Law Summary
Issuance of Certificate of Registration
- Two weeks after completing the publication, the applicant must submit affidavits of publication and billboard posting.
- If no impediments arise, the Board will issue the Certificate of Registration upon payment of prescribed fees.
License to Sell
- No owner or developer may sell subdivision lots or condominium units without a License to Sell issued by the Board.
- The License to Sell must be obtained within two weeks from project registration.
- Application for this license requires submission of a work program, a performance bond, and payment of the required license fee.
- The Board will issue the license if the registration statement and documents verify that the sale is not fraudulent.
Performance Bond Requirements
- The performance bond can be one or a combination of the following forms:
- A surety bond from an accredited bonding company amounting to 20% of the development cost of the unfinished portion.
- A real estate mortgage in favor of the Republic of the Philippines representing at least 20% of the total development cost, covering property other than the project and free from liens.
- Other forms of security equivalent to 10% of the unfinished portion’s development cost, including cash bond, fiduciary deposit, certificate of guaranty deposit, bank-certified reserved funds, or irrevocable credit lines with accredited funding programs.
- These measures ensure financial security and project completion compliance by the developer.
Harmonization and Amendment Purpose
- The amendments harmonize Sections 9, 10, and 11 of the Revised IRR for PD 957 with the specific provisions of the said Presidential Decree.
- The changes address inadvertent inconsistencies identified during the post-implementation assessment in 2003.
- The amendments took effect 15 days after publication, ensuring regulatory clarity and enforcement consistency.