Republic of the Phillppines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

175

HOUSE BILL NO.

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND MAINTENANCE
OF BUILDINGS, ENACTING A NEW BUILDING ACT, REPEALING PRESIDENTIAL DECREE NO.
1096, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The 2016 Global Climate Risk Index reports that, “Among the 10 most affected countries in the
long-term index, most have a high ranking due to exceptional catastrophes. Over the last few years
another category of countries has been gaining relevance: Countries that are recurrently affected by
catastrophes, such as the Philippines and Pakistan, and that feature both in the long-term index and in
the last 4 years’ lists of countries most affected.”

According to a Berlin-based environmental organization Germanwatch Global Climate Risk
Index, Honduras, Myanmar and Haiti were the countries most affected by extreme weather events
between 1995 and 2014. These countries, however, are followed by the Philippines, Nicaragua, and
Bangladesh.

Some years ago, the Global Climate Risk Index 2014: Who Suffers Most from Extreme Weather
Events? Weather-Related Loss Events in 2012 and 1993 to 2012 placed the Philippines in the top 3
countries most affected by climate-related weather catastrophes in 2012. According to the ninth annual
Global Climate Risk Index, the Philippines came in second only to Haiti in terms of “relative and
absolute number of human victims, and relative and absolute economic damage" caused by natural
disasters.

Evidently, the Philippines is prone to disasters and hazards due to its geography and geology.
The National Disaster Risk Reduction and Management Plan (NDRRMP) provides the following facts,
which are instructive regarding the occurrence of disasters and hazards in the country:

- Tropical cyclones and its sequential effects of rain and windstorms, as well as floods are the
most prevalent types of hydro-meteorological hazards in the country. Between 1997 and 2007, eighty-
four (84) tropical cyclones entered the Philippine Area of Responsibility (PAR). These typhoons resulted
to a total of 13,155 in human casualty and more than 51 million families have been affected.

- Environmental factors such as denuded forests aggravate flood risks. Even now, the effects of
loose soil and reduced forest cover from past forestry activities are felt in frequent landslides and
floods. Recent events show that the annual monsoon season in the country has brought severe
flooding in most areas.

- In 2011, most of the disasters that claimed the lives of people and affected properties and
livelihoods of the most vulnerable were brought about by increased rainfall which caused massive flash
flooding in areas which don't normally experience such.

- ... the Philippines is situated along a highly seismic area lying along the Pacific Ring of Fire and
is highly-prone to earthquakes. According to the Philippine Institute on Volcanology and Seismology
(PHIVLOCS), the country experiences an average of five (5) earthquakes a day. Earthquake disasters
are not as frequent as the typhoons and flooding that take place in the Philippines. Nevertheless, the
impact generated on affected communities is usually massive and devastating.


- The Philippines is ... prone to volcanic eruptions being situated along the Pacific Ring of Fire
where two major tectonic plates (Philippine Sea and Eurasian) meet. This explains the occurrence of
earthquakes and tsunamis and the existence of around 300 volcanoes of which 22 are active.

- In an analysis of natural disaster hotspots by the Hazard Management Unit of the World Bank
in 2005, the Philippines is among the countries where large percentages of population reside in disaster
prone areas. In the 2011 World Risk Report published by United Nations University and the Institute of
Environment and Human Security, looking into the four components of risk (exposure, susceptibility,
coping and adapt capacities), the Philippines is the third most disaster risk country worldwide.

In this light and with almost half a century since it was passed in the early 1970s through a
presidential declaration by President Ferdinand Marcos, many believe that the National Building Code of
the Philippines (NBCP) should now be amended in order to meet the needs of the times.

The NBCP or Presidential Decree No. 1096 provides for government policies which cover
technical requirements in constructing or renovating buildings and structures in the country to secure
the life, health, property and welfare of the Filipinos.

Experts believe that it is high time to update the NBCP because of its conflicting provisions with
the National Structural Code of the Philippines and contradicting standards with Batas Pambansa 220
on economic and socialized housing projects. The proposed revision also seeks to address the need of
streamlining the process of acquiring building permits, standardizing the specifications of building
materials and introducing new building categories. Evidently, it is time to update the anti” quated NBCP
to keep pace with the trends in the construction sector and population growth as well as modern urban
planning and risk reduction.

The Department of Public Works and Highways (DPWH), through the National Building Code
Review Committee (NBCRC), has spearheaded efforts to revise the NBCP and its implementing rules
and regulations to ensure that buildings throughout the country will withstand strong earthquakes and
typhoons.

The NBCRC is composed of directors of Bureau of Design, Bureau of Construction, Bureau of
Maintenance, Bureau of Research and Standards, Legal Service, Planning Service, Unified Project
Management Office—Buildings Management Cluster and NBCP-Board of Consultants chairman.

Representatives of different government offices and non-governmental organizations, such as
departments of Environment and Natural Resources, Interior and Local Government, Health and
Justice; Bureau of Fire Protection and the Construction Industry Authority of the Philippines were
tapped as consultants in the revision of the Building Code along with the Institute of Electronics
Engineers of the Philippines, Institute of Integrated Electrical Engineers of the Philippines Inc., National
Master Plumbers Association of the Philippines, Philippine Association of Building Officials, Philippine
Society of Agricultural Engineers, Philippine Institute of Mechanical Engineers and Philippine Society of
Sanitary Engineers.

The initiative was funded by the World Bank in partnership with the Philippine government
through the DPWH with the University of the Philippines-National Engineering Center-Building Research
Service (UP NEC-BRS) providing the technical expertise on the revision.

This bill mirrors the general principles for resilient buildings, houses, and structures based on a
year-long series of multi-stage, multi-platform, and multi-sectoral stake holders’ consultations.

It seeks to safeguard life, health, property, and public welfare, consistent with principles of
sustainable development and provides a framework of minimum standards and requirements for all
buildings and structures, as well as mainstreaming disaster risk reduction and management, to regulate
and control their location, siting, planning, design, construction, occupancy, and maintenance.

The measure proposes the institutionalization of a system that will provide for periodic review
and flexible mechanisms in the updating of regulations and standards and strengthen the participation


of relevant stakeholders, taking into account the importance of allowing for continuing innovation in
building design and construction.

It seeks to provide for the effective regulation of planning, design, construction, occupancy, and
maintenance of buildings and structures, the establishment of a permitting process based on their
classifications, and the setting of reference standards with the end view of safeguarding life and
protecting people from injury.

The enactment of the bill will ensure the health and well-being of the people who use buildings
and structures without impinging on the safety of the general public or endangering the environment.
It also seeks to reduce and manage hazards, exposures, and vulnerabilities, thereby minimizing
disaster risk and promote the accountability of relevant stakeholders in ensuring enforcement of and
compliance with existing laws, rules and regulations, and reference standards.

In view of the utmost importance of enacting policy interventions that will ensure the resilience
of buildings, houses, and structures in the country, approval of this bill is earnestly sought.

ANGELINA “HELEN” D.L. TAN, M.D.
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 175

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND MAINTENANCE
OF BUILDINGS, ENACTING A NEW BUILDING ACT, REPEALING PRESIDENTIAL DECREE NO.
1096, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Phillopines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “New Philippine Building Act.”

SEC. 2. Declaration of Principles and Policies. - The State shall safeguard life, health, property,
and public welfare, consistent with principles of sustainable development. Towards this end, it shall be
the policy of the State to provide for all buildings and structures, a framework of minimum standards
and requirements, mainstreaming disaster risk reduction and management, to regulate and control
their location, siting, planning, design, construction, occupancy, and maintenance. In pursuit of these
policies, the State shall institutionalize a system that will provide for periodic review and flexible
mechanisms in the updating of regulations and standards and will strengthen the participation of
relevant stakeholders, taking into account the importance of allowing for continuing innovation in
building design and construction.

SEC. 3. Objectives of the Act. - The objectives of this Act are as follows:
(a) Provide for the effective regulation of planning, design, construction, occupancy, and maintenance
of buildings and structures, the establishment of a permitting process based on their classifications,
and the setting of reference standards to:

(1) Safeguard life and protect people from injury;

(2) Ensure the health and well-being of the people who use them, without impinging on the
safety of the general public or endangering the environment;

(3) Protect property from physical damage; and

(4) Reduce and manage hazards, exposures, and vulnerabilities, thereby minimizing disaster
risk;

(b) Promote the accountability of relevant stakeholders in ensuring enforcement of and compliance
with this Act, rules and regulations, and reference standards.

SEC. 4. Scope and Application. - This Act shall cover all public and private buildings and
structures, and their location, siting, planning, design, materials, construction, use, occupancy,
maintenance, addition, alteration, conversion, moving, rehabilitation, repair, retrofit, and demolition.

SEC. 5. Interpretation. - Nothing in this Act shall be interpreted to prevent local government
units, pursuant to local autonomy, from enacting local ordinances relating building or structure and
their location, siting, and planning that will better safeguard life, health, property, and public welfare,


consistent with the objectives of this Act.
SEC. 6. Definition of Terms. - As used in this Act:

(a) “Accredited Certifier” refers to a person possessing experience and other qualifications of building
professional and accredited by the Office of the National Building Official to issue certificates to confirm
that a building or structure that is more than 15 years of age meets the requirements of Chapter VII of
this Act, rules and regulations, and reference standards as to structural stability and fire safety;

(b) “Accredited Inspector” refers to a person possessing the qualifications of building professional and
accredited by the Office of the National Building Official whose service is engaged by the Local Building
Official to inspect buildings or structures in accordance with this Act, rules and regulations, and
reference standards; (n)

(©) “Accredited Structural Peer Reviewer” refers to a person possessing experience and other
qualifications of building professional for determination of structural stability and accredited by the
Office of the National Building Official to provide independent verification that the structural design of a
proposed or new building or structure complies with this Act, rules and regulations, and reference
standards;

(d) “Accredited Testing Laboratory” refers to an establishment or institution accredited by the Office of
the National Building Official to perform tests to determine if the building materials and components
used in the construction of a building or structure comply with Chapter VI of this Act, rules and
regulations, and reference standards;

(e) “Addition” refers to any construction which increases the height and/or floor area of an existing
building or structure;

(f) “Alteration” refers to any construction in an existing building or structure involving changes in the
materials used, partitioning, location or size of openings, structural parts, existing utilities, and/or
equipment but does not increase the building height nor floor area;

(g) “Ancillary Structure” refers to a structure intended to provide support to main buildings or
structures which may include: bank and records vaults; swimming pools; firewalls separate from the
building or structure; towers; silos; smokestacks; chimneys; commercial or industrial fixed ovens;
industrial kilns or furnaces; water or waste treatment tanks; septic vaults; concrete and steel tanks;
booths, kiosks, and stages; tombs, mausoleums, and niches; and similar structures;

(h) "Build Back Better” refers to planning, based on the evolving or evolved disaster risks and ahead of
disasters, to refinance, redesign, and rebuild after a disaster or crisis with consideration of the need to
further strengthen disaster preparedness for response, take action in anticipation of events, and ensure
capacities are in place for effective response, recovery, and reconstruction;

(ji) “Building” refers to any temporary or permanent structure, anchored to the ground, for the support,
shelter, or enclosure of persons, animals, machinery, or chattels;

(j) “Building Contractor” refers to a person who is contracted by any order-placing person for
Construction of a building or structure, including sub-contractors; (Korean Framework Act on the
Construction Industry-a); for this purpose, “contract” means a contract under which, regardless of titles
such as prime contract, subcontract, consignment, etc., one party promises to complete a construction
work and the other party promises to pay for the result of the work;

(k) “Building Owner” refers to a person who orders construction work for a building or structure by
contract; or a person undertaking one’s own construction work without making a contract therefor, as
‘owner-builder; or a person holding the legal right of possession or title to a building or structure;

(I) “Building Professional” refers to a person engaged in the design, construction, or inspection of a
building or structure, who is registered by the Professional Regulation Commission (PRC) to provide
such services;


(m) “Building Site” refers to the lot, which is described by technical descriptions delineating boundaries
of the property to be developed, over which the building owner has a title or legal right to build; for
design purposes, the term shall also cover areas and spaces around the lot, the conditions of which
bear on the operability and safety of the building or structure;

(n) “Construction” refers to any and all on-site work including but not limited to preparation,
excavation, foundation, and assembly or installation of components, utilities, machinery, and
equipment of building or structure; (IRR 106a)

“Conversion” refers to a change in the use or occupancy of an existing building or structure or any
portion/s thereof to another occupancy group or subgroup that has different requirements;

(0) “Conversion” refers to a change in the use or occupancy of an existing building or structure or any
portion/s thereof to another occupancy group or subgroup that has different requirements;

(p) “Demolition” refers to the systematic dismantling, destruction, or removal of a building or structure,
in whole or in part;

(q) “Department” means the Department of Public Works and Highways (DPWH);

(®) Exposure" refers to the degree to which the elements at risk are likely to experience hazard events
of different magnitudes;

(s) “Fire-Resistive Rating” refers to the degree to which a building material or type of construction can
withstand or contain fire as determined by generally recognized and accepted testing methods;

(t) “Hazard” refers to a dangerous phenomenon, substance, human activity, or condition that may
cause loss of life, injury or other health impacts, property damage, loss of livelihood and services,
social and economic disruption, or environmental damage;

(u) “Hazard Zone” refers to an area identified in generally recognized and accepted hazard maps as
exposed to natural hazards, such as floods, wind storms, storm surges, rain- induced landslides,
volcanic eruptions, and earthquakes;

(v) “Innovative Construction Technology” refers to a construction technology that is emerging or being
reintroduced locally or nationally in the field of construction, with corresponding evidence of acceptable
performance from laboratory tests, field tests, and/or analytical studies to comply with Chapter V and
Chapter VI of this Act, rules and regulations, and reference standards;

(w) “Locational Clearance” refers to the document issued by the planning and development officer of
the local government unit certifying that the proposed construction is located in an appropriate zone,
and does not violate the Comprehensive Land Use Plan (CLUP), any zoning ordinance or regulation of
the concerned local government unit, nor other relevant laws, ordinances or regulations, which
document is submitted to support an application to the Local Building Official for a permit; (n)

(x) “Moving” refers to the transfer of an existing building or structure or portion/s thereof from original
location or position to another, either within the same site or to a different one;

(y) “Permit” refers to any of the permits that may be issued by the Local Building Official as set forth in
this Act;

(z) "Reference Standards” refers to technical standards that the National Building Official promulgates
through rules and regulations in administering and enforcing this Act;

(aa) “Rehabilitation” refers to the act or process of making possible a compatible use for an existing
building or structure through repair and/or alteration while preserving those portions or features which
convey its acknowledged heritage significance;


(bb) “Renovation” refers to any physical change made on an existing building or structure to increase
the value or the quality and/or to improve the aesthetic, without addition of building height nor floor
area, nor alteration of structural parts;

(cc) “Repair” refers to remedial work done on any damaged or deteriorated portion/s of an existing
building or structure to restore to its original condition;

(dd) “Retrofit” refers to the construction of any new element or system, or the alteration of any
element or system required to bring an existing building or structure, or portion thereof, conforming to
earlier building code requirements, into conformance with this Act, rules and regulations, and reference
standards;

(ee) “Secretary” refers to the Secretary of the Department of Public Works and Highways; (n) “Special
Site" refers to a site that requires special rules and regulations aimed at mitigating adverse impacts of
the site conditions to the building or structure and its users or occupants;

(ff) “Structure” refers to that which is built or constructed, an edifice, or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, but
shall not include streets, highways, bridges and viaducts, railroads, canals, river and shore
improvements, dry docks, dams, irrigation, flood protection, tunnels, transmission towers and lines,
and structures regulated by other national laws or competent national agencies;

(hh) “Traditional Indigenous Family Dwelling” refers to a residential building or structure intended for
the use and occupancy by the family of the owner only and constructed of native or local materials
such as nipa, cogon, bamboo, log, lumber, or stone, the estimated total cost of which does not exceed
the limit prescribed by the National Building Official;

(ii) "Vulnerability" refers to the characteristics and circumstances of a community, system or asset that
make it susceptible to the damaging effects of a hazard; vulnerability may arise from various physical,
social, economic, and environmental factors such as poor design and construction of buildings,
inadequate protection of assets, lack of public information and awareness, limited official recognition of
risks and preparedness measures, and disregard for wise environmental management; and

(j) “Zoning” refers to the division of a city or municipality into zones or sub-zones and overlay zones
according to present and potential uses of land to maximize, regulate, and direct their use and
development in accordance with the Comprehensive Land Use Plan (CLUP).

CHAPTER II
CLASSIFICATION OF BUILDINGS

SEC. 7. Classification System. - A system of classification of buildings and structures in the
Philippines as to: (a) type of construction according to fire resistivity; (b) use or occupancy; and (c)
required permitting process, is hereby adopted.

SEC. 8. Buildings Classified by Type of Construction According to Fire Resistivity. - The building
or structure shall be classified according to fire resistivity and fire ratings consistent with Republic Act
No. 9514, or the Fire Code of the Philippines of 2008, and its Implementing Rules and Regulations, in
consideration of the combination of features of fire safety constructions including but not limited to
walls, barriers, doors, windows, vents, means of egress, and treatment of building components with
flame retardant chemicals.

SEC. 9. Buildings Classified According to Use or Occupancy. - The building or structure shall be
identified based on the use or occupancy and shall be classified as follows:

Group A, Assembly occupancies shall include, but not be limited to, all buildings used for
gathering together of fifty (50) or more persons for such purposes as deliberation, worship,
entertainment, eating, drinking, amusement, awaiting transportation, taking refuge or evacuating
during a disaster or crisis, or similar uses;


Group B, Business occupancies are those used for the transaction of business other than that
covered under Mercantile, including the keeping of accounts and records and similar purposes for
office, professional, or service-type transactions;

Group E, Educational occupancies shall include buildings used for school or day-care purposes,
involving assemblage for instruction, and education for a group of six (6) or more persons;

Group F, Factory and Industrial occupancies are those that make products of all kinds and
properties which shall include but not be limited to product processing, assembling and disassembling,
mixing, packaging, finishing or decorating, repairing and material recovery, fabricating, and
manufacturing;

Group I, Institutional occupancies are those used to house one or more persons under varied
degrees of restraint or security where such occupants are mostly incapable of self-preservation
because of security measures not under the occupants’ control (IBC, FCP), or government buildings
and quarters rendering civic or public assistance and peace and order, or those in which care or
supervision is provided to persons who are mostly incapable of self-preservation without physical
assistance because of age, physical, or mental disability;

Group M, Mercantile occupancies are those used for the display and sale of merchandise, and
involves stocks of goods, wares, and merchandise incidental to such purposes and accessible to the
public;

Group R, Residential occupancies are those in which sleeping accommodations are provided for
normal residential or dwelling purposes and include all buildings designed to provide sleeping
accommodations;

Group S, Storage occupancies include all buildings or structures utilized primarily for the storage
or sheltering of goods, merchandise, products, vehicles, or animals;

Group U, Utilities and Miscellaneous occupancies are those with an ancillary character such as
those, but are not limited to, enumerated in Section 52 on Ancillary Permits, or those which cannot be
properly classified in any of the other occupancy groups in this Section, such as, but not limited to
billboards and commercial signboards; and

Group Z, High-Hazard occupancies mean those with storage and handling of flammable, highly
combustible, or other materials that would constitute a physical or health hazard, in quantities in
excess of those allowed by regulations.

The National Building Official may determine subgroups within Group A to Z. Any other use or
occupancy not mentioned specifically in this Section, or about which there is any question, shall be
included in the Group which it most nearly resembles based on the associated hazard or risk to life,
health, property, and public welfare.

In addition to permanent centers for refuge and evacuation as a subgroup of Group A, any
building, structure, or portion thereof may be designated as a temporary evacuation center provided it
complies with the specific rules and regulations promulgated by the National Building Official.

When a building or structure is of mixed occupancy or used for more than one occupancy, the
whole building or structure shall be subject to the most restrictive requirement pertaining to any of the
‘occupancy groups found therein, except as otherwise provided in pertinent rules and regulations.

For each group or subgroup of use or occupancy, the National Building Official shall promulgate
specific rules and regulations and reference standards in accordance with this Act.

SEC. 10. Buildings Classified According to Required Permitting Process. - Buildings and
structures shall be classified based on the required permitting process as follows:

(a) “Deemed-to-Satisfy Structures” are residential buildings or structures belonging to subgroups under


Group R, either traditional indigenous family dwellings regardless of number of floors, or individually
constructed dwellings for up to three (3) families, with maximum total gross floor area limit for each
case as prescribed by the National Building Official via rules and regulations; but shall exclude such
structures under any government- approved mass housing project developed by the government, non-
government organization, or private developer. These Deemed-to-Satisfy Structures shall comply with
Simplified Reference Standards as prescribed by the National Building Official under a simplified
permitting process;

(b) “Special Structures” are buildings or structures that are distinguished by physical attributes in terms
of size, span, or form, and/or by nature of use or occupancy. These structures shall include buildings
and other structures exceeding 60 meters in height or a higher height as prescribed via rules and
regulations by the National Building Official; long span structures exceeding 30 meters in span or a
longer span as prescribed via rules and regulations by the National Building Official; buildings and other
structures with four (4) or more floor levels, and exceeding 5,000 square meters of gross floor area in
any single floor level; non- conventional structures or structures that have non-regular structural form
and/or innovative construction materials or methods; buildings using advanced structural calculation
methods in design; hospitals belonging to a subgroup under Group I that need to provide higher than
the minimum level of services in terms of functional capacity as classified by competent national
agency on healthcare facilities; and facilities with high-hazard occupancies belonging to Group Z.
‘Accordingly, the permitting process for these special structures shall require a peer review of the
structural stability. The act of reviewing does not pass on the liability of the building professional for
design to the accredited structural peer reviewer on the structural integrity of the building, without
prejudice to administrative charges under applicable professional regulations; and

(©) “Regular Structures” are buildings or structures that do not fall under either one of the
classifications of Deemed-to-Satisfy Structures and Special Structures. Regular structures shall require
the regular permitting process.

SEC. 11. Buildings and Structures. - For purposes of this Act, structures shall include buildings,
ancillary structures, and other structures as defined in this Act.

SEC. 12. Requirements for Each Type of Construction According to Fire Resistivity. - The
National Building Official shall prescribe standards for each type of construction according to fire
resistivity as allowed under this Act correspondingly for each group of use or occupancy, and
promulgate rules and regulations and reference standards therefor, in general terms of structural
system, exterior walls and openings, interior walls and enclosures, floors, exits and stairs construction,
and roofs, among other elements.

SEC. 13. Changes in Use or Occupancy and/or Type of Construction According to Fire
Resistivity. ~ No change shall be made in the use or occupancy and/or type of construction according to
fire resistivity of any building or structure which would place the building or structure in a different
‘occupancy group or different type of construction, unless such building or structure is made to comply
with the requirements for the new occupancy group or type of construction, except, when the change
is approved by the Local Building Official upon determination that the new use or occupancy and/or
type of construction poses less risk to life, health, property, and public welfare.

CHAPTER IIT
LOCATION, SITING, AND ZONING REQUIREMENTS

SEC. 14. General Requirements for Location, Siting, and Zoning. - The site upon which will be
constructed any building or structure shall be sanitary, hygienic, accessible, and not highly hazardous
as determined by competent and appropriate authorities and certified through a locational clearance
and other clearance/s or certificate/s as prescribed by relevant laws and regulations.

SEC. 15. Protection of the Site Environment. - Any proposed construction, including its location,
siting, and use, shall take into account the environment and its conservation and protection. It shall not
gravely affect the heritage and environmental significance of the site; and shall not harm nor aggravate
the state of the neighborhood, environment, and natural resources surrounding it. No construction, its
location, siting, and use shall be allowed without complying with the relevant heritage, environmental,


and natural resources laws and regulations, as determined by competent and appropriate authorities
and certified through a locational clearance and other clearance/s or certificate/s as prescribed by
relevant laws and regulations.

SECT. 16. Protection of the Public. - Any proposed construction shall not cause harm to the
general public nor infringe on public spaces.

SEC. 17. Requirements in Hazard Zones and Special Sites. - The building owner and building
professionals shall ensure that the proposed construction, its location, siting, and use, will not increase
the vulnerabilities of the people who will occupy the building and their neighborhood on account of the
hazard zone or special site. Within hazard zones as established in the Comprehensive Land Use Plan
(CLUP) and/or hazard maps published by the national government, risk mitigation and adaptation
requirements and/or measures shall be incorporated in the rules and regulations and reference
standards as promulgated by the National Building Official.

SEC. 18. Resilience. - Buildings and structures damaged structurally by a disaster or crisis shall
adhere to principles of building back better in post-disaster or post-crisis recovery and reconstruction.
The National Building Official shall cause to integrate disaster risk reduction and management
measures in the rules and regulations and reference standards for replanning, redesigning, and
reconstructing of buildings and structures.

There shall be specific rules and regulations and reference standards for temporary post-
disaster or post-crisis structures.

CHAPTER IV
DESIGN REQUIREMENTS

SEC. 19. General Requirements for Design. - The design of all buildings and structures shall
comply with the requirements prescribed by this Act, rules and regulations, and reference standards.

Buildings and structures on special sites shall consider special design requirements and risk
mitigation measures called for by the specific site conditions.

SEC. 20. Stability. - All buildings and structures shall be designed to be structurally safe against
anticipated combinations of loads and effects so as to safeguard people and property from physical
harm or damage.

Subject to the provisions of Articles 684 to 686 of Republic Act No. 386, or Civil Code of the
Philippines, on lateral and subjacent support, the design and quality of materials used structurally in
excavation, footings, and in foundations shall conform to prescribed reference standards and accepted
engineering practice.

SEC. 21. Protection from Fire. - All buildings and structures shall be designed to safeguard
persons and properties from any harm or damage caused by fire in accordance with Republic Act No.
9514, or the Fire Code of the Philippines of 2008, and its Implementing Rules and Regulations.

All fire safety constructions as defined by the Fire Code of the Philippines shall be designed in
accordance with specific rules and regulations and reference standards under this Act.

SEC. 22. Protection from Moisture and Surface Water. - All buildings shall be designed to
provide adequate resistance to penetration by, and the accumulation of, moisture and surface water.

SEC. 23. Protection from Other Hazards. - All buildings and structures shall be designed to
safeguard persons and properties from other site-specific hazards.

SEC. 24. Safety of Users or Occupants. - All buildings and structures shall be designed to
safeguard its users or occupants from harm, injury, or loss.


SEC. 25. Access. - Safe access into, within, and out of the buildings, including emergency exits,
shall be provided for persons and vehicles.

SEC. 26. Energy and Energy Efficiency. - The design of buildings and structures shall include,
wherein required, practices and technologies that maximize energy efficiency.

The National Building Official shall promulgate specific rules and regulations that shall be made
applicable to buildings and structures exceeding a certain total gross floor area, depending on the
classification of occupancy group of the building or structure.

The National Building Official shall cause to review the specific rules and regulations every five
(5) years and to revise the same if necessary.

SEC. 27. Services and Facilities. - All building services and facilities, their equipment and
installations, shall be designed to be adequate, safe, and efficient, to promote the well-being of the
users or occupants and the general public. Constructability and ease of maintenance of the services
and facilities shall be highly considered in the design.

‘As required by the occupancy group, buildings and structures shall be designed to provide
services and facilities including but not limited to the following: Light and Ventilation; Water Supply;
Drainage, and Rainwater Detention where applicable; Wastewater Disposal; Solid Waste Management;
Pest and Vermin Control; Power and Fuel Supply; Communication Facilities; Conveyance and Parking
Facilities.

CHAPTER V
CONSTRUCTION REQUIREMENTS

SEC. 28. General Requirements for Construction. - The construction of all buildings and
structures shall comply with the requirements prescribed by this Act, rules and regulations, and
reference standards.

Use of materials, equipment, plant, and tools, and selection of personnel shall conform to
reference standards on materials, methods, and practices, in order to ensure quality of material and
quality of workmanship. Builders shall promote quality of construction as one of the essential links to
the reduction of the vulnerability of the building or structure to hazards.

SEC. 29. Innovative Construction Technologies. - All innovative construction technologies used
in building construction shall comply with any special tests or requirements as prescribed by the
National Building Official pursuant to the policies and objectives of this Act. These technologies shall be
installed by qualified personnel and supervised by technically competent professionals.

SEC. 30. Safety and Protection During Construction. - All buildings shall be constructed or
demolished without causing any harm or injury to the workers and the public.

SEC. 31. Protection of Property During Construction. - All and any public or private property
above or below the ground shall be protected from any damage by any work being done under the
permit. The protection shall be maintained while such work is being done and shall not obstruct the
normal functioning of any such property.

SEC. 32. Phased or Incremental Construction. - All uncompleted portions of buildings subject to
phased or incremental construction shall be protected from the environment and shall not pose harm
to the public. Any additional or incremental work shall not compromise the safety and wellbeing of the
users or occupants.

SEC. 33. Construction of Waste Management. - All buildings shall be constructed with proper
management of construction waste.


(CHAPTER VI
BUILDING MATERIALS

SEC. 34. General Requirements for Materials. - All building materials and components shall
comply with the requirements prescribed by this Act, rules and regulations, and reference standards.

The use of building materials and components must be safe for users’ or occupants’ health and
must not cause any substantive impact to the environment negatively.

SEC. 35. Selection of Materials. - Building materials and components shall be selected following
a set of criteria including but not limited to strength, fire resistivity, moisture resistance, durability,
impact on human health and environment, and sustainability, according to rules and regulations and
reference standards promulgated by the National Building Official.

CHAPTER VII
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS

SEC. 36. General Requirements for Occupancy, Maintenance, and Abatement. ~ All building
owners shall use and maintain the building in accordance with the requirements prescribed by this Act,
rules and regulations, and reference standards. The use and maintenance of the building must be safe
for the health of users, occupants, and the general public and shall not substantively impact the
environment, such as but not limited to air, water, and soil, negatively.

SEC. 37. Maintenance, Inspection, and Assessment of Buildings and Reporting to the ONBO. -
All buildings shall undergo regular maintenance and inspection in accordance with each building's
maintenance strategy. There shall be rules and regulations to guide the preparation, approval, and
implementation of appropriate maintenance strategies for buildings and structures, promulgated by the
National Building Official. For this purpose, the Office of the National Building Official shall establish a
monitoring, reporting, and evaluation system for the periodic maintenance and inspection by building
‘owners and for inspection by Local Building Officials and/or accredited inspectors. The Office of the
National Building Official through the Offices of Local Building Official shall maintain a computerized
national database of permits and other periodic data about all buildings and structures, including but
not limited to reports on maintenance, inspection, and/or assessment.

The Office of the National Building Official shall assist building owners of structures falling
within the classification Deemed-to-Satisfy Structures in conducting a simplified inspection of their
buildings.

For buildings and structures with occupancies falling under Group A, Group E, or Group Z, there
shall be periodic inspections by Local Building Officials and/or accredited inspectors subject to specific
rules and regulations promulgated by the National Building Official.

The Office of the National Building Official shall coordinate with relevant government agencies
regulating the business operations occurring in such buildings and cities or municipalities to consider
such periodic maintenance and inspection by building owners. The corresponding finding of safety shall
be a prerequisite for the grant of business permits or permits to operate, and for this purpose,
business, factory and industrial, private institutional, and mercantile occupancy groups shall be
periodically issued with a safety clearance.

Mandatory inspection and assessment by an accredited certifier as to structural stability and fire
safety shall be commissioned by the building owner at the end of the 15th year from date of
completion of the building and every 15 years thereafter. In cases of addition, alteration, conversion,
moving, rehabilitation, repair, and/or retrofit requiring more recent structural assessment and
corresponding certification and clearance, the date of reckoning of 15 years for the purposes of this
Section shall be counted from the completion date of the latest building permit that involved the most
recent structural clearance under this Act. The National Building Official shall promulgate rules and
regulations for mandatory inspection and assessment of all buildings as to structural stability and fire
safety, specific to the various building classifications.


The National Building Official shall promulgate specific rules and regulations for mandatory
inspection and assessment of all buildings as to structural stability and fire safety after regional
catastrophic events such as, but not limited to, widely destructive earthquakes and typhoons.

The determination of an event that is catastrophic as to warrant mandatory assessment of all
buildings in a geographic area shall be made by the National Building Official in consultation and
coordination with other government agencies.

There shall be specific reference standards as well as rules and regulations applicable to
assessment of existing buildings.

SEC. 38. Special Provision for Buildings Completed More than 15 Years Prior to the Effectivity of
this Act. - To ensure the safety of the people and to reduce risks, buildings completed in 2002 or
earlier and of specified use or occupancy group or subgroup, are mandated to have an assessment of
the design requirements in Chapter IV of this Act as specified in rules and regulations, as to structural
stability and fire safety, and the building owners to submit the certifications or findings of appropriate
building professionals, serving as accredited certifiers, to the concerned Local Building Officials
regarding the state of such buildings and structures and their safety and/or need for a retrofit.

Within three (3) months from the effectivity of this Act, the Department through the Office of
the National Building Official, in consultation with relevant agencies and stakeholders, shall implement
a phased approach to prioritize compliance of building owners in hazard zones, such as but not limited
to those near earthquake fault lines or in coastal zones affected by sea level rise, or in hazard zones or
areas otherwise identified in hazard maps, or those used for assemblies in large numbers and/or by
vulnerable users or occupants.

The National Building Official, in coordination with other concerned agencies, shall develop and
administer incentive schemes to support immediate voluntary retrofit by the building owners requiring
modifications for the safety of the users or occupants and/or the general public, such as those allowed
by the disaster risk reduction and management funds.

SEC. 39. Abatement of Dangerous and Ruinous Buildings. - When any building or structure is
found or declared to be dangerous or ruinous, the Local Building Official shall order its repair, vacation,
or demolition depending upon the degree of danger to life, health, property, and public welfare. This is
without prejudice to further action that may be taken under the provisions of Articles 482 and 694 to
707 of the Civil Code of the Philippines and other existing laws.

For purposes of this Section, dangerous or ruinous buildings are buildings or structures
determined by the Local Building Official to be structurally unsafe; or not provided with safe egress; or
which constitute a fire hazard; or are otherwise dangerous to human life; or which in relation to
existing use, constitute a hazard to health, safety, or public welfare because of inadequate
maintenance, dilapidation, obsolescence, or abandonment; or which otherwise contribute to the
pollution of the site or the community to an intolerable degree.

Abatement and/or rehabilitation of buildings and structures covered under Republic Act No.
10066, or the National Cultural Heritage Act of 2009, shall be coordinated with the National
Commission for Culture and the Arts (NCCA) prior to any action of abatement.

CHAPTER VIII
ADMINISTRATION

SEC. 40. National Building Official (NBO); Powers, Obligations, and Functions. - The Secretary
of the Department shall have the duty to see that all laws relating to building design and construction
are faithfully executed and is primarily charged with the administration and enforcement of the
provisions of this Act, rules and regulations, and reference standards.

The Secretary shall ensure harmonization of rules and regulations and reference standards
between government-funded and non-government funded buildings and structures, consistent with the
objectives of this Act.


‘As the National Building Official, the Secretary shall have the following general powers,
obligations, and functions:

(a) Issue and promulgate rules and regulations to implement the provisions of this Act, upon
recommendation of the Building Regulations and Standards Council, and ensure compliance with
policies, plans, standards, and guidelines formulated. For this purpose, the Building Regulations and
Standards Council shall be formed in accordance with the provisions of this Act;

(b) Approve and/or take final action on changes and/or amendments to reference standards based on
recommendations of the Building Regulations and Standards Council. For this purpose, existing referral
codes shall hereinafter be renamed and referred to accordingly as “reference standards”;

(©) Appoint Local Building Officials and exercise technical supervision and control over them as the
National Building Official;

(d) Create Office of Local Building Official in cases of clustered municipalities, as set forth in this Act,
and exercise administrative as well as technical supervision and control;

(e) Create the Regional Building Appeals Boards, as provided for by this Act;

(f) Prescribe and fix the schedule of fees, appeal bonds, and other charges that the National Building
Official and Local Building Officials shall collect in the exercise of their regulatory functions;

(g) Inspect at reasonable time any building or structure, covered by this Act, rules and regulations, and
reference standards, provided that in case of single-family dwelling, an inspection must be upon the
consent of the occupant or upon lawful order from the proper court;

(h) Issue appropriate orders, including cease and desist order and demolition order, against any person
or entity to prevent injury to the public and compel compliance with the provisions of this Act, rules
and regulations, and reference standards;

(j) Impose fines, penalties, and other administrative sanctions for failure or refusal to comply with, or
violation of any provision of this Act, rules and regulations, and reference standards, or any order,
instruction, or ruling;

(j) Enlist the aid and support of, and/or deputize any and all enforcement agencies of the government
in the implementation of its powers and functions under this Act, rules and regulations and reference
standards; and

(k) Exercise such other powers and perform such functions as may be needed to carry out the
objectives of this Act, rules and regulations, and reference standards.

SEC. 41. Building Regulations and Standards Council (BRSC). - A Building Regulations and
Standards Council is hereby created to assist the National Building Official in reviewing and
recommending rules and regulations and reference standards for design and construction to
accomplish the objectives of this Act.

(a) Members. The Building Regulations and Standards Council shall be composed of the following:

(1) Undersecretary for Technical Services of the Department as Chair;

(2) Commissioner of the Housing and Land Use Regulatory Board (HLURB) as Vice-
Chair;

(3) Commissioner of the Professional Regulation Commission (PRC) in charge of supervision of
regulatory boards of building professionals;

(4) Chief of the Bureau of Fire Protection (BFP);


(5) President of a national association of building officials;

(6) President of a national association of building developers, national association of building owners,
national association of building managers, or national association of building administrators;

(7) National President of a PRC-accredited professional organization of building
professionals;

(8) President of a national association of building contractors;

(9) High-ranking regular faculty member from a recognized higher education institution involved in the
training of building professionals; and

(10) Two (2) representatives-at-large coming from any concerned sectors whose participation the
National Building Official deems timely and complementary to those of other members enumerated.

All representatives from the private and academic sectors, enumerated above from (5) to (9),
shall be appointed by the National Building Official for a term of three (3) years, with reappointment,
from a list of nominees submitted by their respective sectors, provided that during the term each said
member shall remain a certified member-in-good-standing of the association, organization, or
institution that has been originally represented. For these sectors, a different association, organization,
or institution other than the one currently represented shall be given preference in the next
appointment by the National Building Official.

Representatives-at-large, enumerated above as (10), shall serve ex-officio if officials and
representatives of government agencies, or shall serve for a term of three (3) years without
reappointment if coming from the private, academic, or the non-government sectors.

In the absence or temporary incapacity of the Undersecretary of the Department, the
Commissioner of the HLURB shall act as the Chair of the Council.

A simple majority of the members of the Council shall constitute a quorum. The presence of
either the Chair or Vice-Chair of the BRSC is indispensable in counting the quorum.

Members of the BRSC shall receive an honorarium in accordance with existing policies for every
BRSC meeting; provided, however, that the honorarium collected per month does not exceed the
equivalent of four (4) meetings; provided further, that the amount of honorarium for every BRSC
meeting may be increased by the National Building Official; and provided finally, that the amount of
honorarium shall not be increased within three (3) years after its last increase.

(b) Organization and Procedures. The National Building Official, in consultation with relevant
stakeholders, shall prescribe the organization and procedures of the Building Regulations and
Standards Council, in accordance with the rules and regulations of this Act, ensuring the periodic
review of reference standards every five (5) years and participation of the relevant stakeholders,
including but not limited to building officials, building developers, building owners, building managers
or administrators, building professionals and professional organizations, building contractors, and
higher education institutions, in setting performance standards for design and construction. To achieve
this purpose, the National Building Official shall constitute Technical Working Groups (TWGs) composed
of the relevant stakeholders. The BRSC shall also have its Secretariat separate from the Office of the
National Building Official to assist in the performance of its duties. (n)

The BRSC budget shall be included in the annual budget of the Department.

(©) Duties and Responsibilities. The Building Regulations and Standards Council shall have the
following duties and responsibilities:

(1) Review existing rules and regulations and existing referral codes, renamed as reference
standards under this Act, and/or formulate new ones in line with the provisions of this Act and rules


and regulations;

(2) Formulate and recommend policies and strategies, for design and construction, with
reference to global standards taking into account local conditions;

(3) Formulate a system of accreditation of qualified building professionals as accredited
certifiers, accredited structural peer reviewers, and/or accredited inspectors, and qualified
establishments or institutions as accredited testing laboratories;

(4) Collect relevant information, conduct research, and support studies on all matters relating to
design and construction, such as but not limited to the performance and results achieved of the
standards in mainstreaming disaster risk reduction and management in building planning, design,
construction, occupancy, and maintenance;

(5) Submit technical recommendations, including rules and regulations and reference standards,
to the National Building Official for approval;

(6) Submit an annual report of accomplishments to the National Building Official; and

(7) Perform such other functions that the National Building Official may authorize or assign as
may be necessary in carrying out the objectives of this Act.

SEC. 42. Office of the National Building Official (ONBO). - The Office of the National Building
Official, within the Department, is hereby created to provide sufficient technical, legal, administrative,
and support staff to the National Building Official in the exercise of his powers and the performance of
his duties. This Office, headed by a Director, shall be placed under the supervision of the
Undersecretary for Technical Services who shall also be the chair of the Building Regulations and
Standards Council. It shall comprise highly qualified persons eligible to act as building professionals,
scientists, and technicians who possess diversified and professional experience in the field of building
design and construction, and lawyers.

The Office of the National Building Official shall provide assistance to the National Building
Official in the institutional strengthening of Offices of Local Building Official, capacity-building of Local
Building Officials, data management, monitoring and evaluation, and establishing and maintaining
linkages with concerned institutions. A mandatory continuing education and training program shall be
pursued for the Local Building Officials and their staff.

The Office of the National Building Official shall coordinate the Regional Building Appeals
Boards.

The Office of the National Building Official shall formulate plans, programs, and projects on
building planning, design, construction, occupancy, and maintenance pursuant to this Act in
consideration of global best practices and the exposure of the country to multiple hazards. It shall plan
and implement a computerized national database of buildings and structures, for the purposes of
Section 37 and other provisions of this Act and rules and regulations. It shall also be in charge in the
implementation of a system of accreditation of qualified building professionals as accredited certifiers,
accredited structural peer reviewers, and/or accredited inspectors, and qualified establishments or
institutions as accredited testing laboratories.

SEC. 43. Regional Building Appeals Boards (RBABs). - A Regional Building Appeals Board is
hereby created in Regional Offices of the Department and placed under the administrative supervision
of the National Building Official, provided that an RBAB may be created by the National Building Official
to serve a group of adjacent regions. The RBAB shall be chaired by a member of the Philippine Bar and
assisted by two technical personnel of the Department sitting as the other members of the Board, all of
whom are appointed by the National Building Official. It shall have exclusive appellate jurisdiction to
review decisions of the Local Building Officials or resolve appeals and/or complaints after the same
shall have been acted upon, or not given due course, by the respective Local Building Officials within
their region. In case of appeal for reconsideration by an aggrieved party on the same matter, the
decision of the RBAB shall be subject to review by the National Building Official pursuant to Section 60


of this Act.

SEC. 44. Offices of Local Building Official (OLBOs) and Local Building Officials (LBOs). - Cities
and first-class municipalities shall create and operate a separate Office of Local Building Official headed
by a Local Building Official who shall be appointed by and accountable to the National Building Official.
The Local Building Official shall be appointed by the National Building Official from a list of at least
three (3) qualified recommendees of the mayor, subject to civil service law and rules and regulations.
The Local Building Official shall be responsible for carrying out the provisions of this Act, rules and
regulations, and reference standards within the territorial jurisdictions.

Depending upon their needs, second to sixth-class municipalities may create and operate a
separate Office of Local Building Official upon request to and approval by the National Building Official.
These municipalities, if adjacent and accessible to each other, may also opt to request the National
Building Official to create and operate an Office of Local Building Official to serve the clustered
municipalities, which office shall be under the National Building Official. This cluster Office shall be
located in the municipality which needs it the most as determined by the National Building Official.
Each cluster of municipalities may recommend to the National Building Official the appointment of one
Local Building Official for such cluster from a list of at least three (3) qualified recommendees of the
mayors of the cluster, subject to civil service law and rules and regulations.

In the absence of a request to and/or approval by the National Building Official for either a
separate or a cluster Office of Local Building Official, the municipal engineers of the second to sixth-
class municipalities shall be designated by the National Building Official to act, in concurrent capacity,
as the Local Building Officials in their respective territorial jurisdictions. For the purposes of this
Chapter and this Section, the Office of Municipal Engineer in such second to sixth-class municipalities
shall be referred to also as Office of Local Building Official.

The concerned local government unit shall provide the funding for and operate the separate
Office of Local Building Official; the Office of the National Building Official shall fund and operate cluster
Offices of Local Building Official. The sharing and use of fees and fines among the offices shall be in
conformity with Section 46 of this Act.

SEC. 45. Special Jurisdictions. - There shall be separate Local Building Officials for the Armed
Forces of the Philippines (AFP), the Philippine Economic Zone Authority (PEZA), and other agencies as
provided for by the applicable laws, who shall regulate design and construction of buildings or
structures under their jurisdiction and/or their registered locators and enterprises. These Local Building
Officials in special jurisdictions shall likewise be appointed by and be accountable to the National
Building Official.

Said Local Building Officials shall be appointed by the National Building Official from a list of at
least three (3) qualified recommendees of the head of their agency, subject to civil service law and
rules and regulations. In addition to the qualifications prescribed by Section 47, the Local Building
Official for the AFP must additionally be a uniformed personnel of the AFP and a member of the AFP
Corps of Engineers. Analogous additional qualifications similar to the AFP may be prescribed by the
National Building Official to apply to Local Building Officials of other special jurisdictions.

SEC. 46. Sharing and Use of Fees and Fines. - Out of the total collection derived from fees,
permit fees, fines, and other charges, the Office of Local Building Official shall retain 15% thereof to
answer for its maintenance and other operating expenses. The Office of Local Building Official shall
cause to remit five percent (5%) to the National Building Official. The remaining 80% shall accrue to
the general fund of the local government unit or agency with special jurisdiction, which created and
operated the Office.

However, in the case of the cluster Office of Local Building Official, it shall retain 15% thereof to
answer for its maintenance and other operating expenses, cause to remit 65% to the National Building
Official, and divide the remaining 20% between or among the clustered municipalities in proportion to
the total fees and fines originating from each municipality, and to accrue to their respective general
funds.


The share of income to be remitted to the National Building Official shall be used to cover
honoraria for the BRSC members, BRSC Secretariat, BRSC TWGs, RBABs, and other operating expenses
of the BRSC, ONBO, RBABs, and cluster OLBOs. (n)

Any provision of law to the contrary notwithstanding, the National Building Official is hereby
authorized to prescribe the procedures for the use of the 15% retained for the Office of Local Building
Official. Such income may be used to cover necessary operating expenses including the purchase of
equipment, supplies, and materials; expenses for travel; continuing education and training programs;
engaging accredited inspectors and structural peer reviewers; obligation expenses including attorney's
fees and other legal expenses, including sheriff's fees as well as hazard pay for employees and/or
authorized representatives of the Office of Local Building Official when the cause is in line with the
performance of duties; and payment of other prior years’ obligations not adequately funded, subject to
existing budgetary and auditing rules and regulations.

SEC. 47. Qualifications of Local Building Officials. - No person shall be appointed as a Local
Building Official unless the person possesses the following qualifications:

(a) A Filipino citizen and of good moral character;
(b) A duly registered civil engineer or architect;

(©) A member of good standing of the duly accredited professional organization of civil engineers or of
architects for not less than five (5) years; and

(d) Has at least five (5) years of diversified and professional experience in building design and
construction.

Municipal Engineers appointed by their mayors and who shall concurrently be designated by the
National Building Official as Local Building Official, shall comply with the qualifications prescribed for
their positions as Municipal Engineers in the Local Government Code.

SEC. 48. Powers, Obligations, and Functions of Local Building Officials. - In addition to the other
powers, obligations, and functions mentioned in this Act, the Local Building Official shall have the
following general powers, obligations, and functions:

(a) Approve application and issue, reject, suspend, or revoke permits within their territorial or special
jurisdictions; for this purpose, the Local Building Official shall base the decision upon the completeness
and integrity of the application documents supported by the appropriate certifications of building
professionals and clearances from relevant government agencies, in accordance with this Act, rules and
regulations, and reference standards;

(b) Hear and decide cases filed by parties on complaints related to the permitting process;

(©) May enter any building, structure, or its premises at all reasonable times to inspect and determine
compliance with the requirements of this Act, rules and regulations, and reference standards, as well
as the terms and conditions of the permit/s issued, provided that in case of single family dwelling, an
inspection by Local Building Official and/or accredited inspector must be upon the consent of the
occupant or upon lawful order from the proper court;

(d) Engage qualified and nationally-accredited building professionals as structural peer reviewers
and/or inspectors;

(e) Order the work stopped and prescribe the terms and/or conditions when the work will be allowed to
resume, or issue any appropriate order, including cease and desist order and demolition order, when
any construction is found to be contrary to the provisions of this Act, rules and regulations, reference
standards, and the terms and conditions of the permit/s issued;

(A) Order the discontinuance of the use or occupancy of any building or structure, or a portion thereof,


found to be used or occupied contrary to the provisions of this Act, rules and regulations, and
reference standards, as well as the terms and conditions of the permit/s issued;

(g) Keep a permanent record and accurate account of all fees, fines, and other charges fixed and
authorized by the National Building Official to be collected and received under this Act;

(h) Validate and submit data on a computerized national database of buildings and structures, for the
purposes of Section 37 and other provisions of this Act and rules and regulations;

(i) Submit an annual situational report to the National Building Official; and

(j) Exercise such powers and perform such other functions needed to assist the National Building
Official in carrying out the objectives of this Act, rules and regulations, and reference standards.

SEC. 49. Responsibilities of Building Owners. - To promote accountability, building owners and
building owner-builders shall be responsible for their compliance with the provisions of this Act, rules
and regulations, and reference standards. These responsibilities shall include but not be limited to:

(a) Engaging the services of the building professionals and/or building contractors for any proposed
construction, as may be required by this Act, rules and regulations, and other relevant laws, except for
Deemed-to-Satisfy Structures;

(b) Adhering to the plans and specifications prepared by such building professionals to ensure the
health and well-being of the people who use them, without impinging on the safety of the general
public or endangering the environment;

(©) Providing and/or submitting true and correct information and documents in support of their
application for permits and their prerequisite certifications and clearances;

(a) Complying with the terms and conditions of the permit issued, as well as the other prerequisite
certifications and clearances; and

(e) Maintaining the building consistent with its maintenance strategy, including regular inspection, and
conducting periodic inspection and other assessment of the structural integrity of the building, in
accordance with this Act, rules and regulations, and reference standards. (n)

SEC. 50. Responsibilities of Building Professionals. - To promote accountability, the various
building professionals, all of whom are registered by their respective professional boards under the
Professional Regulation Commission (PRC), shall be responsible for the accuracy of their work and their
corresponding certifications.

(a) Design professionals shall be responsible for the correctness of their design and the preparation of
duly signed and sealed drawings, technical specifications, calculations, designs, and analyses. They are
not precluded from conducting inspection of the construction work or building or structure to check and
determine adherence to the plans and specifications of the work as submitted with the permit
application, provided that in case of single family dwelling, an inspection must be upon the consent of
the occupant or upon lawful order from the proper court.

(b) Professionals in charge of construction shall be responsible for the correctness of construction,
including correctness of materials used, procedures followed, and temporary works carried out; for the
compliance with safety requirements; and for proper construction supervision at the site works. They
shall undertake the full-time inspection and supervision of the work, and keep at the work site at all
times a logbook wherein the actual progress of work including tests conducted, weather conditions,
and other pertinent data are recorded. They shall submit the logbook upon completion or stoppage of
construction, and as-built plans after construction, all duly signed and sealed by the professional in
charge of construction, to the Local Building Official.

SEC. 51. Responsibilities of Building Contractors. - To promote accountability, building
contractors shall adhere to the duly signed and sealed drawings, technical specifications, and


construction procedure of the construction, as prepared and certified by the building professionals and
relied upon by the Local Building Officials in the issuance of the permit, and additional details that
conform to said documents and do not increase risk to life, health, property, and public welfare.
Building contractors shall ensure the safety and health of construction workers, in addition to
protection afforded to them by labor laws. As principals, they shall be solidarily responsible for the acts
and omissions of their representatives, agents, subcontractors, and/or employees in relation to
construction. They shall engage building professionals in charge of construction.

(CHAPTER IX
PERMITS AND INSPECTIONS

SEC. 52. Types of Permit. - The building owner of any proposed construction or existing
building or structure must secure the appropriate permit from the Local Building Official, prior to the
start of such work or occupancy:

(a) Building Permit - a permit for the construction of building or structure or any addition, alteration,
conversion, moving, rehabilitation, repair, or retrofit of such;

(b) Ancillary Permit — a permit for the construction of ancillary structures as defined in this Act;

(c) Excavation Permit - a permit for construction involving the removal of soil or rock from a site to
form an open face, hole, or cavity using tools, machinery, or explosives;

(d) Demolition Permit - a permit for demolition of a building, structure, or portion thereof including
that which will be removed in the course of an on-going construction; and

(e) Certificate of Occupancy — a permit for the full use or occupancy of a building or structure, or a
partial permit for use or occupancy of portion or portions thereof prior to the completion of the entire
building or structure, or a temporary permit for temporary use or occupancy thereof prior to the
completion of the entire work covered by the permit, provided that such portion or portions shall be
used or occupied safely and that the Local Building Official shall set a time period during which the
partial permit or temporary permit shall be valid in accordance with rules and regulations.

The National Building Official may prescribe in the rules and regulations such other permits as it
may deem necessary in accordance with objectives of this Act.

No permit shall be required for minor constructions, repairs, or demolitions described in the
rules and regulations, insofar as these shall not violate any objective or provision of this Act.

SEC. 53. Detailed Classification of Buildings for Permitting Purposes. - The National Building
Official shall prescribe the requirements for and procedure in securing the different types of permit, as
may be appropriate, based on the classification of buildings found in Section 10 of this Act. The
procedures to be laid out by the National Building Official shall include: (a) a simplified permitting
process for Deemed-to-Satisfy Structures; (b) a mandatory structural peer review of the stability for
Special Structures; and (c) a regular permitting process for Regular Structures.

The National Building Official shall cause via Simplified Reference Standards the detailed
documentation and popular dissemination of information throughout the various regions on the proper
siting, design, and construction of types of Traditional Indigenous Family Dwellings and other Deemed-
to-Satisfy Structures.

SEC. 54. Application for Permit. - Any person desiring to apply for the appropriate permit shall
file a duly accomplished permit application form with the Local Building Official of the local government
unit, cluster thereof, or special jurisdiction where the building or structure, proposed or existing, is
located.

In case of expired or revoked permit, the building owner may apply for a renewal of permit in
accordance with the prescribed rules and regulations.


The National Building Official may require the payment of corresponding fees according to a
schedule provided in the rules and regulations and shall prescribe such other standard requirements to
be submitted with the duly accomplished permit application, provided that no application fees shall be
required for Deemed-to-Satisfy Structures.

Together with duly accomplished permit application form/s, the applicant shall submit: (a)
documents relating to ownership of building site that support the authority to order construction work
for a building or structure and to hold legal right of possession or title to a building or structure; (b)
relevant clearances from other agencies; (c) documents relating to building use or occupancy, location,
plans, specifications, and maintenance strategy; and (d) estimated construction cost. According to the
permit being applied for and the classification of building or structure involved whether Deemed-to-
Satisfy, Regular, or Special Structure, the National Building Official via rules and regulations shall
require specific parts of building plans, specifications and related documents to be submitted as
evidence of compliance with this Act, rules and regulations, and reference standards.

The National Building Official shall require specific parts of building plans and specifications to
be prepared, signed and sealed by appropriate building professionals, provided that two or more types
of building professionals may be authorized according to their respective professional regulation laws to
prepare, sign, and seal certain parts, sheets, or pages of building plans, specifications, and related
documents.

SEC. 55. Processing of the Permit Application. - Within a reasonable time from the filing of the
duly-accomplished permit application, payment of fees as applicable, and compliance with other
standard requirements to be determined by the National Building Official, the Local Building Official
shall give due course to the application and issue the permit applied for upon satisfaction of the
completeness and integrity of the application documents supported by the appropriate certifications of
building professionals and clearances from relevant government agencies, in accordance with this Act,
rules and regulations, and reference standards.

SEC. 56. Validity of Permit. - A building owner with issued permits has the continuing obligation
to comply with the provisions of this Act, rules or regulations, and reference standards throughout the
lifespan of the building or structure.

When submitted plans and specifications of an issued permit are subsequently found to be
erroneous, the Local Building Official is authorized to oblige the applicant to effect the necessary
corrections in said plans and specifications and the corresponding construction or to prevent or stop
any or all building operations that are in violation of this Act, rules and regulations, and reference
standards.

A permit issued under the provisions of this Act shall expire and become null and void if the
building or work authorized therein is not commenced within a period of one (1) year after the
issuance of the permit. A partial or temporary Certificate of Occupancy shall be valid for the time period
set by the Local Building Official in accordance with the prescribed rules and regulations. For phased or
incremental construction referred to in Section 32, the building owner may apply for an extension of
the validity of the permit, or renewal of the permit as appropriate, in accordance with the prescribed
rules and regulations.

SEC. 57. Grounds for Non-issuance, Suspension, or Revocation of Permit. - The Local Building
Official may order or cause the non-issuance, suspension, or revocation of permits on any or all of the
following reasons or grounds:

(a) Non-compliance with the provisions of this Act, rules and regulations, and reference standards;

(b) Substantial errors found in the plans and specifications;

(c) Repeated use of sub-standard building material or sub-standard workmanship and refusal to rectify
upon notice;


(d) Without any work being done in the site for more than 120 days for excavations left open or
building construction abandoned; and

(e) Fraudulent misrepresentation of data or information supplied in the application permit.

Notice of non-issuance, suspension, or revocation of permit shall always be made in writing,
stating the reasons or grounds therefor. Said action by the Local Building Official shall be proportionate
to the reasons or grounds committed by the applicant.

SEC. 58. Complaint. - Based on the grounds enumerated in the preceding section, any person
aggrieved by the proposed, ongoing, or existing construction, use, or occupancy thereof may file
before the Local Building Official of the local government unit, cluster thereof, or special jurisdiction
where the concerned construction is located for the non-issuance, suspension, or revocation of the
corresponding permit applied for by or granted to the building owner. The aggrieved party shall be
notified of the action taken by the Local Building Official in case the permit is granted or furnished with
a copy of the decision, order, or notice of non-issuance, suspension, or revocation of a permit of the
Local Building Official.

SEC. 59. Appeal to the Regional Building Appeals Board. - Within 15 days from the date of
receipt of notice of the non-issuance, suspension, or revocation of the permit or of the action taken by
the Local Building Official, the aggrieved party may file an appeal with the Regional Building Appeals
Board based on the following grounds:

(a) Arbitrariness of the Local Building Official in the performance of the regulatory functions; or
(b) Lack of factual or legal basis.

The Regional Building Appeals Board shall render a decision within 15 days from date of receipt of
appeal. The Regional Building Appeals Board’s decision shall be in writing, stating specifically the
reason/s or ground/s therefor. In case it finds the appeal to be meritorious, the Regional Building
Appeals Board shall direct the Local Building Official to issue the appropriate permit or order.

The decision of the Regional Building Appeals Board shall become final and executory 15 days
after receipt of a copy thereof by the party adversely affected unless, within that period, an appeal to
the National Building Official has been perfected.

An appeal shall not stay the decision appealed from unless the RBAB, upon motion or motu
proprio, orders its stay.

SEC. 60. Appeal to the National Building Official. - Within 15 days from the date of receipt of
notice of the decision of the RBAB, the aggrieved party may file an appeal to the National Building
Official; an appeal shall be deemed perfected upon filing of the notice of appeal and posting of the
corresponding appeal bond.

The National Building Official shall render a decision within 30 days from perfection of the
appeal. The National Building Official’s decision shall be in writing, stating specifically the reason/s or
ground/s therefor. In case the NBO finds the appeal to be meritorious, the National Building Official
shall direct the Local Building Official to issue the appropriate permit or order.

SEC. 61. Inspection and Supervision of Work and Building or Structure. - Subject to the primary
responsibility of building owners, building professionals, and building contractors to inspect and/or
supervise construction and as set forth in this Act, the Local Building Official may, upon motion of any
aggrieved party or motu proprio, visit and inspect at reasonable times the ongoing constructions or
existing buildings and structures to ensure compliance with the terms and conditions of the permits
and the provisions of this Act, rules and regulations, and reference standards. The National Building
Official shall promulgate rules and regulations for inspection of residential occupancies to be carried out
by the Local Building Official and/or accredited inspector.

The Local Building Official shall conduct periodic inspections of existing buildings and structures


in accordance with Chapter VII of this Act, rules and regulations, and reference standards.

CHAPTER X
INCENTIVES AND PENALTIES

SEC. 62. Incentives. - The National Building Official, in coordination with relevant agencies, shall
develop and administer incentive schemes, which can be administrative, financial, or otherwise, to
promote voluntary compliance of existing buildings and structures with the provisions of this Act, rules
and regulations, and reference standards, as well as to encourage all owners of buildings and
structures, either existing or proposed, to promote the use of environmentally sound or sustainable
materials, methods, practices, and technologies.

The National Building Official, in coordination with other relevant agencies, may also develop
and promulgate incentive schemes for owners of both public and private buildings to secure insurance
coverage for the residual risk after complying with mandatory requirements of relevant laws.

The National Building Official may recommend funding support for local government units and
communities that have endorsed disaster risk reduction and management activities for buildings and
structures, especially those falling within the classification of Deemed-to-Satisfy Structures, in their
jurisdictions.

SECTION 63. Prohibited Acts and Omissions. - The following are prohibited acts and omissions:
(a) by the Building Owner and/or representative:

(1) misrepresentation or submission of false statements or documents;

(2) undertaking any construction without the required permit/s;

(3) engaging non-registered building professionals in the construction of building;

(4) engaging non-licensed building contractors in the construction of building;

(5) noncompliance with or violation of the terms and conditions of the permit,
including prerequisite clearances by other government agencies;

6) use of unauthorized documents and/or certifications of building professional/s; and

(7) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

(b) by the Building Professional:
(1) misrepresentation or false statements;

(2) unprofessional acts of certifying documents that s/he did not prepare, or certifying acts that
s/he did not perform;

(3) violation of safety standards prescribed by law or regulations in case of professional in
charge of construction; and

(4) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

(©) by the Building Contractor:
(1) substantial deviation from the plans and specifications certified by building professionals and

submitted to the Local Building Official, in a way that increases the risk to life, health, property, or
public welfare;


(2) violation of safety standards prescribed by law or regulations; and

(3) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

(d) by the Local Building Official:
(1) arbitrariness in the performance of duties;
(2) unjustifiable delay or gross negligence in the discharge of duties;

(3) willful non-compliance with the orders of the National Building Official and Regional Building
Appeals Board; and

(4) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

(e) by the Accredited Certifier:

(1) misrepresentation or false statements in order to be accredited by the Office of the National
Building Official;

(2) knowingly and willfully certifying buildings and structures that do not meet the requirements
of this Act, rules and regulations, and reference standards, and other applicable laws;

(3) unreasonably refusing to certify buildings and structures that meet the requirements of this
Act, rules and regulations, and reference standards;

(4) negligently failing or delaying to certify buildings and structures that meet the requirements
of this Act, rules and regulations, and reference standards, to the prejudice of the building
‘owner/representative; and

(5) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

(f) by the Accredited Structural Peer Reviewer:

(1) misrepresentation or false statements in order to be accredited by the Office of the National
Building Official;

(2) unprofessional acts in the performance of duties as an Accredited Structural Peer Reviewer;
and

(3) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

(g) by the Accredited Testing Laboratory:

(1) misrepresentation or false statements in order to be accredited by the Office of the National
Building Official;

(2) willful misrepresentation or false statements in the test results of building materials;

(3) unprofessional acts in the performance of duties as an Accredited Testing
Laboratory; and

(4) analogous acts, omissions, and violations of this Act, rules and regulations, and
reference standards.


(h) by the Accredited Inspector:

(1) misrepresentation or false statements in order to be accredited by the Office of the National
Building Official;

(2) unprofessional acts of inspecting buildings and structures;

(3) certifying buildings and structures in consideration of any offer, promise, gift or present
received; and

(4) analogous acts, omissions, and violations of this Act, rules and regulations, and reference
standards.

SEC. 64. Fines and Penalties. - Any prohibited act or omission falling under paragraphs (a) ~ (h)
in the preceding section shall be subject to the administrative fines and penalties to be imposed by the
National Building Official, acting through the Local Building Official. Such fines shall not be lower than
0.01% nor higher than 1.0% of the construction cost, per violation, in accordance with the gravity of
the offense and the category of violator as provided in the preceding section; Provided, that the Local
Building Official may not issue, suspend or revoke any permit issued to the violator, as may be
appropriate, and/or order the suspension or cessation of any construction until such time that
compliance with this Act, rules and regulations, and reference standards are undertaken; Provided
further, that in case the building owner is also the builder, the liability is only considered as one and
that of the building owner; Provided furthermore, that in case of building professionals and/or building
contractors found to commit any of the prohibited acts and omissions, the Local Building Official shall
also endorse such violation to the Professional Regulation Commission (PRC) and the Construction
Industry Authority of the Philippines (CIAP), respectively, for the corresponding administrative
sanctions; and provided finally, that should there be more than one violator, their liability shall be
solidary.

These administrative sanctions imposed by the National Building Official, through the Local
Building Official, are without prejudice to the right of any affected person to file the appropriate
administrative, civil, or criminal action in the proper forum.

For offenses falling under paragraph (d) in the preceding section, the National Building Official,
upon recommendation of the Regional Building Appeals Board and after notice and hearing, may
suspend or revoke the appointment of the Local Building Official, without prejudice to the
administrative, civil, or criminal liability of such official in accordance with existing laws.

SEC. 65. Criminal Liabilities of Building Owners, Building Professionals, Building Contractors,
Accredited Certifiers, Accredited Structural Peer Reviewers, Accredited Testing Laboratories, and
Accredited Inspectors. - In case of gross violation of this Act and/or rules and regulations, the National
Building Official and/or Local Building Official may recommend to the appropriate government agencies
the filing of criminal charges against the violators. Gross violations shall mean any of the following:

(a) unauthorized change in type of construction from more fire-resistive to less fire-resistive;

(b) non-compliance with order to abate or demolish;

(c) non-compliance with cease or desist order for construction without a valid permit;

(d) without any work being done in the site for more than 120 days and without justifiable
cause, for excavations left open or building construction abandoned; and

(e) blatant disregard of the orders of the Local Building Officials in relation to the protection of
life, health, property, and public welfare, such as the non-payment of fines and breaking of seals or
operating despite the existence of an order for suspension or revocation.

In which case, the offender shall be punished, per violation, by a fine not lower than 0.01% nor
higher than 1.0% of the construction cost, or by imprisonment of not less than six (6) months nor


more than six (6) years, or both, at the discretion of the court, without prejudice to the civil liability of
the offender in accordance with existing laws. Where the violation is attended by injury, loss of life
and/or loss of property, the offender shall be proceeded against under the applicable provisions of the
Revised Penal Code and other special laws. If the offender is a juridical entity, its officers, directors,
agents, or any person primarily responsible shall be held liable.

SEC. 66. Criminal Liability of Local Building Officials and Staff. - Any Local Building Official
and/or staff who shall conspire to commit any of the enumerated gross violations with any offender as
provided in the preceding section shall be punished, per violation, by a fine not lower than 0.01% nor
higher than 1.0% of the construction cost involved, or by imprisonment of not less than six (6) months
nor more than six (6) years, or both, at the discretion of the court, without prejudice to the civil liability
of the offender in accordance with existing laws.

CHAPTER XI
FINAL PROVISIONS

SEC. 67. Appropriations. - The amount needed for the initial implementation of this Act shall be
taken from the current fiscal budget of the Department provided, however, that such amount as may
be necessary to carry out Section 38 is hereby appropriated out of the unappropriated funds of the
National Treasury in the amount of Three Hundred Sixty Five Million Pesos (Php 365,000,000).
Thereafter, Congress shall provide for the appropriations of the Department the annual amount needed
for the implementation of this Act to be included in the General Appropriations Act.

SEC. 68. Transitory Provision. - Consistent with Section 40 and Section 41 of this Act, existing
referral codes, renamed as reference standards by this Act, shall remain valid until after the National
Building Official promulgates new, revised, or amended reference standards after the review and
recommendation of the BRSC.

City and Municipal Engineers already acting as Local Building Officials in their respective
jurisdictions, and Local Building Officials already appointed by the Secretary and performing as such,
shall continue to act in such capacity, until new appointments shall be made for Local Building Officials.

SEC. 69. Implementing Rules and Regulations. - The National Building Official, upon the
recommendation of the Building Regulations and Standards Council and in consultation with relevant
stakeholders, shall promulgate the Implementing Rules and Regulations of this Act within one (1) year
from the effectivity of this Act. For this purpose, the Secretary, as the National Building Official, is
mandated to immediately constitute the Building Regulations and Standards Council within three (3)
months of the effectivity of this Act.

SEC. 70. Non-Retroactivity Clause. - This Act shall have no retroactive effect insofar as all
buildings and structures constructed under Presidential Decree No. 1096, or the National Building Code
of the Philippines, as amended, or existing city or municipal building ordinances, if legally done in
accordance therewith, shall be respected subject to such limitations in this Act and except as otherwise
stated in Section 38.

However, additions, alterations, conversions, moving, rehabilitations, repairs, retrofits, and
demolitions to be made in such buildings and structures shall be subject to the provisions of this Act.

SEC. 71. Mandatory Review. - This Act shall undergo a mandatory review of its provisions every
five (5) years to make the law more responsive to the needs of the times. The review shall be made by
Congress, which shall conduct public hearings and evaluate the accomplishments and impact of this Act
as well as the performance and organizational structure of its implementing offices, which shall be the
basis of any amendment or modification of this Act.

SEC. 72. Separability Clause. - If any portion of this Act is declared unconstitutional or invalid,
the other portions which are not affected thereby shall continue in full force and effect.

SEC. 73. Repealing Clause. - Presidential Decree No. 1096, or the National Building Code of the
Philippines, as amended, is hereby repealed. Sec. 477 of Republic Act No. 7160, also known as the


Local Government Code, is modified accordingly. Other existing laws, decrees, executive orders, and
rules and regulations or parts thereof that are inconsistent with this Act, are hereby repealed.

SEC. 74. Effectivity Clause. - This Act shall take effect 15 days after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

Approved,