HOUSING AND LAND USE

REGULATORY BOARD
(SALIENT POINTS: LAWS ENFORCED BY HLURB)

LAWS ENFORCED BY HLURB

Executive Order No. 90

Designated key government agencies and
created the Housing and Urban Development
Coordinating Council (HUDCC) which is involved
in the implementation of the National Shelter
Program and also designated HLURB as the sole
regulatory body for housing and land
development

Executive Order No. 648 (Series of 1981)

-Vest the HLURB with quasi-judicial powers to
make It an effective regulatory body which will
enforce various mandates and assumed the
functions for National Housing Authority to
implement and enforce, among others, PD 957,
PD 1216 and PD 1517
PD 957
Subdivision and Condominium Buyers
Protective Act. Regulates the sale of subdivision
lots and condominium units to buyers

PD 1517
Protection of Legitimate Tenants and Clearance
for Development Proposals and Land Transactions
in Proclaimed Areas for Priority Development
(APD) and Urban Land Reform Zones (ULPZ)
BP 220
(Batas Pambansa) Authorizes the HLURB to
promulgate standards for socialized housing
program

PD 1216
Defines open space in residential subdivision in
compliance with the requirement of PD 957 for
owners/developers to allocate 30% of the gross
area roads, alleys, sidewalks, parks and
recreational spaces
Upon their completion, the roads, alleys,
sidewalks and playgrounds shall be donated by
the owner or developer to the city or municipality
and it shall be mandatory for the LGU to accept it.
The parks and playground may also be donated to
the Homeowners Association of the project with
the consent of LGU. No portion of the parks and
playground donated shall be converted to any
other purpose.

RA 7160
(The Local Government Code of 1991)
Devolves the issuance of approval of subdivision
plans to local government units (LGUs) together
with the implementation of national rules and
standards
RA 7279
The urban Development and housing Act
(UDHA) Provides for a Balanced Housing
Program by requiring owners and developers of
main subdivision projects to provide for a separate
socialized housing project for the underprivileged
and homeless, equivalent to 20% of the area or
cost of the main subdivision project

RA 6552
The Realty Installment Buyer Protection Act
(The MACEDA LAW) Enumerates the rights of a
buyer of a real estate who has paid at least two
years installments, in case of default on
succeeding installments
E.O No. 71
Defines the role of HLURB regarding the
devolution of approval of subdivision plans to the
LGUs. The HLURB will provide the guidelines
and standards

E.O No. 72 (1993)

Devolves to the Sangguniang Panlalawigan the
approval of comprehensive land use plans, subject to
national standards and guidelines
Devolves the issuance of location clearance to projects
of local significance, provided, that its comprehensive
land use plan was previously approved by the HLURB
RA 7899 (1995)
Amends Sec. 4 and 16 of RA 4726 of the
Condominium Act where HLURB is given the following
authorities
Approval of any amendment to or revocation of the
enabling of Master Deed of a condominium project to
the consent by a simple majority of all registered
owners

Approval of the expansion of a condominium

corporate or integration of a condominium project
with another project upon the affirmative vote of a
simple majority of registered owners
RA 6657

(1988 The Comprehensive Agrarian Reform Law)

RA 9700 (August 7, 2009)

Also known as CARPer; extending the

Comprehensive Agrarian Reform Program to June 30,
2014

P.D 1586 (1978)

Requires all person, partnership or corporation to

secure an Environmental Certificate prior to
undertaking any activity.

Proclamation No. 2146 (1981)

Proclaimed certain areas and types of projects
as environmentally critical and within the scope of
requirements of PD 1586
RA 9904 Magna Carta for Homeowners
Association
Every association of homeowners shall be
required to register with HLURB

HLURB Resolutions
R-830 dated November 28, 2008 minimum level
of Development Requirement in the issuance of
License to Sell for Subdivision and Condominium
Projects
For Subdivision- land clearing and grubbing,
road racing, earthworks, sub-base and base
preparation and entrance gate
For Condominium Projects civil and
structural works of foundation to include
excavation, pile driving, steel reinforcement and
formworks

R-816 dated January 17, 2008 - approving the

amendment on the participate of Developer in CMP
as Mode od Compliance to Sec. 18 of RA 7279
(UDHA); participate in the CMP as Financier,
Developer, Landowner
R-811 dated November 12 2007 Restoring Res
# r-656m Limiting Joint Projects as Mode of
Compliance to Balanced Housing Development
Provision of RA 7279 to those entered into by and
between Developer and LGU or any Housing
Agencies

R-808 dated September 20, 2007 amending the

Rules and Regulations to govern advertising
approval
Contents of advertising to include:
-Exact location of the project
-License to Sell Number and date issued
-Project Completion date per approved work
program
-Maximum selling price in case of Economic
and Socialized Housing
-Pictures and illustrations shall be properly
captioned

R-748 dated October 20, 2003

HLURB shall no longer require a precondition
for issuance of Certificate of Registration and
License to Sell a DAR Conversion Order in case
where the property involved is located in an area
already classified as residential, commercial,
industrial or other similar development purpose
as provided in CLUP approved pursuant to EO 72,
series of 1993
R-750 dated November 28,2003 HLURB no
longer require DAR Conversion clearance as a
precondition for issuance of Certificate of
Registration and License to sell for Farm Lot
Subdivision project.

R-772 dated January 27, 2005

approving the accreditation of PAG-IBIG housing
Bonds as an alternative investment of subdivision
owner/developer in compliance to the twenty percent
(20%) Socialized Housing Development requirement
under Sec. 18 of RA 7279 (UDHA)
R-777 accrediting Socialized Condominium Projects
as a mode of compliance to the twenty percent (20%)
Socialized Housing Development requirement under
Sec. 18 RA 7279
R-871 Series of 2011 promulgating the revised
Rules and Procedures of the housing and Land Use
Regulatory Board (re: filing of complaints, hearings,
decisions, appeals)

Memo Circular No. 27 series of 2006

- Reiteration of Sec. 32 of the revised IRR for PD
957; the broker or salesman who negotiated the sale
of subdivision lot or condominium unit shall act as
one of the witnesses to the sales document with an
indication of his Certificate of Registration Number
(HLURB) and renewed date. If the sale was made
directly by the owner or dealer, that act must be so
stated in the sales documents
Memo Circular No. 29 dated July19, 2005
amended Supplement Rules and Regulations on
Tree Planting which requires that the number of
trees to be planted shall be at the ratio of one (1) tree
per saleable lot

Memo Circular No. 54

prescribing guidelines of Sec. 20 RA 7160,
authorizing cities/municipalities to Reclassify
Lands into Non-Agricultural Uses
R-681 series of September 21, 2000
- as amended by R-702 series of 2002 and R747 series of 2003 rules and regulations for
Memorial Park/Cemetery

DEVOLVED FUNCTIONS OF HLURB TO LGUs

1. Preliminary Approval and Location Clearance
(PALC)
2. Final Approval /Development Permit (AP)
3. Approval of Plan Alternation
4. Individual/Group Permit
5. Certificate of Occupancy
RETAINED FUNCTIONS OF HLURB
Processing application for
1. Certificate of Registration and License to Sell
2. Approval of Condominium Plan
3. Mortgage Clearance
4. Advertisement Approval
5. Reduction or Cancellation of Performance Bond
6. Issuance of Certificate of Completion

DEVELOPMENT OF MEMORIAL PARKS,

CEMETERIES AND COLUMBARY
PROJECTS
(Source: HLURB)

R-681 series of September 21, 2000 as

amended by R-702 series of 2002 and R- 747
series of 2003
rules and regulations for Memorial
park/Cemetery

Basic Design and Standards

-must conform with land use plan or zoning
ordinance of locality
-must be in accordance with the National Building
Code

Site Criteria
-shall be located in the periphery of the town center or in
area sparsely inhabited and where little hazard to human
life or health could result

-undue proliferation of memorial

parks./cemeteries in any municipality/city shall
not be allowed
-number of cemeteries/memorial parks in a
city/municipality shall be based on the needs or
death rate in the locality
Location
-for areas with approved comprehensive Land
Use Plan (CLUP) or zoning ordinance
cemeteries/memorial park shall be located in
areas zoned as cemetery

-in the absence of CLUP

1. Areas zoned as open space and not within
Strategic Agricultural and Fisheries
Development Zones (SAFDZ) as certified by the
Department of Agriculture (DA)
2. Areas zoned as agricultural, provided that the
site is not tenanted and not covered by
operation land transfer and not considered
prime agricultural land, covered by the
National Irrigation Administration (NIA)
3. In an area adjacent to existing
cemetery/memorial park

4. In an area where the dominant land use within one

hundred (100) meters from the periphery of the
proposed memorial park/cemetery is neither
residential, commercial, industrial nor
institutional
5. In an area deemed by the Board as appropriate
and in accordance with the principles of Planned
Unit Development (PUD)
PUD is defined as one concept of real estate
development and/or land development scheme which
aims to optimize the use of land through
adaptive/innovative site layout, provisions of
generous open space and complementarities of
uses/activities

Physical Suitability
The memorial park/cemetery must be located
on ground where the water table is not higher
than 4/50 meters below the ground surface as
certified by the National Water Resources Board
(NWRB) and shall not be allowed in
environmentally critical areas as defined in
Proclamation No. 2146
Accessibility
- Served by a road with a minimum with of no
less than 8.0m
- The road right-of-way must be increased as
project size increase

-All relevant provisions of BP Blg. 344 e.g

dropped curves, cut-outs, etc. shall be observed
Design and Planning Considerations
- Flexibility in design and orderly lay-out
Land Allocation
- There shall be no fixed ration for saleable
area, provided that the required areas for
roads, pathways parking and other facilities
and amenities are reserved
- At least 50% of the saleable area shall be
utilized for the underground interment in
order to retain park like character of the
project

Steps/Requirements for the Development of

Memorial Park/Cemeteries
-Generally the same as Subdivision
Development
-Approval of the preliminary
memorial/cemetery plan shall be valid only for a
period of 180 days from date of approval. A
revalidation can be availed of only once after said
period

Registration and Licensing of Memorial

Park/Cemetery Projects for the Lease/Sale of
the Plots
-When the proponent has at least
accomplished 20% of the total development and is
interested in the perpetual lease/sale of plots in a
memorial park/cemetery project, he shall register
the project with the HLURB
-The HLURB at the expense of the applicant shall
cause the publication of the registration statement for
the lease/sale of the project in two newspapers of
general circulation (one in English and another in
Filipino, upon finding that the project may be
registered in accordance with the rules)

-No owner or dealer shall lease/sell any

disposable plot in the registered project without a
license to lease/sell issued by the HLURB. Upon
proper of the prescribed license fee, the HLURB
shall issue the license to lease/sell the plots in
the project
Performance Bond
The performance bond required for the issuance
of the license to sell may be in any of the ff.
forms:
-A surety bond amounting to 20% of the
development cost of the unfinished portion of the
approved plan issued by duly accredited bonding
company

-Real Estate mortgage to be executed by the

applicant as the mortgagor in favour of the
Republic of the Philippines as mortgagee over a
property other than that subject of the
application, provided that the value of the
property shall be at least 20% of the unfinished
portion of the approved plan.
-Cash bond equivalent to 50% of the
development cost of the unfinished portion of the
approved plan.

RULES AND REGULATION TO GOVERN

COLUMBARY RPOJECTS
Location:
-Shall conform with the provision of the CLUP
and Zoning Ordinance in the locality
-In the absence of CLUP
1. Institutional zone particularly in areas
designed for religious structure such as
Church, seminary, convents and other places of
worship or congregation areas
2. Commercial zone
3. Areas within the premises of religious
structures owned by religious congregation

Designed Parameters
1. Design and Dimension of Niche/Vault
1.a the dimension of the niche/vault must
be able to house an urn or receptacle
designed to hold at least 200 cubic inches of
cremated human remains. For ossuary niche,
such shall have a dimension that can
accommodate receptacle for bone remains.
1.b A minimum of 2.0m passageway shall be
provided between interment structures if
proposed to be in grid design
1.c ladder facility shall be provided for
interment and urn retrieval purposes
1.d Material and Construction Requirements

All structural framework for the niches/vaults

shall be of cast-in-place reinforced concrete, or of
structural steel sections, or of concrete over metal
decking or of such other non-porous materials,
provided however, that the construction of all
footings, bearing walls, floor slabs, and roofs shall
be consistent with the construction requirement of
the National Building Code.
Water proofing shall be required for niches
constructed along a perimeter wall or garden wall.

2. Parking
Parking shall be provided at a ratio of 1:50
vaults of 100 parking slots whichever is lower
3. Easement
A 5 meter non-buildable buffer shall be
observed for projects to be located in commercial
zone/area adjoining residential area
4. Prayer Room
A Prayer room shall be provided with a
minimum area of 50 sq.m

5. Comfort Rooms
Every Floor shall be provided with a minimum
of 2 comfort rooms: 1 for male with 2 urinals, 1
water closet and 2 lavatories and 1 for female
with 3 water closets and 2 lavatories.
6. Elevators and Escalators
Elevators shall be provided for projects five (5)
storey and above.
For projects provided with escalators, the angle
of inclination of an escalator shall not exceed 30
degrees for the horizontal. The width between
balustrades shall not be less than 560
millimetres nor more than 1.20 meters as
provide in the National Building Code.

7. Light and Ventilation

-In accordance with the National Building Code
APPROVAL OF COLUMBARIUM PLAN

Documentary and other Requirements

A. Preliminary Approval
- Generally, the same as subdivision projects
- Approval of the preliminary columbarium
development plan will be valid for a period of
180 days from the date of approval

B. For Final Columbarium Development Plan

Approved
-Refer to HLURB website for application and
list of requirements
- The Columbarium Plan shall be approved
and a Development Permit shall be issued if
the project is in conformance with the Rules of
HLURB, and upon payment of the prescribed
processing fee
-A Development Permit shall be valid for a
period of 3 years from date of issuance unless
no physical development is introduced

-Issuance of Development Permit does not

exempt the developers from securing permits
and clearance from other agencies pursuant to
existing laws such as Building Permit from the
City/municipality
Application for Certificate of Registration and
License to Sell
1. Sworn registration statement
2. Perpetual Care Maintenance Fund Indicating
the source of funds and person/entity responsible
for the management of fund
3. A copy of any circular, prospectus, brochure,
advertisement or communications used or to be
used for public offering of subject project and for
circulation upon approval by the Board (HLURB)

4. Sample of Contract to Sell

5.Sample of Deed of Donation with onerous
cause complying woth formal requirements of
donation of real property, I applicable
6. Certificate of Ownership/Perpetual Privilege to
use
7. Plan delineating columbarium niche/vault
subject of sale
8. Operational Procedure
9. Deed of Restrictions
10. Building Permit
11. Performance Bond

Performance Bond
In any of the ff. forms:
1. A surety bond amounting to 20% of the
development cost of the unfinished portion of
the approved plan issued by duly accredited
bonding
2. Real Estate Mortgage to be executed by the
applicant as mortgagor in favour of the
Republic of the Philippines as Mortgagee, the
latter as represented and acting through
HLURB, over a property other that the subject
property

3. Cash Bond equivalent to 10% of the

development cost of the unfinished portion of
the approved plan which maybe in the ff.
i. Fiduciary deposit made with cashier of the
Board
ii. Certificate of Guarantee Deposit in favour of
the Board
iii. A Letter of Guarantee from the bank
iv. Any irrevocable credit line
License to Sell
-No owner or dealer shall sell any disposable
vault/niche in the registered columbarian
project w/o a license to sell issued by the
Board

-Upon a finding that the application complies

with all the requirements, the Board shall issue
a license to sell

NOTE: Upon proper application, a project may be

exempted from securing license to sell if the same is
established as an ancillary use.