HLURB

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RESEARCH

ASSIGNMENT

HLURB
GUIDELINES

JOHN PAUL C. RAMOS


HOUSING BSARCH 51A1
BRIEF HISTORY
1976
The narrative of the Human Settlements Adjudication Commission (HSAC) can be traced
back to 1976 when President Ferdinand E. Marcos, by virtue of Presidential Decree No.
933, created the Human Settlements Commission (HSC) to develop and modernize
communities and optimize land use as a resource for public welfare. HSC also acted as an
appellate body in case of conflicting decisions and actions arising from the exercise of the
physical planning functions or the regional and/or local planning agencies.
1978
On 02 June 1978, Presidential Decree No. 1396 was enacted creating the Ministry of
Human Settlements with a goal to provide every community with basic needs and
resources as well as manage urban development, and promote innovative land and
community development. Under the same law, the HSC was renamed Human
Settlements Regulatory Commission (HSRC), and became the regulatory arm of the
Ministry.
1981
In order to strengthen HSRC, on 07 February 1981, Executive Order No. 648 was
promulgated, reorganizing HSRC and granting it powers and attributes of a quasi-judicial
body that has jurisdiction over appeals on decisions and actions of its deputized officials
and local and regional planning and zoning bodies. It also assumed the regulatory
functions of the National Housing Authority in its implementation of Presidential
Decree No. 957 and other related laws.
1986
With the approval of the government’s national shelter program in 1986, President
Corazon C. Aquino issued Executive Order No. 90 abolishing the Ministry of Human
Settlements and created the Housing and Urban Development Coordinating Council
(HUDCC) for policy making and coordination of activities of the agencies in housing. The
EO also defined the mandates of HSRC making it one of the key shelter agencies of the
program and renamed it Housing and Land Use Regulatory Board (HLURB)
From 1986 to 2010, HLURB served as the sole regulatory body for housing and land
development and faithfully performed its adjudicatory functions involving housing and
urban developments and land use. On 07 January 2010, President Gloria Macapagal-
Arroyo enacted Republic Act No. 9904 to help protect homeowners’ rights and
complement various services of local government units, and conferred HLURB
jurisdiction over the cases involving homeowners associations.
2019 – PRESENT
On 14 February 2019, President Rodrigo R. Duterte signed Republic Act No. 11201,
creating the Department of Human Settlements and Urban Development (DHSUD).
Section 12 of the Act reconstituted the HLURB as the Human Settlements Adjudication
Commission (HSAC), which is now a purely quasi-judicial agency. It is attached to the
DHSUD for policy, planning, and program coordination only.

Today, HSAC adjudicates disputes involving real estate development, homeowners


association, implementation of Section 18 of Republic Act No. 7279, as amended, and its
Implementing Rules and Regulations, and those involving laws and regulations being
implemented by the Department except those cases falling within the jurisdiction of
other judicial or quasi-judicial body.

The Commission exercises exclusive appellate jurisdiction over all cases decided by the
Regional Adjudicators and appeals from decisions of local and regional planning and
zoning bodies.
STRATEGIC
OBJECTIVES
No. 01 — Mandate
The Housing and Land Use Regulatory Board (HLURB) is the government’s
regulatory body for housing and land development. It renders planning
assistance and promulgates standards and rules for land use planning,
zoning, and land development.

No. 02 — Vision
An institution of professionals exemplifying public service with
responsibility, integrity, competence and justice geared towards the
attainment of well-planned and sustainable communities through the
regulation of land use, housing development and homeowners associations,
and the just resolution of disputes.

No. 03 — Mission
To promulgate and enforce policies on land use, housing and homeowners
associations which promote inclusive growth and economic advancement,
social justice and environmental protection for the equitable distribution and
enjoyment of development benefits.

No. 04 — Sector Outcome


Access to affordable, adequate, safe and secure shelter in well-planned
communities expanded

No. 05 — Organizational Outcome


Access to affordable, adequate, safe and secure shelter in well-planned
communities expanded
STRATEGIC
OBJECTIVES
PD 902-A (3/11/76)
REOG. OF SEC. (Placing SEC under Office of the
President;
Aditional Power: Regt'n of HOA)

EO 535 (5/3/79)
Rename Home Finance Commission to Home Finance Corp.
Additional Power: transfer the power, Authorities &
responsibilities of SEC with respect to registration and
regulation of hoa

RA 8763 Sect. 26 (3/7/2000)


Creation of HGC ACT 2000
TRANSFERRED TO HLURB
THE POWERS, AUTHORITIES & RESPONSIBILITIES ON HOA
HLURB
PROGRAMS

No. 01 — Town Planning and


Zoning(TPZ)

No. 02 — Real Estate


Management
(REM)

No. 03 — Homeowner
Association
(HOA)

HOA

Registration Monitoring/Supervision Adjudication


HLURB MANDATES
BUDGET
STRUCTURE
SERVICES
BUYERS

HLURB provides assistance to home buyers by providing a list of important reminders to


consider when deciding to buy a property.
Before a purchase, buyers are encouraged to request for the necessary certifications,
namely the Certificate of Registration and License to Sell, requirements of which is dictated
by the HLURB.

Right to a Clean Title

The buyer has the right to a clean title of the purchased property upon full payment. The
owner or developer of a mortgaged property is directed to be redeemed within six months
from full payment. The right is directly stated in Section 25 of Presidential Decree no. 957
(PD 957). The buyer shoulders only the registration fee for the deed of sale in the Registry
of Deeds. In Section 26 of the same decree, realty taxes are levied upon the buyer if he/she
has possessed and occupied the property prior to transfer of title under his/her name.

Non-forfeiture of Payments

There are instances when a project does not come out as agreed on the approved plan and
does not comply within the given timeframe. In this case, the buyer has the right to
suspend payment upon notification to the owner or developer that he/she will do so. This
is stated in Section 23 of PD 957. Furthermore, buyer can opt to demand a full refund of the
total payments made with legal interest.

Failure to Pay Installments

A buyer who falls short of the agreed installments may invoke his/her rights under
Republic Act no. 6552 of the Realty Installment Buyer Protection Act. It is also provided
under Section 24 of PD 957.
Violations of provisions stated in PD 957 warrant administrative and criminal penalties.
HLURB takes over as a quasi-judicial entity to assess the administrative aspect of the case
while the criminal sanctions are filed at the fiscal’s office.
DEVELOPERS

HLURB offers owners and project developers processing services for the Approval of
Condominium Plan which covers the Development Permit, Conversion Plan and
Alteration Plan. It is also the primary proponent in the issuance of the Certificate of
Registration (CR) and License to Sell (LS) Subdivision/Condominium Projects and Other
Real Estate Projects.
The commission supervises the activities of developers via a set of responsibilities and
obligations. The developers shall ensure that the following are taken care of:
Completion of the project with the approved development plan not later than indicated
target date
Maintenance of common facilities until turnover to buyer (pursuant to Presidential
Decree no. 1216 or PD 1216)
Registration of documents related to the sale with the Registry of Deeds within 180
days
Delivery of the clean title to fully paid buyers
Issuance of clearance prior to any mortgage, alteration, advertisement or change of
ownership
Payment of real estate tax on the property until the year the title is transferred or the
property is already in possession of the buyer
Non-forfeiture of payments on ground of incomplete or non-development
Submission of reports showing the development of the project and changes in
corporation within 60 days after each semester
Observation of prescribed maximum pricing for BP 220 projects
Display of registration certificate and license in all offices
Promotion of the organization of homeowners association
Non-imposition of any fees, with alleged community benefit, upon the buyers
Guarantee of the development of Socialized Housing Project in compliance with Section
18, Republic Act 7279

Note on Banks and Other Financial Institutions

Developmental loans or loans in which the property is made collateral, requires clearance
from HLURB as stated in Section 18 of PD 9657. Approval requires that the proceeds of the
mortgage shall be used for the development of the project and measures have been made to
ensure its use. Buyers of mortgaged units have the option to pay installments for
purchased units directly to the mortgagee (developer). The latter applying the payments to
the particular lot as loan payment so that title can promptly be turned over to the buyer
once fully paid.
Executive Order no. 45, signed by Pres. Gloria Arroyo in October 4, 2001, lists the rules and
regulations for the approval of housing permits. The EO also provides a specific timeframe
for government agencies to accomplish such documents as well as options for developers
when the agencies fail to do so.
DEVELOPERS

HLURB offers owners and project developers processing services for the Approval of
Condominium Plan which covers the Development Permit, Conversion Plan and
Alteration Plan. It is also the primary proponent in the issuance of the Certificate of
Registration (CR) and License to Sell (LS) Subdivision/Condominium Projects and Other
Real Estate Projects.
The commission supervises the activities of developers via a set of responsibilities and
obligations. The developers shall ensure that the following are taken care of:
Completion of the project with the approved development plan not later than indicated
target date
Maintenance of common facilities until turnover to buyer (pursuant to Presidential
Decree no. 1216 or PD 1216)
Registration of documents related to the sale with the Registry of Deeds within 180
days
Delivery of the clean title to fully paid buyers
Issuance of clearance prior to any mortgage, alteration, advertisement or change of
ownership
Payment of real estate tax on the property until the year the title is transferred or the
property is already in possession of the buyer
Non-forfeiture of payments on ground of incomplete or non-development
Submission of reports showing the development of the project and changes in
corporation within 60 days after each semester
Observation of prescribed maximum pricing for BP 220 projects
Display of registration certificate and license in all offices
Promotion of the organization of homeowners association
Non-imposition of any fees, with alleged community benefit, upon the buyers
Guarantee of the development of Socialized Housing Project in compliance with Section
18, Republic Act 7279

Note on Banks and Other Financial Institutions

Developmental loans or loans in which the property is made collateral, requires clearance
from HLURB as stated in Section 18 of PD 9657. Approval requires that the proceeds of the
mortgage shall be used for the development of the project and measures have been made to
ensure its use. Buyers of mortgaged units have the option to pay installments for
purchased units directly to the mortgagee (developer). The latter applying the payments to
the particular lot as loan payment so that title can promptly be turned over to the buyer
once fully paid.
Executive Order no. 45, signed by Pres. Gloria Arroyo in October 4, 2001, lists the rules and
regulations for the approval of housing permits. The EO also provides a specific timeframe
for government agencies to accomplish such documents as well as options for developers
when the agencies fail to do so.

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