NATIONAL BUILDING CODE OF THE PHILIPPINES

What is the official title of this law? (Section 101: Title)

This law is officially known as the National Building Code of the Philippines and is referred to as the Code.

What is the State’s policy and purpose behind the National Building Code? (Section 102: Declaration of Policy)

The State seeks to protect life, health, property, and public welfare by establishing minimum building standards consistent with sound environmental management.

To what buildings and activities does the Code apply? (Section 103: Scope and Application)

The Code applies to all public and private buildings and related activities except traditional indigenous family dwellings and only affects pre-Code buildings when alterations or repairs are made.

What general requirements must all buildings comply with? (Section 104: General Building Requirements)

Buildings must be safely constructed, suited to their intended purpose, environmentally safeguarded when industrial, and maintained in safe and sanitary condition.

What are the requirements for a building site? (Section 105: Site Requirements)

Building sites must be sanitary and safe and, for human habitation, located at safe distances from pollution sources, volcanoes, and fire or explosion hazards.

Where are the official definitions of terms used in the Code found? (Section 106: Definitions)

All official definitions used in the Code are provided in Annex “A.”

Who is responsible for the administration and enforcement of the Code? (Section 201: Responsibility for Administration and Enforcement)

The administration, enforcement, and imposition of administrative penalties under the Code are vested in the Secretary of Public Works, Transportation and Communications.

Who may compose the technical staff of the Secretary? (Section 202: Technical Staff)

The Secretary may organize a professional staff composed of highly qualified architects, engineers, and technicians experienced in building design and construction.

What are the general powers and functions of the Secretary under the Code? (Section 203: General Powers and Functions)

The Secretary may formulate policies and standards, issue implementing rules, approve or amend referral codes, and prescribe fees collected by Building Officials.

How may the Secretary obtain professional and technical assistance? (Section 204: Professional and Technical Assistance)

The Secretary may use government agencies, testing facilities, or hire consultants, experts, and advisers from public or private sectors within available appropriations.

Who is responsible for enforcing the Code in the field? (Section 205: Building Officials)

The Building Official enforces the Code in the field and may be temporarily designated by the Secretary from existing public works, city, or municipal engineers.

What are the qualifications required to be appointed as a Building Official? (Section 206: Qualifications of Building Officials)

A Building Official must be a Filipino of good moral character, a registered architect or civil engineer, an accredited professional member for at least two years, and with five years of relevant experience.

What are the duties and powers of a Building Official? (Section 207: Duties of a Building Official)

A Building Official enforces the Code, issues building permits, inspects buildings, stops illegal work, and orders discontinuance of unlawful occupancy or use.

How are fees collected and distributed by the Building Official? (Section 208: Fees)

The Building Official keeps records of fees, retains up to 20% for office expenses, and remits the remaining 80% to the local government’s General Fund.

Which buildings are exempt from payment of building permit fees? (Section 209: Exemption)

Public buildings and traditional indigenous family dwellings made of native materials costing not more than ₱15,000 are exempt from permit fees.

How may income from building permit fees be used? (Section 210: Use of Income from Fees)

Up to 20% of collected fees may be used for necessary operating expenses of the Building Official’s office subject to budgetary and auditing rules.

When do the implementing rules and regulations take effect? (Section 211: Implementing Rules and Regulations)

The rules and regulations take effect after publication once a week for three consecutive weeks in a newspaper of general circulation.

What administrative fines may be imposed for violations of the Code? (Section 212: Administrative Fines)

The Secretary may impose administrative fines not exceeding ₱10,000 for violations of the Code or its rules.

What are the criminal penalties for violating the Code? (Section 213: Penal Provisions)

Violators may be fined up to ₱20,000, imprisoned for up to two years, or both, with penalties imposed on responsible officials and deportation for aliens.

What constitutes a dangerous or ruinous building? (Section 214: Dangerous and Ruinous Buildings)

A building is dangerous if it is structurally unsafe, lacks safe exits, poses fire or health hazards, is dilapidated or abandoned, or endangers public welfare.

What actions may be taken against dangerous or ruinous buildings? (Section 215: Abatement of Dangerous Buildings)

The Building Official may order the repair, vacation, or demolition of a dangerous building without prejudice to actions under the Civil Code.

Does the Code exclude other legal remedies? (Section 216: Other Remedies)

The remedies provided in the Code are in addition to all other legal rights and remedies under existing laws.

When is a building permit required? (Section 301: Building Permits)

A building permit is required before any person, firm, corporation, or government agency erects, constructs, alters, repairs, moves, converts, or demolishes any building or structure.

What are the requirements for applying for a building permit? (Section 302: Application for Permits)

An applicant must submit a written application with work description, proof of land ownership or lease, intended use, estimated cost, and five sets of signed and sealed plans and specifications.

Who controls and supervises the processing of building permits? (Section 303: Processing of Building Permits)

The processing of building permits is under the administrative control and supervision of the Building Official and his qualified technical staff.

When shall a building permit be issued? (Section 304: Issuance of Building Permits)

A building permit shall be issued within fifteen days after payment of fees if the plans and specifications comply with the Code and applicable regulations.

When does a building permit become invalid or expire? (Section 305: Validity of Building Permits)

A building permit becomes null and void if work does not start within one year or is suspended or abandoned for 120 days after commencement.

On what grounds may a building permit be denied, suspended, or revoked? (Section 306: Non-Issuance, Suspension or Revocation)

A building permit may be denied, suspended, or revoked due to errors in plans, incorrect information, or non-compliance with the Code or its rules.

How may an applicant appeal the non-issuance, suspension, or revocation of a building permit? (Section 307: Appeal)

An appeal may be filed with the Secretary within fifteen days whose decision is final subject only to review by the Office of the President.

Who is responsible for the inspection and supervision of construction work? (Section 308: Inspection and Supervision of Work)

The owner must engage a licensed architect or civil engineer to supervise construction, maintain a logbook, and submit a signed Certificate of Completion to the Building Official.

When may a building be used or occupied? (Section 309: Certificate of Occupancy)

A building may be used or occupied only after the Building Official issues a Certificate of Occupancy within thirty days upon compliance with the Code.