Presented by :

Atty. Josh Carol T. Ventura

Sacred Heart Center
Nov. 23, 2013

HOUSING AND LAND USE REGULATORY BOARD

Housing Land Use Regulatory Board
 The Housing and Land Use Regulatory
Board (HLURB) is a national government
agency tasked as the planning, regulatory
and quasi-judicial body for land use
development and real estate and
housing regulation.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Housing and Land Use
Regulatory Board (HLURB)
 These roles are done via a triad of
strategies namely, policy
development, planning and regulation

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 The HLURB celebrates its 35th founding
anniversary on May 13, 2011.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 History of HLURB
Executive Order No. 419 (1973) created
the Task Force on Human Settlements
(TFHS) under the Development Academy
of the Philippines (DAP)
 Presidential Decree No. 933 (1976)
renamed the TFHS into Human Settlements
Commission (HSC).

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 History of HLURB
Presidential Decree No. 1396 (1978)
renamed HSC as the Human Settlements
Regulatory Commission (HSRC) and was
designated as the regulatory arm of the
Ministry of Human Settlements.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 History of HLURB
 Executive Order No. 648 (1981)
reorganized the HSRC and transferred the
implementation of P.D. No. 957(Subdivision
and Condominium Buyer’s Protective
Decree) from NHA to HSRC

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 History of HLURB
Executive Order No. 90 (1986) renamed the
HSRC as the Housing and Land Use
Regulatory Board (HLURB) and was
designated as the regulatory body for
housing and land development under
the Housing and Urban Development
Coordinating Council (HUDCC).

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 HLURB
Executive Order No. 90 (1986) renamed the
HSRC as the Housing and Land Use
Regulatory Board (HLURB) and was
designated as the regulatory body for
housing and land development under
the Housing and Urban Development
Coordinating Council (HUDCC).

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Mandate of HLURB

Real Estate
Land Use and Housing Adjudication
Planning Regulation

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 What
What HLURB
HLURBDon’t
Don’tdo
Do
We do not do the For assistance you may
following: approach:

Ejectment Cases Civil Courts

Right of Way Civil Courts
Develop Subdivisions Developer/Owner of the Project
Sell Subdivisions Developer/Owner of the Project
Extend Loans Financial Institutions ie. Pag-
IBIG, SHFC, SSS, GSIS,
banks
Cases between neighbors Civil courts
Source : www.hlurb.gov. ph
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Functions of HLURB
On Land Use Planning
Laws that Ensure Rational Land Use and
Sustainable Urban and Regional Development
1) Executive Order No. 72 - Providing for the
Preparation and Implementation of the
Comprehensive Land Use Plans of Local
Government Units Pursuant to the Local
Government Code of 1991 and Other
Pertinent Laws

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB
On Land Use Planning
Laws that Ensure Rational Land Use and
Sustainable Urban and Regional Development
2) Memorandum Circular No. 54 - Prescribing
the Guidelines of Sec. 20, R.A. 7160,
Authorizing Cities/Municipalities to Reclassify
Lands into Non-Agricultural Uses

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB
On Land Use Planning
Laws that Ensure Rational Land Use and
Sustainable Urban and Regional Development
3) Executive Order No. 124 - Establishing
Priorities and Procedures in Evaluating Areas
for Land Conversion in Regional
Agricultural/Industrial Centers, Tourism
Development Areas Sites for Socialized
Housing

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management
On Real Estate Management
Laws that Laws that Regulate the Relationship
between Sellers, Developers and Buyers of
Subdivision Lots and Condominium Units, and
provide Quasi-Judicial and Criminal Remedies
for Breach of Statutory and Contractual
Obligations

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management
On Real Estate Management

1) Subdivision and Condominium Buyer's

Protective Decree Presidential Decree No.
957 (As Amended By P.D. 1216) - Regulating
the Sale of Subdivision Lots and
Condominiums, Providing Penalties For
Violations Thereof

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management
On Real Estate Management

2) Presidential Decree No. 1216 - Defining

"Open Space" in Residential Subdivision and
Amending Sec. 31 of Pd 957 Requiring
Subdivision Owners to Provide Roads, Alleys,
Sidewalks and Reserve Open Space for
Parks or Recreational Use

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management
On Real Estate Management
3) Presidential Decree No. 1344 - Empowering
the NHA to Issue Writ of Execution in the
Enforcement of its Decisions Under P.D. 957

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management

4) Batas Pambansa 220 - An Act Authorizing the

Ministry of Human Settlements to Establish
and Promulgate Different Levels of Standards
and Technical Requirements for Economic
and Socialized Housing Projects in Urban and
Rural Areas from Those Provided Under PDs
957,1216,1096 and 1185

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management

5) Republic Act 7279 - Urban Development and

Housing Act. An Act to Provide For a
Comprehensive and Continuing Urban
Development and Housing Program,
Establish the Mechanism for its
Implementation, and for Other Purposes

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Laws on Real Estate
Management

6) Republic Act 4726 - The Condominium Act.

An Act to Define Condominium, Establish
Requirements for its Creation, and Govern its
Incidents
7) Republic Act 7899 - Amending Sections 4
and 6 oF R.A. 4726
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Laws on Real Estate
Management

8) Executive Order 71 - Devolution of HLURB

Function to Approved Subdivision Plan of LGUS

9) Executive Order 184 - Creating Socialized

Housing One-Stop Processing Centers

10) Republic Act 6552 - Realty Installment Buyer

Protection ActRational Land Use
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Functions of HLURB on Land
Use Planning
On Land Use Planning
1) Formulation of Comprehensive Land Use
Planning Guidelines
2) 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.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB on Land
Use Planning
3) Review and approval of CLUPs for Highly
Urbanized Cities (HUCs), Independent
Component Cities (ICCs), Metro Manila cities
and Provincial Physical Framework Plans
(PPFPs).
4) Install an information system to monitor
changes in the actual use of land resources
and the implementation of CLUPs by LGUs.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB on Land
Use Planning
5) Update and revise the National Urban
Development and Housing Framework.
6) Train LGUs in subdivision plan approval and
zoning enforcement.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB on Real
Estate Management
On Real Estate and Housing Regulations

1) Register and license subdivision and

condominium projects, farm lots,
memorial parks and columbaria
2) Monitor development and construction of
registered/licensed projects
3) Update and revise rules, guidelines and
standards on housing and real estate

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB on Real
Estate Management
On Real Estate and Housing Regulations
4) 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).

5) Issue Locational Clearances for projects considered

to be of vital and National or Regional Economic or
Environmental significance.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB on Real
Estate Management
5) Register and supervise Home
Owners Associations

6) Register real estate brokers, dealers

and salesmen engaged in selling
projects under HLURB jurisdiction.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB on
Adjudication
On Adjudication
1) Disputes between subdivision lot or
condominium unit buyer and developer.
2) Intra- and Inter-Homeowners
associations disputes.
3) Appeals from decisions of local zoning
bodies.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Developmental Functions of
HLURB
The HLURB pursues activities to attain rational
land use as specified in a number of
directives.
o Extend planning assistance to Local
Government Units (LGUs) (LOI No. 729, EO
No. 648)

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Development Functions of
HLURB
o Review and ratify land use plans of Metro
Manila cities and municipalities, provinces,
highly urbanized cities and independent
component cities (EO No. 72)

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Developmental Functions of
HLURB

o Enforce zoning regulations (EO 648)

o Investigate and adjudicate complaints (EO No.
648);
o Assist local government units assume devolved
functions via training and consultation;
o Coordinate land reclassification clearance
system (MC No. 54);

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Developmental Functions of
HLURB

o Update and revise rules, guidelines and

standards on land use (EO No. 648); Update
and revise National Urban Development and
Housing Framework (RA No. 7279).

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB in
Summary
On Real Estate and Housing Regulations
1.Enforce laws, rules, standards and guidelines
through :
 Approval of condominium plans (PD No. 957);
 Subdivision Plans: HLURB's foremost function is to
protect buyers of housing units and home lots,
and condominium units against unscrupulous
practices in the industry; and
 Issuance of License to Sell (PD No. 957)

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB in
Summary
On Real Estate and Housing Regulations
2. Assist LGUs perform the devolved function of
processing and approving the subdivision
plans via training and consultation (EO No. 71)
o Issue sales and mortgage clearances for the
protection of rights of tenants in the urban
and land reform zones and areas for priority
development (PD No. 1517)

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB in
Summary
On Real Estate and Housing Regulations
2. Assist LGUs perform the devolved function of
processing and approving the subdivision
plans via training and consultation (EO No. 71)
o Update and revise rules guidelines and
standards on housing and real estate for:
- Residential subdivisions &
condominiums (PD No. 957)
- Economic and socialized housing projects
(BP Blg. 220)
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Functions of HLURB in
Summary
On Real Estate and Housing Regulations
3.Approve expansion of a condominium
corporation or integration of a condominium
project with another project upon the
affirmative vote of a simple majority of
registered owners (RA No. 7899)
o - Assurance of completion of projects (PD No.
957)
o - Investigation and adjudication of complaints
(PD No. 957)
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Functions of HLURB in
Summary
On Real Estate and Housing Regulations
3.Approve expansion of a condominium corporation
or integration of a condominium project with
another project upon the affirmative vote of a
simple majority of registered owners (RA No.
7899)
o - Assurance of compliance to balanced housing
development requirement (Sec 18, R.A. 7279)
o - Balanced housing development (RA No. 7279)
- Other types of subdivision and condominium
projects (EO No. 648 and related laws)
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Functions of HLURB in
Summary
4. Operate as the lead agency for the HUDCC for the
Socialized Housing One-stop Processing Centers
(SHOPCs) and issuance of permits, clearances,
certifications and licenses for the implementation of
socialized housing projects (EO No. 184)
5. Approve any amendment to or revocation of the
enabling or master deed of a condominium project
already decided upon by a simple majority of all
registered owners (RA No. 7899)

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Functions of HLURB in
Summary
6. Approve expansion of a condominium
corporation or integration of a condominium
project with another project upon the
affirmative vote of a simple majority of
registered owners (RA No. 7899)

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Quasi-Judicial Functions of
HLURB in Summary

 Designated Housing and Land Use Arbiters

(HLAs) at the Central Office, in each of the
Regional Field Offices and for special
assignments, hear and decide on complaints
against violation of pertinent legislation's and
HLURB rules and regulations.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Quasi-Judicial Functions of
HLURB in Summary
 The HLURB Rules of Procedures for
adjudication of cases provides for just speedy
and inexpensive proceedings, amicable
settlements, summary resolution and other
legal tools.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Quasi-Judicial Functions of
HLURB in Summary
 The aggrieved party in a resolved case may
file a petition for review or appeal the decision
of the HLA to the Board of Commissioners.
The decision of the Board is appealable to the
Office of the President which decisions shall
be final subject only to review by the Supreme
Court.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 The HOA Functions of HLURB

 In January 2000, Republic Act No. 8763

transferred to this Board the functions of the
Home Guaranty Corporation with respect to
Homeowners Associations.
 “ The Magna Carta for Homeowners and
Homeowners’ Associations “

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Devolved Functions of HLURB
 Pursuant to the prescription of RA No. 7160
(local Government Code of 1991) and as
detailed under EO No. 71 and EO No. 72,
certain HLURB functions were devolved to the
LGU's:
1) The Sangguniang Bayan or Sanguniang
Panglungsod shall, subject to national law,
process and approve subdivision plans for
residential, commercial, industrial or other
development purpose.
Prepared by Atty. Josh Carol T. Ventura 11/23/2013
 Devolved Functions of HLURB

2) The Sangguniang Panlalawigan shall review

and approve the comprehensive land use
plans of component cities and municipalities.
3) Cities and municipalities with CLUPs
reviewed and approved in accordance with
EO 72 shall issue locational clearance to
locally significant projects.

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Cases not under the Jurisdiction
of HLURB

1. Complaints vs. Buyer

2. Complaints vs. Co-Practitioner
3. Complaints vs. Owners [
Commissions ]
4. Complaint by Developer

Prepared by Atty. Josh Carol T. Ventura 11/23/2013

 Cases not under the Jurisdiction
of HLURB

1. Complaints vs. Buyer

2. Complaints vs. Co-Practitioner
3. Complaints vs. Owners [
Commissions ]
4. Complaint by Developer

Prepared by Atty. Josh Carol T. Ventura 11/23/2013