;

HLURB already accomplished questionnaire;

Secured a copy of ISO 9001 from Department of Trade

and Industry (DTI) Public Accreditation Office (PAO);

Received and currently evaluating business proposal;

and,

TWG prepared budget proposal for HLURB Board

approval.

Page 17: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Review and formulation of clearer and more comprehensive IRRs

I. Amended IRR governing Section 18 of R.A. 7279 of the Urban Development and Housing Act (UDHA) of 1992:

Additional modes of compliance; Socialized Housing project is now allowed

elsewhere in the Philippines.

II. Formulation of Revised IRRs of various

Sections of P.D. 957

Page 18: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Section 6: Performance Bond Section 7: Exempt Transaction Section 8: Suspension of License to Sell Section 9: Revocation of Registration Certificate and

License to Sell Section 10: Registration of Subdivision Lots and

Condominium Units Section 11: Registration of Dealers, Brokers and Salesmen -

Joint Statement with PRB-RES Section 12: Revocation of Registration of Dealers, Brokers

and Salesmen Section 15: Take-over Development Section 17: Registration Section 18: Mortgages

Formulation of Revised IRR of PD 957 (for the following Sections)

Page 19: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Section 19: Advertisements – with on-going discussion with Advertisement Standards Council for possible MOA

Section 20: Time of Completion Section 22: Alteration of Plans Section 23: Non-forfeiture of Payments Section 24: Failure to Pay Installments Section 25: Issuance of Titles Section 27: Other Charges Section 28: Access to Public Offices in the Subdivision Section 29: Right-of-Way to Public Road Section 30: Organization of HOA Section 31: Donation of Roads and Open Spaces to Local

Government Section 32: Phases of Subdivision Section 34: Visitorial Powers

Formulation of Revised IRR of PD 957 (for the following Sections)

Page 20: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

CLUP Zero Backlog Program

Aims to formulate/update CLUPs of all LGUs by end of 2013;

Adopted cluster approach to CLUP formulation/updating;

Fast-tracks CLUPs and ZOs preparation; and,

Updated CLUPs will identify more current and appropriate land use for different areas in LGUs

Page 21: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

CLUP Zero Backlog Program

Total No. of LGUs 1,635

Without CLUPs 204

With CLUPsUpdatedOutdated

1,431503928

Target (Without CLUP + Outdated)

2012 Targets 8862013 Targets 246

1,132

Page 22: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Legal Monitoring System and Arbiters’ Evaluation System

Efficient case management;

Hasten case disposition;

An application to keep track of the following: tasks, persons assigned, periods to accomplish and work deadlines;

Covers aspects of adjudication process from filing of complaint until execution;

Page 23: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Legal Monitoring System and Arbiters’ Evaluation System

Improve coordination between arbiters and paralegal staff;

Complement the expediency achieved by the Revised HLURB Rules of Procedures; and,

Adherence to the transparency and social accountability principles.

Page 24: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Digital compilation of HLURB Board of Commissioners decisions

Compilation of decisions in DVD format;

Decisions issued by HLURB covering the period 2009 to 2011;

Ensure consistency and promote transparency in reaching decisions on appealed cases;

Guide to law practitioners who specialize in subdivision and HOA cases;

Updates annually; and,

User-friendly courtesy of a desktop software called “Copernic”.

Page 25: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Setting up of Liaison Desk Offices in various regions without HLURB Field OfficesHLURB Regional Offices Regions Covered

Expanded National Capital Region (ENCR) Location: Quezon City

Metro Manila & Rizal

Northern Luzon Region (NLR)Location: Baguio City

Regions CAR, I & II

Northern Tagalog Region (NTR)Location: San Fernando, Pampanga

Region III

Southern Tagalog Region (STR)Location: Calamba, Laguna

Regions IV A & B

Bicol Region (BR)Location: Legaspi City

Region V

Western Visayas Region (WVR)Location: Iloilo City

Region VI

Central Visayas Region (CVR)Location: Cebu City

Regions VII & VIII

Northern Mindanao Region (NMR)Location: Cagayan De Oro City

Regions IX, X & XIII

Southern Mindanao Region (SMR)Location: Davao City

Regions XI & XII

Page 26: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Setting up of Liaison Desk Offices in various regions without HLURB Field Offices

HLURB Liaison Desks

Region ILocation: HDMF Office, San Fernando City, La Union Location: HDMF Office, Dagupan City

March 1, 2012

Region IILocation: HDMF Office, Tuguegarao City

March 1, 2012

Region IIILocation: HDMF Office, Cabanatuan City

Region IV-ALocation: HDMF Office, Batangas City

Region IV-BLocation: HDMF Office, Puerto Princesa City

June 4, 2012

Region VILocation: HDMF Office, Bacolod City

August 16, 2012

Region VIIILocation: NHA Office, Tacloban City

Region IX Location: Petit Barracks, Zamboanga City

July 2011

Region XIIILocation: HDMF Office, Butuan City

March 5, 2012

Page 27: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Re-designing of HLURB Website for more accessible information, statistics and downloadable forms

Easy access and navigation;

All information, policies, guidelines, resolutions , IRRs and other issuances are made available in portable document format (.pdf);

Page 28: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Downloadable forms; and,

License to Sell statistics.

Re-designing of HLURB Website for more accessible information, statistics and downloadable forms

Open Market;

2678; 14%

Economic Housing;

2038; 11%

Socialized housing; 700; 4%

Complaince; 610; 3%

Con-do-

minium; 814; 4%

Simple Subdivi-sion; 11907; 64%

License to Sell Covered by Projects CY 2001 - 2011

Page 29: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Re-designing of HLURB Website for more accessible information, statistics and downloadable forms

www.hlurb.gov.ph

Page 30: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Recognize private real estate developers, financial institutions and other stakeholders that has helped improve the quality, choice and affordability of housing.

Recognition of investors’ contributions to over-all housing initiatives

Page 31: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Continuing dialogues with stakeholders including consultations on formulation of major policies and rules.

Chamber of Real Estate & Builders’ Associations, Inc. (CREBA)

National Real Estate Association, Inc. (NREA)

Organization of Socialized Housing Developers of the Philippines (OSHDP)

The Philippine Federation of Real Estate Service Professionals Inc. (PFRESPI)

Subdivision and Housing Developers Association(SHDA)

Real Estate Brokers Association of the Philippines(REBAP)

United Architects of the Philippines (UAP)

Asian Institute of Management(AIM)

Philippine Real Estate Festival (PREF)

Philippine Association of Realtors Boards – Marikina Valley Real Estate Board (PAREB-MVRB)

Page 32: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Participatory approach;

Shared expertise;

Harmonize conflicting policies; and,

Open Communication

Continuing dialogues with stakeholders including consultations on formulation of major policies and rules.

Page 33: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Balancing of interests between developers/owners’ business/profit objectives and buyers’ rights/protection

Developer Buyer

Page 34: National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations”

Thank you and visit us at

www.hlurb.gov.ph