Honsin!! and Urban Development Coordinating Council HOUSING AND LAND USE REGULATORY BOARD ALL CONCERNED

Transcription

1 Republic of the Philippines Office of the President Honsin!! and Urban Development Coordinating Council HOUSING AND LAND USE REGULATORY BOARD HLURB MEMORANDUM CIRCULAR NO. or; Series of 2013 ( ~u~~y ) TO FROM SUBJECT ALL CONCERNED THE COMMISSIONER AND CHIEF EXECUTIVE OFFICER GUIDELINES FOR SECTION 4.4 [PARTICIPATION IN THE COMMUNITY MORTGAGE PROGRAM (CMP)] OF THE REVISED IMPLEMENTING RULES AND REGULATIONS TO GOVERN SECTION 18 OF REPUBLIC ACT NO Pursuant to Section 7 of the Housing and Land Use Regulatory Board (HLURB) Resolution No. 890, Series of 2012, or the Revised Implementing Rules and Regulations (IRR) to Govern Section 18 of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (UDHA), the following guidelines are hereby issued: RULE I GENERAL PROVISIONS Section 1. Objective. These guidelines aim to provide a uniform application, interpretation, usage, and implementation of Section 4.4 of Board Resolution No. 890, Series of Section 2. Scope of Application. These guidelines shall apply to developers of main subdivision projects complying with Section 18 of UDHA, or the balanced housing development requirement, by participating in the community mortgage program (CMP) of the Social Housing Finance Corporation (SHFC) in an amount equivalent to at least twenty percent (20%) of the total subdivision project cost, as implemented under Section 4.4 of Board Resolution No. 890, Series of Proposed subdivision projects to at or below the prevailing price ceiling for socialized housing, as may be fixed by the Housing and Urban Development Coordinating Council (HUDCC), shall be exempt from the coverage of this Rules. Page 1 of 12 lll..urb Bldg. Kalayaan A venue corner Mayaman Street, Diliman, Quezon City

2 Section 3. Definition of Terms. For purposes of these guidelines, the following terms or words shall, unless the context indicates otherwise, mean or be understood as follows: 3.1 "Asset-Backed Securities" refers to the certificates originated or conveyed by the SHFC in accordance with Republic Act No or the "Securitization Act of 2004". 3.2 "Compliance Certificate" refers to a document that proves that the developer of a main subdivision project has complied with the balanced housing development requirement of UDHA. This compliance certificate is issued by HLURB to the developer of the main subdivision project upon submission of the documents proving the developer's participation in a CMP or a copy of the certificate of subscription or purchase of assetbacked securities together with a copy of the official receipt evidencing payment, in an amount equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project. 3.3 "Community Mortgage Program" refers to a financing window or scheme that is funded by the government through the SHFC and that provides long-term loans to a legally-organized association consisting of the residents of a blighted and depressed community, enabling the association and its qualified members to acquire ownership of or tenurial security on the property and land they occupy. 3.4 "Community Mortgage Program Project" " refers to a housing project financed by or developed or constructed under the community mortgage program of SHFC. A community mortgage program project may be: "Off-Site", where a legally-organized association avails of the CMP and relocates its qualified members to another area to be developed in accordance with Batas Pambansa Big. 220 (BP 220) and its IRR, in order that the living conditions of its members may improve and the latter eventually acquire ownership of or tenurial security on the parcel of land to which they have been relocated; or "On-Site", where a legally-organized association avails of the CMP in order that the living conditions of its qualified members may improve and the latter eventually acquire ownership of or tenurial security on the parcel of land they occupy. Page 2 of 12

3 3.5 "Developer" refers to the person, natural or juridical, who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof. The land owner who develops a subdivision project directly shall be considered as a developer. 3.6 "Land Development'' refers to land clearing and grubbing, road construction, installation of power and water distribution system, construction of drainage and sewerage system and other amenities and facilities included in the approved development plan. 3.7 "Legally-Organized Association" refers to a group of residents of a blighted and depressed community which do not have ownership of or tenurial security on the property or land they occupy and who have formed a homeowners' association duly registered with HLURB for the purpose of applying for CMP. 3.8 "Main Subdivision Project" refers to the proposed residential subdivision project required to comply with the twenty percent (20%) balanced housing development requirement of UDHA, the total subdivision project cost of which shall be the basis for computing such balanced housing development requirement. 3.9 "Participation" refers to the allocation or contribution of the developer of a main subdivision project to a CMP as compliance to the balanced housing development requirement under Section 18 of UDHA "Subdivision Project" refers to a tract or parcel of land registered under the Land Registration Act (Act No. 496), as amended by Presidential Decree No. 1529, which is partitioned 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 "Total Subdivision Project Cost" refers to the total cost of: (i) land based on the zonal value at the time of application for subdivision development permit, (ii) land development, and (iii) housing component construction. RULE II COMPLIANCE Section 4. Manner of Compliance. For purposes of complying with Section 4.4 of Board Resolution No. 890, Series of 2012, the developer of the main subdivision project shall participate in or contribute to a CMP project wherein the Page 3 of 12

4 cost of its participation or contribution shall be equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project. In case of expansion or alteration of the main subdivision project resulting to an increase in the total subdivision project cost, the developer thereof shall be required additional compliance to be computed based on the increase in the total subdivision project cost. Section 5. Modes of Compliance. For purposes of participating in a CMP, the developer may choose any of the following modes: 5.1 Providing a parcel of land to a CMP project; 5.2 Providing and developing a right-of-way or access to roads or public transportation lines to a CMP project or introducing or upgrading of amenities, facilities or other forms of development in an existing CMP project; or 5.3 Subscription or purchase of asset-backed securities originated or conveyed by the SHFC. The developer of the main subdivision project shall be allowed to participate in or contribute only to a CMP project with a Homeowners' Association (HOA) that is currently in good standing with both HLURB and SHFC. In all instances, compliance under Sections 4 and 5 hereof shall be subject to the rules, policies, and guidelines of the SHFC on CMP. Section 6. Provision of Land, Access and Right of Way and Introduction and Upgrading of Amenities and Facilities. The developer of the main subdivision project may be allowed to comply with Section 18 of UDHA under Sections 5.1 or 5.2 hereof by participating in or contributing to a CMP project. The participation in or contribution to a CMP project shall be embodied in a notarized Memorandum of Agreement (MOA) between the developer and the authorized representative of the homeowner's association of the CMP project, with the conformity and approval of the SHFC appearing on the same document. The MOA shall specify the amount of participation in or contribution of the developer of the main subdivision project to the CMP project. Section 7. Subscription or Purchase of Asset-Backed Securities. The developer of the main subdivision project may be allowed to comply with Section 18 of UDHA under Section 5.3 hereof by subscribing or purchasing asset-backed securities originated or conveyed by the SHFC. The certificate or security to be Page 4of12 ~

5 issued evidencing the developer's subscription or purchase shall state its face value or denomination corresponding to the developer's amount of compliance. Section 8. Computation and Allowable Combination of Compliance. In all instances under Sections 6 and 7 hereof, the amount or cost of the developer's participation, contribution, subscription or purchase shall be equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project. Otherwise, it shall not be considered as full compliance. In such a case, the developer may combine one mode of compliance with other allowable modes using the total subdivision project cost as basis for computation of the required compliance. If the developer's participation or contribution is a parcel of land, its prescribed zonal value at the time of application for subdivision development permit of the main subdivision project shall be used in determining the amount of such participation or contribution. Section 9. Minimum Design Standards. The participation or contribution of the developer to an off-site CMP project shall only be allowed as compliance to the balanced housing development requirement of UDHA if the development plan of the CMP project complies with the minimum design standards promulgated pursuant to BP 220, HLURB rules and regulations, and other related laws. Section 10. Compliance Certificate. The compliance certificate is issued by HLURB to the developer of the main subdivision project upon submission of proof of completion of the compliance project in accordance with Section 16 hereof. RULE III APPLICATION FOR CERTIFICATE OF REGISTRATION AND LICENSE TO SELL AND ANNOTATIONS Section 11. Application for Certificate of Registration and License to Sell of the Main Subdivision Project. The developer shall submit the following, in addition to the documents required to be submitted upon the filing of application for certificate of registration and license to sell of the main subdivision project in accordance with the existing IRR under Presidential Decree No. 957 (PD 957) or BP 220: 11.1 A copy of the notarized MOA and a certification issued by SHFC that the HOA of the subject CMP is in good standing; or Page 5 of 12 ~

6 11.2 A certified true copy of the certificate of subscription or purchase of the asset-backed securities mentioned in Section 7 hereof and a certified true copy of the official receipt evidencing payment for such subscription or purchase. Section 12. Publication. Upon receipt of the Notice to Publish from the Regional Field Office (RFO) of HLURB, the developer of the main subdivision project shall cause the publication of the notice of filing of registration statement and the posting of billboard notices at the sites of both the main subdivision project and the CMP project. In addition to the requirements of PD 957 and its IRR or the IRR of BP 220, the notice of filing of registration statement shall likewise include the following: 12.1 The manner of compliance; 12.2 The total cost of the land or the provision or upgrading of right-of-way, access to roads, public transportation lines, amenities, facilities or other forms of development in an existing CMP project; and 12.3 The name and location of the CMP project; or 12.4 The total amount of asset-backed securities purchased or subscribed, the certificate number and date of issuance, and the official receipt number. If the developer of the main subdivision project is combining different modes of compliance in accordance with Section 8 hereof, the other modes and the respective amounts or costs of contribution, participation, purchase, subscription or provision shall likewise be stated in the notice of filing of registration statement. The format of the notice of filing of registration statement is hereto attached as Annex "A". Section 13. Posting of Billboard Notices. The billboard notice required by the IRR of PD 957 to be posted at the site of the main subdivision project shall contain the same text as in the notice of filing of registration statement. The developer shall likewise cause the posting of billboard notice at the site of the CMP project which shall indicate therein that the same is being utilized as compliance to the main subdivision project of the developer and the cost of the participation or contribution of the developer in or to the said CMP project. The format of the billboard notice is hereto attached as Annex "B". Page 6 of 12 O»v

7 Section 14. Submission of Affidavits of Publication and Posting. The developer shall submit the Affidavit of Publication executed by the publisher and the Affidavit of Posting of Billboard Notice/s to the RFO where the main subdivision project is registered. The Affidavit of Posting of Billboard Notices shall state therein the fact of posting of the billboard notices both at the sites of both the main subdivision project and the CMP project and a photograph of each of the billboard notices clearly showing the locations where they are posted shall be attached and annexed to the affidavit. The pro-forma copy of the Affidavit of Posting of Billboard Notices is hereto attached as Annex "C". Section 15. Annotations on and Issuance of the Certificate of Registration and License to Sell. Upon submission of all of the required documents for registration and licensing of the main subdivision project, the RFO shall prepare its CR/LS and cause the annotation of the following on its LS: 15.1 The transfer certificate of title number of the land provided, its zonal valuation, and the CMP project to which the land is being provided; 15.2 The nature and total cost of the provision of land, right-of-way or access to roads or public transportation lines or of the introduction or upgrading of amenities, facilities or other forms of development in the CMP project; or 15.3 The certificate number, date of issue, and amount of the subscription or purchase of the asset-backed securities, and the official receipt number and date of issue. RULE IV COMPLIANCE CERTIFICATE Section 16. Issuance of Compliance Certificate. A compliance certificate shall be issued to the main subdivision project upon full compliance with the balanced housing development requirement of UDHA by the developer, in accordance with the following procedure: 16.1 Upon submission of a copy of the notarized MOA mentioned in Section 6 hereof and a copy of the notarized deed of donation, if the mode of compliance is the provision of land under Section 5.1 or the provision of right-of-way or access to roads or public transportation lines to a CMP project under Section 5.2 hereof; or Page 7 of 12 ~

8 16.2 Upon submission of a copy of the notarized MOA mentioned in Section 6 hereof and of certified true copies of the Fire Safety Inspection Certificate and of the Occupancy Permit or upon inspection and verification proving the completion of the amenities, facilities or other forms of development, as applicable, if the mode of compliance is the introduction or upgrading of amenities, facilities or other forms of development in an existing CMP project mentioned in Section 5.2 hereof; or 16.3 Upon submission of a certified true copy of the certificate of subscription or purchase of the asset-backed securities mentioned in Section 7 hereof and a certified true copy of the official receipt evidencing payment for such subscription or purchase, if the mode of compliance is subscription or purchase of asset-backed securities mentioned in Section 5.3 hereof. If the developer avails of the allowable combination of modes of compliance, the compliance certificate shall only be issued upon completion of all the component modes of compliance. RULEY MONITORING Section 17. Monitoring. The main subdivision project shall be subject to the regular monitoring activity of the RFO where the same is registered. RULE VI SEPARABILITY AND EFFECTIVITY Section 18. Separability Clause. The provisions of these guidelines 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. Section 19. Effectivity Clause. These guidelines shall take effect immediately. For strict compliance and implementation. ANTONIO M. BERNARDO Commissioner and Chief Executive Officer Page 8 of 12

9 ANNEXA NOTICE OF FILING OF REGISTRATION STATEMENT FOR THE MAIN SUBDIVISION PROJECT HOUSING AND LAND USE REGULATORY BOARD (Regional Field Office) Office Address NOTICE Notice is hereby given that OWNER I DEVELOPER has filed with this Office a sworn registration statement for the sale of LOTS/HOUSE AND LOTS in NAME OF MAIN SUBDIVISION PROJECT located at LOCATION and more particularly described as LOT I PSD NO. containing an area of sq.m. and covered by TCT No. The foregoing project is complying with Section 18 of Republic Act No through PROVISION OF LAND. INTRODUCTION OR UPGRADING OF FACILITY OR AMENITY IN A - NAME OF THE CMP PROJECT located at LQCATION OF THE CMP PROJECT or by PURCHASE OR SUBSCRIPTION OF ASSET -BACKED SECURITIES All papers relative thereto shall, upon request and payment of processing fee, be available for inspection during business hours by any person having legal interest thereon. Absent any legal impediment, the above-cited project is deemed registered and a certificate, in evidence thereof, shall forthwith be issued after five (5) days from i:he last day of publication. PLACE OF ISSUE, Regional Officer Page 9 of12

10 PILIPINO VERSION OF NOTICE OF FlUNG OF REGISTRATION STATEMENT FOR THE MAIN SUBDIVISION PROJECT HOUSING AND LAND USE REGULATORY BOARD (Tanggapang Rehional) Lugar ng Tanggapan PAUNAWA Ipinagbibigay-alam na ang MAY-ARI I DEVELOPER ay naghain sa Tangapang ito ng sinumpaang aplikasyon para sa pagbebenta ng mga LOTE I BAHAY AT LOTE sa PANGUNAHING PROYEKTO na matatagpuan sa KINAROROONAN at sinasakop ng LOT IPSD NO. Sa ilalim ng TITULO BLG. Ang nasabing proyekto ay tumutupad sa Seksyon 18 ng Batas ng Republika Big sa pamamagitan ng PAGBIBIGAY NG LUPA, PAGLALAGAY NG PASILIDAD SA CMP [PANGALAN NG CMP RPOJECTJ na matatagpuan sa KINAROROONAN NG CMP PROJECTU o PAGBILI NG ASSET -BACKED SECURITIES. Lahat ng mga kasulatang kaugnay nito ay maaaring suriin ng sinuman na nagtataglay ng legal na interes dito matapos humiling ng pagsusuri at magbayad ng kaukulang halaga sa tanggapang ito. Kapag walang sagabal na legal, ang proyektong nabanggit ay ituturing na rehistrado na at maaari nang bigyan ng sertipiko bilang katibayan nito, pagkalipas ng limang (5) araw mula sa huling paglalathala. LUGAR NG TANGGAPAN. Pinunong Rehional Page 10 of 12 ~

11 ANNEX B BILLBOARD NOTICE MAIN SUBDIVISION PROJECT Name of Project: Owner/Developer: Location: Total Subdivision Project Cost: Compliance Project: ABC SUBDIVISION ABC REALTY & DEVT. CORP. II PROVISION OF LAND TO, RIGHT OF WAY, or INTRODUCING/UPGRADING OF FACILmES, CENTERS, ETC. IN [NAME OF CMP PROJECT] Located at or PURCHASE OF ASSET -BACKED SECURITIES Compliance Cost: CMP PROJECT SITE Project: DONATION OF LAND TO, PROVISION OF RIGHT Of WAY, OR INTRODUCTION or UPGRADING OF [FACILmES/ CENTERS/ AMENITES] at NAME OF CMP PROJECT Location: Project Cost: Main Subdivision Project: Owner I Developer: Location: ~~--- ABC SUBDIVISION ABC REAL TV &. DEVT. CORP. Page 11 of 12 {Jfof-

12 ANNEXC AFFIDAVIT OF POSTING OF BILLBOARD NOTICE FOR THE MAIN SUBDIVISION PROJECT Republic of the Philippines ] ] s.s. AFFIDAVIT OF POSTING OF BILLBOARD NOTICE I,, Filipino, of legal age, with residence and postal address at 'after being sworn in accordance with law, hereby depose and state: 1. That I am the POSffiON of OWNER/DEVELOPER; 2. That said corporation is the owner/developer of NAME OF MAIN SUBDIVISION PROJECT located at LOCATION which is the subject of an application for Certificate of Registration and License to Sell before the Housing and Land Use Regulatory Board (HLURB); 3. That OWNER/DEVELOPER has caused the posting of a 3' X 6' billboard notice in front of the project site in compliance with the requirements of the HLURB; 4. That stated in the said billboard notice are the following: 4.1 Name and location of the main subdivision project: 4.2 Total subdivision cost: 4.3 Modeof Compliance: Pesos: (II ) Provision of land or right-of-way to I Introducing or upgrading of facilities, amenites, etc. in NAME OF CMP PROJECT located at I Purchase of Asset-Backed Securities 5. Photograph of the two billboard notice as posted in front of the project sites are hereto attached as ANNEXES A and B hereof. IN WITNESS WHEREOF, I hereunto affix my signature this_ day of 20 in AFFIANT (NOTARIZATION) Page 12 of12