How To Apply For Certificate Of Registration In The Philippines

As property developers, you are responsible for securing the Certificate of Registration (CR) and License to Sell (LS) Subdivision/Condominium Projects and Other Real Estate Projects. Accomplishing these requirements will eventually provide a smooth and transparent transaction for buyers looking for potential developments. Part of that responsibility involves acquiring all related certifications and licenses that will allow you to serve the market with the utmost confidence and professionalism.

Presidential Decree 957 (PD 957), also known as “The Condominium and Subdivision Buyer’s Protective Decree,” advises real estate buyers to look for three essential requirements before purchasing any potential property. These are the Certificate of Registration, the License to Sell, a Broker/Agent’s Certificate of Registration, and the Department of Human Settlements and Urban Development (DHSUD) ID Cards.

This article will explain the essential prerequisites for obtaining a Certificate of Registration, what they are, how they function, and what you need to prepare.

What Is A Certificate of Registration?

The Certificate of Registration (CR) is a formal certificate given by the Department of Human Settlements and Urban Development (DHSUD) or formerly known as the Housing and Land Use Regulatory Board (HLURB), that certifies the viability of the project as well as the capability of the developer in implementing the project. Hence, it practically revolves around a simultaneous screening process of the real estate project and the proponent-developer.

What Requirements Should You Prepare?

Developers planning to apply for a Certificate of Registration are legally required to have a minimum of 10 documents at hand before processing. Although Rule IV – Section 7 of PD 957 specifies a whole list, the following is a less overwhelming list of the CR requirements classified by the nature of the document:

Maps and Drawings

• Certified True Copy of either the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) with a “CERTIFIED TRUE COPY” stamp by the corresponding Register of Deeds (RD) bearing its seal or security marker
• For projects covering over 20 individual titles without the requirements mentioned earlier, shall require the following:
  • Photocopy of all TCTs
• Certification from the concerned RD stamped with a seal or security mark, showing the following information:
  • TCT or OCT numbers
  • Number of TCT or OCT where the title is derived
  • Lot and block numbers, PSD/PSU/PCS numbers, etc.
  • Name of the registered owner(s) and, if any, their sharing
  • Area covered by each land title
  • If any, statement of all uncancelled encumbrances and liens.
• Electrical drawings and specifications are signed and sealed by a licensed electrical engineer and duly approved by the local franchise holder.
• Master Deeds with Declaration of Registration and Declaration of Restrictions annotated correctly in the title(s) of the property.
• Certified True Copy of the mentioned title(s) from the Register of Deeds

Business and Financial Documents

• Certified copy of the original, duly-audited balance sheet signed and issued by an official authorized by the applicant.
• Articles of Information (or of Partnership or Association) authorizing the applicant to engage in real estate trade, particularly in the selling and development of both lands and units
• Advertisement, brochure, circular, communication, or any prospectus used for public offering and circulation of the said project – duly approved by the Board
• A sample copy of Contract to Sell to be used for the public offering of lots, units, or both

Authorizations and Affidavits

• Sworn Registration Statement with either:
  • HLURB Form 001 for Corporation
  • HLURB Form 003 for Single Proprietorship
• In case of amendments bound to affect the Contract to Sell, Pro-forma affidavit signifying willingness to change the project name
• Certified True Copy of Environmental Compliance Certificate (ECC) or Certificate of Non-coverage (CNC), whichever is applicable from the DENR or more known as the Department of Environment and Natural Resources 
• Zoning Certificate from the HLURB Regional Office
• Certified True Copy of DAR Conversion Order, except in properties already classified as residential, commercial, industrial, or other similar occupancies
• Authorization to operate a deep well and water resistivity test from the National Water Resources Board (NWRB)
• Water potability test results from concerned agencies such as Maynilad
• Building Permit
• In case of TCT’s issued more than one month before the application, an affidavit of the owner certifying that the property is free from liens and encumbrances
• If the applicant is not the owner, a deed from the registered owner showing the apparent authority of the applicant to the property will be the one to sign and receive documents and other similar proof of power.
• The following affidavits are required if there is a mortgage to the project or a portion of the project:
  • Affidavit of undertaking to submit the title
  • Certification from the mortgagee regarding the outstanding balance of loan and amortization schedule
  • Mortgage of contract
  • Affidavit of the undertaking of the mortgagor
• For businesses deviating from their intended purpose, authorization from the Securities and Exchange Commission (SEC) and the appropriate government agency to engage in the development and selling of the project

How Does The Certificate Of Registration Application Process Work?

Although relatively different, the application process of the Certificate of Registration (CR) and License to Sell (LS) are the same. Below is s step-by-step workflow of the application process:

Filing: One-day Processing Time

• Applicant files application with all necessary documents
• A Records Officer (RO) from the Records Section (RS) checks the completeness of the documents. The application will be forwarded to the Regional Director’s Office once complete.
• A Records Officer from the Regional Director’s Office (RDO) receives, logs, and indorses the documents to the Technical Services Group (TSG)
• The Head of the TSG receives and assigns documents to the processor for evaluation.

Evaluation and Pre-publishing: One- to Three-day Processing Time

• The processor evaluates the compliance of the application based on the requirements.
• If the application deviated from standards and guidelines, the processor issues a Notice in Deficiency in Requirements
• Processor fills up the Pro-forma Notice to Publish

TSG Evaluation: One-day Processing Time

• Head of the TSG evaluations documents and initials
• The Technical Services Group will then forward the application papers to the Regional Director’s Office (RDO)

Back to the Records Section: Two- to Three-day Processing Time

• Records Officer (RO) from the Regional Director’s Office (RDO) forwards the documents to the Records Section (RS)

Mailing of Notice to Publish: Two- to Three-Week Processing Time

• Records Officer (RO) from the Regional Director’s Office (RDO) mails the Notice to Publish to the applicant

Public and Pre-inspection: Seventeen-day Processing Time

• The applicant receives and publishes Notice to Publish
• The applicant submits Affidavit of Publication
• Applicant coordinates with the inspector or processor to schedule a site inspection

Registration and Inspection: One- to Two-day Processing Time

• The processor receives an Affidavit of Publication.
• After two consecutive weeks from the last day of publication, the processor will consider the project as registered unless clearance from legal and monitoring groups requires compliance to orders issued by the Office.
• Inspector conducts site inspection, determines the extent of the development, and computes its performance bond and processing fee.

Performance Bond and Fee: One- to Two-day Processing Time

• Inspector accomplishes the Pro-forma of letter or advice on performance bond and fee
• Inspector evaluates and initials

TSG Evaluation: One- to Two-day Processing Time

• The Head of the TSG evaluates documents and signs
• A Records Officer from the Regional Director’s Office forwards the documents to the Records Section

Order of Payment: One-day Processing Time

• Applicant posts a performance bond and submits the documents certifying the performance bond or guarantee from the Financing Institution.
• A Records Officer from the Regional Director’s Office receives the documents and prepares an Order of Payment (OP)
• Applicant pays the corresponding processing fee.
• The cashier receives the payment and prepares an Official Receipt (OR)

Performance Bond Evaluation and CR Awarding: Three- to Four-day Processing Time

• Processor evaluates the acceptability of the performance bond
• Processor proceeds to prepare the Certificate of Registration and Executive Brief
• Head of the TTSG reviews and signs the mentioned documents
• A Records Officer from the Regional Director’s Office logs out the papers and transmits them to the Records Section
• A records officer from the Records Section releases the Certificate of Registration to the applicant

The Purpose Of the Certificate of Registration

As you may have observed, the application procedure for the Certificate of Registration is where the project and all parties involved undergo due diligence. Given its mandatory nature under the Philippine law, having a clear picture of what this certification entails is one of the primary steps in securing a smooth-sailing real estate endeavor.