Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7815

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 antiquated 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 Lely TAN, M.D.

4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7815

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 the House of Representatives of the Philippines in
Congress assembled:

CHAPTER |
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)

(c) “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;

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

() “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);

(rf) "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; g

(ji) "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 classificafion 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 |, 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 | 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

(c) “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 III
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 ceria 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
Prowide 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: Pome: 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.

SEC. 29. Innovative Construction Technologies. - All innovative construction
technologies used in building construction shall comply with any special tests or

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


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 usore ee ‘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
The cancnts prescribed by this Act, rules and regulations, and referers standards.

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-Satisty 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
16th 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
TV 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 thie 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”;

(c) 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;

(i) 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;

(i) 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-atlarge, enumerated above as (10), shall serve ex-officio if
officials and representatives of government agencies, or shalll 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;

(c) Amember 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;

(c) 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;

(f) 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;

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

(d) 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 shalll 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 advérsely 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.

(c)__ by (1) 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 420 days and without
justifiable cause, for excavations left open or building construction abandoned: and

(c) 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
Pout, without prejudice to the civil liability of the offender in accordance with existing
laws. Where the violation is attended by injury, loss of life andlor loss of property, the
offender shall be proceeded against under the applicable provisions of the Revised
Fenal 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 liablity of the offendey
in accordance with existing laws.

CHAPTER XI
FINAL PROVISIONS

SEC. 67. Appropriations. - The amount needed for the initial implementation of
his 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 asthe 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,