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1 st National Cooperative Housing Summit Great Eastern Hotel, Quezon City July 17, 2014 Cooperative Housing Regulatory Challenges Cooperative Housing Regulatory Challenges HLURB Mandates

HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

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Page 1: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

1st

National Cooperative Housing Summit

Great Eastern Hotel, Quezon City

July 17, 2014

Cooperative Housing

Regulatory Challenges

Cooperative Housing

Regulatory Challenges

HLURB Mandates

Page 2: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

“Authorizing the Ministry of Human

Settlements To Establish and Promulgate

Different Levels of Standards and

Technical Requirements for Economic and

Socialized Housing Projects”

“Subdivision and Condominium Buyers

Protective Decree”

Presidential

Decree No. 957

Presidential

Decree No. 957

Batas Pambansa

Blg. 220

Republic Act

No. 9904

HLURB Mandates

“Magna Carta For Homeowners and

Homeowners’ Association”

HLURB Mandates

Cooperative Housing

Regulatory Challenges

Cooperative Housing

Regulatory Challenges

E.O. Nos. 648, 72

& R.A. No. 7279

Comprehensive Land Use Planning,

Zoning, and Identification of Socialized

Housing Sites

Page 3: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Subdivision Project

Presidential

Decree No. 957

HLURB Mandates

Regulation of Subdivision &

Condominium Projects

Rights and Obligations

of Buyers & Developers

Cooperative Housing

Regulatory Challenges

Page 4: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Partitioning of a tract or parcel

of land into individual lots

Subdivision Project

For sale, in cash or in installment terms

Presidential

Decree No. 957

“Sale”

“shall include every

disposition, or attempt

to dispose, for a valuable

consideration,

of a subdivision lot”

HLURB Mandates

“Sale”

“shall include every

disposition, or attempt

to dispose, for a valuable

consideration,

of a subdivision lot”

Cooperative Housing

Regulatory Challenges

Page 5: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Condominium Project Subdivision Project

Presidential

Decree No. 957

HLURB Mandates

“Sale”

“shall include every

disposition, or attempt

to dispose, for a valuable

consideration,

of a subdivision lot”

contract to sell

contract of

purchase and sale

exchange

attempt or offer to sell

option of sale

or purchase

solicitation of a sale

A privilege given to a member of a

cooperative, corporation, partnership, or

any association and/or the issuance of a

certification or receipt evidencing or

giving the right of participation in, or

right to, any land in consideration of

payment of the membership fee or dues,

shall be deemed a sale within the

meaning of this definition.

Cooperative Housing

Regulatory Challenges

Page 6: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Republic Act No. 4726

"The Condominium Act"

"Condominium project" shall

mean the entire parcel of real

property divided or to be divided

primarily for residential purposes

into condominium units, including

all structures thereon.

Condominium Project

Presidential

Decree No. 957

HLURB Mandates Cooperative Housing

Regulatory Challenges

Page 7: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Condominium

Unit

Condominium Project

Presidential

Decree No. 957

HLURB Mandates

Republic Act No. 4726

"The Condominium Act"

Interest

in real

property

separate

interest

in a unit

undivided interest

in common,

in the (1) land (2)

common areas

Ownership

any other

interest in

real property

Cooperative Housing

Regulatory Challenges

Page 8: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Condominium Project

Presidential

Decree No. 957

HLURB Mandates

Condominium

Unit

part intended for

independent use

or ownership

one or more

rooms or spaces

located in one

or more floors

Condominium Project Subdivision Project

Cooperative Housing

Regulatory Challenges

Regulatory

Requirements

Regulatory

Requirements

Page 9: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Registration and

License to Sell

Price Ceiling

Design and

Standards

Regular Monitoring

Time of Completion

Regulatory

Requirements

Cooperative Housing

Regulatory Challenges

Administrative Fines

& Penalties

Batas Pambansa

Blg. 220

Batas Pambansa

Blg. 220

Design and

Standards

Page 10: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Congested, none or insufficient open

spaces and with irregularly-cut lots

Batas Pambansa

Blg. 220

Regulatory

Requirements

Sewerage and drainage

system according to sound

engineering design and

practice.

Access, right-of-ways, and

road circulation system;

Minimum lot sizes, frontages,

and setbacks, with proper

block layouts;

Required open spaces

and tree-planting scheme;

Cooperative Housing

Regulatory Challenges

Design and

Standards

Design and

Standards

Page 11: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Price Ceiling Design and

Standards

Batas Pambansa

Blg. 220

Regulatory

Requirements

Congested, none or insufficient open

spaces and with irregularly-cut lots

improper drainage and

sewerage system.

None or improper road circulation system;

access by individual right-of-way;

Cooperative Housing

Regulatory Challenges

Page 12: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Current Issues

and Concerns

Regulatory

Requirements

Batas Pambansa

Blg. 220

Price Ceiling

“within the affordability level of the average

and low-income earners which is thirty percent

(30%) of the gross family income as

determined by NEDA” “shall be jointly determined by HUDCC &

NEDA, but not more than once every two

years, to conform to prevailing economic

conditions”

HUDCC M.C. No. 01, s. of 2013

(December 18, 2013) P 450,000

R.A. No. 8763

Cooperative Housing

Regulatory Challenges

Page 13: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Average & Low-

Income Earners

Production

Cost

Poor and

Underprivileged

PRICE CEILING

AFFORDABILITY

GAP

Minimum Design

& Standards

Members

&

Beneficiaries

Current Issues

and Concerns

Cooperative Housing

Regulatory Challenges

AFFORDABILITY

AFFORDABILITY

GAP

Page 14: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

AFFORDABILITY

GAP

AFFORDABILITY

Current Issues

and Concerns

Cooperative Housing

Regulatory Challenges

AFFORDABILITY

GAP

Incentives and

Subsidies

Long-Term Financing;

Low –Interest Rates

Tax Exemptions &

Incentives

PRICE CEILING

AFFORDABILITY

Page 15: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

PRICE CEILING

AFFORDABILITY

Current Issues

and Concerns

Cooperative Housing

Regulatory Challenges

RESETTLEMENT & SLUM UPGRADING

AFFORDABILITY

AFFORDABILITY

GAP

Page 16: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

MORE HOUSES -

DECENT AND AFFORDABLE

Thank you and visit us at

www.hlurb.gov.ph RESETTLEMENT & SLUM UPGRADING

BALANCED HOUSING DEVELOPMENT

CMP & COOPERATIVE

HOUSING

PRICE CEILING

Current Issues

and Concerns

Cooperative Housing

Regulatory Challenges

AFFORDABILITY

AFFORDABILITY

Page 17: HLURB Mandates Cooperative Housing Regulatory …gwhs-stg01.i.gov.ph/.../Housing_Summit_HLURB_CDA_Presentation.pdf · HLURB Mandates “Sale” “shall include every disposition,

Thank you and visit us at

www.hlurb.gov.ph