18/08/2022
For tye information of the Public
Section 18 of UDHA, or the balanced housing development requirement, as amended by Republic Act No. 10884, otherwise known as "Balanced Housing Development Program Amendments"
HOW TO COMPLY?
RULE II
COMPLIANCE
Section 3. Modes of Compliance. Developers of proposed residential subdivision projects shall be required to develop an area for socialized housing equivalent to at least fifteen percent (15%) of the total subdivision area or total subdivision project cost, at the option of the developer. Developers of proposed residential condominium projects shall be required to develop an area for socialized housing equivalent to at least five percent(5%) of the condominium area or project cost, at the option of the developer.
In all cases, the compliance project shall be developed in accordance with the standards set by HLURB and other existing laws.
Section 4. Preferred Manner of Compliance
4.1 At the option of the developer, the developer of the main subdivision project shall develop a socialized subdivision housing project:
4.1.1 With an area equivalent to at least fifteen percent (15%) of the total subdivision project area of the main subdivision project; or
4.1.2 With a cost equivalent to at least fifteen percent (15%) of the total subdivision project cost of the main subdivision project.
The compliance socialized housing project shall be located within the main subdivision project.
Such option of the mode of compliance shall be annotated within six (6) months from the issuance of the License to Sell on the Original Certificate of Title (OCT) and Transfer Certificates of Title (TCTs) of the project and specifying thereof the actual lot numbers, block numbers, unit numbers of the units allocated for sale under the socialized housing price ceiling. The developer shall submit a certification from the Register of Deeds as to the completeness of the requirements submitted for annotation.
Failure to comply with the annotation requirements mentioned above within six months shall cause the automatic suspension of the License to Sell and issuance of a Cease and Desist Order against the developer. If no compliance has been made after one year from the issuance of the License to Sell, there shall be cancellation of the License to Sell and criminal prosecution for selling without a license shall be commenced by HLURB Task Force PD 957 against the developers and responsible officers of the corporation. Further, the Regional Officer shall cause the annotation with the Registry of Deeds, with notice to the local government unit concerned
4.2 At the option of the developer, the developer of the main condominium project shall develop a socialized condominium housing project:
4.2.1 With an area equivalent to at least five percent (5%) of the total condominium project area; or
4.2.2 With a cost equivalent to at least five percent (5%) of the total condominium project cost.
The compliance socialized condominium project shall be located within the main condominium project. Such option of the mode of compliance shall be annotated within six (6) months from the issuance of the License to Sell on the Original Certificate of Title (OCT), Transfer Certificates of Title (TCTs) and Condominium Certificates of Title (CCTs) of the project and specifying thereof the actual lot numbers, block numbers, unit numbers of the units allocated for sale under the socialized housing price ceiling.
The developer shall submit a certification from the Register of Deeds as to the completeness of the requirements submitted for annotation.
Failure to comply with the annotation requirements mentioned above within six (6) months shall cause the automatic suspension of the License to Sell and issuance of a Cease and Desist Order (COO) against the developer. If no compliance has been made after one (1) year from the issuance of the License to Sell, there shall be cancellation of the License to Sell and criminal prosecution for selling without a license shall be commenced by HLURB Task Force PD 957 against the developers and responsible officers of the corporation. Further, the Regional Officer shall cause the annotation with the Registry of Deeds (RO), with notice to the local government unit (LGU) concerned.
In case of expansion or alteration of the main project resulting to an increase in the total subdivision area or condominium area or total subdivision project cost or condominium project cost, the developer thereof shall be required additional compliance to be computed based on the increase in the total subdivision project area or condominium area or total subdivision project cost or condominium project cost.
In all cases, the compliance project shall be developed in accordance with the standards and requirements set by HLURB and R.A. 9267, as the case may be, and other applicable laws and regulations. The compliance project shall be subject to the minimum design standards promulgated pursuant to Batas Pambansa Big. 220(BP 220), HLURB rules and regulations, and other related laws.
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Section 5. Other Manners of Compliance. The developers may choose any of the following manners of compliance, subject to the pertinent guidelines, requirements, and procedures that may be promulgated by HLURB.
Source: HLURB MEMORANDUM CIRCULAR NO. 09
Series of 2018 ( MAY 2, 2018)
