Updated to reflect the DHSUD framework created by Republic Act No. 11201 and long-standing land and housing regulations (PD 957, BP 220, RA 9904, RA 4726, RA 6552, and related issuances). This is an educational overview and not legal advice.

I. Regulatory Landscape: Who Does What

DHSUD (Department of Human Settlements and Urban Development). Lead national agency for human settlements and housing regulation and policy. It licenses and regulates real estate developers and projects, particularly subdivisions and condominiums (functions formerly exercised by the HLURB). Through its Regional Offices, it issues Certificates of Registration (CR) and Licenses to Sell (LTS), approves advertisements, investigates complaints, and enforces compliance with PD 957 and BP 220.
LGUs (Cities/Municipalities/Provinces). Issue the Development Permit for subdivisions/condos, process land reclassification/rezoning, and enforce local planning and zoning ordinances.
DENR/EMB, DPWH, DOTr, other regulators. Environmental compliance (ECC), water rights, road access, flood/river setbacks, transport right-of-way, and other sectoral clearances.
SEC (for condominium corporations and some legacy HOAs). Registers condominium corporations and non-stock corporations under the Revised Corporation Code where applicable.
Pag-IBIG Fund (HDMF). Separately accredits developers for its take-out/financing programs; this is not the same as DHSUD licensing. (Many people loosely call any gatekeeping “accreditation,” but DHSUD’s core regime is registration and licensing of projects, not blanket accreditation of companies.)

II. “Accreditation” vs. Registration/Licensing: What DHSUD Actually Requires

DHSUD does not generally issue a universal “developer accreditation” certificate that allows a firm to sell any project anywhere. Instead, DHSUD:

Registers the specific real estate project (subdivision/condo) and the developer for that project, and
Issues a License to Sell (LTS) for the sale of lots/units in that specific project (after LGU development permit and other prerequisites).
Approves advertising/promotion tied to that project.
Monitors compliance and enforces buyer protections (e.g., completion timelines, open spaces, facilities).

Some DHSUD programs or government joint ventures may require program-specific accreditation or MOUs, but for private developments sold to the public, the operative compliance is CR + LTS per project.

III. Core Legal Bases

PD 957 (Subdivision and Condominium Buyers’ Protective Decree) and IRR — principal buyer-protection law governing registration and sales of subdivision lots and condominium units (open market).
BP 220 (Economic and Socialized Housing) and IRR — technical and minimum standards for economic/socialized housing (often cross-referenced with PD 957 for sales controls).
RA 11201 — created DHSUD; transferred HLURB’s regulatory/licensing powers.
RA 4726 (Condominium Act) — legal structure for condos; creates the condominium corporation to own/manage common areas.
RA 9904 (Magna Carta for Homeowners and Homeowners Associations) — rights/obligations of HOAs, registration, governance, and relations with developers and LGUs.
RA 6552 (Realty Installment Buyer Act / “Maceda Law”) — default rights of installment buyers in cases of cancellation.
PD 1216 — defines open space in subdivisions and governs donation/conveyance of open spaces.

IV. End-to-End Compliance Timeline for Developers

Below is a practical sequence (actual order can overlap depending on LGU and project specifics):

Land Due Diligence
- Verify title (TCT/OTC) status, liens/encumbrances, ownership chain.
- Confirm zoning/reclassification and compliance with the CLUP (Comprehensive Land Use Plan).
- Check right-of-way/access, flood risk, geohazards, easements (waterways, transmission lines), and ancestral domain/indigenous peoples’ concerns, if any.
Pre-Development Government Clearances
- Barangay and LGU endorsements (varies by locality).
- Development Permit from the Sanggunian/LGU (after subdivision/condo plan review by the City/Municipal Planning & Development Office, Zoning Admin, etc.).
- DENR-EMB Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage, as applicable.
- Utility/agency clearances (water district, power utility, DPWH/road access, DOTr for rail/proximity, etc.).
- Fire safety, sanitation, and building code compliance (for vertical projects).
Project Registration with DHSUD
- Apply for Certificate of Registration (CR) for the project. Typical documentary set includes:
  - Corporate documents (Articles/By-Laws, Board Resolutions, list of directors/officers), SEC registration if corporation/partnership.
  - Proof of land ownership/rights (TCT, Deed of Sale/Lease/Joint Venture).
  - Approved Development Permit and plans (subdivision plan, condo plans/blueprints).
  - Project feasibility, timetable/implementation schedule, and financial capability (audited FS, capitalization, project cost estimates, source of funds).
  - Performance Security (e.g., performance bond/surety/guarantee or escrow arrangements) when required by DHSUD for ensuring completion of amenities/utilities.
  - Sales documentation templates (Reservation Agreement, Contract to Sell/Deed of Sale, Deed of Restrictions/House Rules, Master Deed with Declaration of Restrictions for condos).
  - Title status (no adverse claims inconsistent with subdivision/condo conveyance).
License to Sell (LTS)
- After CR is evaluated and prerequisites are complete, DHSUD issues the LTS, authorizing the public sale of lots/units for that specific project (or specific phases).
- No selling, no advertising before LTS (PD 957 rule of thumb; violations can trigger fines and cease-and-desist orders).
Advertisement and Salespersons
- Advertisement Approval. All ads, brochures, social media creatives, and model statements must be consistent with the DHSUD-approved plans and LTS. Material deviations can be sanctioned.
- Real estate brokers/salespersons must be PRC-licensed under the Real Estate Service Act (RESA) and properly authorized by the developer; ensure names and PRC license numbers appear in ads where required.
Project Implementation and Monitoring
- Comply with PD 957/BP 220 standards (road widths, drainage, water/power, open spaces, amenities).
- Timely completion of facilities per the approved timetable.
- Open Spaces (PD 1216): maintain, and later convey/donate to the LGU or HOA as allowed by law and local policy.
- Reportorial requirements to DHSUD; cooperate with inspections and respond to buyer complaints.
Turnover
- Unit/Lot turnover to buyers following acceptance protocols.
- Common areas/facilities turnover:
  - Subdivision: common areas and facilities typically transferred to the HOA (or LGU for open spaces as applicable).
  - Condominium: common areas are owned by the condominium corporation; developer turns over control to unit owners as provided in the Master Deed and the Condominium Act.

V. Developer Obligations and Buyer Protections (PD 957/BP 220 Highlights)

No pre-LTS sale or advertising.
Full disclosure: Approved plans, amenities, completion schedules, and deed restrictions must be available to buyers and must match marketing claims.
Completion guarantees: Developers may be required to post performance security; substantial delays can result in sanctions.
Price and charges transparency: HOA dues estimates, taxes, utility connection fees, and closing costs should be reasonably disclosed.
Alterations to plans or amenities that materially affect buyers generally require DHSUD approval and sometimes buyer consent.
Refund and cancellation rights: PD 957 (and Maceda Law for installment sales) provides minimum protections for buyers; project-specific contracts cannot reduce statutory rights.
Warranty/defects liability: Building Code and civil law warranties apply (e.g., hidden defects, structural warranties for vertical projects).

VI. Common Triggers for DHSUD Enforcement

Selling or booking reservations without LTS.
Misleading advertising or discrepancies between ads and approved plans.
Failure to develop/complete roads, drainage, water/power, or amenities on schedule.
Unauthorized changes in development plans or facilities.
Non-disclosure of material facts (e.g., flood risks, right-of-way issues).
Non-turnover of common areas/open spaces when legally due.

Sanctions may include: fines, cease-and-desist orders, suspension/revocation of CR/LTS, and administrative or criminal liability under PD 957/BP 220 and related laws.

VII. Forming and Governing a Homeowners Association (HOA)

A. What counts as an HOA and who is covered?

RA 9904 covers subdivisions and condominiums; “homeowners” include lot owners, house and lot owners, and condominium unit owners.
An HOA is typically a non-stock, non-profit organization of homeowners that manages and advances the community’s interests, administers common areas (for subdivisions), and represents the community before the LGU and other agencies.
In condominiums, the condominium corporation (under RA 4726) performs the HOA-like management role. RA 9904 rights/obligations are read together with the Condominium Act and the Master Deed.

B. How to organize an HOA (Subdivision Setting)

Organizational Meeting. Homeowners agree to form an association and adopt a name.
Drafting Documents. Prepare Articles of Association/ Incorporation (non-stock) and By-Laws, including: purposes; membership rules; dues/assessments; board composition; meeting and voting rules; financial controls; grievance and discipline; and audit provisions.
Interim Board and Officers. Elect interim leaders to sign filings and open a bank account.
Registration. File for HOA registration with DHSUD (Regional Office) pursuant to RA 9904 and its IRR. (Legacy HOAs registered with the SEC remain valid; many communities now register or transition through DHSUD under RA 9904.)
Post-Registration Compliance. Obtain TIN, register books, adopt financial controls, open collection channels, and schedule the first regular elections.

Note: If your community is a condominium, owners typically become members/shareholders of the condominium corporation registered with the SEC alongside the Master Deed. Day-to-day governance follows the Master Deed, By-Laws, the Condominium Act, and PD 957. Many condo communities also adopt house rules aligned with RA 9904 principles.

C. Membership, Dues, and Governance

Membership. Buyers/owners in the subdivision/condo are generally members by purchase (compulsory membership regimes are valid when created by law, by-laws, deed restrictions, or the Master Deed).
Voting. Typically one vote per lot/unit (unless by-laws provide proportional voting). Proxies may be allowed per by-laws.
Dues/Assessments. Enforceable when properly authorized in the by-laws/deed restrictions/Master Deed and approved per procedure. Non-payment may lead to sanctions (e.g., suspension of use of certain facilities) but cannot deny essential services or violate basic rights.
Transparency and Accountability. Members have the right to inspect books, receive annual financial statements and audited reports (if required by thresholds), and demand accountability from officers.
Dispute Resolution. By-laws should provide grievance processes and may adopt mediation before court/administrative action.

D. Relationship Between Developer and HOA

Developer control period. Early on, the developer often controls the HOA/condo board until turnover thresholds (e.g., upon sale of a specified percentage of lots/units or completion of facilities).
Turnover of common areas.
- Subdivision: common facilities typically transferred to the HOA; open spaces are donated to the LGU as mandated by PD 1216/local ordinances (unless another lawful arrangement is approved).
- Condominium: common areas belong to the condominium corporation; developer turns over control to unit owners per the Master Deed.
Warranties and punch lists. The HOA/condo corporation coordinates with the developer on defects liability and incomplete works.
Ongoing obligations. If amenities promised in the LTS are delayed, the HOA may seek DHSUD enforcement.

VIII. Key Documents Every Subdivision/Condo Project Should Have

From the Developer
- LGU Development Permit and approved plans
- DHSUD CR and LTS (per phase, if phased)
- Advertisement approval(s)
- Master Deed with Declaration of Restrictions (condo) or Deed of Restrictions (subdivision)
- Performance Security (if applicable) and project timetable
- Sales contracts (Reservation Agreement, CTS/Deed of Absolute Sale)
From/For the HOA or Condo Corporation
- Articles and By-Laws (and SEC docs for condo corporations)
- House Rules and Collection Policy
- Turnover documents (as-built plans, operations manuals, equipment warranties, titles to common areas where applicable, donation documents to LGU for open spaces)
- Financial controls (bank resolutions, signatories, bookkeeping and audit protocols)

IX. Practical Checklists

A. Developer Project Compliance (PD 957/BP 220)

☐ Title verified; zoning compliant
☐ LGU Development Permit issued
☐ Environmental/sectoral clearances obtained
☐ DHSUD CR approved; LTS issued (phase-matched)
☐ Ads cleared; brokers/salespersons duly licensed/authorized
☐ Amenities/utilities programmed and financed; performance security in place
☐ Sales documents align with DHSUD-approved terms; Maceda Law and PD 957 protections embedded
☐ Buyer communication and complaint handling protocols established
☐ Turnover plan (common areas, open spaces, documents, warranties) ready

B. HOA Formation (Subdivision)

☐ Organizational meeting and community outreach
☐ Articles & By-Laws drafted with clear voting, dues, and transparency rules
☐ Interim board elected; bank and TIN set up
☐ Registration with DHSUD Regional Office completed
☐ Financial controls, books, and audit plan in place
☐ Turnover roadmap with developer (titles to common areas, open spaces to LGU, as-builts, manuals)
☐ Regular elections, minutes, annual budget, and member communications calendar

C. Condo Community Governance

☐ Verify condominium corporation SEC registration and Master Deed
☐ Board elections per By-Laws; quorum and proxy rules enforced
☐ Clear assessment/collection and house rule regimes
☐ Building systems O&M manuals and warranty tracking
☐ Reserve fund policy for major repairs/replacements
☐ Alignment with PD 957 buyer protections and RA 9904 best-practice rights

X. Frequent Pain Points (and How to Avoid Them)

Pre-selling without LTS. Do not collect reservations or issue receipts that imply sale before LTS.
Vague amenities promises. Ensure ads and contracts mirror approved plans; avoid “to follow” amenities without clear schedules and budget.
Under-budgeting for utilities. Water/power connections and drainage are frequent delay drivers—lock in utility MOAs early.
Turnover confusion. Define what is turned over, to whom, and when (HOA vs LGU open space).
HOA dues disputes. Adopt transparent budgets and publish audited financials to build trust.
Documentation gaps. Preserve an organized “turnover binder”: permits, approvals, as-builts, warranties, manuals, donation deeds, insurance.

XI. Penalties and Remedies

Administrative: fines, CDOs, suspension/revocation of CR/LTS, blacklisting from program participation.
Civil: rescission, damages, specific performance, injunctions; enforcement of Maceda Law rights.
Criminal: PD 957 violations may carry penal sanctions against responsible corporate officers.
Alternative Dispute Resolution: Many disputes resolve through DHSUD mediation/conciliation or HOA-level processes before litigation.

XII. Quick Answers to Common Questions

Do I need a DHSUD “accreditation” to be a developer? Not in the blanket sense. You need project-specific CR and LTS (and ad approvals). Pag-IBIG developer accreditation is a separate financing-program requirement.
Can we sell once the LGU issues the Development Permit? No. You must wait for DHSUD LTS (and comply with ad approval) before any selling or marketing.
Who registers our HOA? DHSUD Regional Office under RA 9904 (for subdivisions/communities). Condominium corporations are registered with the SEC under the Condominium Act; RA 9904 principles also guide condo governance.
Are HOA dues mandatory? If authorized by law/by-laws/deed restrictions/Master Deed and properly approved, yes—with due process and transparency safeguards.

XIII. Action Steps for Compliance-Ready Teams

Map the timeline from land acquisition to turnover with named owners for each regulatory workstream.
Front-load critical dependencies: ECC, utility MOAs, right-of-way, and flood/drainage design.
Standardize contracts to embed PD 957 and Maceda Law protections; keep a live matrix of DHSUD-approved versions.
Institute ad governance: pre-clear every promotional material; keep a “what we promised” ledger matched to approved plans.
Plan community governance early: pre-draft HOA/condo scripts, house rules, turnover checklists, and reserve funding policies.
Document, document, document: approvals, inspections, punch lists, and buyer communications for auditability.

Final Note

Because procedures and documentary checklists can vary by DHSUD Regional Office and LGU, confirm local procedural circulars, fees, and forms before filing. For complex or mixed-use projects, consider a pre-filing conference with DHSUD and the LGU to align on phasing, securities, and turnover structure.