housing and land use regulatory boardcreba.ph/pdf/hlurb.pdfbatas pambansa blg. 220 republic act no....
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“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