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PD 957 for house-and-lot buyers: what the law gives you

Presidential Decree 957, the Subdivision and Condominium Buyers' Protective Decree, governs subdivision lots and condominium units sold to the public. A resale by the first buyer is exempt from the license to sell (Section 7). Buying a house and lot from a developer, you have rights under it from the reservation to the title. This is each one, with the section it comes from.

Who enforces it now

The decree names the National Housing Authority as its regulator. Since Republic Act 11201 of 2019, that role belongs to the Department of Human Settlements and Urban Development (DHSUD), formed from the housing coordinating council and the Housing and Land Use Regulatory Board. Disputes went to a separate body: the board's adjudication became the Human Settlements Adjudication Commission, whose Regional Adjudicators hear buyers' claims (RA 11201, Sections 4, 12, 16 and 25). DHSUD answers common questions in its PD 957 legal FAQs.

Your PD 957 rights, from reservation to title

Each row gives the right, its figure or condition, and the section it comes from.

Before you pay

RightFigureSource and condition
The project is registered and the seller holds a license to sellno license, no salePD 957 Sections 4 and 5; the license is not issued without a performance bond for the roads, drainage, water and lighting (Section 6)
What the brochure and the ads promise is part of the deala sales warrantyPD 957 Section 19: the owner or developer is liable for facilities and improvements promised in advertisements

Once you sign

RightFigureSource and condition
The contract to sell or deed of sale is registered by the sellerRegister of DeedsPD 957 Section 17, whether or not the price is paid in full

While it is built

RightFigureSource and condition
Roads, water, lighting and the promised facilities are finished1 year, or the period the regulator setsPD 957 Section 20: counted from the issue of the license to sell, unless the regulator fixes another period
The approved roads and open spaces are not changedregulator and buyers must agreePD 957 Section 22: needs the regulator's permission and the written consent of the homeowners association, or, where there is none yet, of most lot buyers
Open space in a project of a hectare or more, roads and community facilities included30 percentPD 957 Section 31 as amended by PD 1216, counted on the gross area; the green part, parks and playgrounds, takes 3.5, 7 or 9 percent depending on density, and cannot be sold or built on
The developer starts a homeowners associationrequiredPD 957 Section 30
A mortgage on your lot needs approval, and you are toldwritten approvalPD 957 Section 18: you may pay your installments straight to the lender so the lot can be titled on full payment

If the developer fails

RightFigureSource and condition
After notice, you may stop paying and your payments are not forfeitedno forfeiturePD 957 Section 23: where the developer fails to develop to the approved plans within the time limit; you may ask for all payments back, amortisation interest included and delinquency interest excluded, with interest at the legal rate. If a bank loan paid the price, the lender is joined in the claim (RA 11201 Section 16)

If you fall behind

RightFigureSource and condition
After at least two years of installmentsa month of grace per year paidRA 6552 Section 3, applied by PD 957 Section 24: down payments and deposits count toward the two years; the grace is usable once every five years; on cancellation a refund of half of what was paid, rising by 5 percent a year after five years, to 90 percent at most
After less than two years of installments60 days of graceRA 6552 Section 4: no refund is provided; the seller may cancel only 30 days after you receive a notarial notice

On full payment

RightFigureSource and condition
The title is delivered to youno fee for the title beyond registering the deedPD 957 Section 25: a mortgage on the lot is redeemed by the developer within six months of the title's issue
Real property tax is the developer's until the title passesuntil the title passesPD 957 Section 26: if you take possession and occupy the lot first, you owe the developer the tax from the following year

If it goes wrong

RightFigureSource and condition
Where a buyer's claim is heardHSACRA 11201 Sections 15 and 16: Regional Adjudicators of the Human Settlements Adjudication Commission hear refund and development claims against the owner, developer, dealer, broker or salesman, with appeal to the Commission

The two rights buyers lean on most

When the developer does not build to the approved plans on time

“No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same.”

Section 23, PD 957

The order matters: notice to the developer first, then stopping payment. Your payments are not forfeited, and you may ask for them back with interest at the legal rate. Promises made in brochures and advertisements are a separate warranty under Section 19. Section 23 does not cover a buyer who stops paying for reasons of their own; that is the next case.

Stopping payment under Section 23 of PD 957 when the developer does not build to the approved plansFive boxes joined by arrows. The developer fails to develop the project according to the approved plans or within the time limit; the buyer gives notice to the developer first; the buyer then stops paying; the installments paid are not forfeited; and the buyer may ask for them back with interest at the legal rate.Developer fails tobuild to planor on time, sec. 23Notice to thedeveloperfirst, sec. 23Buyer stops payingsec. 23Payments notforfeitedsec. 23Ask for a refundwith interestlegal rate, sec. 23
The order Section 23 sets: notice to the developer comes before you stop paying. It covers only a developer's failure to develop the project as approved, not a buyer who stops paying for reasons of their own.

If a bank or other lender financed the price, the lender is made a party to the claim (RA 11201, Section 16). Stopping payment to a developer is not the same as stopping payment on a housing loan, so see a lawyer before you stop paying a lender.

When you fall behind on the installments

Section 24 of PD 957 sends a buyer who defaults for reasons of their own to Republic Act 6552, often called the Maceda Law. With at least two years of installments paid, counting down payments and deposits, you earn one month of grace for every year paid, usable once every five years, and if the contract is cancelled the seller must refund half of what you paid, rising by 5 percent a year after the fifth year, to 90 percent at most. Cancellation takes effect only 30 days after you receive a notarial notice and the refund is paid in full (Section 3). With less than two years paid, you get at least 60 days of grace but no refund, and cancellation again needs a notarial notice and 30 days (Section 4). Either way you may sell or assign your rights, or bring the account up to date, during the grace period and before the contract is actually cancelled (Section 5). The Maceda Law guide reads the Act section by section, with the grace period and refund by years paid.

A buyer's own default under PD 957 Section 24, which sends it to the Maceda LawSix boxes joined by arrows. The buyer defaults for reasons of their own; a grace period follows, one month for every year paid after at least two years, or at least 60 days with less; if the account is not brought up to date, the seller sends a notice of cancellation by notarial act; 30 days pass from the buyer's receipt of it; with at least two years paid, the refund is paid in full; and only then is the contract cancelled.Buyer defaults,own reasonsPD 957, sec. 24Grace periodRA 6552, secs. 3, 4Notarial noticeof cancellationsecs. 3, 430 days fromreceiptsecs. 3, 4Refund paidin fullif 2 years paidContract cancelled
The route Section 24 sends a buyer's own default down, under RA 6552 Sections 3 and 4. The refund step applies only after at least two years of installments, and during the grace period you may still sell your rights or bring the account up to date (Section 5).

What the law does not check for you

PD 957 protects the purchase. It says nothing about whether the model house suits your family, whether the lot drains, whether the house can be extended later, or what the subdivision's deed restrictions allow you to build. Those are the questions to settle before the reservation fee, and they are design questions:

Arktektura's consultation for future home buyers covers these on site, before you sign.

What this page does not cover

  • A dispute over your contract. How these rights apply to one sale turns on the contract, the payments and the dates. For that, a lawyer reads the documents, and claims go to the Human Settlements Adjudication Commission.
  • Life in the subdivision after you move in. The homeowners association's powers and your rights as a member are in the RA 9904 guide.
  • Condominium ownership. Units are covered by PD 957 too, but the Condominium Act adds its own rules on common areas and the corporation.
  • The implementing rules. DHSUD's rules add detail to the decree, including subdivision design standards, and are not summarised here.

Sources, as published by the Lawphil Project: Presidential Decree No. 957, Presidential Decree No. 1216, which rewrote Section 31, Republic Act No. 6552, and Republic Act No. 11201.

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