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IDENTIFYING THE GOVERNMENT AGENCIES ESSENTIAL FOR THE NATIONAL SHELTER PROGRAM AND DEFINING THEIR MANDATESEXECUTIVE 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 DEVELOPING EFFICIENT RULES AND REGULATIONS FOR THE REAL ESTATE AND HOUSING INDUSTRY Chamber of Real Estate and Builders ’ Associations (CREBA) 24 th National Convention October 7 - 10, 2015 SMX Convention Center, Bacolod City

HOUSING AND LAND USE REGULATORY BOARDcreba.ph/pdf/HLURB.pdfBatas Pambansa Blg. 220 Republic Act No. 7279 Republic Act No. 9904 Batas Pambansa Blg. 220 Board Resolution No. 700 Series

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Text of HOUSING AND LAND USE REGULATORY BOARDcreba.ph/pdf/HLURB.pdfBatas Pambansa Blg. 220 Republic Act No....

  • “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

    DEVELOPING EFFICIENT RULES AND REGULATIONS

    FOR THE REAL ESTATE AND HOUSING INDUSTRY

    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”

    HOUSING AND LAND USE

    REGULATORY BOARD

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

    EXECUTIVE ORDER NO. 90

    [ December 17, 1986 ]

    Section 1 [C]

    HOUSING AND LAND USE

    REGULATORY BOARD

    “The sole regulatory body for

    housing and land development”

    Renaming the

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

    DEVELOPING EFFICIENT RULES AND REGULATIONS

    FOR THE REAL ESTATE AND HOUSING INDUSTRY

    RULE-MAKING

    MANDATES

    EXECUTIVE ORDER NO. 648

    [ February 7, 1981 ]

  • PRESIDENTIAL DECREE NO. 957

    [ July 12, 1976 ]

    THE SUBDIVISION AND CONDOMINIUM BUYERS’PROTECTIVE DECREE

    HOUSING AND LAND USE

    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]

    EXECUTIVE ORDER NO. 648

    [ February 7, 1981 ]

  • REPUBLIC ACT NO. 7279

    [ March 24, 1992 ]

    THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992 (UDHA)

    HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    MANDATES

    PRESIDENTIAL DECREE NO. 957

    [ 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

  • REPUBLIC ACT NO. 9904

    [ 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.

    HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    MANDATES

    REPUBLIC ACT NO. 7279

    [ 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

    EXECUTIVE ORDER NO. 648

    Promulgation of zoning and other land

    use control standards and guidelines

    HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    MANDATES

    REPUBLIC ACT NO. 9904

    [ 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

  • PRESIDENTIAL DECREE NO. 957

    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”

    EXECUTIVE ORDER NO. 648

    Promulgation of zoning and other land

    use control standards and guidelines

    EXECUTIVE ORDER NO. 648

    Promulgation of zoning and other land

    use control standards and guidelines

    HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    COVERAGE

    Volume 1

    “The Planning Process”

  • HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    COVERAGE

    PRESIDENTIAL DECREE NO. 957

    Regulation of the Real Estate Business

    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

    HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    COVERAGE

    PRESIDENTIAL DECREE NO. 957

    Regulation of the Real Estate Business

    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

  • HOUSING AND LAND USE

    REGULATORY BOARD

    NATIONAL LAWS

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220

    Republic Act No. 7279

    Republic Act No. 9904

    IMPLEMENTING RULES AND REGULATIONS

    Executive Order No. 648

    Series of 1981

    IMPLEMENTING GUIDELINES

    RULE-MAKING

    PROCESS

    BOARD RESOLUTIONS

    MEMORANDUM CIRCULARS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    PROCESS

    “QUALITY MANAGEMENT SYSTEM”

    CERTIFIED UNDER

    ISO 9001:2008

    BOARD RESOLUTIONS MEMORANDUM CIRCULARS

    MANCOM / RFO /

    STAKEHOLDERS

    TECHNICAL WORKING

    GROUP

  • HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    PROCESS

    BOARD RESOLUTIONS MEMORANDUM CIRCULARS

    MANCOM / RFO /

    STAKEHOLDERS

    TECHNICAL WORKING

    GROUP

    TECHNICAL WORKING

    GROUP

  • TECHNICAL WORKING

    GROUP

    HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    PROCESS

    BOARD RESOLUTIONS MEMORANDUM CIRCULARS

    REBAP

    PAREB

    PHILRES

    NREA

    SHDA

    OSHDP

    CREBA

    MANCOM / RFO /

    STAKEHOLDERS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    RULE-MAKING

    PROCESS

    BOARD RESOLUTIONS MEMORANDUM CIRCULARS

    MANCOM / RFO /

    STAKEHOLDERS

    REGULATORY

    ISSUANCES

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220

    Republic Act No. 7279

    Republic Act No. 9904

    IMPLEMENTING RULES

    AND REGULATIONS

    Board Resolution No. 871

    Series of 2011

    “2011 Revised Rules of

    Procedure of the HLURB”

    Executive Order No. 648

    Series of 1981

    Executive Order No. 648

    Series of 1981

    Executive Order No. 648

    Series of 1981

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Executive Order No. 648

    Series of 1981

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220

    Republic Act No. 7279

    Republic Act No. 9904

    Board Resolution No. 871

    Series of 2011

    “2011 Revised Rules of

    Procedure of the HLURB”

    Executive Order No. 648

    Series of 1981

    Executive Order No. 648

    Series of 1981

    IMPLEMENTING RULES

    AND REGULATIONS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220Republic Act No. 9904

    Board Resolution No. 890

    Series of 2012

    “Revised Implementing Rules

    and Regulations to Govern

    Section 18 of UDHA”

    Republic Act No. 7279

    Executive Order No. 648

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

    IMPLEMENTING RULES

    AND REGULATIONS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Executive Order No. 648

    Series of 1981

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220Republic Act No. 9904

    Republic Act No. 7279

    Board Resolution No. 890

    Series of 2012

    “Revised Implementing Rules

    and Regulations to Govern

    Section 18 of UDHA”

    Republic Act No. 7279Republic Act No. 7279

    IMPLEMENTING RULES

    AND REGULATIONS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220

    Republic Act No. 7279

    Board Resolution No. 877

    Series of 2011

    “Implementing Rules

    and Regulations

    of R.A. No. 9904”

    Republic Act No. 9904

    Republic Act No. 9904

    Republic Act No. 9904

    Executive Order No. 648

    Series of 1981

    IMPLEMENTING RULES

    AND REGULATIONS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Executive Order No. 648

    Series of 1981

    Presidential Decree

    No. 957

    Batas Pambansa Blg. 220

    Republic Act No. 9904

    Republic Act No. 7279

    Board Resolution No. 877

    Series of 2011

    “Implementing Rules

    and Regulations

    of R.A. No. 9904”

    Republic Act No. 9904Republic Act No. 9904

    IMPLEMENTING RULES

    AND REGULATIONS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Presidential Decree

    No. 957

    Republic Act No. 9904

    Republic Act No. 7279

    Board Resolution No. 700

    Series of 2001

    “Amending the Rules and

    Standards for Economic and

    Socialized Housing Projects

    to Implement B.P. 220”

    Batas Pambansa Blg. 220

    Batas Pambansa Blg. 220

    Batas Pambansa Blg. 220

    Executive Order No. 648

    Series of 1981

    IMPLEMENTING RULES

    AND REGULATIONS

  • HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    NATIONAL LAWS

    Executive Order No. 648

    Series of 1981

    Batas Pambansa Blg. 220

    Republic Act No. 7279

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

    Board Resolution No. 700

    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

    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

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    Section 19

    Advertisements

    Board Resolution No. 921

    Series of 2014

    PRESIDENTIAL DECREE NO. 957

    Sections 11 and 12

    Dealers, Brokers and

    Salesmen

    Board Resolution No. 922

    Series of 2014

    Section 20

    Time of Completion

    Board Resolution No. ___

    Series of 2015

    “Revised Implementing Rules

    and Regulations on Dealers,

    Brokers and Salesmen”

    “Revised Implementing Rules

    and Regulations on

    Time of Completion”

    “Revised Implementing Rules

    and Regulations on Advertisements”

    “Revised Implementing Rules and Regulations

    on Advertisements”

    MEMORANDUM CIRCULARS

  • MEMORANDUM CIRCULARS

    “Revised Implementing Rules and Regulations

    on Dealers, Brokers and Salesmen”

    MEMORANDUM CIRCULARS

    “Revised Implementing Rules and Regulations

    on Advertisements”

    Requirement that license to sell number be

    of the same font, size and resolution as the

    largest contact information

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    PRESIDENTIAL DECREE NO. 957

    “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

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    PRESIDENTIAL DECREE NO. 957

    MEMORANDUM CIRCULARS

    “Revised Implementing Rules and Regulations

    on Dealers, Brokers and Salesmen”

    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

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    PRESIDENTIAL DECREE NO. 957

    MEMORANDUM CIRCULARS

    “Revised Implementing Rules and Regulations

    on Dealers, Brokers and Salesmen”

    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”

  • Revised Implementing Rules

    and Regulations on Time of Completion

    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

    HOUSING AND LAND USE

    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

    Revised Implementing Rules

    and Regulations on Time of Completion

    HOUSING AND LAND USE

    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 ]

    Revised Implementing Rules

    and Regulations on Time of Completion

    HOUSING AND LAND USE

    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

    Revised Implementing Rules

    and Regulations on Time of Completion

    HOUSING AND LAND USE

    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

    Revised Implementing Rules

    and Regulations on Time of Completion

    HOUSING AND LAND USE

    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)

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    Proposed Rules and Policies

  • 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

    DEVELOPERS PROVIDING IN-HOUSE

    FINANCING AS CREDIT-GRANTING ENTITIES

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

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    Proposed Rules and Policies

  • 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

    DEVELOPERS PROVIDING IN-HOUSE

    FINANCING AS CREDIT-GRANTING ENTITIES

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

    HOUSING AND LAND USE

    REGULATORY BOARD

    REGULATORY

    ISSUANCES

    Proposed Rules and Policies

    Thank you and visit us at

    www.hlurb.gov.ph

    09176273784

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