Building Laws: National Building Code

PD 1096

National Building Code of the Philippines

Code of Hammurabi

The first building law recorded in history

Prescriptive Law

A building law trend that deals with local issues

Performance Based Law

A building law trend that deals with what is right from wrong

EO648

Executive Order: The HLURB

HLURB

Housing and Land Use Regulatory Board

EO72

Executive Order: Preparation and Implementation of the CLUP

CLUP

Comprehensive Land Use Plan

EO71

Executive Order: Approval of Preliminary and Final Subdivision Plan

EO90

Executive Order: The HUDCC

HUDCC

Housing and Urban Development Coordinating Council

EO124

Executive Order: Evaluating Areas for Land Conversion

EO1008

Executive Order: Construction Industry Arbitration

PD1216

Presidential Decree: Open Space in Residential Subdivisions

30%

A percentage of 1 hectare of an open space in residential subdivisions under PD1216

9% and 3.5%

A percentage of an open space in socialized housing in residential subdivisions under PD1216

7%

A percentage of an open space in economic housing in residential subdivisions under PD1216

PD957

Presidential Decree: Subdivision and Condominium Buyers Protective Act

PD223

Presidential Decree: PRC

PRC

Professional Regulatory Commission

PD1096

Presidential Decree: NBCP

NBCP

National Building Code of the Philippines

PD705

Presidential Decree: System of Land Classification

PD1067

Presidential Decree: Water Code

PD856

Presidential Decree: Sanitation Code

RA1378

Republic Act: Plumbing Code

RA545

Republic Act: Regulate to Practice or Predecessor of RA9266

RA9285

Republic Act: Alternative Dispute Resolution

ADR

Alternative Dispute Resolution

RA8981

Republic Act: PRC Modernization Act of 2000

RA7279

Republic Act: Urban Development and Housing Act

BP220

Batasa Pambansa: Socialized and Economic Act

BP344

Bastas Pambansa: Accessibility Law

RA8293

Intellectual Property Code

RA7160

Republic Act: Local Government Code

RA4566

Republic Act: Contractor's License Law

Civil Code Article 1723

Civil Liability of Architect

General Provisions

PD1096 - Rule 1

Indigenous Family Dwellings and BP220

Under R1.102 (Declaration of Policy) the following are not included in the NBC

Bodies of Water, Volcanic Sites, and Sources of Fire and Explosives

Under R1.105 (Site Requirements) of the NBC, all buildings must be in a safe distance from 3 factors

Addition

It is a term defined as a new construction or can also be an existing structure. The existing structure can only be increased in height or floor area

Agency

It is a term defined as a government owned identity

Ancillary

It is a term defined as a second structure that is located in the same site as the main building

Alteration

It is a term defined as a change in material or construction. It cannot be increase in height or floor area

Building Official

It is a person who is appointed as an executive officer by the secretary of the city and issues permits for buildings

Building Permit

It is a document that is issued by the Building Official

Construction

It is a term defined as works done on site

Conversion

It is a term defined as a change in use or occupancy

DPWH

Department of Public Works and Highways

Erection

It is a term defined as an installation on site

Renovation

It is a term defined as a physical change in order to increase the value of a building

Repair

It is a term defined to fix something back to it's condition

Administration and Enforcement

PD1096 - Rule 2

Secretary

Under R2.203 (General Powers and Functions of the "blank") This person is in charge of the following: Formulation of Policies, Approval of Referral Codes, Ensure compliance with Memorandum Circulars, and appoints the Building Official

Qualifications of a Building Official

Under R2.206 ("blank" Qualifications) This person must have the following qualifications: Filipino Citizen, Registered Architect / Civil Engineer, Good Standing Member of an Organization for 5 years, Diversified Professional experience for 5 years, and completed a seminar or workshop under the DPWH

5 years

It is the minimum period that the Building Official must gather for a diversified professional experience and a good standing membership in an organization

Duties of a Building Official

Under R2.207 ("blank" Duties) This person is in charge of the following: Enforcement of provisions, Supervision of the issuance and processing of permits, Quarterly Reports to the Secretary and Annual Inspections

Non-Issuance of Building Permit and Certificate of Occupancy

The Building Official has the power to not issue the following permits / certificates upon complaint

Work Stoppage

The Building Official has the power to give an order of Discontinuance

20% of the Income of Fees

Under R2.208 (Fees) It is the percentage of income that the Building Official CANNOT retain. The percentage is taken from permit fees and operating expenses.

80%

Under R2.210 (Use of Income from Fees) It is the percentage of the LOCAL government under the breakdown of collections that is documented by the Building Official

20%

Under R2.210 (Use of Income from Fees) It is the percentage of the NATIONAL government under the breakdown of collections that is documented by the Building Official

Special Allotment Release Order

Under R2.210 (Use of Income from Fees) It is a an order document that the Building Official keeps separate from the DPWH.

SARO

Special Allotment Release Order

Notice of Cash Allocation

Under R2.210 (Use of Income from Fees) It is a notice document that the Building Official keeps separate from the DPWH

NCA

Notice of Cash Allocation

Light Violation: 5,000 Pesos

Under R2.212 (Administrative Fines) How much is the fine for the following violations: Failure to display Certificate of Occupancy, Failure to post Building Permit information sign, and Failure to provide safety measures

Less Grave Violation: 8,000 Pesos

Under R2.212 (Administrative Fines) How much is the fine for the following violations: Non-compliance with Work Stoppage Order and use of space without Certificate of Occupancy

Grave Violation: 10,000 Pesos

Under R2.212 (Administrative Fines) How much is the fine for the following violations: Failure to provide Building/Demolition Permit, Failure to provide Certificate of Occupancy, change type of construction without permit and change in existing use without certificate

100% of the Building Permit Fees

Under R2.212 (Administrative Fines) What is the percentage of surcharge in constructing or causing a change in occupancy without any permit

10% of the Building Permit Fee

Under R2.212 (Administrative Fines) What is the percentage of surcharge excavating or constructing foundation without any permit.

50% of the Building Permit Fee

Under R2.212 (Administrative Fines) What is the percentage of surcharge in construction of a superstructure up to 2 meters without any permit

25% of the Building Permit Fee

Under R2.212 (Administrative Fines) What is the percentage of surcharge during construction when it includes pile driving and laying of reinforcing bars without any permit.

100% of Building Permit Fee

Under R2.212 (Administrative Fines) What is the percentage of surcharge in construction of a superstructure above 2 meters without any permit

25% of the Inspection Fee

Under R2.212 (Administrative Fines) What is the percentage of surcharge when the owner fails to pay the annual inspection fee within the 30 DAYS from the prescribed date?

20,000 Pesos or 2 years in prison / both

Under R2.213 (Penal Provisions) It is a penalty prescribed to a Corporation / Partnership or to Foreign Aliens. Foreign Aliens must immediately be deported after payment of fine or sentence

Declared by Building Official

Under 2.216 (Other Remedies) Who declares the procedure to demolish a dangerous structure

15 Days to Vacate

Under 2.216 (Other Remedies) How many days is prescribed by the Building Official after he/she writes a written notice to vacate

15 Days for Final Decision

Under 2.216 (Other Remedies) After the Building Official has sent his appeal to the Secretary. How many days is prescribed for the final decision of the Secretary

30 Days for Re-Investigation

Under 2.216 (Other Remedies) If the the Secretary declares that the appeal is meritorious, how many days is prescribed for re-investigation

15 Days for Repair / Renovation

Under 2.216 (Other Remedies) After the final decision of the Secretary, the Owner is notified. How many days is given to the owner to repair/renovate damages?

NBC Form B-01

Building Permit Application

Less than 6 sqm

Under 3.301 (Building Permits) How many square meters is prescribed for a detached structure of private use to be exempted from a Building Permit

Less than 20 sqm

Under 3.301 (Building Permits) How many square meters is prescribed for patios to be exempted from a Building Permit

500 mm in depth

Under 3.301 (Building Permits) How many square meters is prescribed for an aquarium of private use to be exempted from a Building Permit

1.20 m in height

Under 3.301 (Building Permits) How many square meters is prescribed for garden masonry walls to be exempted from a Building Permit

Registered Owner of the Lot

Under 3.302 (Application for Permits) In the process for applying for the Building permit, who is in charge of the OCT / TCT, Tax Declaration, and Real Property Tax Receipt

Contract of Lease and Deed of Absolute Sale

Under 3.302 (Application for Permits) In the process for applying for the Building permit, what are the documents that need to be notarized

5 sets of plans

Under 3.302 (Application for Permits) In the process for applying for the Building permit, how many sets of plans (sign and sealed) that need to be submitted

2 km radius

Under 3.302 (Application for Permits) What is the radius of the Location / Vicinity map when the project is a commercial / industrial / institutional building

0.5 km radius

Under 3.302 (Application for Permits) What is the radius of the Location / Vicinity map when the project is a residential building

1:100 Minimum

Under 3.302 (Application for Permits) What is the required scale in drawing for floor plans

Municipal Fire Marshall

MFM

5 working days

Under 3.303 (Processing of Building Permits) All floor plans must be approved by the MFM (Municipal Fire Marshall). How many days is given to the MFM to submit approval of plans (regarding Fire Safety) to the Building Official

Permits and Inspection

PD1096 - Rule 3

50,000 Pesos

Under 3.304 (Issuance of the Building Permits) During Excavation, how much is the cash bond for the first 50 cu.m

300 Pesos

Under 3.304 (Issuance of the Building Permits) During Excavation, how much is added to the cash bond for every cu.m added to the first 50 cu.m

15 Years

Under 3.304 (Issuance of the Building Permits) Article 1723 (Civil Code) How many years is an engineer or architect LIABLE for damages to the building

Licensed Geodetic Engineer

Under 3.304 (Issuance of the Building Permits) Who is in charge of the Relocation Survey

Log Book

Under 3.304 (Issuance of the Building Permits) What document must always be located on site and must be submitted upon completion of the project