Title
Creating the Department of Human Settlements
Law
Republic Act No. 11201
Decision Date
Feb 14, 2019
The Department of Human Settlements and Urban Development Act establishes a dedicated government department to oversee housing and urban development, ensuring access to affordable and sustainable housing for underprivileged citizens while promoting community participation and environmental sustainability.

Law Summary

Definitions

  • Key terms include abandoned subdivision or condominium, CLUP (Comprehensive Land Use Plan), housing, human settlements, informal settler families (ISFs), people's plan, public housing, urban development, and urban development planning.
  • Definitions emphasize the multifaceted nature of housing as physical, social, and economic components.

Creation and Mandate of the Department

  • DHSUD is created by consolidating HUDCC and HLURB.
  • It is the primary national government entity for housing, human settlement, and urban development.
  • It serves as the sole policy-making, planning, regulatory, coordination, and monitoring agency for housing and urban development.
  • Develops national strategies to ensure adequate and affordable housing for all Filipinos.

Powers and Functions of the Department

  1. Policy Development, Coordination, Monitoring, and Evaluation
  • Formulates national housing and urban development policies consistent with the Philippine Development Plan.
  • Develops housing finance policies and promotes self-sustaining housing finance systems.
  • Formulates public housing policies for homeless and underprivileged.
  • Conducts research and studies on housing and urban development.
  • Develops post-disaster housing and resiliency frameworks.
  • Establishes sector performance monitoring mechanisms.
  1. Environmental, Land Use, and Urban Planning
  • Maintains management and monitoring information systems including land and housing data.
  • Provides technical assistance to LGUs for housing and urban development capacity building.
  • Assists LGUs in utilizing socialized housing taxes and other funds.
  • Owns and administers government-owned lands unused for at least ten years suitable for housing purposes, excluding lands held in trust by GOCCs.
  • Prescribes land use planning and zoning standards.
  • Develops plans for government centers nationwide.
  1. Housing and Real Estate Development Regulation
  • Promotes estate, new town, new settlement developments, and urban renewal programs.
  • Manages socialized and economic housing sites for resource mobilization.
  • Implements a single regulatory system for housing and urban development activities.
  • Takes over unfinished or abandoned licensed real estate projects under prescribed guidelines and regulates their road and street systems.
  1. Homeowners Association and Community Development
  • Registers, regulates, and supervises homeowners associations (HOAs).
  • Provides technical assistance to housing cooperatives and civil society organizations.
  • Encourages public-private partnerships for housing and economic opportunities.
  • Oversees the regulatory system governing housing and urban development projects.
  1. General Powers
  • Enters into contracts, joint ventures, and partnerships.
  • Receives and holds assets, grants, properties for its purposes.
  • Implements commitments on human settlement under treaties and international agreements.
  • Fixes and collects fees, fines, and penalties related to its regulatory functions.
  • Recommends legislation and promotes indigenous materials and technology use.
  • Exercises eminent domain for housing projects if necessary.
  • Opens subdivision roads to the public when required for the general welfare.

Department Composition and Leadership

  • Composed of the Office of the Secretary, bureaus, services, and regional offices.
  • The Secretary advises the President on housing matters, sets policies and standards, promulgates rules, controls and supervises employees, and coordinates government programs.
  • The Secretary serves as a voting member on various national boards such as NEDA, Climate Change Commission, NDRRMC, and National Land Use Committee.
  • Assisted by three Undersecretaries and three Assistant Secretaries with specified qualifications.

Human Settlements Adjudication Commission (HSAC)

  • HLURB is reconstituted as HSAC attached to DHSUD for policy coordination only.
  • Composed of five Commissioners appointed by the President, including an Executive Commissioner responsible for administration.
  • Regional Adjudicators appointed for regional branches handle original jurisdiction cases.
  • Handles disputes involving subdivisions, condominiums, HOAs, land use, and housing laws.
  • Has authority to promulgate rules, administer oaths, summon witnesses, hold contempt proceedings, issue injunctions, and enforce decisions.
  • Appeals from Regional Adjudicators go to the Commission, and Commission decisions may be appealed to the Court of Appeals.

National Human Settlements Board

  • A board exercises powers and functions in policy and program development of attached agencies.
  • Chaired by DHSUD Secretary with key government secretaries and heads of attached agencies as members.
  • Home Development Mutual Fund retains its own board.

Attached Corporations

  • DHSUD supervises National Housing Authority, National Home Mortgage Finance Corporation, Home Development Mutual Fund, and Social Housing Finance Corporation.
  • These corporations retain functions under existing charters but follow DHSUD policy directions.
  • Plans to restructure corporations to eliminate program overlaps and streamline functions within two years.

Housing One-Stop Processing Centers (HOPCs)

  • Established regionally to centralize processing of housing-related permits, clearances, and licenses.
  • Ceilings for various housing income categories determined jointly by DHSUD and NEDA and reviewed every two years.
  • Agencies involved in permit processing assigned authorized personnel to HOPCs.

Land Identification and Designation

  • DHSUD coordinates with DENR, DAR, DA, DILG, and LRA to identify suitable government lands for housing and rural development within 180 days.
  • Prioritizes idle government lands unused for over ten years, excluding exempt lands.
  • Identified lands subject to transfer or administration approval by the President.

Transitory Provisions

  • Transfer and consolidation of functions and assets of HUDCC and HLURB to DHSUD and HSAC respectively.
  • Specific functions transferred from HLURB to DHSUD include land use planning, regulation of subdivisions, and HOA supervision.
  • Employees of consolidated agencies are guaranteed security of tenure and may be absorbed or separated with benefits.
  • Implementation rules to be prepared within 90 days.
  • Transition period for full implementation is six months.

Appropriations and Miscellaneous Provisions

  • Initial implementation funded through existing appropriations, subsequent funding included in annual budget.
  • DHSUD required to conduct a mandatory review of implementation three years after effectivity.
  • Standard legal provisions on separability, repealing inconsistent laws, and effectivity provided.

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