What Are The Laws Related To Philippine Real Estate

What are the laws related to Philippine Real Estate ?
Many people and companies nowadays are interested with Real Estate and its important that one really should know the basics of real estate laws in the Philippines. As they say, A LAW EACH DAY (Keeps Trouble Away). Here is the list of Philippine Real Estate Laws related to HLURB. 1. Executive Order No. 648 (1981) The HLRUB was organized and revitalized and was vested with quasi-judicial powers to make it a more effective regulatory agency. By virtue of said order, it assumed the functions of the National Housing Authority on real estate management and was mandated to enforce P.D. 957, P.D. 1216 and P.D. 1517 among others. 2. Executive Order No. 90 (1986) The HLURB was designated as the sole regulatory body for housing and land development. It was mandated to encourage greater private sector participation in low cost housing through liberalization of development standards, simplification of regulations and decentralization of permits and licenses. It was identified together with National Housing Authority (NHA), National Home Mortgage and Finance Corp. (NHMFC) and Home Guaranty Corporation (HGC), as a key shelter agency under housing activities of the government to ensure the accomplishment of National Shelter Program. 3. Presidential Decree 957 (PD 957, 1976) Otherwise known as the Subdivision and Condominium Buyers Protective Decree. Its features are; regulate sale of subdivision lots and condominiums units to buyers defines sale to be covered by registration defines duties and responsibilities of owner/developer (o/d) of condominium and subdivision projects. defines rights of condominium/subdivision units/lot buyers 4. Batas Pambansa 220 (BP 220, S. 1982) Authorizes HLRUB to promulgate different levels of standards and technical requirements for economic and socialized housing projects from those provided for under PD 957, PD 1216, PD 1096 and PD 1185. 5. Republic Act 7279 (1992)
Provides for Balance Socialized Housing Program through provision of low cost housing program (SHP) intended to benefit the underprivileged and homeless and to be sold at the lowest interest rate. Requires developers of residential subdivision projects to allocate 20% of the projects area/cost into socialized housing.
6. Republic Act No. 8763 or The Home Guaranty Act Transferred to HLURB all the powers, authorities and responsibilities with respect to supervision of homeowners associations 7. Presidential Decree No. 1216 (1977) Defines open spaces in residential subdivision and amended Sect. 31 of PD 957. Requires subdivision owners to provide adequate roads, alleys, sidewalks and reserved open spaces for parks or recreational use equivalent to 30% of the total area of the subdivision project; and are non-saleable/non-alienable public lands. 8. Republic Act 6652 Maceda Law (1972) Provides protection to buyers of residential units on installments against scrupulous sellers/contracts (including residential condominium apartments, but excluding industrial lots, commercial buildings and sales to tenants. 9. Presidential Decree No. 1517 (1978) Provides for protection of legitimate tenants and requires clearance for development proposals and land transactions in proclaimed Area for Priority Development (APDs) and Urban Land Reform Zones (ULRZs). Its important features is under Section 6, defines legitimate tenants as follows

Ten years residency or more They were the ones who built their homes Legally occupied the lands by virtue of contract with landowners continously for ten years Used the lands for residential purpose only.
10. Republic Act 7160 or the Local Government Code of 1991; Devolves the following function of HLRUB to the local government units

issuance of approval of subdivision plans to local government units (LGUs) subject to national laws and standards devolves to the Sangguniang Panlalawigan, subject to national guidelines and standards the approval of comprehensive land use plans of municipalities.
11. Executive Order No. 71 (1993) Provides for implementing guidelines and role of HLURB in the devolution of a approval of subdivision plans to the LGUs. 12. Executive Order No. 72 (1993)
a. Provides that HLURB shall review and approve and use plans of provinces, highly urbanized cities, and all of the independent component cities/municipalities within Metro Manila b. Devolves the issuance of locational clearance to LGUs. 13. Republic Act 7899 (1995) Amends Sections 4 and 16 of RA 4726 or the Condominium Act where HLURB is given the following authorites: a. Approval of any amendment to or revocation of the enabling or master deed of a condominium project subject to consent by a simple majority of all registered owners, and where prior notification to all registered owner is done. b. Approval of the expansion of a condominium corporation or integration of a condominium project with another project upon the affirmation vote of a simple majority of registered owners. 14. Republic Act 6657 or the Comprehensive Agrarian Reform Law (June 15, 1988) Implements a comprehensive agrarian reform with the intention that any conversion of private land to non-agricultural uses should first be cleared before hand by the Department of Agrarian Reform. 15. Presidential Decree No. 1586 (1979) Requires all person, partnership or corporation to secure an Environment Compliance Certificate prior to undertaking any activity. 16. Proclamation No. 2146 (1981) Proclaimed certain areas and types of projects as environmantally critical and within the scope of the requirements of PD 1586.

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