Certificate of Registration Issuance
- After two weeks from the completion of publication, and upon submission of an affidavit of publication executed by the publisher, the Board shall issue a Certificate of Registration for the project.
- The issuance is contingent on the absence of opposition to the registration.
License to Sell Prerequisites and Issuance
- No sale of any disposable subdivision lot or condominium unit in a registered project is allowed without a valid License to Sell issued by the Board within two (2) weeks from project registration.
- Requirements for obtaining the License to Sell include:
- A proper application.
- Submission of a work program.
- Posting a performance bond.
- Payment of the prescribed license fee.
- The License to Sell covers lots or units corresponding to the portion of the project secured by the performance bond.
- The registration statement and other pertinent documents must establish that the sale is not fraudulent.
Performance Bond Requirements and Acceptable Forms
- The performance bond secures the unfinished portion of the project and ensures the developer's compliance.
- Acceptable forms of performance bond include:
- A surety bond callable on demand amounting to 10% of the development cost, issued by an accredited bonding company acceptable to the Board.
- A real estate mortgage executed in favor of the Republic of the Philippines over a lien-free property other than the project, with value at least 10% of the total development cost.
- Other forms of security equivalent to 5% of the development cost, such as:
- Cash bond.
- Fiduciary deposit with the Board's cashier/disbursing officer.
- Certificate of guaranty from a reputable bank or financing institution.
- Bank letter certifying reserved funds that may be withdrawn upon non-compliance by the developer.
- Irrevocable credit line from a recognized bank and a refinancing/restructuring program with accredited funding sources.
Harmonization and Administrative Compliance
- The amendments harmonize the IRR provisions with Batas Pambansa Blg. 220 and PD 957 to ensure consistency.
- The amendments comply with Executive Order 45 Series of 2001, which simplifies and expedites housing project approvals via simultaneous processing protocols among agencies.
Legal and Procedural Effects
- The resolution amending Sections 15, 16, and 17 of the IRR was approved on 19 May 2004 and published legally on 01 July 2004.
- It took effect 15 days after publication, binding developers and the Board to the new rules.
- Non-compliance with notice of publication leads to the need to re-file registration, ensuring transparency and public cognizance.
Relevant Authorities and Signatories
- The Board members, including representatives from HUDCC, DOJ, DILG, NEDA, DPWH, and the Board's Chief Executive Officer, formally adopted the resolution.
- The Board Secretary attested to the document, ensuring official and legal standing.