Step-by-Step Procedure for Registering a Master Deed and Declaration of Restrictions

In the Philippine real estate framework, the Master Deed and Declaration of Restrictions (MDDR) is the fundamental document that gives birth to a condominium project. Governed primarily by Republic Act No. 4726 (The Condominium Act), as amended by Republic Act No. 7899, the MDDR defines the legal boundaries of individual ownership and the collective governance of common areas.

Registration is not merely a formality; it is a mandatory act to subject a piece of land to the Condominium Law and to enable the issuance of individual Condominium Certificates of Title (CCTs).


I. Essential Contents of the MDDR

Before proceeding to registration, the document must be notarized and contain the following statutory requirements:

  • Description of the Land: Technical description of the property as found in the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT).
  • Description of the Building: Number of stories, basements, and the materials used.
  • Unit Identification: A schedule of all units, including their numbers, areas, and locations.
  • Common Areas: Clear demarcation of areas held in common (lobbies, elevators, structural walls, amenities) and those restricted for specific use.
  • The Percentage of Undivided Interest: The fractional or percentage share each unit owner holds in the common areas and the Condominium Corporation.
  • Statement of Purposes: Whether the units are for residential, commercial, or mixed-use.
  • Declaration of Restrictions: Rules on management, maintenance, insurance, and the "right of first refusal" (if any).

II. The Step-by-Step Registration Procedure

The process involves multiple government agencies, moving from local zoning to national land registration.

1. Secure Preliminary Approvals (DHSUD)

Before the MDDR can be registered with the Registry of Deeds, the project owner/developer must obtain the necessary permits from the Department of Human Settlements and Urban Development (DHSUD).

  • Preliminary Approval and Locational Clearance (PALC): Ensures the project aligns with local zoning ordinances.
  • Development Permit: Issued by the Local Government Unit (LGU) or DHSUD.
  • Certificate of Registration and License to Sell (LTS): While these can follow the MDDR registration, the approved plans must be consistent with what is declared in the MDDR.

2. Verification of the Master Plan

The developer must submit the architectural and structural plans to the Land Management Bureau (LMB) or the Land Registration Authority (LRA) for the approval of the Condominium Plan. This plan must be signed by a licensed Geodetic Engineer and a registered Architect.

3. Payment of Taxes and Fees

Prior to filing with the Registry of Deeds:

  • Documentary Stamp Tax (DST): Paid to the Bureau of Internal Revenue (BIR).
  • Certification Fees: Local government clearances and building permit fees.

4. Submission to the Registry of Deeds (RD)

The notarized MDDR, along with the approved Condominium Plan, is submitted to the Registry of Deeds where the land is located.

  • Annotation: The RD will annotate the MDDR on the Transfer Certificate of Title (TCT) covering the land.
  • Inception of the CCT: Once the MDDR is registered, the TCT of the land is usually cancelled (or held in "mother title" status), and individual Condominium Certificates of Title (CCTs) are issued for each unit described in the MDDR.

5. Incorporation of the Condominium Corporation

Under Section 10 of R.A. 4726, a condominium corporation must be formed for the purpose of holding title to the common areas. The MDDR serves as the blueprint for the corporation’s By-Laws. The Articles of Incorporation must be filed with the Securities and Exchange Commission (SEC), referencing the registered MDDR.


III. Key Legal Implications of Registration

  • Conversion to Condominium Status: The land is officially "converted." Ownership is now split between the "interior space" (absolute ownership) and the "common areas" (co-ownership).
  • Binding Effect: The Declaration of Restrictions acts as a "covenant running with the land." This means every subsequent buyer of a unit is automatically bound by the restrictions in the MDDR, whether or not they were a party to the original document.
  • Management Control: The registered MDDR dictates how assessments (condo dues) are calculated and how the building is managed or dissolved in the event of total destruction or obsolescence (typically after 50 years).

IV. Mandatory Requirements for Registration (Checklist)

Requirement Issuing/Governing Agency
Notarized MDDR Private Legal Counsel / Notary Public
Approved Condominium Plan LRA / LMB / Geodetic Engineer
Certified True Copy of TCT Registry of Deeds
DHSUD Development Permit DHSUD / Local Government Unit
Tax Clearance / DST Receipt Bureau of Internal Revenue (BIR)
Secretary’s Certificate If the developer is a corporation

V. Amendment of the MDDR

It is important to note that once registered, the MDDR cannot be easily changed. Under R.A. 7899, any amendment requires:

  1. Approval by a majority of the unit owners (calculated by percentage of interest).
  2. Notification to all registered lien-holders (banks/mortgagees).
  3. DHSUD Approval and subsequent re-registration with the Registry of Deeds.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.