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Office of the President Housing and urban development coordinating council Housing and Land Use Regulatory Board. National Real Estate Association, Inc. (NREA) “Philippine Real Estate and Local Governance” “Program and Policy Innovations in Shelter Planning and Regulations ”

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slide1

Office of the President

Housing and urban development coordinating council

Housing and Land Use Regulatory Board

National Real Estate Association, Inc.

(NREA)

“Philippine Real Estate and Local Governance”

“Program and Policy Innovations in

Shelter Planning and Regulations”

By: Atty. Antonio M. Bernardo

Chief Executive Officer and Commissioner

Ayala Hall, Makati Sports Club

Leviste St., Salcedo Village, Makati City

20 September 2012

slide2

Office of the President

Housing and urban development coordinating council

Housing and Land Use Regulatory Board

HLURB Primary Mandates

slide3

HLURB Mandates

A. PLANNING: (EO 648; EO 72; RA 7279)

Formulate guidelines for Comprehensive Land Use Plans.

Render technical assistance to LGU’s in CLUP preparation and to members of Provincial Land Use Committee (PLUC) and Regional Land Use Committee (RLUC) in CLUP review.

Review and ratify CLUPs of Highly Urbanized Cities (HUCs), Independent Component Cities (ICCs), Metro Manila cities and Provincial Physical Framework Plans (PPFPs).

slide4

HLURB Mandates

A. PLANNING: (EO 648; EO 72; RA 7279)

Install an information system to monitor changes in the actual use of land resources and the implementation of CLUPs by LGUs.

Update and revise the National Urban Development and Housing Framework.

Train LGUs in subdivision plan approval and zoning enforcement.

slide5

HLURB Mandates

B. REGULATION :

(EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26));

Register and license residential and non-residential subdivision projects.

Issue development permits for condominium and columbarium projects.

Monitor development and construction of registered / licensed projects.

slide6

HLURB Mandates

B. REGULATION :

(EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26));

Update and revise rules, guidelines and standards on housing and real estate.

Approve Master Deed and Declaration of Restrictions of condominium project, and any amendment or revocation thereof decided upon by a simple majority of all registered owners (concurrently with City or Municipal Engineer).

Issue Locational Clearances for projects considered to be of vital and National or Regional Economic or Environmental significance.

slide7

HLURB Mandates

B. REGULATION :

(EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26));

Register and supervise HOAs.

Register real estate brokers, dealers and salesmen engaged in selling lots or units in projects under HLURB jurisdiction.

slide8

HLURB Mandates

C. ADJUDICATION : (EO 648; RA 9904, 8763 (Sec. 26))

Hear and decide disputes between subdivision lot or condominium unit buyer and developer.

Resolve intra- and inter-homeowners associations disputes.

Decide on appeals from decisions of local zoning bodies.

slide9

“Philippine Real Estate and Local Governance”

“Program and Policy Innovations in Shelter Planning

and Regulations”

slide10

HLURB Mandates and

Major Activities for 2012

  • Planning
    • CLUP Zero Backlog Program
    • Revision of guidelines to include climate change adaptation and disaster risk reduction measures, forest and coastal land use planning, biodiversity concerns and heritage conservation in the CLUP
slide11

HLURB Mandates and

Major Activities for 2012

  • Regulation
    • ISO Certification of HLURB’s Licensing Process
    • Review of IRR of various sections of P.D. 957
    • Review of Section 18 of R.A. 7279 (UDHA)
    • Drafting of Code of Ethics for HOA Officers
    • Drafting of pro-forma HOA forms (Articles of Incorporation, Bylaws, etc.)
    • Strengthening of monitoring function
    • Review of Schedule of Fines
slide12

HLURB Mandates and

Major Activities for 2012

  • Adjudication
    • Legal Monitoring System
    • Arbiters Evaluation System
    • Digital compilation of HLURB Board of Commissioners decisions
slide13

“Program and Policy Innovations in Shelter Planning and Regulations”

  • ISO Certification of Licensing process.
  • Review and formulation of clearer and more comprehensive IRRs.
  • CLUP Zero Backlog Program.
  • Legal Monitoring System and Arbiters Evaluation System.
  • Digital compilation of HLURB Board of Commissioners decisions.
  • Setting up of Liaison Desk Offices in various regions without HLURB Field Offices.
slide14

“Program and Policy Innovations in Shelter Planning and Regulations”

7. Re-designing of website for more accessible information, statistics and downloadable forms.

8. Recognition of investors contributions to over-all housing initiatives.

9. Continuing dialogue with stakeholders including consultations on formulation of major policies and rules.

10. Balancing of interests between developers/owners business/profit objectives and buyer’s rights/protection.

slide15

ISO Certification of HLURB Licensing Process

What’s the plan?

  • Licensing process in the ENCR Field Office.
  • ISO Certification will mean:
    • That the licensing process complies with international standards in the delivery of services;
    • That end user can expect a dependable, high quality service; and,
    • That there will be high customer satisfaction.
slide16

ISO Certification of HLURB Licensing Process

What has HLURB done so far?

Initiated talks with TUV SUB PSB Philippines;

HLURB already accomplished questionnaire;

Secured a copy of ISO 9001 from Department of Trade and Industry (DTI) Public Accreditation Office (PAO);

Received and currently evaluating business proposal; and,

TWG prepared budget proposal for HLURB Board approval.

slide17

Review and formulation of clearer and more comprehensive IRRs

  • Amended IRR governing Section 18 of R.A. 7279 of the Urban Development and Housing Act (UDHA) of 1992:
    • Additional modes of compliance;
    • Socialized Housing project is now allowed elsewhere in the Philippines.
  • II. Formulation of Revised IRRs of various Sections of P.D. 957
slide18

Formulation of Revised IRR of PD 957

(for the following Sections)

  • Section 6: Performance Bond
  • Section 7: Exempt Transaction
  • Section 8: Suspension of License to Sell
  • Section 9: Revocation of Registration Certificate and License to Sell
  • Section 10: Registration of Subdivision Lots and Condominium Units
  • Section 11: Registration of Dealers, Brokers and Salesmen - Joint Statement with PRB-RES
  • Section 12: Revocation of Registration of Dealers, Brokers and Salesmen
  • Section 15: Take-over Development
  • Section 17: Registration
  • Section 18: Mortgages
slide19

Formulation of Revised IRR of PD 957

(for the following Sections)

  • Section 19: Advertisements – with on-going discussion with Advertisement Standards Council for possible MOA
  • Section 20: Time of Completion
  • Section 22: Alteration of Plans
  • Section 23: Non-forfeiture of Payments
  • Section 24: Failure to Pay Installments
  • Section 25: Issuance of Titles
  • Section 27: Other Charges
  • Section 28: Access to Public Offices in the Subdivision
  • Section 29: Right-of-Way to Public Road
  • Section 30: Organization of HOA
  • Section 31: Donation of Roads and Open Spaces to Local Government
  • Section 32: Phases of Subdivision
  • Section 34: Visitorial Powers
slide20

CLUP Zero Backlog Program

  • Aims to formulate/update CLUPs of all LGUs by end of 2013;
  • Adopted cluster approach to CLUP formulation/updating;
  • Fast-tracks CLUPs and ZOs preparation; and,
  • Updated CLUPs will identify more current and appropriate land use for different areas in LGUs
slide21

CLUP Zero Backlog Program

Target (Without CLUP + Outdated)

1,132

2012 Targets 886

2013 Targets 246

slide22

Legal Monitoring System and Arbiters’ Evaluation System

  • Efficient case management;
  • Hasten case disposition;
  • An application to keep track of the following: tasks, persons assigned, periods to accomplish and work deadlines;
  • Covers aspects of adjudication process from filing of complaint until execution;
slide23

Legal Monitoring System and Arbiters’ Evaluation System

  • Improve coordination between arbiters and paralegal staff;
  • Complement the expediency achieved by the Revised HLURB Rules of Procedures; and,
  • Adherence to the transparency and social accountability principles.
slide24

Digital compilation of HLURB Board of Commissioners decisions

  • Compilation of decisions in DVD format;
  • Decisions issued by HLURB covering the period 2009 to 2011;
  • Ensure consistency and promote transparency in reaching decisions on appealed cases;
  • Guide to law practitioners who specialize in subdivision and HOA cases;
  • Updates annually; and,
  • User-friendly courtesy of a desktop software called “Copernic”.
slide27

Re-designing of HLURB Website for more accessible information, statistics and downloadable forms

Easy access and navigation;

All information, policies, guidelines, resolutions , IRRs and other issuances are made available in portable document format (.pdf);

slide28

Re-designing of HLURB Website for more accessible information, statistics and downloadable forms

  • Downloadable forms; and,
  • License to Sell statistics.
slide29

Re-designing of HLURB Website for more accessible information, statistics and downloadable forms

www.hlurb.gov.ph

slide30

Recognition of investors’ contributions to over-all housing initiatives

  • Recognize private real estate developers, financial institutions and other stakeholders that has helped improve the quality, choice and affordability of housing.
slide31

Continuing dialogues with stakeholders including consultations on formulation of major policies and rules.

  • Philippine Association of Realtors Boards – Marikina Valley Real Estate Board
  • (PAREB-MVRB)
  • Real Estate Brokers Association of the Philippines
  • (REBAP)
  • The Philippine Federation of Real Estate Service Professionals Inc.
  • (PFRESPI)
  • Organization of Socialized Housing Developers of the Philippines
  • (OSHDP)
  • United Architects of the Philippines
  • (UAP)
  • Philippine Real Estate Festival
  • (PREF)
  • Subdivision and Housing Developers Association
  • (SHDA)
  • Asian Institute of Management
  • (AIM)
  • Chamber of Real Estate & Builders’ Associations, Inc. (CREBA)
  • National Real Estate Association, Inc.
  • (NREA)
slide32

Continuing dialogues with stakeholders including consultations on formulation of major policies and rules.

  • Participatory approach;
  • Shared expertise;
  • Harmonize conflicting policies; and,
  • Open Communication
slide33

Balancing of interests between developers/owners’ business/profit objectives and buyers’ rights/protection

Buyer

Developer