HLURB BUYER”S GUIDE

Before Buying

1. Check if the Project has a Certificate of Registration and License to Sell.

You should ask the broker/agent of the owner/developer if the project is registered and has a License to Sell issued by HLURB:

* This can be verified at theOn-line Queries/HLURB website (www.hlurb.gov.ph) for the list of projects covered with Certificate of Registration and License to Sell as well as any encumbrance thereon, e.g. Cease and Desist Order, Suspension of License, etc.;

* Or you may visit or call the nearest HLURBRegional Officefor this information.

2. Visit the subdivision/condominium, where the house and lot or condo unit to be purchased is located to know its natural topography, viz: susceptibility to landslide, flooding, erosion, etc.;

If the project is covered with a License to Sell, you may already enter into a Contract with the owner/developer. However, there are things which must be checked:

1. The date of completion of the project as indicated in the License to Sell;

2. If the property is mortgaged, it should have a Clearance to Mortgage from the HLURB;

3. The facilities and amenities represented in the advertisement flyers/ brochures are in accordance with the approved subdivision and condominium plan on file with HLURB.

When Buying

1. Check if the broker/agent is registered with HLURB/DTI;

2. Verify if the property has not been sold to other buyers with the Register of Deeds;

3. Check into your source of income whether you can afford to pay the equity and the monthly installments;

4. Check if the materials of the house or condo unit conform with the development standards and approved construction specifications submitted to HLURB;

5. Check whether the developer would payfor the water and electric meters, the subdivision perimeter fence, etc;.

6. Check who would eventually operate the subdivision/condominium water system.

Before Signing the Contract to Sell

1. Don’t sign any blank form of the Contract;

2. Read thoroughly all the contents of the Contract more especially the terms and conditions in fine print;

3. Secure a copy of the Contract and all other documents that you have signed;

4. Make sure that the Contract would be registered by the owner/developer to the Register of Deeds;

5. Pay directly to the owner/developer or the marketing agent authorized by said owner/developer only; and

6. Ask an official receipt on all payments for your file.

DEVELOPERS GUIIDE

APPROVAL OF CONDOMINIUM PLAN
(DEVELOPMENT PERMIT/CONVERSION APPROVAL/ALTERATION OF PLAN)

Schedule of Availability of Service:

Monday – Friday
7:00 a.m. – 5:30 p.m. (no noon break)

Who May Avail of the Service:

Applicants of Condominium Projects

What are the Requirements:

A. At least 2 sets of Condominium Plan at any of the following scales: 1:200; 1:400; or any scale not exceeding 1:400 duly signed and sealed by a licensed architect:

1.  Site development plan to include parking and parks and playground layout, if applicable.

2.  Floor plan(s)

3.  Sections and elevations

B. At least 2 copies of vicinity map indicating the adjoining land uses, access, as well as existing facilities and utilities at least within 500 meters from the property boundaries of the project, drawn to scale and duly signed and sealed by a licensed geodetic engineer.
C. Building specifications and estimated cost.
D. Zoning Certificate from HLURB Regional Office
E. Certified true copy of DAR conversion order.
F. Certified true copy of Environmental Clearance Certificate (ECC) or Certificate of Non-coverage (CNC) duly issued by the DENR, whichever is applicable.
G. Certified true copy of title(s) and current tax receipt.
H. Right to use or deed of sale of right-of-way for access road and other utilities when applicable.
I. One (1) copy of project study to include the following:

1.  Project profile indicating among others, the development cost, total project cost, amortization schedules, sources of financing, marketability, cash flow, architectural building plans and work program/project time table;

2.  Audited financial statement for the last 3 preceding years;

3.  Income tax return for the last 3 preceding years;

4.  Certificate of registration from Securities and Exchange Commission (SEC);

5.  Articles of incorporation or partnership;

6.  Corporation by-laws and all implementing amendments, and

7.  For new corporations (3 years and below) statement of capitalization and sources of income and cash flow to support work program.

J. Permit to drill from NWRB or certificate of coverage from concerned local franchise holder.
K.Copy of the special/temporary permit from the Professional Regulation Commission (PRC) and of the separate permit from the Department of Labor and Employment (DOLE) for foreign architects who signed on plans required under the Implementing Rules and Regulations of PD 957. (per Board Res. No. 839, series of 2009)
L. List of names of duly licensed professionals who signed the plans and other similar documents in connection with application filed indicating the following information;

1.  Surname

2.  First name

3.  Middle name

4.  Maiden name, in case of married women professional;

5.  Professional licensed number, date of issue and expiration of its validity; and

6.  Professional

Duration:8 days, 3 hours, 30 minutes
Processing Fees:
Development Permit/Conversion Permit
PALC = P 600.00
+ Constructed Building Area (Floor Area) x P 19.20 per sq.m.
+ No. of Levels x 240.00 per level = TOTAL PROCESSING FEE

TOTAL PROCESSING FEE (Payable to HLURB Managers Check or Cashiers
Check) Plus 1% UP Legal Research Fee (Payable to Bureau of Treasury / Cash)

Alteration of Plan
Affected Area x P4.80 per sq. m. = TOTAL PROCESSING FEE

TOTAL PROCESSING FEE (Payable to HLURB Managers Check or Cashiers
Check) Plus 1% UP Legal Research Fee (Payable to Bureau of Treasury / Cash)

APPROVAL OF CONDOMINIUM PLAN
(DEVELOPMENT PERMIT/CONVERSION PLAN/ALTERATION OF PLAN)

Step / Applicant/Client / Service Provider / Duration of Activity / Person in Charge / Fees / Documentary Requirements
1 / Files application for Development Permit with supporting documents / Receives/checks completeness of documents. If incomplete, returns to applicant. / 20 minutes / Records Officer
2 / 1.  If complete, computes processing fee.
2.  Prepares Order of Payment and informs the applicant of the amount to be paid. / 15 minutes
5 minutes / Records Officer
3 / Presents Order of Payment and pays processing fee / 1.  Accepts full payment of processing fee.
2.  Prepares Official Receipt.
3.  Gives Official Receipt to applicant. / 15 minutes / Cashier / Official Receipt
4 / Receives Official Receipt and submits it to Records Officer
5 / Scans submitted documents and endorses to Regional Officer / 1 hour / Records Officer
6 / 1.  Receives and logs documents.
2.  Assigns and indorses documents to Head of PRLD. / 5 minutes
5 minutes / Secretary of the Regional Officer
Regional Officer
7 / Receives documents and assigns documents to evaluator/ processor. / 5 minutes / Head, Planning Registration and Licensing Division (PRLD)
8 / 1.  Evaluates documents submitted.
2.  Notes down additional requirements, if any. / 2 days / Evaluator/ Processor
9 / 1.  Conducts site inspection.
2.  Prepares report. / 1 day / Evaluator/
Processor
10 / 1.  Prepares Notice of Deficiency of requirements for signature of the Head, PRLD.
2.  Reviews and signs Notice of Deficiency. / 10 minutes
15 minutes / Evaluator/ Processor
Head, PRLD
11 / 1.  Receives Notice of Deficiency in requirements.
2.  Submits required documents
12 / Complies with monitoring and adjudication orders / 1.  Requests clearance from Monitoring and Adjudication Division.
2.  If there is pending compliance to existing orders, requires applicant to comply with orders. / 5 minutes
5 days / Evaluator/ Processor
13 / 1.  Prepares and signs Executive Brief.
2.  Prepares and initials Development Permit.
3.  Stamp approves and initials plans. / 1 day / Evaluator/ Processor
14 / 1.  Reviews/evaluates, initials Development Permit and Plans and signs Executive Brief. / 15 minutes
15 / 1.  Reviews and affixes signature on Development Permit/Plans/EB
2.  Receiving/Releasing Officer/ Secretary of the Regional Director forwards Development Permit to Records Officer. / 15 minutes
5 minutes / Office of the Regional Dir.
16 / Releases Development Permit
Gives feedback Form to applicant with instruction to drop it in suggestion box. / 5 minutes / Records Officer
17 / 1.  Receives Development Permit.
2.  Fills out Feedback Form
END OF TRANSACTION

Duration: 8 days, 3 hours, 20 minutes

ISSUANCE OF A CERTIFICATE OF REGISTRATION (CR) AND LICENSE TO SELL (LS) SUBDIVISION/CONDOMINIUM PROJECTS AND OTHER REAL ESTATE PROJECTS

WORKFLOW / TIME FRAME / PROCESSOR / APPROVING AUTHORITY / DOCUMENTARY REQUIREMENTS
1. Files application with supporting documents. / Steps 1 – 5 (1 day) / Applicant / a. Sworn Registration Statement
b. Certified True copy of TCT or Original Certificate of Title (OCT) duly stamped with original marking “Certified True Copy” by the proper Register of Deeds and bearing its seal or security marker
c. Duly audited Balance Sheet
d. Articles of Incorporation , By – laws and latest annual corporate report to SEC
e. A copy of any circular, prospectus, brochures, advertisement or communication used/to be used for public offering of subject project and for circulation upon approval by this Board.
f. Sample copy of Contract to Sell
g. Certified true copy of Environmental Compliance Certificate (ECC)/Certificate of Non – Coverage (CNC)
2. Checks completeness of documents.
1.  If complete, acknowledges receipt of application and logs. Accomplishes transmittal sheet. Forwards to Regional Director’s Office (RDO).
2.  If incomplete, returns to applicant. / Records
Officer

Records
Section
(RO

RS)
3. Receives and logs documents.
4. Indorses documents to Technical Services Group (TSG). / Records Officer Regional Director’s Office (RO – RDO)
5. Receives documents. Assigns documents to processor for evaluation. / Head, Technical Services Group (TSG)
6. Evaluates application based on requirements. Determines compliance to standard and guidelines
1.  If with deviation from standards and guidelines, issues Notice of Deficiency in Requirements. / Steps 6 – 7 (1 – 3 days) / Processor
7. Fills up pro forma Notice to Publish / Processor / h. Zoning Certificate from HLURB Regional Officer
i. Certified true copy of DAR Conversion Order/Exemption Clearance
j. Electrical Plan and Specifications
k. Permit to operate a deepwell/water potability test results
l. Project Study
m. Program of development (bar chart with S – curve, Gantt chart/PERT – CPM, etc.) signed and sealed by licensed engineer or architect indicating work activities, duration and costing
n. Affidavit of Understanding to submit titles (HLURB Form No. __)
o. Duly accomplished and notarized fact sheet
FOR CONDOMINIUM PROJECTS
p. Master Deed with Declaration of Registration and Declaration of Restrictions evidenced by the proper annotation thereof in the title(s) of the property and the certified true copy of such title(s) from the Register of Deeds
q. Building Permit
8. Reviews/evaluates documents and initials. Forwards documents to RDO.
9. Reviews/evaluates documents and signs. / Steps 8

9
(1 day) / Head, TSG
10. Logs out and transmits documents to Records Section (RS) / Steps 10-11 (2-3 Days) / RO – RDO
11. Mails/releases Notice to Publish to the applicant. / 2 – 3 Weeks Mailing / RO

RS
12. Recieves Notice to Publish.
13. Publishes Notice to Publish.
14. Submits Affidavit of Publication. Coordinates with processor/inspector for the scheduled site inspection. / Steps 12 – 13 17 days for PD 957 13 days for BP 220 / Applicant
15. Receives Affidavit of Publication. After two (2) consecutive weeks from the last day of publication, project is deemed registered unless clearance from legal and monitoring group requires compliance to orders issued by the Office. / Steps 15 – 16 (1 – 2 Days) / Processor
16. Conducts site inspection. Determines extent of development. Computes performance bond and processing fee.
17. Accomplishes pro – forma of letter/advice on performance bond and fee.
18. Reviews/evaluates and initials. / Steps 17 – 18 (1 – 2 days) / Inspector
19. Reviews/evaluates documents and signs. / Steps 19 – 20 (1 – 2 days) / Head, TSG
20. Logs out and transmits the documents to Records Section. / RO – RDO
21. Posts performance bond and submits documents certifying performance bond/guarantee from Financing institution. / Steps 21 – 24 (1 day) / Applicant
22. Receives documents and prepares Order of Payment (OP).
23. Pays processing fee / Applicant
24. Receives payment. Prepares Official Receipt (OR). Issues OP and OR to applicant. / Cashier / FOR SUBDIVISION PROJECTS
r. Verified Survey Returns (two copies)
s. Sangguniang Resolution/Ordinance granting of Development Permit/Subdivision Development Plan
t. Certified true copy of resolution conferring authority to the Mayor or other local government official to issue development permit
u. Proof of compliance to Sec. 18 of RA 7279
v. One(1) set of subdivision development plan
IF PROPERTY IS/ARE CURRENTLY MORTGAGED
w. Mortgagee Undertaking (HLURB Form No. _____)
x. Mortgagor Undertaking (HLURB Form No. _____)
25. Evaluates acceptability of performance bond. Prepares Certificate of Registration (CR)/License to Sell (LS) and Executive Brief. / Steps 25 – 29 (3 – 4 days) / Processor
26. Reviews/ initials CR/LS. Signs Executive Brief. / Head, TSG
27. Reviews and affixes signature on CR/LS and Executive Brief. / Regional Officer
28. Logs out documents and transmits to Records Section. / RO – RDO
29. Releases CR/LS to applicant. / RO – RS

HLURB’s BROKERS GUIDE

Application for Registration of NCR-Based Real Estate Brokers and Salesmen

§  LEGAL BASIS:

HLURB under PD 957 as amended, is empowered to register real estate brokers and salesmen dealing in condominium, farmlots, memorial parks and subdivision projects.

§  SCOPE:

No real estate broker or salesman shall engaged in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority in accordance with the provisions ofSections 11 & 12 of Presidential Decree No. 957andSections 13, 14, and 15 of Rule V of Implementing Rules and Regulationsas Amended and Other Related Laws and Regulations of the HLURB.

§  GUIDELINES ON APPLICATION:

1.  All applications shall be filed with Records Section.

2.  Only applications with complete requirements shall be accepted for processing.