Housing Industry Regulations by Atty. Angelito Aguila

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Balanced Housing Development

Guidelines on Advertising

Housing Industry Regulations

Extension of Time to Develop [ETD] & Certificate of Completion [COC]


Housing Industry Regulations Balanced Housing Development

Guidelines on Advertising Extension of Time to Develop [ETD] & Certificate of Completion [COC]


Housing Industry Regulations

Board Balanced Resolution Housing No. 890 Series Development of 2012

Main Manner18 of Republic Act No. 7279 Section of Compliance Urban Development and Housing Act of 1992

Board Resolution No. 890 Series of 2012 Revised Implementing Rules And Regulations To Govern Section 18 Of Republic Act No. 7279, Otherwise Known As “The Urban Development and Housing Act of 1992” Approved on: October 12, 2012 Published on: December 17, 2012 Effective on: January 1, 2013


Balanced Housing Development Main Manner of Compliance “Developers of proposed residential subdivision projects shall be required to develop and area for socialized housing”

at least 20% of the total subdivision area / cost

Board Resolution No. 890 Series of 2012 Other Manners of Compliance “The developers may also choose any of the following manners, subject to the pertinent guidelines requirements, and procedures that may be promulgated by HLURB”

at least 20% of the total subdivision project cost


Balanced Housing Development Main Manner of Compliance

Balanced Housing Development

Board Resolution No. 890 Series of 2012 Other Manners of Compliance

Development Of New Settlement Slum Upgrading

Joint Venture With Either LGUs or HAs Participation In CMP


Board Resolution No. 890 Series of 2012 Manners of Compliance Balanced Housing Development Development Of New Settlement Slum Upgrading Joint Venture With Either LGUs or HAs Participation in CMP

M.C. Nos. 01 – 05 Series of 2013 General Requirements

1. Location of the Compliance Project; 2. Conformity with BP 220 minimum design and standards; 3. Requirements and procedure for publication, posting of billboards and submission of affidavits; 4. Registration, licensing and annotations on the LS;


Board Resolution No. 890 Series of 2012 Manners of Compliance Balanced Housing Development Development Of New Settlement Slum Upgrading Joint Venture With Either LGUs or HAs Participation in CMP

M.C. Nos. 01 – 05 Series of 2013 General Requirements

5. Period of Completion; 6. Procedure for monitoring; and

7. Penalties and sanctions.


Board Resolution No. 890 Series of 2012 Manners of Compliance Balanced Housing Development Development Of New Settlement Slum Upgrading Joint Venture With Either LGUs or HAs Participation in CMP

M.C. Nos. 01 – 05 Series of 2013 Modes of Compliance

Joint-Ventures and Agreements with Accredited developers of socialized housing projects / accredited NGOs to develop socialized housing projects Provision of facility, center or amenity and other basic facilities to benefit existing socialized housing project/s


Board Resolution No. 890 Series of 2012 Manners of Compliance

M.C. Nos. 01 – 05 Series of 2013 Modes of Compliance

Balanced Housing Development Development Of New Settlement Slum Upgrading Joint Venture With Either LGUs or HAs Participation in CMP

Purchase of Instruments of Participation or Contributions to NHA’s Projects


Board Resolution No. 890 Series of 2012 Manners of Compliance Balanced Housing Development

M.C. Nos. 01 – 05 Series of 2013 Modes of Compliance

Development of socialized housing or resettlement project

Development Of New Settlement

Takeover development of abandoned / unfinished socialized housing projects

Slum Upgrading

Rehabilitation of non-performing socialized housing assets

Joint Venture With Either LGUs or HAs

Purchase of socialized housing bonds

Participation in CMP

Provision of education/health facilities, productivity / livelihood centers and other basic amenities and facilities


Board Resolution No. 890 Series of 2012 Manners of Compliance Balanced Housing Development Development Of New Settlement Slum Upgrading Joint Venture With Either LGUs or HAs Participation in CMP

M.C. Nos. 01 – 05 Series of 2013 Modes of Compliance

Providing a parcel of land To a CMP project

Providing or developing ROW, access to roads or public transportation lines or providing or upgrading of amenities, facilities, or other forms of development in an existing CMP Purchase of Asset-Backed Securities originated or conveyed by SHFC


Sec. 19, P. D. No. 957 Guidelines on Advertising Advertisements Sec.19, P.D. No. 957 Advertisements Advertisements that may be made by the owner or developer through Media / television, leaflets, circulars or any other form about newspaper, radio, the subdivision Coverageor the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not Truth in tend to mislead “newspaper, radio, television, leaflets, or deceive the public.

circulars or any “must reflect the realother factsform” and must The owner or developer shall answerablein and liable for the facilities, bebe presented such manner that will improvements, infrastructures or other forms of development not tend to mislead or deceive the Representations represented or promised in brochures, advertisements and other sales “representations shall form part of the public. propaganda disseminated by the owner or developer or his agents and and theenforceable owner / developer the same shall form part ofwarranties the sales warranties against shall answerable liable” said owner or developer, jointly and be severally. Failure toand comply with

Advertising

these warranties shall also be punishable in accordance with the penalties provided for in this Decree.


Sec. 19, P. D. No. 957 Guidelines on Advertising Advertisements Sec.19, P.D. No. 957 Advertisements Advertisements Media / that may be made by the owner or developer through newspaper, radio, television, leaflets, circulars or any other form about Coverage the subdivision or the condominium or its operations or activities must “newspaper, reflect the real facts and must be presentedradio, in suchtelevision, manner thatleaflets, will not circulars or public. any other form” tend to mislead or deceive the

Truth in

The owner or developer shall be answerable andreal liablefacts for theand facilities, “must reflect the must Advertising improvements, infrastructures or other forms of development be presented in such manner that will represented or promised in brochures, advertisements and other sales tend to mislead or deceive propaganda disseminated by not the owner or developer or his agents the and public. the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with Representations these warranties shall also be punishable in accordance “representations shall formwith partthe of the penalties provided for in this Decree.

warranties and the owner / developer shall be answerable and liable”


Sec. 19, P. D. No. 957 Advertisements Board Resolution No. 808 Series of 2007 Prior Approval Documentary Requirements Truth in Advertising

Mandatory and Prohibited Contents Warranties and Representations Fees and Fines


Sec. 19, P. D. No. 957 Advertisements Proposed Amendments Coverage On Advertisements Coverage Announcements & Advertisements Mandatory Contents

Prohibitions & Prohibited Contents Selling without License Separate Violations


Sec. 19, P. D. No. 957 Advertisements

Proposed Amendments on Advertisements

Coverage “.. newspapers, magazines, televisions, radio,

billboards, brochures, leaflets, flyers, scalemodel ….”

“.. Digital signages, internet websites, social

media-services, short or multi-media messaging, or any other form of electronic communication using handheld computer and devices …”


Sec. 19, P. D. No. 957 Advertisements

Proposed Amendments on Advertisements

Announcements & Advertisements

An “announcement� is any information disseminated or communicated for the purpose of initially informing or notifying the public about a project with an already-issued development permit.


Sec. 19, P. D. No. 957 Advertisements

Proposed Amendments on Advertisements

Announcements & Advertisements

Announcement Advertisement

Announcement

Announcement Advertisement

Development Permit

Temporary License to Sell License to Sell


Sec. 19, P. D. No. 957 Advertisements

Proposed Amendments on Advertisements

Prohibitions Mandatoryand Prohibited Contents Contents Announcement

1. Exact location; 2. Name of owner / developer; and 4. Development Permit No. or Alteration of Plan Approval No. 5. Fair Warning Message

5. Maximum selling price for “w/o license to sell yet” socialized / economic “application for LS under housing. process”`


Sec. 19, P. D. No. 957 Advertisements

Proposed Amendments on Advertisements

Prohibitions Mandatoryand Prohibited Contents Contents Advertisement 1. Exact location; 2. Name of owner / developer; and 3. License to Sell No. 4. Project Completion Date; and 5. Maximum selling price for socialized / economic housing.


Housing Sec. 19, P. Industry D. No. 957 Regulations Advertisements

Proposed Other Proposed Amendments on Amendments Advertisements

Prohibitions and Prohibited Contents Announcement

Advertisement

1. Disclaimer/s; 2. Future projects or development; 2. Exaggerations or misleading information.


Housing Sec. 19, P. Industry D. No. 957 Regulations Advertisements

Proposed Other Proposed Amendments on Amendments Advertisements

Prohibitions and Prohibited Contents Announcement

Advertisement

2. Developer’s or broker’s office address or contact information; “inclusion of which, including by inserting, stapling, attaching or clipping is deemed selling without license”


Housing Sec. 19, P. Industry D. No. 957 Regulations Advertisements

Proposed Other Proposed Amendments on Amendments Advertisements

Prohibitions and Prohibited Contents Announcement

Advertisement

2. Developer’s or broker’s ‘FINE PRINTS “SEPARATE AND AND DISTINCT VERBALVIOLATION” FINE PRINTS” 1. Disclaimer/s; office address or contact information; “Using fine prints or sound and 2. Future projects or development; “Eachimage printing, publishing, distracting” forairing, fair or each day or ofmessage billboardand posting shall be warning mandatory 2. Exaggerations misleading considered as separate violation” statements” information.


Housing Sec. 19, P. Industry D. No. 957 Regulations Advertisements

Proposed Other Proposed Amendments on Amendments Advertisements

Prohibitions and Prohibited Contents Announcement

Advertisement

‘FINE PRINTS AND VERBAL FINE PRINTS” “Using fine [small] prints or sound and image distracting” for fair warning message and mandatory statements”


Housing Sec. 19, P. Industry D. No. 957 Regulations Advertisements

Proposed Other Proposed Amendments on Amendments Advertisements

Prohibitions and Prohibited Contents Announcement

Advertisement

“SEPARATE AND DISTINCT VIOLATION” “Each printing, publishing, airing, or each day of billboard posting shall be considered as separate violation”


Housing Industry Regulations

Other Proposed Amendments

Extension of Time to Develop [ETD] “Section 21. Time for Completion. - x x x within one (1) year or within such other period of time as may be fixed by the Board from the date of the issuance of license to sell for the subdivision or condominium project.” 1. Issuance of ETDs ; 2. Guidelines and parameters on fixing periods of completion, separately for land development and construction of housing component, as may be necessary;

Certificate of Completion (COC) 1. Requirement of HOA’s consent prior to issuance is under legal study;


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