APPLICATION PROCESSDEVELOPER'S RESPONSIBILITIES AND OBLIGATIONSRELATED LAWS

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

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
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
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
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
RESPONSIBILITIES AND OBLIGATIONS OF OWNERS/DEVELOPERS

  • Complete the project in accordance with the approved development plan therefore not later than (Indicate target date of completion) and advise buyers in writing of such time frame for development.
  • Maintain the common facilities until their turnover is authorized pursuant to PD 1216.
  • Register the instrument relative to any sale with the Register of Deeds, whether or not the price is fully paid, within 180 days from execution.
  • Deliver the title free from liens and encumbrance to fully paid buyers or if mortgaged redeem and deliver the same within six months from full payment
  • Secure clearance prior to any mortgage, alteration of plans, advertisement or change of ownership.
  • Pay the real estate tax/assessment on the lot/unit until the year the title is transferred to or actual possession/ occupation is taken by the buyer.
  • Refrain from forfeiting payments made by the buyers who suspend amortization after due notice to owner or developer on ground of incomplete development or non-development.
  • Submit report showing its extent of project development and changes in corporate officer within sixty days after each semester.
  • Observe the prescribed maximum selling price for BP 220 projects (Economic and Socialized Housing)
  • Display the registration certificate and this license in a conspicuous place in all offices of the owner and developer.
  • Initiate the organization of a home/unit owners.
  • Refrain from levying any fee for an alleged community benefit upon the buyers; and
  • Ensure the development of Socialized Housing Project presented as compliance to Section 18, RA 7279

BANKS AND OTHER FINANCIAL INSTITUTIONS
Developmental Loan – All developmental loans from banks and other financial institutions, where the subdivision/condominium is constituted as its collateral, shall be subject of a mortgage clearance from the HLURB pursuant to Section 18 of PD 957, Subdivision and Condominium Buyers Protective Decree, Thus.

“Section 18. Mortgages. – No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the Authority now the HLURB under EO 648. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof, if any, shall be notified before the release of the loan. The buyer may, at his option, pay his installment for the lot or unit directly to the mortgagee who shall apply the payments to the corresponding mortgage indebtedness secured by the particular lot or unit being paid for, with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereof.”

APPROVAL OF HOUSING PERMITS UNDER EO 45
EO 45 prescribes specific period for a government agency and the local government units to act on applications for certifications, clearances and permits for housing projects (i.e. subdivisions or condominiums). It also provides an option for the applicant-developer where the government agency or LGU refuses or fails to dispose of an application for said applied for housing permit.

The following is an outline of said EO:

  1. Filing
    Applications for the issuance of housing related certifications, clearances or permits may be filed simultaneously with local government unit (sangguniang pambayan or panglunsod) and each of the other government agencies (DAR, DENR, etc.). These agencies shall accept and process the applications without prerequisite housing related permit/s from other government agencies.
  2. Processing
    If the documentary requirements are complete, the government agency shall accept and process the application and, if meritorious, shall issue within the time period under Section 6 of EO 45 the applied for certification, clearance or permit. If not meritorious, the agency shall issue within the same period a written decision/order of denial stating the grounds thereof.
  3. Opposition to application
    In case an opposition is filed against the proposed project, the concerned government agency concerned shall resolve the opposition. The period during the pendency of shall not be counted against the agency.
  4. Time period to act on application
    EO 45 prescribes time periods in the processing of housing related certifications, clearance and permits, for each government agency and the local government unit to wit:
  5. Failure/Refusal to dispose application
    Should the responsible official of the government agency concerned fails or refuses to dispose application by either approving or denying the same within the prescribed period, the applicant, if not expressly prohibited by law, may submit an affidavit, with supportive technical studies and documents by competent individuals, in lieu of the certification, clearance or permit.

    • HLURB
      1. Certificate of Site Zoning Classification – 10 days
      2. Certificate of Registration and License to Sell – 10 days
    • DAR
      1. Conversion Order or Exemption Order – 30 days
      2. MARO Certification – 10 days
      3. CLUPP 1 Certification – 30 days
    • DENR
      1. DENR Secretary/Regional DirectorECC – 45 days
      2. DENR Secretary/Regional DirectorNIPAS Certification – 15 days
      3. DENR Assistant Regional Executive DirectorVerification and Approval of Survey Returns – 30 days
      4. MGB DirectorEGGAR – 10 days
      5. LLDA AdministratorLLDA Certification – 15 days
    • Department of Agriculture
      1. DA Secretary or Regional DirectorCertification for Reclassification of Agri Land – 30 days
      1. NIA
      2. NIA Regional ManagerIrrigation Clearance Certificate – 15 days
      3. Philippine Coconut Authority PCA AdministratorPCA Clearance Certification – 15 days
      4. Sugar Regulatory AdministrationSRA Clearance Certification – 15 days
  6. LGU
    1. Development Permit – 30 days
  7. Sanctions to responsible officer for refusal/failure to dispose application
    If the responsible official refuses/fails to dispose application within the prescribed period, said official shall be liable for administrative sanctions provided for by law.

EO 45 is reproduced en toto for your reference