HLURB BR No. 926

download HLURB BR No. 926

of 9

Transcript of HLURB BR No. 926

  • 8/18/2019 HLURB BR No. 926

    1/9

    Republic

    of

    the

    PhiliPpines

    Office

    of

    the

    President

    Horrsins and

    Urban

    Development

    Coordinating

    Council

    IIOUSINGAND

    LAND

    USE

    REGULATORY

    BOARI)

    BOARD RESOLUTION NO.

    E

    Series

    of

    2015

    RE1IISED

    IMPLEMENTING

    RULES

    AND

    REGULiATIONS

    TO

    GOVERN

    THE

    TIMEoFcoMPLETIoNoFsUBDIvIsIoNAI{DCoNDoMINIUMPRoIECTS

    uNDER

    PRESTDENTTAL

    DECREE

    No.

    9s7,

    orHERwrsE

    KNowN

    As

    *THE

    SUBDIVISION

    AND

    CONDOMINIUM

    BUYERS'

    PROTECTIVE

    DECREE"

    AND

    ALL

    OTHER

    PROJECTS

    REQUIRED

    BY

    LAW

    TO

    BE

    REGISTERED

    WITH

    rni

    nOuSING

    AND

    LAND

    USE

    REGULATORY

    BOARD

    columbaria.

    pursuant

    to

    Article

    IV,

    Section

    5(c)

    of

    Executive

    order

    No.

    648

    (E'O'

    No'

    648)

    as

    amended

    oy

    executive

    order

    r.ro.

    go,

    and

    to.

    section

    36

    of

    Presidential

    Decree

    No'

    957

    (p.D.

    No.

    957),

    the

    following

    Rlles

    and

    Regulations

    (hereinafter

    "RulesJ

    are

    hereby

    promulgated

    by

    the

    Housing

    and

    Lan

    tJse-Regulatory

    Board

    (HLURB)

    to

    implement

    s"aion

    ioinJ

    otne,

    teliteo

    ptovisions.of

    e'o'

    No'

    957,

    and

    the

    time

    of

    completion

    of

    all

    other

    similar

    pt"i.tt

    iequired

    by

    law

    and

    regulations

    to

    be

    registered

    with

    the

    HLURB.

    sEcTloNl.Title.ThisRulesshallbereferredtoasthe*2015Revised

    r*pr.*.ntingRulesandRegulationsonTimeofCompletion,,'

    sEcTIoN2'scopeofApplication.ThisRulesshallapplytoallprojectsrequired

    ilil

    and

    reguhtions

    to

    be

    registered

    with

    HLURB'

    When

    used

    in

    this

    Rules,

    the

    word..projecf,

    shall

    include:

    Z.L

    All

    subdivisions,

    including

    residential,

    commercial,

    farmlot,

    and

    industrial

    subdivisions;

    2.2

    All

    condominiums,

    including

    residential

    and

    commercial

    condominiums;

    2,3

    Any

    Other

    Similar

    proiects,

    including

    cemeteries,

    memorial

    parks

    and

    SECTION

    3,

    obiective.

    This

    Rules

    aims

    to

    ensure

    that

    all

    poects'

    including

    the

    construction

    and

    pr*irion

    of

    the

    facilities,

    improvements,

    infrastructures

    and

    other

    forms

    of

    deveropment,

    including

    *ii.iiuppty

    ano

    erectricar

    facifities,

    which

    are

    offered

    and

    indicated

    in

    the

    .pprorJitoiul[

    i'nns,

    brochures'

    prospectus'

    printed

    HLURBBldg.KalayaanAvenuecornerMayamanStreet,Diliman,QuezonCity

    www.hlurb'gov'Ph

    Page

    1

    of

    7

    Itbt'-

  • 8/18/2019 HLURB BR No. 926

    2/9

    mattens,

    letters,

    or

    in

    any

    form of

    adveftisement

    are

    Completed

    within

    one

    year

    from

    the

    date

    of

    issuance

    of

    the

    license

    to

    sell

    of

    the

    project,

    or

    within

    such

    other

    period

    of

    time

    as

    may

    be

    fixed

    bY

    the

    HLURB.

    $EITION

    4.

    Definition

    of

    Terms.

    when

    used

    in

    this

    Rules,

    the

    following terms

    shall

    be

    understood

    to

    mean

    as

    follows:

    4.t

    ..Cease

    and

    Desist

    Order"

    refers

    to

    an

    order

    issued

    by

    the

    HLURB

    directed

    against

    a

    developer

    enjoining

    it

    from

    committing

    certain

    acts

    ]l

    relation

    to

    its

    plojeA

    by

    reason

    of-

    a

    violation

    of

    Presidential

    Decree

    No'

    957

    '

    Batas

    Pambansa

    Blg.

    220,

    or

    any

    of

    their

    implementing

    rules

    and

    regulations

    or

    any

    guidelines

    or

    circular

    issued

    thereunder'

    4.2

    ..Cemetery"

    refels

    to

    a

    public

    or

    private

    land

    used

    for

    the

    burial

    of the

    dead

    and

    other

    uses

    indicated

    for

    cemetery

    purposes'

    4.3

    ..Columbarium"

    refers

    to

    any

    structure,

    either

    freestanding

    or

    part

    of

    another

    building,

    containing

    niches

    for

    the

    inurnment

    of

    cremated

    human

    remains'

    4.4

    ..commercial

    condominium"

    refers

    to

    the

    entire

    parcel

    of

    real

    property

    divided

    or

    to

    be

    divided

    primarily for

    commercial

    purposes into

    commercial

    units,

    including

    all

    structures

    thereon.

    4.5

    ..Commercial

    Subdivision"

    refers

    to

    a

    tract

    or

    parcel

    of

    land

    registered

    under

    Act

    No.

    4g6

    which

    is

    partitioned

    primarily

    into

    individual

    lots

    for

    commercial

    use

    with

    or

    without

    improvements

    thereon and offered

    to

    the

    public

    for

    sale

    in

    cash

    or

    in

    installment

    tems.

    4.6

    "Condominium

    Projecf'

    refers

    to

    the

    entire

    parcel

    of

    real

    properu

    divided

    or

    to

    be

    aiviOtJ

    primarily for

    residential

    purposes into

    condominium

    units,

    including

    all

    structures

    thereon,

    and

    offered

    to

    the

    public

    for sale,

    in

    cash

    or

    in

    installment

    tetms.

    4.7

    ..Developer"

    refers

    to

    any

    person

    who

    develops

    ot

    improves

    the

    subdivision

    p@ect

    or condominium

    project

    for

    and

    in

    behalf

    of

    the

    owner

    thereof'

    4.8

    ..Farmlot

    subdivision"

    refets

    to

    a

    subdivision

    proie$

    primarily

    intended

    for

    agricultural-pioOr.tion,

    with

    a

    minimum

    lot

    area

    of

    1000

    sq'm'

    and

    with

    a

    Zio/o

    maximum

    allowable

    buildable

    area'

    4.g

    ..Industrial

    Subdivision"

    refels

    to

    a

    tract

    of

    land

    paftitioned

    ito

    lots

    for

    sale

    or

    Iease

    to

    establishments

    engaged

    primarily in

    industrial

    production or

    seruices'

    The

    degree

    of

    development

    -may

    ue

    limited

    to

    the

    provision of

    utilities

    and

    location

    of

    areas

    for

    industrial

    buildings,

    facilities,

    and

    amenities,

    or

    it

    may

    also

    include

    the

    provision

    of

    buildings,

    facilities,

    and

    amenities.

    pase2ot7

    fubV

  • 8/18/2019 HLURB BR No. 926

    3/9

    4.10

    "Land

    Development"

    refels

    to

    land clearing

    and

    grubbing,

    road

    construction,

    installation

    of

    power

    and

    water

    distribution

    system,

    construction

    of

    drainage

    and

    sewerage

    system

    and

    other

    developments

    contained

    in the

    approved

    plans

    and/or

    in

    the

    brochure

    and

    adveftisement.

    4.11

    "Memorial

    Park"

    refers

    to

    a

    privatelyowned

    cemetery

    provided

    with

    a

    systematic

    supervision

    and

    maintenance

    where

    park-like

    atmosphere

    is

    its

    outstanding

    qualitY.

    4.LZ

    "Ownef

    refers to

    the

    registered

    owner

    of

    the

    land subject

    of

    a

    project.

    An

    owner

    who

    develops

    a

    project

    by

    himself shall

    be considered

    as

    a developer.

    4.13

    "Project"

    referc

    to

    the

    different

    real estate

    development

    enumerated

    under

    Sectlon

    2

    hereof

    which

    are

    required

    by

    law

    to

    be

    registered

    with the

    HLURB.

    4.t4

    "Sale"

    or

    "setl" shall

    include

    every

    disposiUon

    or

    attempt

    to

    dispose,

    for

    a

    valuable

    consideration,

    of any

    lot,

    including

    the

    building

    and

    other

    improvements

    thereof,

    or any

    unit

    in a

    p@ect.

    "Sale"

    and

    "sell"

    shall

    also

    include

    a contract

    to

    sell,

    a

    contract

    of

    purchase

    and

    sale,

    an

    exchange,

    an

    attempt

    to

    selt,

    an option

    of sale

    or

    purchase,

    a solicitation

    of

    a

    sale,

    or

    an

    offer

    to

    sell,

    directly

    or

    by an

    agent,

    or by

    a

    circular,

    letter, advertisement

    or

    othenruise.

    A

    privilege

    given

    to

    a

    member

    of

    a

    cooperative,

    corporation,

    paftnershiP,

    or

    any

    associaiion

    and/or

    the

    issuance

    of

    a ceftificate

    or

    receipt

    evidencing

    or

    giving

    the

    right

    of

    participation

    in,

    or

    right

    to,

    any

    land

    in

    consideration

    of

    payment

    of

    [ne

    membership

    fee or

    dues,

    shall

    be

    deemed

    a sale

    within

    the

    meaning

    of

    this

    definition.

    4.15

    "subdivision

    Project'

    shall

    mean

    a tract

    or

    a

    parcel

    of

    land

    registered

    under

    Act

    No.

    496,

    asamended

    by

    Presidential

    Decree

    No.

    L529,

    which

    is

    paftitioned

    primarily

    for

    residential

    purposes

    into

    individual

    lots

    with

    or

    without

    improvements

    thereon,

    and offered

    to

    the

    public

    for

    sale,

    in

    cash or

    in

    installment

    terms.

    It

    shall

    include

    all

    residential,

    commercial,

    industrial

    and

    recreational

    areas

    as

    well as open

    spaces

    and other

    community

    and

    public

    areas

    in

    the

    Project.

    4.t6

    "Time of Completion"

    referc

    to

    the

    period

    of time

    fixed by

    the

    HLURB

    within

    which

    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.

    All other

    words as

    may

    be

    used

    in this

    Rules shall

    be

    interpreted

    in

    accordance

    with

    their

    normal

    and

    popular

    usage

    and

    meaning'

    page

    3

    "tt

    furrM

  • 8/18/2019 HLURB BR No. 926

    4/9

    Section

    5.

    Time

    of Completion

    of

    the

    Project.

    Within

    one

    year

    from the

    date

    of the

    issuance

    of

    the

    license

    for the

    project

    or

    such

    other

    period

    of

    time

    as

    may

    be

    fixed

    by

    HLURB

    in

    accordance

    with

    its

    rules

    and

    guidelines,

    every

    owner

    or

    developer

    shall

    construct

    and

    provide

    the

    facilities,

    improvements,

    infrastructures

    and

    oiher

    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

    adveftisement.

    Section

    6.

    Additionat

    period

    of

    Time

    to Complete,

    No extension

    or

    additional

    period

    of

    time

    may be

    granted

    to

    develop

    and

    complete

    the

    project

    unless

    such

    iailure

    or

    inability

    of

    the

    owner

    or

    developer

    to

    complete

    the

    project

    within

    the

    original

    period

    is

    caused

    bY:

    6.1

    Existence

    of

    sub-soil condition

    that

    is

    discoverable

    only

    after

    actual

    excavation

    works

    in

    the

    project

    and

    would

    necessarily

    require

    additional

    excavation

    time;

    6.2

    Occurrence

    of

    an

    event

    which

    is

    independent

    of

    the

    will of

    the

    owner

    or

    developer,

    unforeseeable

    or

    unavoidable,

    and

    causes

    damage

    to

    the

    on-going

    p$ect

    that

    requires

    reconstruction

    or

    causes

    delays

    which

    are

    directly

    attributable

    to the

    event

    and

    renders

    its

    completion

    within

    the

    original

    approved

    period

    impossible

    in

    a

    normal

    manner;

    provided

    howbver

    that

    the

    owner

    or

    developer

    is

    free

    from

    any

    participation

    or aggravation

    of the

    damage

    sustained

    by

    the

    p$ec$

    or

    6.3

    Issuance

    of a

    lawful

    order

    by

    a court,

    government

    agency

    or

    local

    government

    unit

    resulting

    to

    the

    temporary

    enjoinment

    or

    stoppage

    of

    tne

    construction

    or

    development

    of the

    proiect,

    except

    when

    the

    issuance

    of

    such

    order

    is

    attributable

    to

    any

    fault,

    mistake

    or

    negligence

    on

    the

    part

    of the

    owner

    or developer,

    or

    resulted

    from

    a

    dis-pute

    between

    the

    owner

    and

    developer

    in the

    development

    and

    completion

    of

    the

    project,

    and

    provided

    further

    that

    the

    owner

    or

    developer,

    within

    thirty

    (30)

    days

    from

    receipt

    or

    knowledge

    thereof,

    shall have notifled

    in

    writing

    the

    Regional

    Field

    Office

    (RFO) where

    the

    p$ect

    is registered

    of

    the

    fact of

    such

    issuance.

    If

    the

    performance

    bond

    or

    security

    previously

    posted

    has already

    lapsed

    or

    shall

    prove

    insufficient

    based

    on the

    project's

    revised

    work

    program

    or

    program

    of

    devetopment,

    the

    grant

    of

    additional

    period

    of

    time

    to

    complete

    the

    project

    shall

    be

    conditioned

    upon

    posting

    of a

    new

    bnd

    or security

    in

    accordance

    with

    the

    existing

    rules and

    guidelines

    of

    HLURB.

    Page

    4 of

    7

    fu,^-

  • 8/18/2019 HLURB BR No. 926

    5/9

    Section

    7.

    Fees.

    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

    hereby

    adopted

    and

    made applicable

    to

    grant

    of

    additional

    time

    to

    complete

    the

    project

    as

    provided

    under

    this

    Rules

    and

    the

    guidelines issued by

    the

    HLURB.

    Section

    8.

    Monitoring.

    In the exercise

    of

    its

    visitorial

    power,

    the

    HLURB,

    may,

    on

    its

    own

    initiative or

    upon

    verified complaint,

    monitor

    the

    development

    and

    completion

    of a

    project

    in

    accordance

    with its existing

    rules,

    regulations

    and

    guidelines,

    and

    impose

    appropriate

    sanctions,

    fines and

    penalties

    in

    case

    of

    violation

    or

    non-compliance

    with this

    Rules and

    the

    guidelines

    issued

    pursuant

    hereto.

    Section

    9. Ceftificates

    of

    Completion

    for

    Land Development

    and

    Housing

    Component.

    Upon

    completion

    of the

    project's

    land

    development,

    the

    owner

    or

    developer

    shall

    apply

    for

    issuance

    of Certificate

    of

    Completion

    for

    Land

    Development

    (COCLD)

    from the

    RFO

    where the

    project

    is registered.

    If upon

    ocular

    inspection

    the_

    proj"A

    is

    found to

    have been

    completed

    in

    accordance

    with the approved

    time

    of

    completion,

    a

    COCLD

    shall

    be

    issued

    in accordance

    with

    the existing

    rules

    and

    guidelines

    of the

    HLURB.

    The

    issuance,

    however,

    of a

    COCLD

    shall

    not

    relieve

    the

    owner

    or developer

    of

    the

    obligation

    to

    maintain

    the

    roads,

    alleys,

    sidewalks,

    playgrounds,

    amenities,

    facilities,

    improvements

    infrastructures

    or

    other

    forms of

    developments

    represented

    or

    promised

    in

    brochures,

    adveftisements

    and

    other

    sales

    propaganda,

    until

    proper

    donation

    or

    turnover

    of the

    same.

    Upon

    completion

    of the

    housing componen

    a

    separate

    Certificate

    of

    Completion

    for

    Housing

    Component

    (COCHC)

    may also

    be

    issued.

    Section

    10.

    Non-Completion

    Within the

    Approved

    Period.

    Except

    as

    provided

    under

    Section

    6

    hereof,

    non-completion

    of the

    project

    within

    the

    approved

    iime of

    completion

    shall

    entitte

    an

    affected

    buyer

    to

    exercise

    its

    rights

    in

    accordance

    with

    Presidential

    Decree

    No. 957 and

    the

    Civil

    Code

    of

    the

    Philippines,

    in

    addition

    to

    the

    other

    rights

    and

    remedies

    provided

    for by

    other

    laws

    as

    may be

    warranted

    under

    the

    circumstance.

    Administrative

    fines,

    sanctions

    and

    penalties

    shall

    likewise

    be

    imposed

    on

    the

    owner

    or

    developer as

    provided under

    Sections

    11,

    12 and

    13

    hereof.

    Section

    11. Suspension

    of

    the

    License

    to Sell

    and

    Issuance

    of Cease

    and

    Desist Order.

    The

    license

    to

    sell

    of

    the

    p$ect

    shall

    be

    suspended

    and

    the

    owner

    or

    developer

    shall

    be

    prohibited

    from

    fufther selling

    any

    of the

    p@ect's

    lots or

    units

    in

    case

    of

    non-completion

    of

    the

    project

    as

    provided

    under

    Section

    10

    hereof.

    A

    cease

    and

    desist

    order

    (CDO)

    shall

    likewise

    be

    issued

    enjoining

    the

    owner

    or

    page5

    ott

    gbp

  • 8/18/2019 HLURB BR No. 926

    6/9

    l(

    developer

    from adveftising

    the

    project

    and

    collecting

    any

    amoftization

    payment

    from

    any

    buyer

    who

    is

    affected

    by

    the

    nontompletion

    of the

    proiect.

    Section

    12.

    Administrative

    Fines and Sanctions.

    In case

    of

    non-completion

    of

    the

    project within

    the time

    fixed

    by

    the

    HLURB,

    an

    administrative

    fine

    shall

    be

    imposed in accordance

    with

    the

    existing

    rules and

    guidelines

    of the

    HLURB.

    AII

    fines

    imposed

    in

    this

    Rules

    shall be

    payable

    to

    HLURB

    and

    enforceable

    through

    writs

    of

    execution

    in

    accordance

    with the

    provisions

    of the

    HLURB's

    Rules of

    Procedure.

    Such

    fines shall be

    in

    addition

    to

    other

    administrative

    sanctions

    that

    may

    be imposed

    by

    the

    HLURB.

    Section

    13.

    Penalty

    Clause.

    In addition

    to the

    imposition

    of administrative

    fines

    and

    sanctions

    provided

    under

    Section

    LZ

    hereof,

    any

    violation

    of

    the

    provisions

    of this

    Rules

    shall

    be

    penalized

    in

    accordance

    with

    Section

    L2 of

    E.O.

    No.

    648 and

    Section

    38

    (Administrative

    Fines)

    and Section

    39

    (Penalties)

    of

    Presidential

    Decree

    No.

    957.

    The rights and

    remedies

    provided

    in this

    Rules

    shall

    be

    in

    addition

    to any

    and

    all

    other

    rights

    and

    remedies

    that

    may be available

    under

    existing

    laws.

    SECTION

    L4.

    Authority

    to

    Issue Guidelines

    and

    Circulars.

    The

    Chief

    Executive Officer

    of

    HLURB

    is hereby authorized

    to

    issue

    guidelines

    through

    memorandum

    circulars

    implementing

    or

    interpreting

    this

    Rules,

    provided

    that

    the

    provisions

    of such

    memorandum

    circulars

    shall

    not

    be

    inconsistent

    with or

    go

    beyond

    the

    provisions

    of

    this

    Rules.

    SECTION

    15, Repealing

    Clause.

    Executive

    Committee

    Resolution

    No.

    01,

    Series

    of

    2007

    (Amending

    the

    Delineation

    of

    Authority

    to

    Approve/Disapprove

    Applications

    for

    Extension

    of

    Time to

    Develop

    Subdivision

    and

    Condominium

    Projects)

    is

    hereby

    revoked.

    All other

    HLURB

    resolutions,

    rules and

    regulations,

    memoranda,

    circulars,

    guidelines

    and

    similar

    official

    issuances

    on the

    time of

    completion

    of subdivision

    and

    condominium

    projects,

    and all other

    projects required

    by

    law

    to

    be

    registered with

    the

    HLURB, that are

    inconsistent

    herewith are

    hereby

    repealed.

    SECTION

    16.

    Separability

    Clause.

    The

    provisions

    of

    this

    Rules

    are

    hereby

    declared

    separable,

    and

    in

    the

    event

    that any

    provision

    herein

    is

    declared

    null

    and

    void,

    the

    validity of

    all

    other

    provisions

    shall

    not

    be

    affected

    thereby.

    PageG

    "rrW

  • 8/18/2019 HLURB BR No. 926

    7/9

    il

    SECTION

    17. Effectivity

    Clause.

    This

    Rules

    shall

    take

    effect

    fifteen

    (15)

    days

    after

    its

    publication

    in the

    Official

    Gazette

    or

    in any

    national

    newspaper

    of

    general

    circulation.

    SECTION

    18.

    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

    bf

    time

    to develop

    that

    is shofter

    than the

    period

    of

    completion

    provided

    in

    the originally

    submitted

    or

    revised

    work

    program

    or

    program

    of

    development

    may appty

    for

    a

    final

    additional

    time

    to

    develop

    and

    complete

    the

    project

    based

    on

    .their

    approved

    or

    revised

    work

    program

    or

    program

    of

    development,

    subject

    to

    existing

    rules

    and

    regulations,

    and

    guidelines

    of the

    HLURB.

    APPROVED,

    this

    l't

    day

    of

    October

    Quezon

    City.

    M. CRUZ

    HUDCC

    Chairman

    AUSTERE

    A.

    PANADERO

    Undersecrehry,

    DILG

    JOSE

    F.

    JUSTINIANO

    Undersecretary,

    DOJ

    c),r

    Dt-

    EMMANUEL

    F.

    ESGUERRA

    Deputy

    Director-General,

    NEDA

    NA

    E.

    ANTONIO

    M.

    BERilARDO

    Chief

    Erecutive

    Officer

    and

    Commissioner

    RIA

    DES

    LINDA

    L. MALENAB-HORNILLA,

    MNsA

    Commissioner

    A.

    r

    Undersecretary,

    DPWH

    ,W'

    Secretary

    PageT

    ot7

  • 8/18/2019 HLURB BR No. 926

    8/9

  • 8/18/2019 HLURB BR No. 926

    9/9

    4.8

    4.5

    4.6

    4.7

    4g

    410

    4.11

    4.12

    4.13

    4.14

    jnto

    commercial

    units,

    including

    all structures

    thereon.

    "Commercial

    Subdivision"

    refers to a

    tract

    or

    parcel

    of

    land

    registered under Act

    No.

    496

    which

    is

    partitioned primarily

    into

    individual

    lots for

    commerclal

    use

    with or

    without improvements

    thereon

    and ofrered

    to

    the

    public

    for sale in

    cash

    or

    in installment

    lerms.

    "Condominium

    Project"

    refers

    to

    the entire

    parcel

    of

    real

    property

    divided

    or to be

    divided

    primarily

    for

    residential

    purposes

    irlto

    condominium

    units,

    including

    all structures

    thereon,

    and

    offered

    to the

    public

    for sale,

    in cash

    or

    in

    installment

    terms.

    "Developer" refers

    to

    any

    person

    who

    develops

    or improves

    the

    subdivision

    project or condominium

    proiect

    for and

    in behalf

    of

    the

    owner thereof.

    "Farmlot

    Subdivision"

    refers

    to

    a subdivision

    project

    primarily

    intended

    for agricultural

    Production,

    with

    a

    minimum

    lot area

    of

    't000

    sq.m.

    ana

    with

    a 257o

    maximum

    allowable

    buildable

    area'

    "lndustrial

    Subdivision'

    refers

    to

    a tract

    of land

    partitioned

    into

    lots

    for iate

    or

    lease

    to

    establishments

    engaged

    primarily

    in

    industrial

    p.Or&on o,

    servrces.

    The degree

    of development

    m€y

    be

    limited

    lo-tfre

    provision

    ol

    utilities

    and

    location

    of

    areas

    for

    industrial

    buildings,

    facilities,

    and amenities,

    or

    it

    may

    also

    include

    the

    provision

    of

    buildirlgs,

    facilities,

    and amenities'

    "Land

    Development"

    refers

    to

    land

    clearing

    and

    grubbing, road

    construction,

    installation

    of

    power afld

    waler

    distribution

    system,

    construction

    of

    drainage

    and

    sewerage

    system

    and

    other

    developmenls

    contained

    in

    the

    approved

    plans

    and/or

    in

    the

    brochure

    and

    advertisement.

    "Memorial Park"

    refers

    to

    a

    privately-owned

    cemetery

    provided

    with a

    systematic

    supervision

    and

    maintenance

    where

    park-lilte

    atmosphere

    is its

    outstanding

    quality.

    "Owner'' relers

    to the

    registered

    owner

    of

    the

    land

    subject

    of

    a

    project.

    An

    owner

    who

    -develops

    a

    project

    by

    himself

    shall

    be

    considered

    as a

    develoPer.

    'Project" refers

    to

    the

    difierent

    real

    estate

    development

    enumerated

    under

    Seclion

    2

    hereof

    which

    are

    required

    by

    law

    to

    be

    registered

    with

    the

    HLURB.

    "Sale"

    or

    "sell"

    shall

    include

    every

    disposition

    or

    attempt

    to

    ai"fo".,

    for a

    valuable

    consideration,

    of

    any

    lot,

    including

    the

    UuiiOing'ana

    other

    improvements

    thereof,

    or

    any

    unit

    in a

    proiect'

    Gle;

    il;

    "sell'

    shali also

    include

    a contract to sell,

    a

    contract

    of

    purchase

    and

    sale,

    an

    exchange,

    an attempl

    to--sell,

    an

    option

    of

    i"t.

    oi

    prr.tt""e,

    a

    solicitation

    of

    a sale,

    or an

    offer

    to

    sell,

    directly

    oi

    uV

    "n

    agent,

    or by

    a

    circular'

    letter,

    advertisement

    or

    otherwise'

    A

    privilege

    given

    to

    a

    member

    of a.

    cooperative,

    corporation'

    Dartnership,

    or any

    assoclalion

    and/or

    the

    issuahce

    of

    a certificate

    ;;r;";'pi;;id""c'ing

    or

    siving

    the

    right

    of-participation

    in'

    or right

    i.,

    ""V

    6nO

    in consilerdtion

    of

    payment

    of

    the

    membership

    fee or

    aru",if,"tt

    be

    deemed

    a sale

    within

    the

    meaning

    ol

    this

    definition'

    4.15

    "subdivision Proiect"

    shall

    mean

    a

    tracl

    or

    a

    parcel

    of

    land

    registered

    under

    Act

    No.

    4g6,

    as

    amended

    by Presidential

    Decree

    ru6.

    tSZg,

    which

    is

    partitioned

    primariry

    for

    residenlial

    purposes

    into individual

    lots

    with

    or without

    improvements

    thereon'

    and

    offeredtothepublicforsale,incashorininstallmentterms.ltshall

    includeallresidential,commercial,industrialandrecreational

    areas

    as

    well as

    open

    spaces

    and

    other

    community

    and

    public

    areas

    in

    the

    Project.

    4.16

    "Time

    of

    Completion"

    refers

    to the

    perlod

    of

    time

    fixed

    by

    the

    HLURB

    within

    which

    the

    owner

    or

    developet

    shall

    develop

    and

    complete

    the

    project.

    including

    the

    construction

    and

    provision of

    facilities,improvementsandotherformsofdevelopment'including

    water

    supply

    and

    electrical

    facility'

    AllotherwordsasmaybeusedinthisRulesshallbeintemretedin

    accordance

    with

    their

    normal

    and

    popular usage

    and

    meaning'

    Section

    5,

    Time of

    Completion

    of the

    Project'

    Within

    one

    year

    from

    the

    Jate

    ot

    the issuance

    of the

    license

    for

    the

    proiect

    or such

    other

    period

    of tirne

    asmaybeiixedbyHLURBinaccordancewithilsrulesandguidelines,every

    o*n"io,

    developlr

    shall

    construct

    and

    provide the

    facilities,

    improvements,

    infrastructures

    and

    other forms

    ol

    development, including

    water

    supply

    "nJ

    uf"ari""f

    facilities,

    which

    are

    offered

    and

    indicated

    in the

    approved-

    pioje.t

    pfrn",

    brochures,

    prospectus'

    printed matters,

    letters

    or any

    form

    of

    advertisement.

    Ssctlon

    6,

    Additlonal

    Period

    of

    Time

    to

    Complete'

    No

    extension

    or

    additionat

    period

    of

    time

    may be

    granted to develop

    and

    complete

    the

    prolect

    ,nt"""

    srit

    failure

    or inauitity

    of

    the

    owner

    or developer

    to

    complete

    the

    project

    within

    the

    original

    period

    is caused

    by:

    developer

    as

    provided

    under Sections

    11

    .

    12 and

    1

    3

    hereof'

    Section

    11.

    Suspension

    of the

    License

    to

    Sell

    and

    lssuance

    of

    Cease

    and De8ist

    order.

    The license

    to sell

    of

    the

    project shall

    be

    suspended

    and

    the owner

    or

    developer

    shall

    be

    prohibited from

    further

    selling

    any

    of the

    project's lots or units

    in case

    of non-completion

    of

    the

    proiect

    as

    provided

    under

    Section

    10

    hereof.

    A

    cease

    and

    desist

    order

    (CDO)

    shall

    likewise

    be issued

    enjoining

    the

    owner

    or developer

    from

    advertising

    the

    project

    and

    collecting

    any

    amortizatlon

    payment

    from

    any

    buyer

    who

    is affected

    by

    the

    non-completion

    of the

    Project.

    section

    l2.Admir.ristrativo

    Fines

    and sanctions.

    ln case

    of

    non-completlori

    of the

    project

    within

    the

    time

    fixed by

    the

    HLURB,

    an admlnistrative

    fine

    shall

    be

    imposed

    in accordance

    with the

    existing

    rules

    and

    guidelines

    of the

    HLURB.

    AllfinesimposedinthisRulesshallbepayabletoHLURBandenforceable

    through

    Wriis

    of

    execution

    in accordance

    with

    the

    provisions of the

    HLURB's

    iiur.Jof

    procedure.

    Such

    fines

    shall

    be in

    addition

    to other

    administrative

    sanctions

    that

    may

    be

    imposed

    by

    the HLURB-

    section

    13.

    Penalty

    clause.

    In addition

    to

    the

    imposition

    of administrative

    oioni"ion.

    of thie

    Ruies

    shall

    be

    penatized in accordance

    with

    Section

    i2

    [i-e.O.

    fl..

    64g

    and

    Section

    3b

    lAOministrative

    Fines)

    and

    Section

    39

    (Penalties)

    of

    Presidential

    Decree

    No.

    957

    The

    rights

    and

    remedies

    provided

    in this

    Rules

    ?.h?l

    bt

    in addition

    to

    any

    "na

    ,iioir,"t

    rights and

    remedies

    that

    may

    be available

    under

    existing

    laws'

    SECTION

    14.

    Authority

    to

    tssue

    Guidetines

    and

    Circulars

    The

    Chief

    Ei""ut,r.

    oflicer

    of

    HLURB

    is

    hereby

    authorized

    to issue

    guidelines

    through

    ,"."i""0m

    circulars implementing

    or

    interpreting

    this

    Rules'

    provided

    that

    tne

    frovisions

    of

    such

    memorandum

    circulars

    shall not be

    inconsrstent

    wilh

    or

    go

    beyond

    lhe

    provisions of this

    Rules'

    SECTTON

    15.

    Repealing

    Clause.

    Execulive

    Committee

    Resolution

    No

    01'

    5"ri".

    oi ZOOZ

    (Rmendirt

    tne

    Delineation

    of

    Authority

    to

    Approve/Disapprove

    6;li;"til";

    toi Ertensioi

    of

    lime

    to

    Develop

    Subdivision

    and

    Condominium

    i{,i;;Gt

    i;

    hereby

    revoked

    All

    other

    HLURB

    resolutions'

    rules

    anrl

    ;dll;6r.,

    riremoranda,

    circulars,

    guidelines and

    similar

    official

    issuances

    o-rith.

    ti*.

    of

    completion

    of subdivision

    and'condominium

    projects..and

    all

    ;il;;;;J."C

    t

    quit

    d bv

    law

    to

    be

    registered

    with

    the

    HLURB'

    that

    are

    inconsistent

    herewith

    are

    hereby

    repealed'

    sEcTloNl6'SeparabilityClause'TheprovisionsofthisRulesarehereby

    ;;i;;;;;t

    -dre,

    ana

    i-n

    the

    event

    that

    anv

    provision

    herein

    is

    declared

    nullandvoid,thevalidityofallotherprovisionsshallnotbeaffectedthereby'

    sEctloN

    17.

    Effectivity

    clause.

    This

    Rules shall take effect

    fifteen

    (15)

    O"V"

    "n"t

    its

    publication in

    the

    Official

    Gazette

    or

    in any

    national

    newspaper

    of

    general

    circulation.

    sEcTloNls.TransitoryProvision.Withinninety(90)daysfrom.the

    "tt*ii"ity

    of-ttit

    Rrl"t,-all

    on-going qroiegf

    with

    an

    original

    fixed

    or

    il;;

    period

    of

    completion

    orlxtension

    of

    time

    to

    develop

    that

    is shorter

    iiiJ"inu

    p"iioo

    of

    completion

    provided

    in

    the

    originally

    submitted

    or revised

    work

    program

    or

    program of development

    may

    apply

    for

    a final

    additional

    iirJ'[

    o":r"i"p

    arro

    c6mptete

    the

    project

    basedon

    their

    approved

    or.rerrised

    work

    program or

    program

    of

    development,

    subject

    to

    existing

    rules

    and

    regulation ,

    and

    guidelines of

    the

    HLURB'

    APPROVED,

    this

    1"tday

    of

    October

    2015'

    Quezon

    City'

    ll 4

    ifi"/^-t

    cHtfo

    M.

    cRUz

    HUDCCChairman

    r/

    |

    '

    iL"ul-u'"'/u

    AUSIERE

    I" PAIIADERO

    Undersecretary,

    DILG

    losE

    F.

    JuSTlHIArlO

    Unde6€tretary,

    DOI

    r)t'-

    c)1-

    EI{IiANUEL

    F, ESGUERRA

    Deou-ty

    Dlrcctor'General,

    NEDA

    E.

    tHTOilIO

    lrl.

    BERI{ARDO

    Chief

    Ev.ecuti\e

    0ffice'

    a:id

    Comnrissiorrer

    A,.

    LII{DA

    L

    l.lAfEt{AB-HoRtlILLA,

    Fr..rsA

    Commissbner

    t****"

    w'