Beruflich Dokumente
Kultur Dokumente
B.R. No.No.
B.R. 933932
S. of
S. 2015
of 2015
(January 28, 28,
(January 2015)
2015)
DEVELOPERS’
SUSPENDING THE
PARTICIPATION
REQUIREMENT
IN LAND
OF PRIOR
DEVELOPMENT
APPROVAL
ANDFOR
HOUSING
ADVERTISEMENTS
CONSTRUCTION
TO BEIN
CMP PROJECTS
PUBLISHED
AS MODEINOF
PERIODICALS
COMPLIANCE WITH
SECTION 18 OF REPUBLIC ACT NO. 7279
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
NON-FORFEITURE OF PAYMENTS
(Section 23, PD 957)
Upon PERFORMANCE
notice, buyer may BOND
desist payment upon
failure of the owner/developer
(Section 6, PD 957) to develop the
project according to the approved plans and
within the period fixed by HLURB
NON-FORFEITURE
REMOVAL OFOF PAYMENTS
THE
TEMPORARY LICENSE 957)
(Section 23, PD TO SELL
(Section 5, PD 957)
PERFORMANCE BOND
(Section 6, PD 957)
Every owner
Real estateor developer
developers shall
who, construct
in the course of and
provide thebusiness,
their facilities, infrastructures
extend credit through and other forms
installment
of development,
or deferredincluding water
payment sale supply
shall and lighting
be deemed
facilities,aswhich
“Credit-Granting Entities”
are offered (CGEs)
and indicated in the
approved TIME OF COMPLETION
subdivision or condominium plans,
Registration of CGEs’ lending or financing
brochures, prospectus, printed matters, letters or
activity with the BSP to ensure compliance
in any form with
of advertisement, within
the Truth in Lending Act one (1) year
from the date of the issuance of license to sell for
the subdivision or condominium project or such other
Requirement and format of disclosure, including
period of time as of
manner may be fixed
computing of by the [Authority].
interest
TIME OF COMPLETION
Current Issues
P.D. No.and
957Concerns
MainSection
on Time
20. Time
Features of the
of Completion
of Completion
Revised Rules
BOARD RESOLUTION NO. 926
SERIES OF 2015
Every owner Nooruniformity
developer in fixing
shall the
construct and
REVISED
provide project’sRULES
IMPLEMENTING
the facilities, period of completion
AND REGULATIONS
infrastructures and other TO GOVERN
forms
THE TIME OF COMPLETION OF SUBDIVISION AND CONDOMINIUM
of development, including water supply and lighting
PROJECTS UNDER PRESIDENTIAL DECREE NO. 957, OTHERWISE
KNOWNfacilities,
AS “THE which
Extensions are of
SUBDIVISIONoffered
time
AND and indicated
granted as a in BUYERS’
CONDOMINIUM the
approved
PROTECTIVE subdivision
matter
DECREE” ofAND
course
ALLorOTHER
condominium
because of theplans,
PROJECTS REQUIRED
brochures, prospectus,
BY LAW TO practice
BE printed
of fixing
REGISTERED thematters,
WITH time
THE of letters
HOUSING ANDor
in any formLANDof advertisement,
completion within
on an annual
USE REGULATORY one (1) year
basis
BOARD
from the date of the issuance of license to sell for
Approved
the subdivision on Octoberproject
or condominium 1, 2015or such other
Developers invoke the grant of ETD
Published
period of against on
time as buyers January
may beto fixed 30, 2016
by the [Authority].
be exempt from
Effective on February 14, 2016
liabilities under Sec. 23 of P.D. No. 957
2015 Rules
2015and
Rules
Guidelines
and GuidelinesGeneral Rules
on Time TIME
on OF
ofTime ofCOMPLETION
Completion
Completion and Guidelines
Scope of Application
Main Features ofCIRCULAR
MEMORANDUM the Revised NO.Rules
02
SERIES OF 2016
Requirement to secure Certificate
Unbundling of the periods of completion
GUIDELINES ONof
forCompletion
BOARD for Land
land RESOLUTION
development Development
and
NO. completion
926, SERIES OF 2015 OR
(COCLD)
THE REVISED IMPLEMENTINGand of
and delivery optional
housing
RULES issuance
component
AND of
REGULATIONS TO
GOVERN THECertificate
TIME OF of CompletionOF
COMPLETION forSUBDIVISION
Housing AND
CONDOMINIUM PROJECTS Component
Period ofUNDER (COCHC)
completion for land DECREE NO.
PRESIDENTIAL
957, OTHERWISE KNOWN based
development AS “THE on SUBDIVISION
submitted AND
CONDOMINIUMAdditional
BUYERS’ period
program to complete
PROTECTIVE
of development the AND ALL
DECREE”
project
OTHER PROJECTS may only
REQUIRED BYbe granted
LAW TO BEinREGISTERED
meritorious
WITH THE HOUSING
Date of AND or exceptional
LAND
completion USE casesof BOARD
andREGULATORY
delivery
housingon
Effective unit purchased
February 15,based
2016 on
contract to sell or purchase agreement
2015 Rules and Guidelines General Rules
on Time of Completion and Guidelines
DutyScope of Application
To Complete
DefinitionThe Project
Within The Fixed Period of Completion
SUBDIVISION PROJECTS
Time of Completion
All subdivisions, including residential,
commercial, farmlot,
The period of and industrial
time fixed subdivisions
by the HLURB within
which the owner or developer shall develop and
CONDOMINIUM PROJECTS
complete the project, including the construction
and provision of facilities,
All condominiums, improvements
including and other
residential
forms of and
development,
commercial including water supply and
condominiums
electrical facility.
SIMILAR PROJECTS
Any other similar projects, including
cemeteries, memorial parks, and columbaria
2015 Rules and Guidelines General Rules
on Time of Completion and Guidelines
PeriodAllowances
of Completion
and for
Contingencies
Land Development
In the Work Program
primarily based on the work program or
program
The of development
work program submitted
or program for approval
of development shall
consider
period and provideto
of completion for
bea fixed
reasonable allowance
shall consider forof
level
possible delayat
development inthe
thetime
project development
of issuance due toto
of license work
sell
interruptions or temporary suspensions brought about by:
Subdivision
Condominium
Amenities
Amenities
and Facilities
Restrictive
Statement Grounds
of the Date for the Grant
of Completion
of Additional Time of Completion
FORTUITOUS EVENTS
SUB-SOIL CONDITIONS
SUB-SOIL CONDITIONS
Existence of sub-soil condition[s];
FORTUITOUS
Discoverable only afterEVENTS
actual
excavation works in the project; and
LAWFUL ORDERS
FORTUITOUS EVENTS
1 Independent of the will of the owner or developer
2 Unforeseeable or unavoidable
Causes:
(i) Damage to the on-going project
that requires reconstruction; or
3 (ii) Delays which are directly
attributable to the event; and
Renders its completion within the original
approved period impossible in a normal manner
Restrictive
MEGAWORLD Grounds
GLOBUS for
ASIA, the Grant
INC., v. TANSECO
of Additional
G.R. Time
NO. 181206, of Completion
OCTOBER 9, 2009
LAWFUL ORDERS
attributable
within SIXTYto any
(60) fault,
DAYS mistake,
from or or
receipt negligence
knowledge
1
3 on the part
thereof, of the owner
the owner or developer;
or developer or in writing,
shall have,
notified the RFO of such issuance
2 due to any dispute between the owner and developer
in the development and completion of the project
2015 Rules and Guidelines Additional Time
on Time of Completion Of Completion
New Procedure
MEGAWORLD for Application
GLOBUS ASIA, INC., v. TANSECO
and
G.R. Grant
NO. of Additional
181206, OCTOBERTime9, 2009
REQUIREMENTS
CRISISBond or Security
APPLICATION
THE ASIAN
Sworn
1The Courtapplication
cannot by the for
All applications
generalize owner
the or developer,
additional
1997 time financial
Asian
stating the
Additional grounds
ofperiod ofor
completion reasons
time shall
shall only with
be filed be granted
the upon
crisis to be unforeseeable and beyond the control of
posting
Proof ofofnotice
2a business a new
RFO tobond
whereall the
corporation. oror
lot security
project in accordance
or owners with
is registered
unit buyers
the existing rules and guidelines of the HLURB
3A real
Supporting pictures or
estate enterprise documents,
engaged in theif pre-selling
any
of condominium units is concededly a master in
In cases falling under Sub-Soil Conditions, a sworn
4 statementon
projections bycommodities and currency
a licensed engineer attesting movements,
to the
as existence
well as business risks. condition
of the sub-soil
Revised work program with computation of
5The fluctuating movement of the Philippine peso
the foreign
in the remaining cost of completion
exchange market is anduly signed
everyday
or sealed by
occurrence, a licensed
hence, not anengineer
instanceorof
architect
caso fortuito.
Megaworld’s excuse for its delay does not thus lie.
2015 Rules and Guidelines Additional Time
on Time of Completion Of Completion
PERIODS
REQUIREMENTS
TO APPLY
1 1Sworn
Underapplication
“Sub-Soil Conditions”,
by the owner within
or developer,
stating
sixty the
(60)grounds
days from
or reasons
discovery thereof
2 Under
Proof “Fortuitous
of notice to all Event”, within
lot or unit sixty
buyers or(60)
owners
days prior to the expiration of the approved
3 Supporting
original time pictures or documents,
of completion, provided if any
however
2 that if such occurrence shall fall within the last
Insixty
cases falling
(60) days under
of theSub-Soil
approvedConditions,
period of a sworn
4 statement by a licensed engineer attesting to the
completion, the application shall be filed within
existence
sixty (60)ofdays
the sub-soil
from thecondition
occurrence thereof
Revised work program
Under “Lawful Order”,with computation
within of
sixty (60) days from
5
3the remaining
receipt cost of completion
or knowledge of the orderduly
or signed
issuance
orlifting
sealed byenjoinment
the a licensed engineer
or stoppageor architect
of development
2015 Rules and Guidelines Additional Time
on Time of Completion Of Completion
PERIODS TO APPLY
Under TO
1 NOTICE “Sub-Soil
LOT OR Conditions”,
UNIT BUYERS within
sixty (60) days from discovery thereof
Any
Underowner or developer
“Fortuitous applying
Event”, within for additional
sixty (60)
time of completion shall notify all lot
days prior to the expiration of the approvedor unit buyers
or owners
original of of
time its completion,
intent to apply for additional
provided howevertime
2 to complete
that the development
if such occurrence of the
shall fall project.
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
Under “Lawful Order”, within sixty (60) days from
3 receipt or knowledge of the order or issuance
lifting the enjoinment or stoppage of development
2015 Rules and Guidelines Additional Time
on Time of Completion Of Completion
Issuance of Certificates
Fees
of Completion
Issuance of Certificates
of Completion
CERTIFICATE
DUTY TO MAINTAIN
OFOF
CERTIFICATE COMPLETION
UNTIL
COMPLETION
FOR HOUSING
DONATION
FOR COMPONENT
OR TURNOVER
LAND DEVELOPMENT (COCHC)
(COCLD)
Upon
The completion
issuance,
Upon ofof
the
however,
completion thehousing
of component,
a COCLD
project’s shall not a
land
separate
relieve theCertificate
owner
Development, the of Completion
orowner
developer of theforobligation
or developer Housing
shall
Component
to maintain
apply (COCHC)
the roads,
for issuance may
of alsosidewalks,
alleys, be issued.
Certificate playgrounds,
of Completion
amenities, facilities, improvements,
for Land Development (COCLD) from infrastructures
the RFO
or other forms of developments represented or
If upon ocular
promised inspection
in brochures, the project is
advertisements found
and other
to have
sales been completed
propaganda in accordance
until proper donation orwithturnover
the approved time of completion, a COCLD
shall be issued in accordance with the existing
rules and guidelines of the HLURB.
2015 Rules and Guidelines Relief,
Certificates
Sanctions
on Time of Completion of
andCompletion
Penalties
Issuance of Certificates
Buyers’ Remedies in Case
of Completion
Of Non-Completion
CERTIFICATE OF COMPLETION
FOR HOUSING COMPONENT (COCHC)
Upon completion of the housing component, a
separate Certificate of Completion for Housing
Component (COCHC) may also be issued.
2015 Rules and Guidelines Relief, Sanctions
on Time of Completion and Penalties
Suspension
Applications of– License toField
Regional Sell
Office
CDO – Selling
Appeal – / Advertising
Supervising/
Collecting Installments
Commissioner
2015 Rules and Guidelines Relief, Sanctions
on Time of Completion and Penalties
Repealing Clause
Transitory Provision
www.hlurb.gov.ph
09176273784
Thank you and visit us at
www.hlurb.gov.ph
09176273784