Title
NHA exemption from PD 957 licensing in housing projects
Law
Hlurb No. R-465-a
Decision Date
Feb 6, 1991
The National Housing Authority (NHA) is confirmed to be exempt from the registration and licensing requirements of Presidential Decree 957 for its housing projects, including joint ventures where it maintains ownership or control, provided it submits relevant project documentation.

Issuing authority and corporate context

  • The HLURB confirms and clarifies the position of the National Housing Authority (NHA) regarding compliance with Presidential Decree No. 957.
  • The resolution is approved by the HLURB chair and ex-officio commissioners representing government agencies connected to housing and regulatory oversight (as reflected in the signatures).

Policy: clarification of NHA exemption

  • The HLURB confirms that the issues on interpretation and application of HLURB Resolution No. R-465 (1990) have been resolved in the interest of clarification.
  • The clarified rule establishes how the NHA’s PD 957 exemption applies to joint venture projects.

Scope: coverage of housing projects

  • The exemption covers “all its housing and settlement projects with this Board.”
  • The exemption covers NHA projects under the HLURB’s jurisdiction for purposes of PD 957 licensing requirements.
  • The resolution treats joint venture projects as a special case for determining responsibility for meeting PD 957 objectives.

Substantive rule: PD 957 license to sell

  • The HLURB confirms that NHA is not required to secure a license to sell as contemplated in P.D. 957 for all its housing and settlement projects with the HLURB.
  • The confirmation is subject to the condition that NHA must furnish copies of project plans, titles and other pertinent records for reference purposes.
  • NHA’s exemption is preserved through the amended confirmation wording in the dispositive portion.

Joint venture projects: conditions and responsibility

  • The resolution provides that it applies to joint venture projects only in cases where the NHA is the owner or is in full control of the project.
  • If the joint venture is outside the condition that NHA is the owner or in full control, the joint venture assumes responsibility for ensuring attainment of the objectives of PD 957 and other existing laws.
  • The responsibility rule shifts to the joint venture arrangement when NHA is not the owner or not in full control.

Amendments and relationship to prior resolution

  • HLURB Resolution No. R-465-A amends the dispositive portion of HLURB Resolution No. R-465 Series of 1990 by rewording it.
  • The amendment is expressly directed to confirm and clarify NHA’s exemption from PD 957 registration and licensing requirements while defining the joint venture boundary.
  • HLURB Resolution No. R-465 Series of 1990 is reaffirmed as the baseline position, with the dispositive portion modified by February 06, 1991 amendment.

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