Law Summary
Definitions of Key Terms
- Site Development: Improvements to project site including roads, drainage, sewerage, water, and electrical systems.
- Building Construction: Process of constructing shelter infrastructure.
- Performance Security: Guarantee by developer/contractor to complete the project according to approved plans and specifications.
- Retention Fee: 10% of contract price withheld from payment to cover defective works.
Eligibility Criteria
- Community associations must be registered landowners or have usufructuary arrangements or prior lot acquisition loans under HDH.
- Must comply with requirements for building construction and/or site development loans.
Loan Entitlement and Amount
- Maximum loanable amount per informal settler family (ISF) is ₱450,000 inclusive of land acquisition, construction and site development.
- Loan amount determined by the lowest of: sum of member-beneficiaries' entitlement, project cost, or appraised property value.
Interest Rate and Loan Term
- Interest rate fixed at 4.5% per annum.
- Maximum loan term of 30 years.
Tenurial Arrangement
- Community association must notify SHFC before construction about chosen tenurial arrangement (usufruct, condominium title, or similar).
Contractor/Developer Assessment and Selection
- SHFC conducts due diligence on selected contractors/developers reviewing financial stability, managerial capability, technical expertise, and experience.
- Community association must submit report on contractor/developer selection process.
- Criteria include PCAB licenses, and membership in real estate and developer associations.
- Multiple contractors allowed for large projects (≥500 units) with same assessment requirements.
Loan Release Procedures
- Management endorses project for Board approval after reviewing contractors and submitted documents.
- Mobilization fund of 15% granted upon Notice to Proceed.
- Loan releases thereafter are made in up to four tranches based on progress billing aligned with approved work schedule.
- Required submission for each release includes Statement of Work Accomplishment, photos, billing, and completed work certificates.
- SHFC verifies collateral value before disbursing each drawdown.
Security for Loan
- Loan secured by Real Estate Mortgage annotated on the community association's land title.
Developer/Contractor Certification
- Developer/contractor must certify conformity of plans and works with applicable laws and local ordinances.
- SHFC not liable for deviations made after certification.
Performance Security
- Performance security in form of surety bond equal to 10% of contract price required from contractor/developer.
- Release of bond within 15 days after project completion subject to satisfactory validation.
Retention Fee
- SHFC retains 10% of contract price as retention fee for repairs of defective work.
- Fee released within 6 months after project completion and board resolution confirming acceptance of repairs.
Amortization
- Member-beneficiaries start amortization payments two months after issuance of Certificate of Completion and Acceptance by community association.
Insurance Requirements
- Mortgage Redemption Insurance (MRI): First-year premium paid upfront; subsequent premiums included in monthly amortization.
- Fire and Allied Perils Insurance (FAPI): Covers house and improvements; premium payment structured as per MRI.
Documentary Requirements
- Detailed checklist for site development and building construction loan application attached.
Effectivity
- Rules effective immediately upon publication on SHFC website.
Contractor Evaluation Criteria (Annexure)
- Due diligence on registrations, permits, licenses, and certifications.
- Evaluation of company profile, key personnel, ongoing and completed projects.
- Verification of organizational structure, equipment, suppliers.
- Review of financial capacity including audited statements, tax returns, and tax clearances.
Documentary Requirements for Board Approval (Annex B)
- Technical: Detailed architectural and engineering plans, cost estimates, permits, certifications, and reports.
- Contractor/Developer Eligibility: Incorporation papers, permits, licenses, financial statements, tax compliance.
- Legal/Mortgage Examination: Contracts, loan agreements, assignments, promissory notes, identification, and title documents.
All technical plans must be signed and sealed by licensed professionals and approved by relevant authorities.