HOUSING AND LAND USE REGULATORY BOARD

(SALIENT POINTS: LAWS ENFORCED BY HLURB)

LAWS ENFORCED BY HLURB

Executive Order No. 90Designated key government agencies and

created the Housing and Urban Development Coordinating Council (HUDCC) which is involved in the implementation of the National Shelter Program and also designated HLURB as the sole regulatory body for housing and land development

Executive Order No. 648 (Series of 1981)-Vest the HLURB with quasi-judicial powers

to make It an effective regulatory body which will enforce various mandates and assumed the functions for National Housing Authority to implement and enforce, among others, PD 957, PD 1216 and PD 1517

PD 957Subdivision and Condominium Buyer’s

Protective Act. – Regulates the sale of subdivision lots and condominium units to buyers

PD 1517Protection of Legitimate Tenants and

Clearance for Development Proposals and Land Transactions in Proclaimed Areas for Priority Development (APD) and Urban Land Reform Zones (ULPZ)

BP 220 (Batas Pambansa) – Authorizes the HLURB

to promulgate standards for socialized housing program

PD 1216Defines open space in residential

subdivision in compliance with the requirement of PD 957 for owners/developers to allocate 30% of the gross area roads, alleys, sidewalks, parks and recreational spacesUpon their completion, the roads, alleys, sidewalks and playgrounds shall be donated by the owner or developer to the city or municipality and it shall be mandatory for the LGU to accept it. The parks and playground may also be donated to the Homeowners Association of the project with the consent of LGU. No portion of the parks and playground donated shall be converted to any other purpose.

RA 7160(The Local Government Code of 1991) –

Devolves the issuance of approval of subdivision plans to local government units (LGU’s) together with the implementation of national rules and standards

RA 7279The urban Development and housing Act

(UDHA) – Provides for a Balanced Housing Program by requiring owners and developers of main subdivision projects to provide for a separate socialized housing project for the underprivileged and homeless, equivalent to 20% of the area or cost of the main subdivision project

RA 6552The Realty Installment Buyer Protection Act

(The MACEDA LAW) – Enumerates the rights of a buyer of a real estate who has paid at least two years installments, in case of default on succeeding installments

E.O No. 71Defines the role of HLURB regarding the

devolution of approval of subdivision plans to the LGU’s. The HLURB will provide the guidelines and standards

E.O No. 72 (1993)Devolves to the Sangguniang Panlalawigan the

approval of comprehensive land use plans, subject to national standards and guidelinesDevolves the issuance of location clearance to projects of local significance, provided, that its comprehensive land use plan was previously approved by the HLURB

RA 7899 (1995)Amends Sec. 4 and 16 of RA 4726 of the

Condominium Act where HLURB is given the following authoritiesApproval of any amendment to or revocation of the enabling of Master Deed of a condominium project to the consent by a simple majority of all registered owners

Approval of the expansion of a condominium corporate or integration of a condominium project with another project upon the affirmative vote of a simple majority of registered owners

RA 6657(1988 The Comprehensive Agrarian Reform Law)

RA 9700 (August 7, 2009)Also known as CARPer; extending the

Comprehensive Agrarian Reform Program to June 30, 2014P.D 1586 (1978)

Requires all person, partnership or corporation to secure an Environmental Certificate prior to undertaking any activity.

Proclamation No. 2146 (1981)Proclaimed certain areas and types of

projects as environmentally critical and within the scope of requirements of PD 1586

RA 9904 Magna Carta for Homeowners’ Association

Every association of homeowners shall be required to register with HLURB

HLURB Resolutions

R-830 dated November 28, 2008 – minimum level of Development Requirement in the issuance of License to Sell for Subdivision and Condominium Projects

For Subdivision- land clearing and grubbing, road racing, earthworks, sub-base and base preparation and entrance gate

For Condominium Projects – civil and structural works of foundation to include excavation, pile driving, steel reinforcement and formworks

R-816 dated January 17, 2008 - approving the amendment on the participate of Developer in CMP as Mode od Compliance to Sec. 18 of RA 7279 (UDHA); participate in the CMP as Financier, Developer, Landowner

R-811 dated November 12 2007 – Restoring Res # r-656m Limiting Joint Projects as Mode of Compliance to Balanced Housing Development Provision of RA 7279 to those entered into by and between Developer and LGU or any Housing Agencies

R-808 dated September 20, 2007 – amending the Rules and Regulations to govern advertising approval

Contents of advertising to include:-Exact location of the project-License to Sell Number and date issued-Project Completion date per approved work program-Maximum selling price in case of Economic and Socialized Housing-Pictures and illustrations shall be properly captioned

R-748 dated October 20, 2003 – HLURB shall no longer require a

precondition for issuance of Certificate of Registration and License to Sell a DAR Conversion Order in case where the property involved is located in an area already classified as residential, commercial, industrial or other similar development purpose as provided in CLUP approved pursuant to EO 72, series of 1993

R-750 dated November 28,2003 – HLURB no longer require DAR Conversion clearance as a precondition for issuance of Certificate of Registration and License to sell for Farm Lot Subdivision project.

R-772 dated January 27, 2005 – approving the accreditation of PAG-IBIG

housing Bonds as an alternative investment of subdivision owner/developer in compliance to the twenty percent (20%) Socialized Housing Development requirement under Sec. 18 of RA 7279 (UDHA)

R-777 – accrediting Socialized Condominium Projects as a mode of compliance to the twenty percent (20%) Socialized Housing Development requirement under Sec. 18 RA 7279R-871 Series of 2011 – promulgating the revised Rules and Procedures of the housing and Land Use Regulatory Board (re: filing of complaints, hearings, decisions, appeals)

Memo Circular No. 27 series of 2006 - Reiteration of Sec. 32 of the revised IRR for

PD 957; the broker or salesman who negotiated the sale of subdivision lot or condominium unit shall act as one of the witnesses to the sales document with an indication of his Certificate of Registration Number (HLURB) and renewed date. If the sale was made directly by the owner or dealer, that act must be so stated in the sales documents

Memo Circular No. 29 dated July19, 2005 – amended Supplement Rules and Regulations

on Tree Planting which requires that the number of trees to be planted shall be at the ratio of one (1) tree per saleable lot

Memo Circular No. 54 – prescribing guidelines of Sec. 20 RA 7160,

authorizing cities/municipalities to Reclassify Lands into Non-Agricultural Uses

R-681 series of September 21, 2000 - as amended by R-702 series of 2002 and

R-747 series of 2003 – rules and regulations for Memorial Park/Cemetery

DEVOLVED FUNCTIONS OF HLURB TO LGU’s1. Preliminary Approval and Location Clearance (PALC) 2. Final Approval /Development Permit (AP) 3. Approval of Plan Alternation 4. Individual/Group Permit 5. Certificate of Occupancy

RETAINED FUNCTIONS OF HLURBProcessing application for…1. Certificate of Registration and License to Sell2. Approval of Condominium Plan3. Mortgage Clearance4. Advertisement Approval5. Reduction or Cancellation of Performance Bond6. Issuance of Certificate of Completion  

DEVELOPMENT OF MEMORIAL PARKS, CEMETERIES AND COLUMBARY

PROJECTS(Source: HLURB)

R-681 series of September 21, 2000 as amended by R-702 series of 2002 and R- 747 series of 2003 – rules and regulations for Memorial park/Cemetery Basic Design and Standards-must conform with land use plan or zoning ordinance of locality-must be in accordance with the National Building Code Site Criteria-shall be located in the periphery of the town center or in area sparsely inhabited and where little hazard to human life or health could result

-undue proliferation of memorial parks./cemeteries in any municipality/city shall not be allowed

-number of cemeteries/memorial parks in a city/municipality shall be based on the needs or death rate in the locality

Location-for areas with approved comprehensive Land Use Plan (CLUP) or zoning ordinance cemeteries/memorial park shall be located in areas zoned as cemetery

-in the absence of CLUP

1. Areas zoned as open space and not within Strategic Agricultural and Fisheries Development Zones (SAFDZ) as certified by the Department of Agriculture (DA)

2. Areas zoned as agricultural, provided that the site is not tenanted and not covered by operation land transfer and not considered prime agricultural land, covered by the National Irrigation Administration (NIA)

3. In an area adjacent to existing cemetery/memorial park

4. In an area where the dominant land use within one hundred (100) meters from the periphery of the proposed memorial park/cemetery is neither residential, commercial, industrial nor institutional

5. In an area deemed by the Board as appropriate

and in accordance with the principles of Planned Unit Development (PUD)

PUD is defined as one concept of real estate development and/or land development scheme which aims to optimize the use of land through adaptive/innovative site layout, provisions of generous open space and complementarities of uses/activities

Physical SuitabilityThe memorial park/cemetery must be

located on ground where the water table is not higher than 4/50 meters below the ground surface as certified by the National Water Resources Board (NWRB) and shall not be allowed in environmentally critical areas as defined in Proclamation No. 2146

Accessibility- Served by a road with a minimum with of no less than 8.0m

- The road right-of-way must be increased as project size increase

-All relevant provisions of BP Blg. 344 e.g dropped curves, cut-outs, etc. shall be observed

Design and Planning Considerations- Flexibility in design and orderly lay-out

Land Allocation- There shall be no fixed ration for saleable area, provided that the required areas for roads, pathways parking and other facilities and amenities are reserved

- At least 50% of the saleable area shall be utilized for the underground interment in order to retain park like character of the project

Steps/Requirements for the Development of Memorial Park/Cemeteries

-Generally the same as Subdivision Development

-Approval of the preliminary memorial/cemetery plan shall be valid only for a period of 180 days from date of approval. A revalidation can be availed of only once after said period

Registration and Licensing of Memorial Park/Cemetery Projects for the Lease/Sale of the Plots

-When the proponent has at least accomplished 20% of the total development and is interested in the perpetual lease/sale of plots in a memorial park/cemetery project, he shall register the project with the HLURB

-The HLURB at the expense of the applicant shall cause the publication of the registration statement for the lease/sale of the project in two newspapers of general circulation (one in English and another in Filipino, upon finding that the project may be registered in accordance with the rules)

-No owner or dealer shall lease/sell any disposable plot in the registered project without a license to lease/sell issued by the HLURB. Upon proper of the prescribed license fee, the HLURB shall issue the license to lease/sell the plots in the project

Performance BondThe performance bond required for the issuance of the license to sell may be in any of the ff. forms:

-A surety bond amounting to 20% of the development cost of the unfinished portion of the approved plan issued by duly accredited bonding company

-Real Estate mortgage to be executed by the applicant as the mortgagor in favour of the Republic of the Philippines as mortgagee over a property other than that subject of the application, provided that the value of the property shall be at least 20% of the unfinished portion of the approved plan.

-Cash bond equivalent to 50% of the development cost of the unfinished portion of the approved plan.

RULES AND REGULATION TO GOVERN COLUMBARY RPOJECTS

Location: -Shall conform with the provision of the

CLUP and Zoning Ordinance in the locality-In the absence of CLUP

1. Institutional zone particularly in areas designed for religious structure such as Church, seminary, convents and other places of worship or congregation areas

2. Commercial zone3. Areas within the premises of religious

structures owned by religious congregation 

Designed Parameters

1. Design and Dimension of Niche/Vault1.a the dimension of the niche/vault

must be able to house an urn or receptacle designed to hold at least 200 cubic inches of cremated human remains. For ossuary niche, such shall have a dimension that can accommodate receptacle for bone remains.

1.b A minimum of 2.0m passageway shall be provided between interment structures if proposed to be in grid design

1.c ladder facility shall be provided for interment and urn retrieval purposes

1.d Material and Construction Requirements

All structural framework for the niches/vaults shall be of cast-in-place reinforced concrete, or of structural steel sections, or of concrete over metal decking or of such other non-porous materials, provided however, that the construction of all footings, bearing walls, floor slabs, and roofs shall be consistent with the construction requirement of the National Building Code.

Water proofing shall be required for niches constructed along a perimeter wall or garden wall.

2. ParkingParking shall be provided at a ratio of 1:50

vaults of 100 parking slots whichever is lower

3. EasementA 5 meter non-buildable buffer shall be

observed for projects to be located in commercial zone/area adjoining residential area

4. Prayer RoomA Prayer room shall be provided with a

minimum area of 50 sq.m

5. Comfort RoomsEvery Floor shall be provided with a

minimum of 2 comfort rooms: 1 for male with 2 urinals, 1 water closet and 2 lavatories and 1 for female with 3 water closets and 2 lavatories.

6. Elevators and EscalatorsElevators shall be provided for projects

five (5) storey and above.For projects provided with escalators, the angle of inclination of an escalator shall not exceed 30 degrees for the horizontal. The width between balustrades shall not be less than 560 millimetres nor more than 1.20 meters as provide in the National Building Code.

7. Light and Ventilation-In accordance with the National Building

Code

APPROVAL OF COLUMBARIUM PLAN Documentary and other Requirements

A. Preliminary Approval

- Generally, the same as subdivision projects- Approval of the preliminary columbarium development plan will be valid for a period of 180 days from the date of approval

 

B. For Final Columbarium Development Plan Approved

-Refer to HLURB website for application and list of requirements

- The Columbarium Plan shall be approved and a Development Permit shall be issued if the project is in conformance with the Rules of HLURB, and upon payment of the prescribed processing fee

-A Development Permit shall be valid for a period of 3 years from date of issuance unless no physical development is introduced

-Issuance of Development Permit does not exempt the developers from securing permits and clearance from other agencies pursuant to existing laws such as Building Permit from the City/municipality

Application for Certificate of Registration and License to Sell

1. Sworn registration statement2. Perpetual Care Maintenance Fund Indicating the source of funds and person/entity responsible for the management of fund3. A copy of any circular, prospectus, brochure, advertisement or communications used or to be used for public offering of subject project and for circulation upon approval by the Board (HLURB)

4. Sample of Contract to Sell5.Sample of Deed of Donation with onerous cause complying woth formal requirements of donation of real property, I applicable6. Certificate of Ownership/Perpetual Privilege to use7. Plan delineating columbarium niche/vault subject of sale8. Operational Procedure9. Deed of Restrictions10. Building Permit11. Performance Bond

Performance BondIn any of the ff. forms:

1. A surety bond amounting to 20% of the development cost of the unfinished portion of the approved plan issued by duly accredited bonding

2. Real Estate Mortgage to be executed by the applicant as mortgagor in favour of the Republic of the Philippines as Mortgagee, the latter as represented and acting through HLURB, over a property other that the subject property

3. Cash Bond equivalent to 10% of the development cost of the unfinished portion of the approved plan which maybe in the ff.

i. Fiduciary deposit made with cashier of the Board

ii. Certificate of Guarantee Deposit in favour of the Boardiii. A Letter of Guarantee from the bankiv. Any irrevocable credit line

License to Sell-No owner or dealer shall sell any

disposable vault/niche in the registered columbarian project w/o a license to sell issued by the Board

-Upon a finding that the application complies with all the requirements, the Board shall issue a license to sell

 

NOTE: Upon proper application, a project may be exempted from securing license to sell if the same is established as an ancillary use.