Question & AnswerQ&A (HLURB Administrative Order No. 01, s. 2015)
It is titled the "Revised Implementing Rules and Regulations To Govern the Advertisements of Subdivision and Condominium Projects Under Presidential Decree No. 957, Otherwise Known as the 'Subdivision and Condominium Buyers' Protective Decree' and All Other Projects Required by Law to be Registered with the Housing and Land Use Regulatory Board."
The rules apply to all projects required by law to be registered with the HLURB, including residential, commercial, farmlot, and industrial subdivisions; residential and commercial condominiums; and other similar projects including cemeteries, memorial parks, and columbaria.
Its objective is to ensure that the public and prospective buyers are fairly and truthfully informed of the development, construction, sales, operations, and other facts or activities relating to a project to avoid misleading or deceptive representations.
An advertisement refers to any form of information, whether in words or illustrations, relating to a project and disseminated for marketing and selling the project or its units through various media such as newspapers, brochures, digital signages, or buyers' briefings.
Only the owner or the developer may make announcements prior to the issuance of a license to sell, but such announcements must not suggest or convey any sale or marketing. Advertisements can only be made after the license to sell is issued and after HLURB approval.
Such acts constitute selling without a license and are subject to sanctions and penalties under Presidential Decree No. 957 and related rules and regulations enforced by the HLURB.
All representations in advertisements form part of the sales warranties enforceable against the owner or developer, who are jointly and severally liable for any failure to fulfill the promises made.
It is an order issued by HLURB directing a developer to stop certain acts related to their project due to violations of P.D. No. 957, Batas Pambansa Blg. 220, or related rules and regulations.
Advertisements include any information disseminated or communicated through newspapers, magazines, television, radio, billboards, brochures, leaflets, flyers, digital and electronic signages, scale models, buyers' seminars, or trippings.
They have sixty (60) days from the effectivity of the rules to cease and desist from using such announcements or advertisements until these are amended and approved by the HLURB.
The CEO is authorized to issue guidelines through memorandum circulars to implement or interpret the rules, provided these guidelines do not contradict or exceed the provisions of the existing rules.
HLURB exercises visitorial powers, may monitor announcements and advertisements on its own initiative or upon complaint, and impose sanctions or penalties for violations of the rules.
Each publication or printing or airing of a prohibited announcement or advertisement is considered a separate violation and is subject to administrative fines and penalties under Executive Order No. 648 and Presidential Decree No. 957.