The National Housing Authority (HA) provides affordable housing to low-income Filipino families. Because these units are government-subsidized, the transfer of ownership is strictly regulated by NHA policies and the Urban Development and Housing Act (R.A. 7279). Unlike private real estate, an NHA beneficiary cannot simply sell the property to any buyer without specific clearances and adherence to mandatory holding periods.

I. The Ten-Year Prohibitory Period

Under NHA regulations and R.A. 7279, housing units are subject to a 10-year prohibitory period.

Restriction: The beneficiary is prohibited from selling, conveying, or leasing the property within 10 years from the date of the award or the full payment of the unit.
Purpose: To ensure that the housing benefit remains with the intended low-income family and to prevent real estate speculation.
Exceptions: Transfers within this period are generally only allowed in cases of hereditary succession (death of the awardee).

II. Eligibility Requirements for Transferees

If the prohibitory period has lapsed, or if an exception applies, the prospective buyer (transferee) must still meet NHA eligibility criteria:

Filipino Citizenship: Must be a Filipino citizen of legal age.
Income Bracket: Must fall within the low-income threshold defined by NHA.
No Prior Awards: Must not have been a previous beneficiary of any government housing program.
No Land Ownership: Must not own any other residential property in the Philippines.

III. Required Documents for Transfer

To formalize the transfer of ownership, the following documents must usually be submitted to the NHA District Office having jurisdiction over the project:

A. From the Original Awardee (Transferor)

Letter of Intent: A formal letter requesting permission to transfer rights.
Original Award Papers: Such as the Order of Award or Lease-Purchase Agreement.
Proof of Full Payment: Certification of Full Payment and Release of Real Estate Mortgage (if applicable).
Updated Real Estate Tax Payments: Latest Tax Declaration and Tax Clearance from the Local Government Unit.

B. From the New Buyer (Transferee)

Affidavit of Transferee: Stating that they meet all NHA eligibility requirements.
Proof of Income: Latest Income Tax Return (ITR), Payslips, or Notarized Affidavit of Income.
Birth Certificate/Marriage Contract: To establish legal identity and civil status.
NBI Clearance: To prove the absence of a criminal record involving moral turpitude.

C. Formal Instruments

Deed of Sale with Assumption of Mortgage: If the unit is not yet fully paid.
Deed of Absolute Sale: If the unit is fully paid and the title is already in the name of the original awardee.

IV. Procedural Steps

Verification: The awardee and buyer visit the NHA District Office to verify the status of the unit and the eligibility of the buyer.
Evaluation: The NHA Social Services Unit conducts an interview and background check on the buyer.
Payment of Transfer Fees: Upon approval, a transfer fee (the amount of which is determined by NHA board resolutions) must be paid.
Issuance of Approval: The NHA issues a formal "Approval of Transfer of Rights."
Titling: The NHA or the buyer proceeds to the Registry of Deeds to cancel the old title (or award record) and issue a new one in favor of the transferee.

V. Consequences of Unauthorized Transfer

Transfers made without NHA’s written consent or before the 10-year period are considered invalid and illegal.

Cancellation of Award: The NHA has the power to cancel the original award and evict the current occupants.
Foreclosure: The government may initiate foreclosure proceedings.
Blacklisting: Both the original awardee and the illegal buyer may be blacklisted from participating in future government housing programs.