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Recently-Issued Rules and Guidelines
THE 2015 REVISED RULES ANDGUIDELINES ON TIME OF COMPLETION
SUBDIVISION AND HOUSING DEVELOPERS ASSOCIATION (SHDA) 2016 1st Business Meeting February 10, 2016 Metro Club, Makati City, Metro Manila
By: Atty. Antonio M. BernardoChief Executive Officer and
Commissioner
PURCHASE OF ASSET-BACKED SECURITIES ISSUED BY THE NHMFC AS MODE OF COMPLIANCE WITH SECTION
18 OF REPUBLIC ACT NO. 7279
B.R. No. 929 S. of 2015(December 1, 2015)
PROVISIONAL ACCREDITATION OFSOCIALIZED HOUSING DEVELOPERS
M.C. No. 10, S. of 2015 (October 23,2015)
Dispenses with the requirement of 500 housing units built for accreditation` Requires only the submission of development permit and joint-venture agreement between the main subdivision and socialized housing developers
Recently-Issued Rules and Guidelines
PURCHASE OF ASSET-BACKED SECURITIES ISSUED BY THE NHMFC AS MODE OF COMPLIANCE WITH SECTION
18 OF REPUBLIC ACT NO. 7279
B.R. No. 929 S. of 2015(December 1, 2015)
NHMFC will securitize and issue asset- backed securities from existing buyers’ loans with accredited socialized housing developers` Purchase of the asset-backed securities by developers of main subdivision project shall be allowed as developers’ compliance with Section 18 of UDHA
Recently-Issued Rules and Guidelines
B.R. No. 932 S. of 2015(January 28, 2015)
SUSPENDING THE REQUIREMENT OF PRIOR APPROVAL FOR ADVERTISEMENTS TO BE PUBLISHED IN
PERIODICALS
DEVELOPERS’ PARTICIPATION IN LAND DEVELOPMENT AND HOUSING CONSTRUCTION IN CMP PROJECTS AS
MODE OF COMPLIANCE WITH SECTION 18 OF REPUBLIC ACT NO. 7279
B.R. No. 933 S. of 2015(January 28, 2015)B.R. No. 932 S. of 2015
(January 28, 2015)
Temporary suspension for a period of six months of the requirement of prior approval of project advertisements to be published in newspapers, tabloids and magazines` Suspension of prior approval does not exempt any owner, developer, dealer, broker or salesperson who may have caused the dissemination of prohibited advertisements from imposition of fines and penalties
Recently-Issued Rules and Guidelines
SUSPENDING THE REQUIREMENT OF PRIOR APPROVAL FOR ADVERTISEMENTS TO BE PUBLISHED IN
PERIODICALS
DISPENSING WITH THE SUBMISSION OF UNDERTAKING IN POSTING CASH BOND
M.C. No. 1, Series of 2016 (February 1, 2015)
B.R. No. 933 S. of 2015(January 28, 2015)
Developers may participate in land development and housing construction in community mortgage program projects
` The cost of such participation shall be the allowed as the developers’ compliance with Section 18 of the UDHA
Recently-Issued Rules and Guidelines
DEVELOPERS’ PARTICIPATION IN LAND DEVELOPMENT AND HOUSING CONSTRUCTION IN CMP PROJECTS AS
MODE OF COMPLIANCE WITH SECTION 18 OF REPUBLIC ACT NO. 7279
Recently-Issued Rules and Guidelines Rules and Guidelines Under Study and Consideration
DISPENSING WITH THE SUBMISSION OF UNDERTAKING IN POSTING CASH BOND
M.C. No. 1, Series of 2016 (February 1, 2015)
Dealers, brokers and salespersons registering or renewing their registration may post cash bond in lieu of surety bond
` Submission of undertaking under oath as required under M.C. No. 02-A, S. of 2015 is dispensed with to further expedite registration and renewal process
PERFORMANCE BOND (Section 6, PD 957)
Upon notice, buyer may desist payment upon failure of the owner/developer to develop the project according to the approved plans and
within the period fixed by HLURB
Buyer may opt to be reimbursed the totalamount paid including amortization interests
but excluding delinquency interests, withinterest thereon at the legal rate
NON-FORFEITURE OF PAYMENTS (Section 23, PD 957)
Rules and Guidelines Under Study and Consideration
In such a case, payments made by thebuyer shall not be forefeited in favor of
the owner or developer
REMOVAL OF THE TEMPORARY LICENSE TO SELL (Section 5, PD 957)
NON-FORFEITURE OF PAYMENTS (Section 23, PD 957)
PERFORMANCE BOND (Section 6, PD 957)
Current required bond is only 20% ofremaining cost of completion
Insufficient to complete the project in caseof non-development or abandonment
Rules and Guidelines Under Study and Consideration
Completion and delivery is delayed due to non-development pending issuance of building permit
non-compliance by the developers withthe required escrow deposit
Non-submission of required sales reports
Building permit may bedenied by the local government
Rules and Guidelines Under Study and Consideration
REMOVAL OF THE TEMPORARY LICENSE TO SELL (Section 5, PD 957)
COMPLIANCE WITH BSP CIRCULAR NO. 755 (2012) Developers as Credit-Granting Entities
Every owner or developer shall construct andprovide the facilities, infrastructures and other forms
of development, including water supply and lightingfacilities, which are offered and indicated in the
approved subdivision or condominium plans,brochures, prospectus, printed matters, letters or in any form of advertisement, within one (1) yearfrom the date of the issuance of license to sell for
the subdivision or condominium project or such otherperiod of time as may be fixed by the [Authority].
Real estate developers who, in the course oftheir business, extend credit through installment
or deferred payment sale shall be deemedas “Credit-Granting Entities” (CGEs)
Registration of CGEs’ lending or financing activity with the BSP to ensure compliance
with the Truth in Lending Act
Requirement and format of disclosure, including manner of computing of interest
TIME OF COMPLETION
COMPLIANCE WITH BSP CIRCULAR NO. 755 (2012) Developers as Credit-Granting Entities
TIME OF COMPLETION Rules and Guidelines Under Study and Consideration
P.D. No. 957Section 20. Time of Completion
Every owner or developer shall construct andprovide the facilities, infrastructures and other forms
of development, including water supply and lightingfacilities, which are offered and indicated in the
approved subdivision or condominium plans,brochures, prospectus, printed matters, letters or in any form of advertisement, within one (1) yearfrom the date of the issuance of license to sell for
the subdivision or condominium project or such otherperiod of time as may be fixed by the [Authority].
REVISED IMPLEMENTING RULES AND REGULATIONS TO GOVERNTHE TIME OF COMPLETION OF SUBDIVISION AND CONDOMINIUM PROJECTS UNDER PRESIDENTIAL DECREE NO. 957, OTHERWISE KNOWN AS “THE SUBDIVISION AND CONDOMINIUM BUYERS’ PROTECTIVE DECREE” AND ALL OTHER PROJECTS REQUIRED
BY LAW TO BE REGISTERED WITH THE HOUSING ANDLAND USE REGULATORY BOARD
BOARD RESOLUTION NO. 926SERIES OF 2015
Main Features of the Revised Rules
Approved on October 1, 2015Published on January 30, 2016Effective on February 14, 2016
TIME OF COMPLETION
Current Issues and Concernson Time of Completion
P.D. No. 957Section 20. Time of Completion
No uniformity in fixing theproject’s period of completion
Extensions of time granted as amatter of course because of the
practice of fixing the time ofcompletion on an annual basis
Developers invoke the grant of ETD against buyers to be exempt from
liabilities under Sec. 23 of P.D. No. 957
GUIDELINES ON BOARD RESOLUTION NO. 926, SERIES OF 2015 OR THE REVISED IMPLEMENTING RULES AND REGULATIONS TO
GOVERN THE TIME OF COMPLETION OF SUBDIVISION AND CONDOMINIUM PROJECTS UNDER PRESIDENTIAL DECREE NO.
957, OTHERWISE KNOWN AS “THE SUBDIVISION AND CONDOMINIUM BUYERS’ PROTECTIVE DECREE” AND ALLOTHER PROJECTS REQUIRED BY LAW TO BE REGISTEREDWITH THE HOUSING AND LAND USE REGULATORY BOARD
MEMORANDUM CIRCULAR NO. 02SERIES OF 2016
Effective on February 15, 2016
Scope of Application
Requirement to secure Certificateof Completion for Land Development
(COCLD) and optional issuance of Certificate of Completion for Housing
Component (COCHC)
Additional period to complete theproject may only be granted in
meritorious or exceptional cases
Unbundling of the periods of completion for land development and completionand delivery of housing component
Period of completion for land development based on submitted
program of development
Date of completion and delivery ofhousing unit purchased based on
contract to sell or purchase agreement
TIME OF COMPLETION
Main Features of the Revised Rules
2015 Rules and Guidelineson Time of Completion
2015 Rules and Guidelineson Time of Completion
General Rulesand Guidelines
Duty To Complete The ProjectWithin The Fixed Period of Completion
The period of time fixed by the HLURB withinwhich the owner or developer shall develop and
complete the project, including the construction and provision of facilities, improvements and other forms of
development, including water supply and electrical facility.
Time of Completion
DefinitionScope of Application
General Rulesand Guidelines
All subdivisions, including residential, commercial, farmlot, and industrial subdivisions
SUBDIVISION PROJECTS
All condominiums, including residentialand commercial condominiums
CONDOMINIUM PROJECTS
Any other similar projects, includingcemeteries, memorial parks, and columbaria
SIMILAR PROJECTS
2015 Rules and Guidelineson Time of Completion
No extension or additional period of time may be granted to develop and complete the project unless such failure or
inability of the owner or developer to complete the project is due to justifiable grounds as provided under the new rules
and guidelines.
Period of CompletionBased on Work Program
Restrictive Grant of Additional TimeTo Develop The Project
The work program or program of development submitted for approval by the owner or developer upon application for the
project’s Certificate of Registration and License to Sell (CR/LS) shall primarily be the basis for fixing the period of
completion of the project.
Within one year from the date of the issuanceof the license for the project or such other period of
time as may be fixed by HLURB, every owner ordeveloper shall construct and provide the facilities, improvements, infrastructures and other forms of
development, including water supply and electrical facilities, which are offered and indicated in the
approved project plans, brochures, prospectus,printed matters, letters or any form of advertisement
Duty To Complete The ProjectWithin The Fixed Period of Completion
General Rulesand Guidelines
2015 Rules and Guidelineson Time of Completion
There shall be a separate period of completionfor land development and house constructionand delivery in case of residential subdivision
projects with house and lot package
Upon issuance of the development permit or CR/LSof the project, the HLURB, in the exercise of its visitorial
power, on its own initiative or uponverified complaint, may monitor the development
and completion of a project and imposeappropriate sanctions, fines and penalties in
case of violation or non-compliance therewith
MonitoringUnbundling of Periods of CompletionRestrictive Grant of Additional Time
To Develop The Project
No extension or additional period of time may be granted to develop and complete the project unless such failure or
inability of the owner or developer to complete the project is due to justifiable grounds as provided under the new rules
and guidelines.
General Rulesand Guidelines
2015 Rules and Guidelineson Time of Completion
Periods ofCompletion
primarily based on the work program or program of development submitted for approval
period of completion to be fixed shall consider level of development at the time of issuance of license to sell
Period of Completion for Land Development
There shall be a separate period of completionfor land development and house constructionand delivery in case of residential subdivision
projects with house and lot package
Unbundling of Periods of Completion
Periods ofCompletion
2015 Rules and Guidelineson Time of Completion
inclement weather
prolonged or repeated power failures
shortage of construction supplies or materials
other similar incidents
The work program or program of development shall consider and provide for a reasonable allowance for possible delay in the
project development due to work interruptions or temporary suspensions brought about by:
Allowances and Contingencies In the Work Program
Period of Completion for Land Development
primarily based on the work program or program of development submitted for approval
period of completion to be fixed shall consider level of development at the time of issuance of license to sell
Period of Completion and DeliveryOf Housing Components
Explicitly provided in the contract to sellor any purchase agreement
In the absence of such provision, theperiod of completion and delivery shall notexceed one (1)-year from date of purchase
2015 Rules and Guidelineson Time of Completion
Periods ofCompletion
All subdivision amenities and facilities such as clubhouse, playgrounds, sport facilities and other infrastructures as
may be included in the approved project plans, brochures, prospects printed matters, letters or any forms of
advertisement shall be developed and completed within the SUBMITTED and APPROVED period for the project’s land
development.
The work program or program of development shall consider and provide for a reasonable allowance for possible delay in the
project development due to work interruptions or temporary suspensions brought about by:
Allowances and Contingencies In the Work Program
inclement weather
prolonged or repeated power failures
shortage of construction supplies or materials
other similar incidents
Subdivision Amenities and Facilities
2015 Rules and Guidelineson Time of Completion
Periods ofCompletion
All amenities and facilities included in the approved plan or included or represented in brochures, prospectus, printed
matters, letters or any form of advertisement of the project shall all be completed in accordance with the work program
or program of development of the project
Condominium AmenitiesSubdivision Amenities and Facilities
All subdivision amenities and facilities such as clubhouse, playgrounds, sport facilities and other infrastructures as
may be included in the approved project plans, brochures, prospects printed matters, letters or any forms of
advertisement shall be developed and completed within the SUBMITTED and APPROVED period for the project’s land
development.
Periods ofCompletion
2015 Rules and Guidelineson Time of Completion
The date of completion of the project, which shall include the month, day and year, shall be indicatedon the license to sell of the project.
ON THE LICENSE TO SELL
Periods ofCompletion
Statement of the Date of CompletionCondominium Amenities
All amenities and facilities included in the approved plan or included or represented in brochures, prospectus, printed
matters, letters or any form of advertisement of the project shall all be completed in accordance with the work program
or program of development of the project
2015 Rules and Guidelineson Time of Completion
Such date of completion of the project and dateof completion and delivery from date of purchaseof any housing unit, if applicable, is a mandatory statement in any advertisement of the project
MANDATORY STATEMENTON THE ADVERTISEMENT
“The date of completion and delivery of the housing component shall be explicitly provided in the contract to sell or any purchase agreement”
The date of completion of the project, which shall include the month, day and year, shall be indicatedon the license to sell of the project.
Restrictive Grounds for the Grantof Additional Time of Completion Statement of the Date of Completion
ON THE LICENSE TO SELL
2015 Rules and Guidelineson Time of Completion
Additional TimeOf Completion
Periods ofCompletion
“In the absence thereof, the period of completion and delivery of the housing unit shall in no case exceed one (1) year from the date of purchase”
HOUSE & LOT PACKAGECONDITION IN THE LICENSE TO SELL
Existence of sub-soil condition[s]; Discoverable only after actualexcavation works in the project; and Would necessarily require additional excavation time
FORTUITOUS EVENTS
Restrictive Grounds for the Grantof Additional Time of Completion
LAWFUL ORDERS
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
SUB-SOIL CONDITIONS SUB-SOIL CONDITIONSFORTUITOUS EVENTS
LAWFUL ORDERS
Independent of the will of the owner or developer1
Unforeseeable or unavoidable2Causes: (i) Damage to the on-going project that requires reconstruction; or (ii) Delays which are directly attributable to the event; and Renders its completion within the original approved period impossible in a normal manner
3
The owner or developer is free from any participationor aggravation of the damage sustained by the project4
FORTUITOUS EVENTS
Restrictive Grounds for the Grantof Additional Time of Completion
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
Issuance of a lawful order of the court, government agency or local government unit resulting to the temporary enjoinment or stoppage of the construction or development of the project
MEGAWORLD GLOBUS ASIA, INC., v. TANSECOG.R. NO. 181206, OCTOBER 9, 2009
within SIXTY (60) DAYS from receipt or knowledge thereof, the owner or developer shall have, in writing, notified the RFO of such issuance
3 attributable to any fault, mistake, or negligence on the part of the owner or developer; or 1
LAWFUL ORDERS
due to any dispute between the owner and developer in the development and completion of the project2
AND PROVIDED FURTHER THAT:EXCEPT WHEN THE ISSUANCE OF SUCH ORDER IS:
Restrictive Grounds for the Grantof Additional Time of Completion
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
Supporting pictures or documents, if any32 Proof of notice to all lot or unit buyers or owners
In cases falling under Sub-Soil Conditions, a sworn statement by a licensed engineer attesting to the existence of the sub-soil condition
4
Revised work program with computation ofthe remaining cost of completion duly signedor sealed by a licensed engineer or architect
5
Sworn application by the owner or developer, stating the grounds or reasons1
REQUIREMENTS
The Court cannot generalize the 1997 Asian financial crisis to be unforeseeable and beyond the control ofa business corporation.
THE ASIAN CRISISBond or Security
Additional period of time shall only be granted upon posting of a new bond or security in accordance with the
existing rules and guidelines of the HLURBA real estate enterprise engaged in the pre-sellingof condominium units is concededly a master in projections on commodities and currency movements, as well as business risks.
The fluctuating movement of the Philippine pesoin the foreign exchange market is an everyday occurrence, hence, not an instance of caso fortuito. Megaworld’s excuse for its delay does not thus lie.
All applications for additional time of completion shall be filed with the RFO where the project is registered
New Procedure for Applicationand Grant of Additional Time
MEGAWORLD GLOBUS ASIA, INC., v. TANSECOG.R. NO. 181206, OCTOBER 9, 2009
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
APPLICATION
Under “Sub-Soil Conditions”, within sixty (60) days from discovery thereof1
Under “Lawful Order”, within sixty (60) days fromreceipt or knowledge of the order or issuance lifting the enjoinment or stoppage of development
3
2
Under “Fortuitous Event”, within sixty (60)days prior to the expiration of the approvedoriginal time of completion, provided howeverthat if such occurrence shall fall within the last sixty (60) days of the approved period of completion, the application shall be filed within sixty (60) days from the occurrence thereof
PERIODS TO APPLYREQUIREMENTS
Supporting pictures or documents, if any32 Proof of notice to all lot or unit buyers or owners
In cases falling under Sub-Soil Conditions, a sworn statement by a licensed engineer attesting to the existence of the sub-soil condition
4
Revised work program with computation ofthe remaining cost of completion duly signedor sealed by a licensed engineer or architect
5
New Procedure for Applicationand Grant of Additional Time
Sworn application by the owner or developer, stating the grounds or reasons1
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
Any owner or developer applying for additionaltime of completion shall notify all lot or unit buyersor owners of its intent to apply for additional timeto complete the development of the project.
NOTICE TO LOT OR UNIT BUYERS
PERIODS TO APPLY Under “Sub-Soil Conditions”, within sixty (60) days from discovery thereof1
Under “Lawful Order”, within sixty (60) days fromreceipt or knowledge of the order or issuance lifting the enjoinment or stoppage of development
3
2
Under “Fortuitous Event”, within sixty (60)days prior to the expiration of the approvedoriginal time of completion, provided howeverthat if such occurrence shall fall within the last sixty (60) days of the approved period of completion, the application shall be filed within sixty (60) days from the occurrence thereof
New Procedure for Applicationand Grant of Additional Time
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
Any appeal from the decision of the application by the RFO shall be decided by the Supervising Commissioner
APPEALNOTICE TO LOT OR UNIT BUYERS
Any owner or developer applying for additionaltime of completion shall notify all lot or unit buyersor owners of its intent to apply for additional timeto complete the development of the project.
verify the nature and extent of damage or validate the justification for the application
conduct an ocular inspectionof the project, If necessary
ascertain the additional period of timeneeded to complete the project and the estimated
remaining cost of completion
Upon receipt of the application, the RFO shall:1
EVALUATION AND GRANT
New Procedure for Applicationand Grant of Additional Time
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
2
If the RFO finds justifiable reason to grant the additional period of time, it shall proceed to grant the application. Otherwise, it shall deny the same.
The fees provided for extension or additional time to develop applicable to the different classifications of subdivision and condominium projects in the approved Schedule of Fees of the HLURB, including Processing Fee, Additional Fee, and Inspection Fee are adopted
B.R. NO. 912, S. OF 20132013 REVISED SCHEDULE OF FEES
FeesNew Procedure for Applicationand Grant of Additional Time
Any appeal from the decision of the application by the RFO shall be decided by the Supervising Commissioner
APPEAL
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
Certificatesof Completion
Issuance of Certificatesof Completion
The fees provided for extension or additional time to develop applicable to the different classifications of subdivision and condominium projects in the approved Schedule of Fees of the HLURB, including Processing Fee, Additional Fee, and Inspection Fee are adopted
B.R. NO. 912, S. OF 20132013 REVISED SCHEDULE OF FEES
Additional TimeOf Completion
2015 Rules and Guidelineson Time of Completion
Fees
Upon completion of the housing component, a separate Certificate of Completion for Housing Component (COCHC) may also be issued.
The issuance, however, of a COCLD shall not relieve the owner or developer of the obligationto maintain the roads, alleys, sidewalks, playgrounds, amenities, facilities, improvements, infrastructuresor other forms of developments represented or promised in brochures, advertisements and othersales propaganda until proper donation or turnover
CERTIFICATE OF COMPLETIONFOR HOUSING COMPONENT (COCHC)
DUTY TO MAINTAIN UNTILDONATION OR TURNOVER
Issuance of Certificatesof Completion
Upon completion of the project’s landDevelopment, the owner or developer shallapply for issuance of Certificate of Completionfor Land Development (COCLD) from the RFOIf upon ocular inspection the project is foundto have been completed in accordance withthe approved time of completion, a COCLDshall be issued in accordance with the existingrules and guidelines of the HLURB.
CERTIFICATE OF COMPLETIONFOR LAND DEVELOPMENT (COCLD)
Certificatesof Completion
2015 Rules and Guidelineson Time of Completion
Buyers’ Remedies in CaseOf Non-Completion
Relief, Sanctionsand Penalties
Upon completion of the housing component, a separate Certificate of Completion for Housing Component (COCHC) may also be issued.
Certificatesof Completion
CERTIFICATE OF COMPLETIONFOR HOUSING COMPONENT (COCHC)
Issuance of Certificatesof Completion
2015 Rules and Guidelineson Time of Completion
P 1,000 - P 10,000 in accordancewith HLURB’s Approved Schedule
of Fines and Penalties
Suspension of License to Sell
CDO – Selling / Advertising /Collecting Installments
Fines and Sanctions
Buyers on Installments
Other rights and remediesprovided for by other laws
Sec. 23 , P.D. 957
Fully Paid Buyers
Civil Code [ Art. 1191 ]
Buyers’ Remedies in CaseOf Non-Completion
Relief, Sanctionsand Penalties
2015 Rules and Guidelineson Time of Completion
Applications – Regional Field Office
Appeal – Supervising Commissioner
ExCom. Res. No. 01, S. of 2007 (Amending the Delineation of Authority to Approve/Disapprove Applications for Extension of Time to Develop
Subdivision and Condominium Projects
Repealing Clause
P 1,000 - P 10,000 in accordancewith HLURB’s Approved Schedule
of Fines and Penalties
Suspension of License to Sell
CDO – Selling / Advertising /Collecting Installments
Fines and Sanctions
Relief, Sanctionsand Penalties
2015 Rules and Guidelineson Time of Completion
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 thatis shorter than the period of completion provided in the originally
submitted or revised work program or programof development may apply for a final additional time to
develop and complete the project based on their approvedor revised work program or program of development
Transitory Provision
Applications – Regional Field Office
Appeal – Supervising Commissioner
ExCom. Res. No. 01, S. of 2007 (Amending the Delineation of Authority to Approve/Disapprove Applications for Extension of Time to Develop
Subdivision and Condominium Projects
Repealing Clause
Relief, Sanctionsand Penalties
2015 Rules and Guidelineson Time of Completion
Thank you and visit us atwww.hlurb.gov.ph
09176273784
Transitory Provision
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 thatis shorter than the period of completion provided in the originally
submitted or revised work program or programof development may apply for a final additional time to
develop and complete the project based on their approvedor revised work program or program of development
Relief, Sanctionsand Penalties
2015 Rules and Guidelineson Time of Completion
Thank you and visit us atwww.hlurb.gov.ph09176273784
Thank you and visit us atwww.hlurb.gov.ph09176273784