Developer Obligations Philippines

Developer Obligations Philippines

Real estate developers in the Philippines have a responsibility to provide basic amenities and services, especially if they commit to these provisions in their contractual agreements with homeowners. Access to clean and consistent water supply is one of the primary necessities in residential areas. Here's a deep dive into the rights of homeowners and the obligations of developers regarding water supply:

1. Contractual Obligations: Before purchasing property in a development, homeowners usually enter into a contract with the developer. This contract often outlines the amenities and services that the developer promises to provide, including water supply. If the developer fails to uphold their end of the agreement, they may be in breach of contract.

2. Implied Obligations: Even if there isn't a specific clause in the contract regarding water supply, there is an implied obligation on the part of developers to ensure the provision of basic utilities. This is fundamental to the habitability and functionality of the property.

3. Legal Recourse: If a developer fails to provide essential services, homeowners can seek legal remedies. They can file a complaint with the Housing and Land Use Regulatory Board (HLURB), which oversees housing developers. This board can impose sanctions on erring developers.

4. Collective Action: Affected homeowners can band together and approach the developer as a collective, either through a homeowners' association or as a group of concerned residents. There's strength in numbers, and a collective approach might prompt quicker action from the developer.

5. Alternative Solutions: While waiting for the developer to address the issue, homeowners can explore temporary solutions such as sourcing water from nearby areas or using water storage facilities.

6. Mediation and Arbitration: Before resorting to litigation, parties can consider mediation or arbitration. This provides a platform for both sides to discuss their concerns and arrive at a mutually agreeable solution without going through a potentially lengthy court process.

7. Right to Essential Services: The right to access essential services, such as water, is anchored on the broader human rights framework. Denial of such services can be seen as a violation of basic human rights, especially if it jeopardizes health and well-being.

8. Documenting the Issue: Homeowners should keep a record of all communication with the developer, as well as any adverse effects they experience due to the lack of water. This documentation can be valuable if legal action becomes necessary.

In conclusion, while real estate developers in the Philippines have obligations to ensure the provision of essential services, homeowners also have rights and avenues for recourse. It's crucial to understand these rights and to act promptly when they are infringed upon.