BP 220 / PD 957 and IRR Flashcards
PD 957. This Decree shall be known as
Subdivision and Condominium Buyer’s Protective Decree
PD 957 was initiated by the late President Ferdinand Marcos on ___ and applied with the latest revised implementing rules and regulations in 2009
July 12, 1976
natural or juridical person, refers to business firm whether a corporation, partnership, cooperative or association or a single proprietorship
person
shall include every disposition, or attempt to dispose, for a valuable consideration, of a subdivision lot, including the building and other improvements thereof, if any, in a subdivision project or a condominium unit in a condominium project
Sale or Sell
A privilege given to a member of a cooperative, corporation, partnership, or any association and/or the issuance of a certificate or receipt evidencing or giving the right of participation in, or right to, any land in consideration of payment of the membership fee or dues, shall be deemed a sale within the meaning of this definition.
Sale or Sell
shall mean a tract or a parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms
Subdivision project
shall mean a subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan
Complex subdivision plan
shall mean the entire parcel of real property divided or to be divided primarily for residential purposes into condominium units, including all structures thereon
Condominium project
a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part of parts of floors) in a building or buildings and such accessories as may be appended thereto
Condominium unit
the registered owner of the land subject of a subdivision or a condominium project
Owner
the person who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof
Developer
any person directly engaged as principal in the business of buying, selling or exchanging real estate whether on a full-time or part-time basis
Dealer
any person who, for commission or other compensation, undertakes to sell or negotiate the sale of a real estate belonging to another
Broker
the person regularly employed by a broker to perform, for and in his behalf, any or all functions of a real estate broker
Salesman
shall mean the National Housing Authority.
Authority
Section 3. shall have exclusive jurisdiction to regulate the real estate trade and business in accordance with the provisions of this Decree
National Housing Authority
Section 4. The registered owner of a parcel of land who wishes to convert the same into a subdivision project shall submit his ___ to the Authority which shall act upon and approve the same, upon a finding that the plan complies with the Subdivision Standards’ and Regulations enforceable at the time the plan is submitted
subdivision plan
National Building Code
RA 6541
Condominium Act
RA 4726
The subdivision plan, as so approved by the NHA, shall then be submitted to the ___ for approval in accordance with the procedure prescribed in Section 44 of the Land Registration Act
Director of Lands
The condominium plan as likewise so approved, shall be submitted to the ___ of the province or city in which the property lies and the same shall be acted upon subject to the conditions and in accordance with the procedure prescribed in Section 4 of the Condominium Act
Register of Deeds
Land Registration Act
Act No. 496
The owner or the real estate dealer interested in the sale of lots or units, respectively, in such subdivision project or condominium project shall register the project with the Authority by filing therewith a sworn registration statement. The following documents shall be attached to the registration statement:
*Copy of the Subdivision plan or Condominium plan
*Copy of any circular, prospectus, brochure, advertisement, letter or communication to be used for the public offering
*Balance sheets showing the amount and general character of its assets and liabilities and a copy of its articles of incorporation or articles of partnership or association
*Title to the property which is free from all liens and encumbrances
Section 5. Such owner or dealer to whom has been issued a registration certificate shall not, however, be authorized to sell any subdivision lot or condominium unit in the registered project unless he shall have first obtained a ___ the project within two weeks from the registration of such project
license to sell
The Authority, upon proper application therefor, shall issue to such owner or dealer of a registered project a license to sell the project if, after an examination of the registration statement filed by said owner or dealer and all the pertinent documents attached thereto, he is convinced that the owner or dealer is
*of good repute
*that his business is financially stable
*the proposed sale of the subdivision lots or condominium units to the public would not be fraudulent.
Section 6. owner shall file adequate ___ to guarantee construction and maintenance
performance bond
Section 7. Exempt transactions. A license to sell and performance bond shall not be required in any of the following transactions:
(a) Sale of a subdivision lot resulting from the partition of land among co-owners and co-heirs.
(b) Sale or transfer of a subdivision lot by the original purchaser thereof and any subsequent sale of the same lot.
(c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee in the ordinary course of business when necessary to liquidate a bona fide debt
Section 9. Revocation of Registration Certificate and LTS, if the owner/dealer:
Insolvent
Violates any of the provisions
Fraudulent transactions
Misrepresentation
Bad business repute
Does not conduct his business in accordance with law or sound business principles
Section 11. No real estate dealer, broker or salesman shall engage in the business of selling subdivision lots or condominium units unless he has ___ in accordance with the provisions of this section
registered himself with the Authority
Registration of dealers, brokers and salesmen shall expire every
December 31
Renewal of registration of dealers, brokers and salesmen shall be made
30 to 60 days after January 1
Section 12. Registration under the preceding section may be refused or any registration granted thereunder, revoked by the Authority if, after reasonable notice and hearing, it shall determine that such applicant or registrant
violated any provision
has made a material false statement in his application or registration
has been guilty of a fraudulent act
has demonstrated his unworthiness
Section 15. The case shall be decided within ___ from the time the same is submitted for decision.
thirty (30) days
Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be ___
registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated
Section 21. Sales Prior to Decree. In cases of subdivision lots or condominium units sold or disposed of prior to the effectivity of this Decree, it shall be incumbent upon the owner or developer of the subdivision or condominium project to complete compliance with his or its obligations as provided in the preceding section within ___ from the date of this Decree
two years
Section 18. Mortgages. No mortgage on any unit or lot shall be made by the owner or developer without prior ___. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for ___
written approval of the Authority, the development of the condominium or subdivision project
Section 19. Advertisements. The ___ shall answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in brochures, advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally
owner or developer
Section 20. Time of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within ___ from the date of the issuance of the license for the subdivision or condominium project
one year
Section 22. Alteration of Plans. No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the ___, or in the absence of the latter, by the majority of the lot buyers in the subdivision
permission of the Authority and the written conformity or consent of the duly organized homeowners association
Section 23. Non-Forfeiture of Payments. No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the ___ for complying with the same.
failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit
In relation to Section 23. Non-Forfeiture of Payments. The buyer may, at his option, be reimbursed ___
the total amount paid including amortization interests but excluding delinquency interests, with interest thereon at the legal rate
Realty Installment Buyer Protection Act (Maceda Law)
RA 6552
Section 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon ___ of the lot or unit. No fee, except those required for the ___, shall be collected for the issuance of such title
full payment, registration of the deed of sale in the Registry of Deeds
Section 26. Realty Tax. Real estate tax and assessment on a lot or unit shall be paid by the owner or developer without recourse to the buyer for as long as ___; Provided, however, that if the buyer has actually ___, he shall be liable to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy
the title has not passed the buyer, taken possession of and occupied the lot or unit
Full ownership is equal to naked ownership plus
usufruct
Section 27. Other Charges. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized ___ and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project.
homeowners association
Section 30. Organization of Homeowners Association. The ___ of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development.
owner or developer
Donations of roads and open spaces to local government. The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the Authority. what section of pd 957
Section 31
Failure to pay installments. The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. 6552. what section of pd 957
Section 24
Section 32. Phases of Subdivision. For purposes of complying with the provisions of this Decree, the owner or developer may divide the development and sale of the subdivision into phases, each phase to cover ___
not less than ten hectares
Section 35. Take-over Development. The ___, may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer, jointly and severally, in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree
Authority (now DHSUD)
Section 36. Rules and Regulations. The ___ shall issue the necessary standards, rules and regulations for the effective implementation of the provisions of this Decree.
Authority (now DHSUD)
Section 38. Administrative Fines. The Authority may prescribe and impose fines ___ for violations of the provisions of this Decree or of any rule or regulation thereunder
not exceeding ten thousand pesos
Section 39. Penalties. Any person who shall violate any of the provisions of this Decree and/or any rule or regulation that may be issued pursuant to this Decree shall, upon conviction, be punished by a fine of ___ and/or imprisonment of ___
not more than twenty thousand (P20,000.00) pesos, not more than ten years
in the case of corporations, partnership, cooperatives, or associations, the ___ shall be criminally responsible for any violation of this Decree and/or the rules and regulations promulgated pursuant thereto
President, Manager or Administrator or the person who has charge of the administration of the business
How many section are there in PD 957
43 sections
certificate of approval to the property owner to develop, construct, renovate, or make an addition to a structure on a property
development permit
who issues development permits
DHSUD (condominium) or LGU (subdivision)
what EO authorized LGU to issue development permits
EO 71
what EO is about CLUP
EO 72
issued by the DHSUD to registered owner of land who wishes to convert the same into subdivision/condominium project that complies with Subdivision Standards Regulations and National Building Code - PD 1096
Certificate of Registration
National Building Code
PD 1096
issued by DHSUD upon proper application of the owner or developer of subdivision or condominium project authorizing to sell the project
License to Sell
Every registered owner or developer of a parcel of land who wishes to convert the same into a subdivision project shall apply with the ___ for the approval of the subdivision development plan
Board or the local government unit (LGU) concerned
preliminary subdivision development plan valid only for ___ from date of approval
180 days
For Application for Subdivision Development Permit, one requirement is the Traffic Impact Assessment (TIA) for subdivision projects with area of ___
30 hectares and above
a development permit shall only be valid for a period of ___ from date of issuance if no physical development is introduced
3 years
the board shall cause the publication, at the expense of the applicant, a notice of pending application for Certificate of Registration in 2 newspapers of general circulation, one published in English and another in Filipino, ___
once a week for 2 consecutive weeks
a ___ notice of the project shall be posted on the project site until the issuance of the license to sell
3’ x 6’ billboard
no owner or dealer shall sell any disposable subdivision lot or condominium unit in the registered project without a license to sell issued by the Board within ___ from the registration of the project
2 weeks
the performance bond required may be any of the following:
(a) surety bond amounting to 20% of the development cost of the unfinished portion of the approved plan
(b) real estate mortgage - at least 20% of the total development cost
(c) other forms of security equivalent to 10% of the development cost of the unfinished portion of the approved plan
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
BP 220
Law on Defining Open Space in Residential Subdivisions
PD 1216
Fire Code of the Philippines
PD 1185
Batasang Pambansa 220 was passed on
March 25, 1982
BP 220 - Policy of the government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector in order to make available adequate economic and socialized housing units for avergaed and low-income earners in urban and rural areas from those provided in ___, ___, ___, ___
PD 957, PD 1216, PD 1096, PD 1185
Coverage of BP 220: economic and socialized housing refers to
Housing units which are within the affordability level of the average and low income earners which is 30% of the gross family income as determined by the NEDA
Government-initiated sites and services development and construction of economic and socialized housing projects in depressed areas
BP 220: Section 4. Basis and objectives of the minimum design standards. The minimum design standards are intended to provide minimum requirements within the generally accepted levels of safety, health and ecological considerations. Parameters used are
(a) Protection and safety of life, limb, property and general public welfare
(b) Basic needs of human settlements
(c) Affordability levels of target markets
(d) Location
Heirarchy for the Basic Needs of Human Settlements
(WMSSPP)
Water
Movement and Circulation
Storm Drainage
Solid and Liquid Waste Disposal
Parks and Playground
Power
refers to the most reasonable price of land and shelter based on the needs and financial capability of Program Beneficiaries and
Appropriate Financing Schemes (RA 7279)
Affordable cost