Condo Project Registration Rules

Lra Circular No. 25
LRA Circular No. 25 mandates that the registration of condominium projects does not require a certificate of registration and license to sell from the Housing and Land Use Regulatory Board prior to the recording of the master deed and declaration of restrictions, streamlining the process for developers and owners.

Basis under the Condominium Act

  • Section 4 of Republic Act No. 4726 (Condominium Act) provides that a condominium project is constituted by the recording in the Register of Deeds and annotation on the corresponding certificate of title of the enabling or master deed.
  • Section 9 of Republic Act No. 4726 (Condominium Act) requires registration of the declaration of restrictions prior to the conveyance of any condominium unit.
  • LRA Circular No. 25 is issued to harmonize registry practice with the timing requirements of Republic Act No. 4726.

Rule on master deed and declaration restrictions recording

  • Registries of deeds must not require condominium owners, dealers, or developers to present a certificate of registration and license to sell from HLURB before recording the enabling or master deed and the declaration of restrictions.
  • Registration and licensing of a condominium project with HLURB presupposes that the project already exists under Section 4 of Republic Act No. 4726.
  • Recording of the master deed and the declaration of restrictions must proceed without first requiring the HLURB certificate of registration and license to sell.

HLURB certification requirement before conveyance

  • Documents for the master deed and declaration of restrictions that are duly certified by HLURB must be required before the conveyance of any condominium unit is registered.
  • NLTDRA (LRC) Circular No. 73, dated March 7, 1986, governs the certification requirement referenced by LRA Circular No. 25.
  • The required HLURB certification must be completed before the registration of the conveyance of any condominium unit.

Practical effect for registries of deeds

  • Registries of deeds must distinguish between (1) recording of the enabling/master deed and declaration of restrictions, and (2) registration of the conveyance of condominium units.
  • The HLURB certificate of registration and license to sell is not a prerequisite for recording the enabling/master deed and declaration of restrictions.
  • HLURB-duly certified documents are required before the conveyance of any condominium unit is registered.
  • Strict compliance with these instructions is expressly enjoined.

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