NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
)
SENATE
s. No. 1467
of tl]i'
*22 NOV ~3 P6:29
RECEIVcD BV;
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING THE PHILIPPINE BUILDING ACT OF 2022, THEREBY 
REPEALING PRESIDENTIAL DECREE NO. 1096, OTHERWISE KNOWN AS THE 
"ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES (NBCP) 
THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED 
FORTY-ONE (R.A. NO. 6541)"
EXPLANATORY NOTE
Republic Act No. 6541, or "An Act to Ordain And Institute A National Building 
Code of the Philippines" sets the technical standards in constructing and renovating 
buildings and structures in the Philippines. Central to it is the protection of "life, health, 
property and public welfare, consistent with the principles of environmental 
management and control; and to this end, make it the purpose of this Code to provide 
for all buildings and structures, a framework of minimum standards and requirements 
by guiding, regulating, and controlling their location, siting, design, quality of 
materials, construction, use, occupancy, and maintenance, including their 
environment, utilities, fixtures, equipment, and mechanical, electrical, and other 
systems and installations."
Civil engineering, mechanical engineering, electrical engineering, sanitary 
engineering, electronics engineering, and architecture are professions that concern 
primarily the building of structures. This proposed measure seeks to include in their 
curriculum, as a major subject, the National Building Code and to also include the 
Code as a topic in their respective licensure examinations. Hopefully, this effort will 
ensure that before the enumerated professionals practice their licenses, they are really 
equipped with the needed knowledge and proficiency that the industry really requires.
In view of these, consideration of this bill is earnestly sought.
RAMON
EVILLA, JR.


. Ornate
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
of ll;j
*22 NOV-3 P6 29
SENATE
s. No. _1467
RECEIVED BY
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING THE PHILIPPINE BUILDING ACT OF 2022, THEREBY 
REPEALING PRESIDENTIAL DECREE NO. 1096, OTHERWISE KNOWN AS THE 
ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES (NBCP) 
THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED 
FORTY-ONE (R.A. NO. 6541)"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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CHAPTER 1
GENERAL PROVISIONS
Section 1. Short We. - This Act shall be known as the "Philippine Building Act 
of2022".
Sec. 2. Declaration of Principles and Policies. — The State shall safeguard life, 
health, property, and public welfare, consistent with the 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:
1. To provide for the effective regulation of planning, design, construction,
occupancy, and maintenance of buildings and structures, the establishment of


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a permitting process based on their classifications, and the setting of reference
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standards to:
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a. Safeguard life and protect people from injury;
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b. Ensure the health and well-being of the people who use them, without
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impinging on the safety of the general public or endangering the
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environment;
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c. Protect property from physical damage; and
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d. Reduce and manage hazards, exposures, and vulnerabilities, thereby
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minimizing disaster risk;
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2. To promote the accountability of relevant stakeholders in ensuring enforcement
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of and compliance with this Act, rules and regulations, and reference standards; and
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3. To establish sustainability standards for government-owned buildings, mitigating
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any negative environmental, economic and social impacts.
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Sec. 4. Scope and Application. This Act shall cover all private and public buildings
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and structures, and their location, siting, planning, design, materials, construction,
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use, occupancy, maintenance, addition, alteration, conversion rehabilitation,
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relocation, repair, retrofit, and demolition.
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Sec. 5. Interpretation. - Nothing in this Act shall be interpreted to prevent local
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government units (LGUs), pursuant to local autonomy, from enacting local ordinances
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relating to buildings or structures and their location, siting, and planning that will
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better safeguard life, health, property, and public welfare, consistent with the
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objectives of this Act.
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Such local ordinances by LGUs of contiguous jurisdictions shall be harmonized
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for purposes of buildings that may straddle territories of LGUs.
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Before such local ordinance shall take effect, concurrence by the National
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Building Official shall be required through the review process specified in the
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promulgated rules and regulations.
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Every such local ordinance shall be published in a manner that is clear to all
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stakeholders, through measures that include, but are not limited to, those provided in
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Section 69 of this Act.
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Sec. 6. Definition of Terms. - As used in this Act:


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A. Accredited Certifier refers to a person possessing experience and other 
qualifications of a 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 construction;
B. Accredited Inspector refers to a person possessing experience and other 
qualifications of a 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;
C. Accredited Structurai Peer Reviewer refers to a person possessing experience 
and other qualifications of a Building Professional, 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


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Steel tanks; booths, kiosks, and stages; tombs, mausoleums, and niches; and 
similar structures;
H. Build Back Better to planning, based on the evolving or evolved disaster 
risks and ahead of disasters, to finance, design, and build 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 shelter, enclosure, or support of persons, animals, machinery, 
or chattels;
J. Building Contractor refers to a person duly registered and licensed by the 
Philippine Contractors Accreditation Board, whose proposal has been 
accepted and to whom was awarded the contract to execute the construction; 
for this purpose, "contract" means an agreement, regardless of titles such as 
prime contract, subcontract, or deed of assignment;
K. Building Ownerx^fexs to a person who orders construction work for a building 
or structure by contract; or a person undertaking one's own construction 
without engaging a Building Contractor therefor, as owner-builder; or a 
person holding the legal right of possession or title to a building or structure;
L. Building Professional refers to a person lawfully engaged in the design, 
construction, or inspection of a building or structure, who is duly registered 
and licensed by the Professional Regulation Commission (PRC), through a 
professional regulatory law for each profession, 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 title or legal right to build; for design purpose, 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;


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O. 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 under this Act;
P. Demolition refers to the systematic dismantling, destruction, or removal of a 
building or structure, in whole or in part;
Q. Department \wedins the Department of Public Works and Highways (DPWH);
R. Exposure refers to people, property, systems, or other elements present in 
hazard zones that are hereby subject to potential losses, or to the degree to 
which the elements at risk are likely to experience hazard events of different 
magnitudes;
S. Fire Resistance Rating refers to the time, in minutes or hours, that a building 
material, assembly, or type of construction can withstand fire exposure 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, 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, 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 LGU certifying that the proposed construction has 
the appropriate traffic impact assessment (TIA), is located in an appropriate 
zone, and does not violate the Comprehensive Land Use Plan (CLUP), any 
zoning ordinance or regulation of the concerned LGU, nor other applicable 
laws, ordinances or regulations, which document is submitted to the Local 
Building Official in support of an application for a permit;


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X. Permit refers to any of the permits that may be issued by the Local Building 
Official as set forth in this Act;
Y. Reference Standards refers to technical standards that the National Building 
Official promulgates through rues and regulations in administering and 
enforcing this Act; for this purpose, consistent with Section 40, existing 
referral codes shall hereinafter be remade and referred to accordingly as 
"reference standards;"
Z. 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;
AA. Relocation 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;
BB. Renovation refers to any physical change made on an existing building or 
structure to increase the value or improve the quality and/or aesthetics, 
without addition to building height or 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 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, 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;
FF. Special Site refers to a site that requires special rules and regulations to 
mitigate potential adverse impacts of the site conditions;
GG. 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


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improvements, dry docks, dams, irrigation, flood protection, tunnels,
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transmission towers and lines, and structures regulated by other national
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laws or competent national agencies;
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HH. Traditional Indigenous Family Dwelling refers to a residential building
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or structure intended for the use and occupancy by the family of the owner
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only and constructed with native or local materials such as nipa, cogon,
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bamboo, log, lumber, or stone, the estimated total cost of which does not
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exceed the limit prescribed by the National Building Official through rules
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and regulations;
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II. Vulnerability refers to the characteristics and circumstances of a community,
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system or asset that make it susceptible to the damaging effects of a hazard;
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vulnerability may arise from various physical, social, economic, and
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environmental factors such as poor design and construction of buildings,
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inadequate protection of assets, lack of public information and awareness,
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limited recognition of risks and preparedness measures, and disregard for
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sound environmental management; and
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JJ. Zoning refers to the division of a city or municipality into zones or sub-zones
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and overlay zones according to present and potential 
uses of land to
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maximize, regulate, and direct their use and development in accordance with
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the Comprehensive Land Use Plan (CLUP).
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Additional definitions shall be included in the Implementing Rules and
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Regulations (IRR) and in the reference standards: Provided, That these shall be non-
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redundant to, non-contradictory with, and only supplementary to, the definitions as
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used in this Act.
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CHAPTER II
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CLASSIFICATION OF BUILDINGS
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Sec. 7. Classification System. - A system of classification of buildings and
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structures in the Philippines as to: (a) type of construction according to fire resistance
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rating; (b) use of occupancy; and (c) required track of permitting process, is hereby
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adopted.
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Sec. 8. Buildings Classified by Type of Construction According to Fire
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Resistance Rating. - The building or structure shall be classified according to fire


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resistivity and fire resistance rating consistent with Republic Act (RA) No. 9514, or
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the "Fire Code of the Philippines" and its IRR, in consideration of the combination of
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features of fire safety constructions including, but not limited to, interior finishes,
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walls, barriers, doors, windows, vents, means of egress, and treatment of building
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components with flame retardant chemicals.
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Sec. 9. Buildings Clarified According to Use or Occupancy. - The building or
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structure shall be identified based on the use or occupancy, and shall be classified as
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follows:
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Group A. Assembly occupancies shall include all buildings and structures, or
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portions thereof, used for gathering together of fifty (50) or more persons for any
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purpose, including but not limited to deliberation, worship, entertainment, eating,
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drinking, amusement, awaiting transportation, and instruction;
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Group B. Business occupancies are those used for the transaction of business
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other than those covered under Group M. Mercantile, including the keeping of
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accounts and records and similar purposes for office, professional, or service-type
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transactions;
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Group D. Disaster response occupancies are those permanent centers for
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refuge and emergency evacuation or for emergency operation;
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Group E. Educational occupancies shall include buildings, or portions thereof,
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used for the gathering of group of six (6) or more persons for purposes of instruction;
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Group F. Factory and Industrial occupancies are those used for operations
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including, but not limited to, product processing, fabricating, manufacturing,
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assembling and disassembling, mixing, packaging, finishing or decorating, repairing,
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and material recovery;
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Group G. Agricultural and Biological occupancies are those used for the
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production, harvesting, processing, storage, manufacture, preserving, transporting,
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and distribution of agricultural and biological products or materials including, but not
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limited to, silos and its components, agricultural and biosystems machinery and
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equipment sheds, farm houses, green/screen houses, poultry houses, piggery
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houses, slaughterhouses, agricultural and biological products storage/warehouses,
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buildings and structures for poultry, livestock, fishery and forestry production and


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processing, kiln drying and lumber treatment structure, and structures for farm
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equipment, farm supplies, and agricultural waste utilization and management;
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Group I. Institutional occupancies are those used to house one or more
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persons under varied degrees of restraint or security, where such occupants are
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mostly incapable of self-preservation, because of security measures not under the
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occupants' control (sub-group ID), or government buildings and quarters rendering
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civic or public assistance and peace and order (Sub-group IG), or those in which care
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or supervision is provided to persons who are mostly incapable of self-reservation
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without physical assistance because of age, or physical or mental disability (Sub-
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group IH);
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Group M. Mercantile occupancies are those used for the display and sale of
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merchandise, and involves stocks of goods, wares, and merchandise incidental to
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such purposes and accessible to the public;
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Group R. Residential occupancies are those in which sleeping accommodations
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are provided for normal residential or dwelling purposes and include all buildings
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designed to provide sleeping accommodations, for example the socialized (Sub-group
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RS) and economic (Sub-group RE) housing covered by Batas Pambansa Big. (BP)
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220;
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Group S. Storage occupancies include all buildings or structures utilized
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primarily for the storage or sheltering of goods, merchandise, products, vehicles, or
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animals;
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Group U. Utilities and Miscellaneous occupancies are those with an ancillary
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character such as, but not limited to, those enumerated in Section 6. Subsection G
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Ancillary Structure, or those which cannot be properly classified in any of the other
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occupancy groups in this Section, such as, but not limited to, billboards and
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commercial sign boards; and
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Group Z. High-Hazard occupancies mean those with storage and handling of
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flammable, highly combustible, or other materials that would constitute a physical or
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health hazard, in quantities in excess of those allowed by regulations.
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The National Building Official may determine, through rules and regulations,
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sub-groups within Groups A to Z. Any other use or occupancy not mentioned
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specifically under this Section, or about which there is any question, shall, upon


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approval by the National Building Official, be included in the group which it most
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nearly resembles based on the associated hazard or risk to life, health, property and
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public welfare.
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In addition to permanent centers for refuge and evacuation as in Group D, any
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building, structure, or portion thereof may be designated as a temporary evacuation
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center provided it complies with the specific rules and regulations promulgated by
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the National Building Official.
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When a building or structure is of mixed occupancy or used for more than one
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occupancy, the whole building or structure shall be subject to the most restrictive
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requirement pertaining to any of the occupancy groups found therein, except as
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otherwise provided in applicable rules and regulations.
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For each group or sub-group of use or occupancy, the National Building Official
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shall promulgate specific rules and regulations and reference standards in accordance
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with this Act.
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Sec. 10. Buildings Classified According to Required Track of Permitting Process.
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- Buildings and structures shall be classified based on the required track of permitting
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process as follows:
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A. Simple Structures or Class PI Structures are buildings or structures
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belonging to sub-group/s under Group R, Residential, either traditional
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indigenous family dwellings regardless of number of floors, or individually
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constructed dwellings for up to three (3) families, with maximum total
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gross floor area limit for each case as prescribed by the National Building
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Official through rules and regulations, but shall exclude such structures
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under any government-approved mass housing project developed by the
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government, non-government organization, or private developer. These
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Simple or Class PI Structures shall comply with Simplified Reference
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Standards as prescribed by the National Building Official under a simplified
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track of permitting process.
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B. Regular Structures or Class P2 Structures are buildings or structures that
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do not fall under either one of the classifications of Simple Structures and
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Special Structures. Regular Structures shall require the regular track of
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permitting process.
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C. Special Structures or Class P3 Structures are buildings or structures that 
are distinguished by special physical attributes in terms of size, span, or 
form, very advanced structural calculation method and/or by nature of use 
or occupancy. These structures shall be any of the following:
1. Buiidings and other structures exceeding 75 meters in height or 
a higher height threshoid as prescribed based on rules and 
regulations by the National Building Official;
2. Long span structures exceeding 30 meters in span or a longer 
span threshold as prescribed based on rules and regulations by 
the National Building Official;
3. Buildings and other structures with two (2) or more floor levels, 
and in any single floor level exceeding 25,000 square meters of 
gross floor area;
4. Buildings and other structures with gross floor area exceeding 
40,000 square meters;
5. Facilities belonging to Group D, Disaster response;
6. Hospitals belonging to a sub-group under Group I, Institutional, 
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;
7. Facilities belonging to Group Z, High-Hazard;
8. Structures that have non-regular structural form as classified in 
structural reference standards; and
9. Buildings and other structures using very advanced structural 
calculation methods in design and/or design analysis as classified 
in structural reference standards.
Accordingly, the permitting process for these Special or Class P3 Structures 
shall require a peer review of the structural stability.
For buildings and structures that have non-regular structural form (sub-class 
8 in this Section) or using very advanced structural calculation method in 
design and/or design analysis (sub-class in this Section), the peer review shall 
be conducted by an Accredited Structural Peer Reviewer duly qualified for such
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specific sub-classes, respectively: Provided, That prior certification for
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innovative construction technology according to Section 29 of this Act shall be
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deemed to satisfy the requirement of structural peer review; Provided further,
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That the Office of the National Building Official shall establish and/or accredit
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competent government agencies in charge of certification of innovative
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construction technologies as provided for in Section 29.
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The act of reviewing does not pass on the responsibility and the liability
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of the Building Professional for design to the Accredited Structural Peer
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Reviewer on the structural integrity of the building, without prejudice to
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administrative charges under applicable professional regulations: Provided,
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That should the Building Owner opt, under applicable laws and professional
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regulations, to lawfully disengage the previously engaged Building Professional
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for design an Accredited Structural Peer Reviewer who has been previously
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engaged as peer reviewer according to this Section, a new independent
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Accredited Peer Reviewer shall be required.
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Sec. 11. Buiidings and Structures. - For purposes of this Act, structures shall
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include buildings, ancillary structures, and other structures as defined in this Act.
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Sec. 12. Requirements for Each Type of Construction According to Fire
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Resistance Rating. - No change shall be made in the use or occupancy and/or type
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of construction according to fire resistivity and fire resistance rating of any building
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or structure, which would place the building or structure in a different occupancy
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group or different type of construction, unless such building or structure is made to
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comply with the requirements for the new occupancy group or type of construction:
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Provided, That the change may be approved by the Local Building Official upon
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determination that the new use or occupancy and/or type of construction poses less
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risk to life, health, property, and public welfare, according to rules and regulations
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promulgated by the National Building Official.
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CHAPTER III
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LOCATION, SITING, AND ZONING REQUIREMENTS
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Sec. 14. Generai Requirements for Location, Siting, and Zoning. - The site,
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upon which will be constructed any building or structure, shall be sanitary, hygienic,
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and accessible, and shall not pose high hazard for the intended use or occupancy, as
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determined by competent and appropriate authorities and certified applicable laws
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and regulations. It shall not obstruct existing easement or right-of-way of the National
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Government and all LGUs, as well as departments, regulatory agencies,
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instrumentalities, government owned and controlled corporations, and implementing
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units of the same, in accordance with existing laws and rules and regulations.
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Sec. 15. Protection of the Site Environment - Any proposed construction,
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including its location, siting, and use, shall take into account the environment and its
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conservation and protection. It shall not gravely affect the heritage and
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environmental significance of the site; and shall not harm nor aggravate the state of
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the neighbourhood, environment, and natural resources surrounding it. No
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construction, its location, siting and use, shall be allowed without complying with the
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applicable heritage, environmental, and natural resources laws and regulations, as
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determined by competent and appropriate authorities and certified through a
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locational clearance and other clearance/s or certificate/s, as prescribed by applicable
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laws and regulations.
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Sec. 16. Protection of the Pubiic. - Any proposed construction shall not cause
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harm to the general public nor infringe on public spaces.
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Sec. 17. Requirement in Hazard Zones and Special Sites. - The Building
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Owner and Building Professional shall ensure that the proposed construction, its
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location, siting, and use, will not increase the vulnerabilities of the people who will
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occupy the building and their neighbourhood on account of the hazard zone or special
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site. Within hazard zones as established in the Comprehensive Land Use Plan (CLUP)
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and/or hazard maps published by the National Government, risk mitigation and
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adaptation requirements and/or measures shall be incorporated in the rules and
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regulations and reference standards as promulgated by the National Building Official.
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Sec. 18. Resilience. - Buildings and structures damaged structurally by a
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disaster or crisis shall adhere to principles of building back better in post-disaster or
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post-crisis recovery and reconstruction.
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The National Building Official shall cause to integrate disaster risk reduction
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and management measures in the rules and regulations and reference standards for
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planning, design, and reconstruction of buildings and structures.
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The National Building Official shall promulgate specific rules and regulations
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and reference standards for temporary post-disaster or post crisis structures.
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CHAPTER IV
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DESIGN REQUIREMENTS
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Sec. 19. Genera! Requirements for Design. - The design of all buildings and
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structures shall comply with the requirements prescribed by this Act, rules and
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regulations, and reference standards: Provided, That there shall be specific levels of
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standards and technical requirements for socialised housing (residential occupancy
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Sub-group RS) and economic housing (residential occupancy Sub-group RE)
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structures, as provided by BP 220; Provided further, That Group G, Agricultural and
12 
Biological occupancies, shail consider biosystems design requirements for the
13 
protection of persons, animals, crops and the environment.
14 
Buildings and structures on or in special sites shall consider special design
15 
requirements and risk mitigation measures called for by the specific site conditions.
16 
Sec. 20. Stabiiity. - All buildings and structures shall be designed to be
17 
structurally stable against anticipated combinations of loads and effects so as to
18 
safeguard people and property from physical harm or damage. Subject to the
19 
provisions under Article 684 to 686 of RA 386, or the "Civii Code of the Phiiippines",
20 
on lateral and subjacent support, the design and quality of materials used structurally
21 
in excavation, footings, and in foundations shall conform to prescribed reference
22 
standards and accepted engineering practice.
23 
Sec. 21. Protection from Fire. - All buildings and structures shall be designed
24 
to safeguard persons and properties from any harm or damage caused by fire in
25 
accordance with RA 9514, or the 'yFire Code of the Phiiippines", and its IRR. All fire
26 
safety constructions as defined under RA 9514, shall be designed in accordance with
27 
specific rules and regulations and reference standards under this Act.
28 
Sec. 22. Protection from Moisture and Surface Water. - All buildings shall be
29 
designed to provide adequate resistance to penetration by, and the accumulation of,
30 
excessive moisture and surface water.
14


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Sec. 23. Protection from Other Hazards. - All buildings and structures shall
2 
be designed to safeguard persons and properties from other site-specific multiple
3 
hazards.
4 
Sec. 24. Safety of Users or Occupants. - All buildings and structures shall be
5 
designed to safeguard its users or occupants from harm, injury or loss.
6 
Sec. 25. Ingress, Circulation, and Egress. - Safe access into, circulation within,
7 
and egress from the buildings, including emergency exits, shall be provided for
8 
persons and vehicles.
9 
Sec. 26. Energy and Energy Efficiency. - The design of buildings and structures
10 
shall include, wherein required, practices and technologies that optimize energy
11 
efficiency.
12 
The National Building Official shall promulgate specific rules and regulations
13 
on energy efficiency that are applicable to buildings and structures exceeding a
14 
threshold total gross floor area, depending on the classification of use of occupancy.
15 
Sec. 27. Services and Facilities. - All building services and facilities, their
16 
equipment and installations, shall be designed to be adequate, safe, and efficient to
17 
promote the well-being of the users or occupants and the general public.
18 
Constructability and ease of maintenance of the services and facilities shall be highly
19 
considered in the design.
20 
As required by the occupancy group, buildings and structures shall be designed
21 
to provide services and facilities including, but not limited to, the following: light and
22 
ventilation; water supply; drainage; waste water disposal; solid waste management;
23 
pest and vermin control; power and fuel supply; communication facilities; conveyance
24 
and parking facilities; and fire lane and fire hydrants; Provided, That the
25 
carriageways, sidewalks, and all parts of road right-of-way for public roads adjoining
26 
a building site, shall not be used to meet the requirements of parking facilities for the
27 
building as required by this Act, rules and regulations, and reference standards;
28 
Provided further. That queuing areas, driveways, ramps, entrances to, and exits from
29 
parking facilities for a building shall not encroach on the road right-of-way nor
30 
obstruct the movement of pedestrians and vehicles on the public roads adjoining the
31 
building; Provided finally, That telecommunication facilities such as, but not limited
32 
to, in-building solutions and fiber-optic cabling for high-capacity and high-speed
15


1 
requirements shall be mandatory in buildings owned by the National Government and
2 
all LGUs, as well as departments, regulatory agencies, instrumentalities, and
3 
implementing units of the same.
4
5 
CHAPTER V
6 
CONSTRUCTION REQUIREMENTS
7 
Sec. 28. Genera! Requirements for Construction. - The construction of all
8 
buildings and structures shall comply with the requirements prescribed by this Act,
9 
rule and regulations, and reference standards.
10 
Use of materials, pieces of equipment, plants, and tools, and selection of
11 
personnel shall conform to reference standards on materials, methods, and practices,
12 
in order to ensure quality of material and workmanship. Builders shall promote quality
13 
of construction as one of the essential links to the reduction of vulnerability of the
14 
building or structure to hazards.
15 
Sec. 29. Innovative Construction Technoiogies. - All innovative construction
16 
technologies used in building construction shall comply with any special tests or
17 
requirements as prescribed by the National Building Official, pursuant to the policies
18 
and objectives of this Act. These technologies shall be installed by qualified personnel
19 
and supervised by technically competent professionals.
20 
The proponent of such innovative construction technology may apply for a
21 
certification with the competent national agency according to the rules and
22 
regulations prescribed by the National Building Official. Buildings and other structures
23 
using an innovative construction technology with prior certification shall be deemed
24 
to satisfy the requirement of structural peer review: Provided, That innovative
25 
technologies appropriate for socialized and economic housing, which are low-cost
26 
housing as covered by BP 220, shall be subject for accreditation by the Accreditation
27 
of Innovative Technologies for Housing (ATTECH) Committee or its successor agency;
28 
Provided further, That the Office of the National Building Official shall establish and
29 
accredit another competent national agency to be in charge of accreditation of
30 
innovative technologies, including so-called smart and/or green technologies, that
31 
are for applications other than socialized or economic housing; Provided finaiiy. That
32 
nothing in this Act shall be interpreted to prevent the National Building Official from
16


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28
29
30
31
32
causing the establishment and accreditation of a unified competent national agency 
to be in charge of accreditation of innovative technologies for various construction 
applications.
Sec. 30. Safety and Protection During Construction. All buildings shall be 
constructed or demolished without causing any harm or injury to the construction 
workers and the public.
Sec. 31. Protection of Property During Construction. All and any public or 
private property above or below the ground shall be protected from any damage by 
any work being done under the permit. The protection shall be maintained while such 
work is being done and shall not obstruct the normal functioning of any such property.
Sec. 32. Phased or Incremental Construction. All uncompleted portions of 
buildings subject to phased or incremental construction shall be protected and shall 
not pose harm to the public. Any additional or incremental work shall not compromise 
the safety and well-being of the users or occupants.
Sec. 33. Construction and Demolition Waste Management All buildings shall 
be constructed with proper management of construction and demolition 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 the health of users or occupants and must not cause any substantive 
negative impact to the environment such as, but not limited to, air, water, and soil: 
Provided, That product standards promulgated by competent national agency shall 
be harmonized with or incorporated together with the reference standards under this 
Act.
Sec. 35. Selection of Materials. Building materials and components shall be 
selected following a set of criteria including, but not limited to, strength, fire
17


1 
resistivity, moisture resistance, durability, and sustainability, according to rules and
2 
regulations and reference standards promulgated by the National Building Official.
3
4 
CHAPTER VII
5 
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS
6 
Sec. 36. General Requirements for Occupancy, Maintenance, and Abatement
1 - All Building Owners shall use and maintain the building in accordance with the
8 
requirements prescribed by this Act, rules and regulations, and reference standards.
9 
The use and maintenance of the building must be safe for the health of users,
10 
occupants, and the general public, and shall not cause any substantive negative
11 
impact to the environment such as, but not limited to, air, water, and soil.
12 
Sec. 37. Maintenance, Inspection and Assessment of Buildings and Reporting
13 
to the ONBO. - All buildings shall undergo regular maintenance and inspection in
14 
accordance with each building's maintenance strategy. There shall be rules and
15 
regulations to guide the preparation, approval, and implementation of appropriate
16 
maintenance strategies for buiidings and structures, promulgated by the National
17 
Building Official. The Building Owner shall perform periodic maintenance and
18 
inspection; the Local Building Officials and/or Accredited Inspectors shall conduct
19 
inspection as appropriate according to rules and regulations. The Office of the
20 
National Building Official shall establish a system of monitoring, reporting, and
21 
evaluating maintenance and inspection activities.
22 
The Office of the National Building Official shall assist Building Owners of
23 
structures falling within the classification Simple or Class PI Structures and Regular
24 
or Class P2 Structures in conducting a simplified or regular inspection of their
25 
buildings.
26 
For buildings and structures with occupancies falling under Group A, Group D,
27 
Group E, or Group Z, there shall be periodic inspections by Local Building Officials
28 
and/or Accredited Inspectors subject to specific rules and regulations, promulgated
29 
by the National Building Official.
30 
The Office of the National Building Official shall coordinate with relevant
31 
government agencies that regulate business operations in buildings and structures;
32 
the structural stability clearance from the Office of the Local Building Official shall be
18


1 
a prerequisite for the issuance or renewal of business permit or permits to operate,
2 
for new occupancy or occupancy after 15 years from the date of completion of the
3 
building or structure.
4 
Mandatory inspection and assessment by an Accredited Certifier as to
5 
structural stability and fire safety construction shall be commissioned by the Building
6 
Owner at the 15th year from the date of completion of the building, and every 15
7 
years thereafter in the case of Special or Class P3 Structures.
8 
In cases of addition, alteration, conversion, rehabilitation, relocation, repair,
9 
and/or retrofit requiring more recent structural stability assessment and
10 
corresponding certification and clearance, the date of reckoning of 15 years for
11 
purposes of this Section shall be counted from the completion date of the latest
12 
building permit that involved the most recent structural stability clearance under this
13 
Act.
14 
The National Building Official shall promulgate rules and regulations and
15 
reference standards for mandatory inspection and assessment of buildings as to
16 
structural stability and fire safety construction, specific to the various building
17 
classifications: Provided, That Accredited Certifiers need not be engaged for Simple
18 
or Class PI Structures and Regular or Class P2 Structures.
19 
The National Building Official shall promulgate specific rules and regulations
20 
for mandatory inspection and assessment of all buildings as to structural stability and
21 
fire safety construction after regional catastrophic events such as, but not limited to,
22 
widely destructive earthquakes and typhoons. The determination of an event that is
23 
catastrophic as to warrant mandatory assessment of all buildings in a geographic
24 
area shall be made by the National Building Official, in consultation and coordination
25 
with other government agencies.
26 
The Office of the National Building Official, through the Offices of Local
27 
Building Officials, shall maintain a computerized national database of permits and
28 
other periodic data about all buildings and structures, including, but not limited to,
29 
reports on maintenance, inspection, and/or assessment.
30 
Sec. 38. Special Provision for Buildings Completed More than 15 years Prior to
31 
the Effectivity of this Act. - To ensure the safety of the people and to reduce risks,
32 
Special or Class P3 Structures and buildings, and structures with occupancies falling
19


1 
under Group A and Group E, that were completed in 2005 or earlier, are mandated
2 
to have an assessment of the design based on the requirements in Chapter IV of this
3 
Act as specified in the ruies and reguiations, as to structurai stability and fire safety
4 
construction, and the Buiiding Owners are to submit the certifications or findings of
5 
appropriate Buiiding Professionals, serving as Accredited Certifiers, to the concerned
6 
Locai Building Officiais regarding the state of such buildings and structures and their
7 
safety and/or need for retrofit.
8 
Within three (3) months from the effectivity of this Act, the Department,
9 
through the Office of the Nationai Buiiding Official, in consultation with reievant
10 
agencies and stakehoiders, shaii impiement a phased approach to prioritize
11 
compliance of Buiiding Owners of both public and private buildings in hazard zones,
12 
such as, but not limited to, those near earthquake fauit iines or in coastai zones
13 
affected by sea levei rise, or in hazard zones or areas otherwise identified in hazard
14 
maps, or those used for assemblies in large numbers and/or by vulnerable users or
15 
occupants.
16 
The National Building Official, in coordination with other concerned agencies,
17 
shaii deveiop and administer incentive schemes, such as those allowed by the disaster
18 
risk reduction and management funds, to support immediate voiuntary retrofit by the
19 
Building Owners requiring modifications for the safety of the users or occupants
20 
and/or the generai pubiic.
21 
Sec. 39. Abatement of Dangerous and Ruinous Buildings. - When any buiiding
22 
or structure is found or declared to be dangerous or ruinous, the Locai Building OfFiciai
23 
shaii order its repair, vacation, or demolition depending upon the degree of danger
24 
to life, health, property, and public weifare. This is without prejudice to further action
25 
that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil
26 
Code of the Philippines and other existing laws.
27 
For purposes of this Section, dangerous or ruinous buildings or structures are
28 
determined by the Locai Buiiding Official to be structurally unstable; or not provided
29 
with safe egress; or which constitute a fire hazard; or are otherwise dangerous to
30 
human life; or which in reiation to existing use, constitute a hazard to iife, safety,
31 
heaith, or pubiic welfare because of inadequate maintenance, dilapidation.
20


1 
obsolescence, or abandonment; or which otherwise contribute to the pollution of the
2 
site or the community to an intolerable degree.
3 
Abatement and/or rehabilitation of buildings and structures covered under RA
4 
10066, or the ''National Cultural Heritage Act of2009", shall be coordinated with the
5 
National Commission for Culture and the Arts (NCCA) prior to any action of
6 
abatement.
7
8 
CHAPTER VIII
9 
ADMINISTRATION
10 
Sec. 40. National Building Official (NBO): Powers, Obligations, and Functions.
11 
- The Secretary of the Department shall have the duty to ensure that all laws relating
12 
to building design and construction are faithfully executed and is primariiy charged
13 
with the administration and enforcement of the provisions of this Act, rules and
14 
regulations, and reference standards.
15 
The Secretary shall ensure harmonization of rules and regulations and
16 
reference standards between government-funded and non-government funded
17 
buildings and structures, consistent with the objectives of this Act.
18 
As the National Building Official, the Secretary shall have the following general
19 
powers, obligations, and functions:
20 
A. Issue and promulgate rules and regulations to implement the provisions of this
21 
Act, upon recommendation of the Building Regulations and Standards Council,
22 
and ensure compliance with policies, plans, standards, and guidelines
23 
formulated. The Building Regulations and Standards Council shall be formed
24 
in accordance with the provisions of this Act;
25 
B. Approve and/or take final action on changes and/or amendments to reference
26 
standards based on recommendations of the Building Regulations and
27 
Standards Council. For this purpose, existing referral codes shall hereinafter
28 
be renamed and referred to accordingly as "reference standards";
29 
C. Appoint Local Building Officials, in manner as provided for by this Act, and
30 
exercise supervision and control over them as the National Building Official;
31 
D. Designate Local Building Officials, in manner as provided for by this Act, and
32 
exercise supervision and control over them as the National Building Official;
21


1 
E. Create the Office of the Local Building Official in case of clustered
2 
municipalities, as set forth in this Act, and exercise administrative, as well as
3 
technical supervision and control;
4 
F. Appoint the Regional Building Appeals Boards, as provided for by this Act, and
5 
exercise administrative supervision over them;
6 
G. Prescribe and fix the schedule of fees, appeal bonds, and other charges that
7 
the National Building Official and Local Building Officials shall collect in the
8 
exercise of their regulatory functions;
9 
H. Inspect at reasonable times any building or structure, covered by this Act,
10 
rules and regulations, and reference standards: Provided, That in case of a
11 
single-family dwelling, an inspection must be upon the consent of the occupant
12 
or upon lawful order from the proper court;
13 
I. Issue appropriate orders, including cease and desist order and demolition
14 
order, against any person or entity to prevent injury to the public and compel
15 
compliance with the provisions of this Act, rules and regulations, and reference
16 
standards;
17 
J. Impose fines, penalties, and other administrative sanctions for failure or
18 
refusal to comply with, or violation of any provision of this Act, rules and
19 
regulations, and reference standards, or any order, instruction, or ruling;
20 
K. Enlist the aid and support of, and/or deputize any and all enforcement
21 
agencies of the government, in the implementation of his powers and functions
22 
under this Act, rules and regulations, and reference standards; and
23 
L. Exercise such other powers and perform such functions as may be needed to
24 
carry out the objectives of this Act, rules and regulations, and reference
25 
standards.
26 
Sec. 41. Building Regulations and Standards Council (BRSC). - A Building
27 
Regulations and Standards Council is hereby created to assist the National Building
28 
Official in reviewing and recommending rules and regulations and reference
29 
standards to accomplish the objectives of this Act.
30 
a.Members. The Building Regulations and Standards Councii shali be composed
31 
of the following:
32 
1. Undersecretary for Technical Services of the Department as Chair;
22


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4
5
6
7
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9
10
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12
13
14
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20 
21 
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23
24
25
26
27
28
29
30
31
32
2. Undersecretary of the Department of Human Settlements and Urban 
Development (DHSUD) for technical service or planning;
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. Undersecretary of the Department of Trade and Industry (DTI) in charge 
of supervision of product standards and/or contractor accreditations;
6. Undersecretary of the Department of Science and Technology (DOST) for 
scientific and technological services;
7. Undersecretary of the Department of Environment and Natural Resources 
(DENR) for planning and policy making regarding environmental 
concerns;
8. President of a national association of local building officials;
9. President of a national association of building developers, national 
association of building owners, national association of building managers, 
or national association of building administrators;
10. President of a PRC-accredited national professional organization of 
building professionals;
11. President of a national association of building contractors;
12. High-ranking regular faculty member from a recognized higher education 
institution involved in the training of building professionals; and
13. Representative-at-large coming from any concerned sectors whose 
participation is deemed by the National Building Official as timely and 
complementary to those of other members enumerated.
Each from a list of nominees submitted by their respective sectors, all 
representatives from the private, academic, or non-government sectors, 
enumerated above from 8 to 12, shall be appointed by the National Building 
Official for a term of three (3) years; Provided, That each said member, during 
the term in the Council, shall remain a certified member-in-good-standing of the 
association, organization, or institution that has been originally represented. In 
case of substitution or replacement of a member representing a specific sector, 
the new member shall serve for the remainder of the three-year term.
23


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2
3
4
5
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9
10
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12
13
14
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16
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25
26
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29
30
31
For these sectors enumerated above from 8 to 12, a different 
association, organization, or institution other than the one currently represented 
shall be given preference by the National Building Official in the next full three- 
year term appointment, in order to practice a rotation of representation from 
among the various associations, organizations, or institutions in each sector.
Representative-at-large, enumerated above as 13, shall serve as ex- 
officio, if an official and representative of government agencies, or shall serve 
for a term of three (3) years without immediate reappointment within one (1) 
year, if coming from the private, academic, or non-government sectors.
In the absence or temporary incapacity of the Undersecretary for 
Technical Services of the Department, the Undersecretary of DHSUD shall act 
as the Chair of the Council.
In the absence or temporary incapacity of the Undersecretary for 
Technical Services of the Department and the Undersecretary of DHSUD, the 
Officer-in-Charge (OIC) Undersecretary for Technical Services of the 
Department 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.
b. Duties and Responsibilities. The Building Regulations and Standards Council 
(BRSC) 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, and 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;
24


1 
4. Collect relevant information, conduct research, and support studies on
2 
all matters relating to design and construction, such as, but not limited
3 
to, the performance and results achieved of the standards in
4 
mainstreaming disaster risk reduction and management in building,
5 
planning, design, construction, occupancy, and maintenance;
6 
5. Submit recommendations, including rules and regulations and reference
7 
standards, to the National Building Official for approval;
8 
6. Submit an annual report to the National Building Official; and
9 
7. Perform such other functions that the National Building Official may
10 
authorize or assign as may be necessary in carrying out the objectives of
11 
this Act.
12 
c. Technical Working Groups (TWGs). To support the BRSC in the performance
13 
of its duties and responsibilities, the National Building Official shall constitute
14 
Technical Working Groups (TWGs) composed of relevant stakeholders.
15 
d. Secretariat. The BRSC shall have its Secretariat personnel separate from the
16 
Office of the National Building Official, to assist in the operation of the Council
17 
and TWGs.
18 
e. Procedures. The National Building Official, in consultation with relevant
19 
stakeholders, shall prescribe, based on rules and regulations, the procedures
20 
of the BRSC, ensuring the periodic review of reference standards every five
21 
(5) years and the participation of the relevant stakeholders including, but not
22 
limited to, building officials, building developers, building owners, building
23 
managers or administrators, building professionals and professional
24 
organizations, building contractors, and higher education institutions, in
25 
setting performance standards for design and construction.
26 
The National Building Official shall issue every five (5) years, or more
27 
frequently as needed, updated reference standards.
28 
f. The BRSC budget shall be included in the annual budget of the Department.
29 
Sec. 42. Office of the National Building Official (ONBO). - The Office of the
30 
National Building Official, within the Department, is hereby created to provide
31 
sufficient technical, legal, administrative, and support personnel to the National
32 
Building Official in the exercise of his powers and the performance of his duties.
25


1 
The Office of the National Building Official shall provide assistance to the
2 
National Building Official in the institutional strengthening of the Offices of Local
3 
Building Official, capacity building of Local Building Officials, data management,
4 
monitoring and evaluation, and establishing and maintaining linkages with concerned
5 
institutions. A mandatory continuing education and training program shall be pursued
6 
for the Local Building Officials and their staff, as well as the staff of the ONBO.
7 
The Office of the National Building Official shall coordinate the Regional Building
8 
Appeals Boards.
9 
The ONBO shall formulate plans, programs and projects on building planning,
10 
design, construction, occupancy, and maintenance, pursuant to this Act, in
11 
consideration of global best practices and the exposure of the country to multiple
12 
hazards. It shall plan and implement a computerized national database of buildings
13 
and structures, for purposes of Section 37 and other provisions of this Act, and rules
14 
and regulations. It shall also be in-charge of the implementation of a system of
15 
accreditation of qualified Building Professionals as Accredited Certifiers, Accredited
16 
Structural Peer Reviewers, and/or Accredited Inspectors, and 
qualified
17 
establishments or institutions as Accredited Testing Laboratories.
18 
Sec. 43. Regional Building Appeals Boards (RBAB). - A Regional Building
19 
Appeals Board, with appropriate personnel, is thereby created in Regional Offices of
20 
the Department and placed under the administrative supervision of the National
21 
Building Official: Provided, That an RBAB may be created by the National Building
22 
Official to serve a group of adjacent regions. The RBAB shall be chaired by a member
23 
of the Philippine Bar, and assisted by two technical personnel of the Department
24 
sitting as the other members of the Board and by support staff, all of whom are
25 
appointed by the National Building Official. It shall have exclusive appellate
26 
jurisdiction to review decisions of the Local Building Officials, or resolve appeals
27 
and/or complaints after the same shall have been acted upon, or not given due
28 
course, by the respective Local Building Officials within their region. In case of appeal
29 
for reconsideration by an aggrieved party on the same matter, the decision of the
30 
RBAB shall be subject to review by the National Building Official, pursuant to Section
31 
60 of this Act.
26


1 
Sec. 44. Offices of the Local Building Official (OLBOs) and Local Building Officials
2 
(LBOs). - Cities and first-class municipalities shall create and operate a separate
3 
Office of the Local Building Official headed by a Local Building Official, who shall be
4 
appointed by and accountable to the National Building Official. The Local Building
5 
Official shall be appointed by the National Building Official from a list of at least three
6 
(3) qualified recommendees of the mayor, subject to civil service law and rules and
7 
regulations. The Local Building Official shall be responsible for carrying out the
8 
provisions of this Act, rules and regulations, and reference standards within the
9 
territorial jurisdictions. Notwithstanding the foregoing, the National Building Official
10 
shall have complete supervision and control over the Local Building Official.
11 
Depending upon their needs and in order to improve their frontline services,
12 
second to sixth-class municipalities may create and operate a separate Office of the
13 
Local Building Official to serve the clustered municipalities, which office shall be under
14 
the National Building Official. This cluster Office shall be located at a municipality
15 
within the cluster as determined by the National Building Official. Each cluster of
16 
municipalities may recommend to the National Building Official the appointment of
17 
one Local Building Official for such cluster from a list of at least three (3) qualified
18 
recommendees of the mayors of the cluster, subject to civil service law and rules and
19 
regulations.
20 
Absent a request to and/or approval by the National Building Official for either
21 
a separate or a cluster Office of the Local Building Official, the municipal engineers
22 
of the second to sixth-class municipalities shall be designated by the National Building
23 
Official to act, in concurrent capacity, as the Local Building Officials in their respective
24 
territorial jurisdictions. For purposes of this Chapter and this Section, the Office of
25 
the Municipal Engineer in such second to sixth-class municipalities shall be referred
26 
to also as Office of the Local Building Official.
27 
The concerned LCD shall provide the funding for and operate the separate Office
28 
of the Local Building Official; the Office of the National Building Official shall fund and
29 
operate cluster Offices of the Local Building Official. The sharing and use of fees and
30 
fines among the offices shall be in conformity with Section 46 of this Act.
31 
Sec. 45. SpeciaUurisdictions. - There shall be Local Building Officials for special
32 
jurisdictions such as the Armed Forces of the Philippines (AFP), the Philippine
27


1 
Economic Zone Authority (PEZA), the Department of Agriculture (DA), and other
2 
government agencies, as explicitly provided for by applicable laws, who shall regulate
3 
the design and construction of buildings or structures under their jurisdiction and/or
4 
their registered locators and enterprises. These Local Building Officials in special
5 
jurisdictions shall likewise be designated by and accountable to the National Building
6 
Official.
7 
Said Local Building Officials shall be designated by the National Building Official
8 
from a list of at least three (3) qualified recommendees of the head of their agency,
9 
subject to civil service law, and rules and regulations.
10 
Sec. 46. Sharing and Use of Fees and Fines. - Out of the total collection derived
11 
from fees, permit fees, fines, and other charges, the Office of the Local Building
12 
Official shall retain 15% thereof and deposit in a special discount created by the
13 
National Building Official. The remaining 80% shall accrue to the general fund of the
14 
LGU or the agency with special jurisdiction, which created and operated the Office.
15 
However, in the case of the cluster Office of the Local Building Official, it shall
16 
retain 15% thereof and deposit in a special account created by the Local Treasurer,
17 
to answer for its maintenance and other operating expenses, cause to remit 65% to
18 
the National Building Official, and cause to divide the remaining 20% between or
19 
among the clustered municipalities in proportion to the total fees and fines originating
20 
from each municipality, and to accrue to their respective general funds.
21 
The share of income to be remitted to the National Building Official shall be
22 
used to cover honoraria for the BRSC Secretariat, BRSC TWGs, RBABs, and other
23 
operating expenses of the BRSC, ONBO, RBABs, and cluster OLBOs.
24 
Any provision of law to the contrary notwithstanding, the National Building
25 
Official is hereby authorized to prescribe the procedures for the use of the 15%
26 
retained for the Office of the Local Building Official, Such income may be used to
27 
cover necessary operating expenses including the purchase of equipment, supplies,
28 
and materials; expenses for travel; continuing education and training programs;
29 
engaging Accredited Inspectors and Accredited Structural Peer Reviewers; obligation
30 
expenses including attorney's fees and other legal expenses, including sheriff's fees
31 
as well as hazard pay for employees and/or authorized representatives of the Office
32 
of the Local Building Official when the cause is in line with the performance of duties;
28


1 
and payment of other prior years' obligations not adequately funded, subject to
2 
existing budgetary and auditing rules and regulations.
3 
Sec. 47. Qualifications of Local Building Officials. - No person shall be appointed
4 
as a Local Building Official unless the person possesses the following qualifications:
5 
a. Filipino citizen and of good moral character;
6 
b. Duly registered and licensed architect or civil engineer;
7 
c. Member of good standing of the duly accredited professional
8 
organization of architects or of civil engineers for not less than five
9 
(5) years; and
10 
d. Has at least five (5) years of diversified and professional experience
11 
in building design and construction.
12 
Municipal engineers appointed by their mayors and who shall concurrently be
13 
designated by the National Building Official as Local Building Officials, shall comply
14 
with the qualifications prescribed for their positions as municipal engineers in the
15 
LCD.
16 
The Local Building Official for a special jurisdiction shall comply with the
17 
qualifications prescribed for the position by the specific law that is applicable to said
18 
special jurisdiction.
19 
Sec. 48. Powers, Obligations, and Functions of Local Building Officials. In
20 
addition to the other powers, obligations, and functions mentioned in this Act, the
21 
Local Building Official shall have the following general powers, obligations, and
22 
functions:
23 
A. Approve applications for, and issue, reject, suspend, or revoke permits within
24 
their territorial or special jurisdictions: for this purpose, the Local Building
25 
Official shall have the decision upon the completeness and integrity of the
26 
application documents supported by the appropriate certifications of Building
27 
Professionals and clearances from relevant government agencies, in
28 
accordance with this Act, rules and regulations, and reference standards;
29 
B. Hear and decide cases filed by parties on complaints related to the permitting
30 
process;
31 
C. Enter any building, structure, or its premises at reasonable times to inspect
32 
and determine compliance with the requirements of this Act, rules and
29


1 
regulations, and reference standards, as well as the terms and conditions of
2 
the permit/s issued: Provided, That in case of single-family dwelling, an
3 
inspection by the Local Building Official and/or Accredited Inspector must be
4 
upon the consent of the occupant or upon lawful order from the proper court;
5 
D. Engage qualified and rationally-accredited Building Professionals as inspectors
6 
and/or structural peer reviewers;
7 
E. Order the work stopped and prescribe the terms and/or conditions for the work
8 
to be allowed to resume, or issue any appropriate order, including cease and
9 
desist order and demolition order, when any construction is found to be
10 
contrary to the provisions of this Act, rules and regulations, reference
11 
standards, and the terms and conditions of the permit/s issued;
12 
F.Order the discontinuance of the use or occupancy of any building or structure,
13 
or a portion thereof, found to be used or occupied contrary to the provisions
14 
of this Act, rules and regulations, and reference standards, and/or the terms
15 
and conditions of the permit/s issued;
16 
G. Keep a permanent record and accurate account of all fees, fines, and other
17 
charges fixed and authorized by the National Building Official to be collected
18 
and received under this Act;
19 
H. Validate and submit data on a computerized national database of buildings
20 
and structures, for purposes of Section 37 and other provisions of this Act, and
21 
rules and regulations;
22 
I. Submit an annual situational report to the National Building Official; and
23 
J. Exercise such powers and perform such other functions needed to assist the
24 
National Building Official in carrying out the objectives of this Act, rules and
25 
regulations, and reference standards.
26 
Sec. 49. Responsibilities of Building Owners. - To promote accountability,
27 
Building Owners and Building Owner-Builders shall be responsible for their
28 
compliance with the provisions of this Act, rules and regulations, and reference
29 
standards. These responsibilities shall include, but not be limited to:
30 
A. Providing and/or submitting true and correct information and documents in
31 
support of their application for permits and their prerequisite certifications and
32 
clearances;
30


1 
B. Adhering to the plans and clearances;
2 
C. Complying with the terms and conditions of the permit issued, and other
3 
prerequisite certifications and clearances;
4 
D. Maintaining the building consistent with its maintenance strategy and
5 
conducting periodic inspection in accordance with this Act, rules and
6 
regulations, and reference standards;
7 
E. Engaging the services of Building Professionals and/or Building Contractors for
8 
any proposed construction, as may be required by this Act, rules and
9 
regulations, except for Simple or Class PI Structures; and
10 
F. Engaging the services of Building Professionals or Accredited Certifiers for the
11 
assessment of structural stability and fire safety construction of the building,
12 
as may be required by this Act, rules and regulations, except for Simple or
13 
Class PI Structures and Regular or Class P2 Structures.
14 
Offer to transfer ownership, or actual transfer of ownership, involving owners
15 
of subdivision projects shall be made pursuant to Presidential Decree (PD) No. 957,
16 
or the "Subdivision and Condominium Buyers'Protective Decree".
17 
Offer to transfer ownership, or actual partial or full transfer of ownership,
18 
involving owners of condominium projects shall be made pursuant to PD 957, or the
19 
"Subdivision and Condominium Buyers' Protective Decree", and to RA 4726, or the
20 
" Condominium Act", as amended.
21 
Sec. 50. Responsibilities of Building Professionals. - To promote accountability,
22 
the various Building Professionals, all of whom are registered and licensed by their
23 
respective professional boards under the Professional Regulation Commission (PRC),
24 
shall be responsible for the accuracy of their work and their corresponding
25 
certifications.
26 
A. Design professionals shall be responsible for the correctness and
27 
consistency of their design and the preparation of duly signed and sealed
28 
drawings, technical specifications, calculations, designs, and analyses. They
29 
are not precluded from conducting inspection of the construction work or
30 
building or structure to check and determine adherence to the plans and
31 
specifications of the work as submitted with the permit application:
31


1 
Provided, That in case of single-family dwelling, an inspection must be upon
2 
the consent of the occupant or upon lawful order from the proper court.
3 
B. Professionals in charge of construction shall be responsible for the
4 
correctness of construction, including correctness of materials used,
5 
procedures followed, and temporary works carried out in compliance with
6 
construction methodologies and standards for compliance with safety
7 
requirements; and for proper construction supervision at the site works.
8 
They shall undertake the full time inspection and supervision of the work,
9 
and keep at the work site at all times a logbook wherein the actual progress
10 
of work including tests conducted, weather conditions, and other pertinent
11 
data are recorded. They shall be responsible for the consistency and
12 
integrity of the documents, such as logbook and as-built plans. They shall
13 
also be responsible for the submission of the said documents, all duly signed
14 
and sealed, upon completion or stoppage of construction, to the Local
15 
Building Official.
16 
Sec. 51. Responsibilities of Building Contractors. - To promote accountability,
17 
Building Contractors shall adhere to the duly signed and sealed drawings, technical
18 
specifications, and construction procedure, as prepared and certified by the Building
19 
Professionals and relied upon by the Local Building Officials in the issuance of the
20 
permit. They shall also adhere to the additional details, issued during construction,
21 
conforming to the submitted documents. Building Contractors shall ensure the safety
22 
and health of construction workers, in addition to protection afforded to them by
23 
labor laws. As principals, they shall be solidarily responsible for the acts and omissions
24 
of their representatives, agents, subcontractors, and/or employees in relation to
25 
construction. They shall engage Building Professionals in-change of construction.
26
27 
CHAPTER IX
28 
PERMITS AND INSPECTION
29 
Sec. 52. Types of Permit - The Building Owner of any proposed construction
30 
or existing building or structure must secure the appropriate permit from the Local
31 
Building Official, prior to the start of such work or occupancy:
32


1 
A. Building Permit - a permit for the construction of existing building or structure
2 
or any addition, alteration, conversion, rehabilitation, relocation, repair or
3 
retrofit of such;
4 
B. Ancillary Permit - a permit for the construction of ancillary structures, as
5 
defined in this Act;
6 
C. Excavation Permit - a permit for construction involving the removal of soil or
7 
rock from a site to form an open face, hole, or cavity using tools, machinery,
8 
or explosives;
9 
D. Demolition Permit - a permit for demolition of a building, structure, or portion
10 
thereof, including that which will be removed in the course of an on-going
11 
construction; and
12 
E. Occupancy Permit - previousiy termed Certificate of Occupancy; a permit for
13 
the full use or occupancy of a building or structure, or a partial permit for use
14 
or occupancy of portion or portions thereof prior to the completion of the entire
15 
building or structure, or a temporary permit for temporary use or occupancy
16 
thereof, prior to the completion of the entire work covered by the permit:
17 
Provided, That such portion or portions shall be used or occupied safely and
18 
that the Local Building Official shall set a time period during which the partial
19 
permit or temporary permit shall be valid in accordance with rules and
20 
regulations.
21 
The National Building Official may prescribe in the rules and regulations such
22 
other permits as it may deem necessary in accordance with the objectives of this Act.
23 
No permit shall be required for minor constructions, repairs, or demolitions, as
24 
prescribed in the rules and regulations, insofar as these shall not violate any objective
25 
or provision of this Act.
26 
Sec. 53. Detailed Classification of Buildings for Permitting Purposes. - The
27 
National Building Offidai shall prescribe the requirements for and procedure in
28 
securing the different types of permit, as may be appropriate, based on the
29 
classification of buildings in Section 10 of this Act. The procedures to be laid out by
30 
the National Building Official shall include: (a) a simplified track of permitting process
31 
for Simple or Class PI Structures; (b) a regular track of permitting process for Regular
33


1 
or Class P2 Structures; and (c) a mandatory structural peer review of the stability for
2 
Special or Class P3 Structures.
3 
The organizational structure of each Office of the Local Building Official laid out
4 
by the National Building Official, based on rules and regulations, shall take these
5 
three (3) tracks of permitting processes in consideration.
6 
To aid the simplified track of permitting process, the National Building Official
7 
shall cause, through Simplified Reference Standards, the detailed documentation and
8 
region-wide information and education campaign on the proper siting, design, and
9 
construction of Simple or Class PI Structures including Traditional Indigenous Family
10 
Dwellings.
11 
Sec. 54. Application for Permit - Any person desiring to apply for the
12 
appropriate permit shall file a duly accomplished permit application form with the
13 
Local Building Official of the LGU, cluster thereof, or special jurisdiction where the
14 
building or structure, proposed or existing, is located.
15 
In case of expired or revoked permit, the Building Owner may apply for a
16 
renewal of permit, in accordance with the prescribed rules and regulations.
17 
The National Building Official may require the payment of corresponding fees
18 
according to a schedule provided in the rules and regulations, and shall prescribe
19 
such other standard requirements to be submitted with the duly accomplished permit
20 
application: Provided, That no application fees shall be required for Simple or Class
21 
PI Structures.
22 
Together with duly accomplished permit application form/s, the applicant shall
23 
submit: (a) documents relating to ownership of building site that support the
24 
authority to order construction work for a building or structure and to hold legal right
25 
or possession or title to a building use or occupancy, location, plans, specifications,
26 
and maintenance strategy; and (b) estimated construction cost. According to the
27 
permit being applied for and the classification of building or structure involved,
28 
whether Simple, Regular, or Special Structure, the National Building Official, through
29 
rules and regulations, shall require specific parts of building plans, specifications and
30 
related documents to be submitted as evidence of compliance with this Act, rules and
31 
regulations, and reference standards.
34


1 
The National Building Official, through rules and regulations, shall require
2 
specific parts of building plans and specifications to be prepared, signed and sealed
3 
by appropriate Building Professionals: Provided, That various building professionals
4 
may be appropriately authorized according to their respective professional regulation
5 
laws to prepare, sign, and seal certain parts, sheets, or pages of building plans,
6 
specifications, and related documents.
7 
Sec. 55. Processing of the Permit Application. - Pursuant to RA 9498, or the
8 
nAnti-Red Tape Act" as amended by RA 11032, or ''Ease of Doing Business and
9 
Efficient Government Service Delivery Act", within a reasonable time from the filing
10 
of the duly-accomplished permit application, payment of fees as applicable, and
11 
compliance with other standard requirements to be determined by the National
12 
Building Official, the Local Building Official shall give due course to the application
13 
and issue the permit applied for upon satisfaction of the completeness and integrity
14 
of the application documents supported by the appropriate certifications of Building
15 
Professionals and clearances from relevant government agencies, in accordance with
16 
this Act, rules and regulations, and reference standards.
17 
Sec. 56. Validity of Permit - A Building Owner with issued permits has the
18 
continuing obligation to comply with the provisions of this Act, rules or regulations,
19 
and reference standards throughout the lifespan of the building or structure.
20 
When submitted plans and specifications of an issued permit are subsequently
21 
found to be erroneous, the Local Building Official is authorized to oblige the applicant
22 
to effect the necessary corrections in said plans and specifications and the
23 
corresponding construction or to prevent or stop any or all building operations that
24 
are in violation of this Act, rules and regulations, and reference standards.
25 
A permit issued under the provisions of this Act shall expire and become null
26 
and void if the building or work authorized therein is not commenced within a period
27 
of one (1) year after the issuance of the permit. A partial or temporary Occupancy
28 
Permit shall be valid for the time period set by the Local Building Official in accordance
29 
with the prescribed rules and regulations. For phased or incremental construction
30 
referred to in Section 32 of this Act, the Building Owner may apply for an extension
31 
of the validity of the permit, or renewal of the permit as appropriate, in accordance
32 
with the prescribed rules and regulations.
35


1 
Sec. 57. Grounds for Non-issuance, Suspension, or Revocation of Permit - The
2 
Local Building Official may order or cause the non-issuance, suspension, or revocation
3 
of permits on any or all of the following reasons or grounds:
4 
A. Non-compliance with the provisions of this Act, rules and regulations, and
5 
reference standards;
6 
B. Substantial errors found in the plans and specifications;
7 
C. Use of substandard building material or substandard workmanship and refusal
8 
to rectify upon notice;
9 
D. Without any work being done in the site for more than one hundred twenty
10 
(120) days for excavation left open or building construction abandoned; and
11 
E. Fraudulent misrepresentation of data or information supplied in the application
12 
permit.
13 
Notice of non-issuance, suspension, or revocation of permit shall always be
14 
made in writing, stating the reasons or grounds therefore. Said action by the Local
15 
Building Official shall be proportionate to the reasons or grounds committed by the
16 
applicant, in accordance with this Act, and rules and regulations.
17 
Sec. 58. Compiaint - Based on the grounds enumerated in Section 57 of this
18 
Act, any person aggrieved by the proposed, ongoing, or existing construction, use,
19 
or occupancy, may file before the Local Building Official of the LGU, cluster thereof,
20 
or special jurisdiction where the concerned construction is located for the non-
21 
issuance, suspension, or revocation of the corresponding permit applied for by, or
22 
granted to, the Building Owner. The aggrieved party shall be notified of the action
23 
taken by the Local Building Official in case the permit is granted or furnished with a
24 
copy of the decision, order, or notice of non-issuance, suspension, or revocation of a
25 
permit of the Local Building Official.
26 
Sec. 59. Appeai to the RegionaiBuiiding Appeais Board(RBAB). - Within fifteen
27 
(15) days from the date of receipt of notice of the non-issuance, suspension, or
28 
revocation of the permit or of the action taken by the Local Building Official, the
29 
aggrieved party may file an appeal with the RBAB based on the following grounds:
30 
a. Arbitrariness of the Local Building Official in the performance of
31 
regulatory functions; or
32 
b. Lack of factual or legal basis.
36


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
The RBAB shall render a decision within fifteen (15) days from the date of 
receipt of appeal. The RBAB's decision shall be in writing, stating specifically the 
reason/s or ground/s therefore. In case it finds the appeal to be meritorious, the 
RBAB shall direct the Local Building Official to issue the appropriate permit or order.
The decision of the RBAB shall become final and executory fifteen (15) days 
after receipt of a copy thereof by the party adversely affected unless, within that 
period, an appeal to the National Building Official has been perfected.
Sec. 60. Appeal to the National Building Official. - Within fifteen (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 Office of the National Building Official shall render a decision within thirty 
(30) days from perfection of the appeal. The Office of the National Building Official's 
decisions shall be in writing, stating specifically the reason/s or ground/s therefore. 
In case the ONBO finds the appeal to be meritorious, the Office of 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 motuproprio, 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 specific rules and regulations for inspection of Group 
R, Residential buildings and structures, 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.
37


1 
CHAPTER X
2 
INCENTIVES AND PENALTIES
3 
Sec. 62. Incentives. - The National Building Official, in coordination with
4 
relevant agencies, shall develop and administer incentive schemes, which can be
5 
administrative, financial, or otherwise, to promote voluntary compliance of existing
6 
buildings and structures with the provisions of this Act, rules and regulations, and
7 
reference standards, as well as to encourage all owners of buildings and structures,
8 
either existing or proposed, to promote the use of environmentally sound or
9 
sustainable materials, methods, practices, and technologies.
10 
The National Building Official, in coordination with other relevant agencies, may
11 
also develop and promulgate incentive schemes for owners of both public and private
12 
buildings to secure insurance coverage for the residual risk after complying with
13 
mandatory requirements of applicable laws.
14 
The National Building Official may recommend funding support for LGUs and
15 
communities that have endorsed disaster risk reduction and management activities
16 
for buildings and structures, especially those falling within the classification of Simple
17 
or Class PI Structures, in their jurisdictions.
18 
Sec. 63. Prohibited Acts and Omissions. - The following are prohibited acts and
19 
omissions:
20 
A. By the Building Owner and/or representative:
21 
1. Misrepresentation or submission of false statements or documents;
22 
2. Use of unauthorized documents and/or certifications of Building
23 
Professional/s;
24 
3. Undertaking any construction without the required permit/s;
25 
4. Noncompliance with or violation of the terms and conditions of the permit,
26 
including prerequisite clearances by other government agencies;
27 
5. Not maintaining the building in accordance with the submitted
28 
maintenance strategy;
29 
6. Engaging non-licensed building professionals in the design, review,
30 
construction, or certification of building;
31 
7. Engaging non-licensed building contractors in the construction of building;
32 
and
38


1 
8. Analogous acts, omissions, and violations of this Act, rules and regulations,
2 
and reference standards.
3 
B. By the Building Professionals:
4 
1. Misrepresentation or false statements;
5 
2. Certifying documents that they did not prepare, or certifying acts that they
6 
did not perform;
7 
3. Submission of incorrect or inconsistent drawings, technical specifications,
8 
calculations, designs, and analyses;
9 
4. Non-compliance with construction methodologies and standards in case of
10 
a professional in charge of construction;
11 
5. Violation of safety standards prescribed by law or regulations in case of a
12 
professional in charge of construction;
13 
6. Non-submission of duly signed and sealed documents, or submission of
14 
inconsistent or deceitful documents, such as logbook and as-built plans in
15 
case of a professional in charge of construction; and
16 
7. Analogous acts, omissions, and violations of this Act, rules and regulations,
17 
and reference standards.
18 
C. By the Building Contractor:
19 
1. Deviation from the plans and specifications certified by the Building
20 
Professionals and submitted to the Local Building Official, in a way that
21 
increases the risk to life, health, property, or public welfare;
22 
2. Violation of safety standards prescribed by law or rules and regulations;
23 
3. Not engaging a Building Professional in charge of construction; and
24 
4. Analogous acts, omissions, and violations of this Act, rules and regulations,
25 
and reference standards.
26 
D. By the Accredited Certifier:
27 
1. Misrepresentation or false statements in order to be accredited by the
28 
Office of the National Building Official;
29 
2. Certifying buildings and structures that do not meet the requirements of
30 
this Act, rules and regulations, and reference standards, and other
31 
applicable laws;
39


1 
3. Refusing or failing to certify buildings and structures that meet the
2 
requirements of this Act, rules and regulations, and reference standards;
3 
and
4 
4. Analogous acts, omissions, and violations of this Act, rules and regulations,
5 
and reference standards.
6 
E. By the Accredited Structural Peer Reviewer:
7 
1. Misrepresentation or false statements in order to be accredited by the
8 
Office of the National Building Official;
9 
2. Providing false information to the Building Owner and/or Building
10 
Professional regarding the 
review;
11 
3. False certification on the compliance of structural design with this Act, rules
12 
and regulations, and reference standards; and
13 
4. Analogous acts, omissions, and violations of this Act, rules and regulations,
14 
and reference standards.
15 
F.By the Accredited Testing Laboratory:
16 
1. Misrepresentation or false statements in order to be accredited by the
17 
Office of the National Building Official;
18 
2. Misrepresentation or false statements in the tests and/or test results of
19 
building materials;
20 
3. Tampering with the equipment and instruments;
21 
4. Conducting test methods non-conforming to reference standards; and
22 
5. Analogous acts, omissions, and violations of this Act, rules and regulations,
23 
and reference standards.
24 
G. By the Accredited Inspector:
25 
1. Misrepresentation or false statements in order to be accredited by the
26 
Office of the National Building Official;
27 
2. Providing false information to the Local Building Official regarding the
28 
inspection;
29 
3. False certification on the inspection, in consideration of any offer, promise,
30 
gift, or present received; and
31 
4. Analogous acts, omissions, and violations of this Act, rules and regulations,
32 
and reference standards.
40


1 
H. By the Local Building Official
2 
1. Arbitrariness in the performance of powers, obligations, and functions;
3 
2. Unjustifiable delay or gross negligence in the performance of powers,
4 
obligations and functions;
5 
3. Wilful engagement of non-accredited inspector;
6 
4. Wilful non-compliance with the orders of the National Building Official,
7 
Office of the National Building Official, and/or Regional Building Appeals
8 
Board; and
9 
5. Analogous acts, omissions, and violations of this Act, rules and regulations,
10 
and reference standards.
11 
Sec. 64. Fines and Penalties. - Any prohibited act or omission falling under
12 
Paragraphs A - H in Section 63 of this Act shall be subject to the administrative fines
13 
and penalties to be imposed by the National Building Official, acting through the Local
14 
Building Official. Such fines shall not be lower than 0.01% nor higher than 1.0% of
15 
the construction cost, per violation, in accordance with the gravity of the offense and
16 
the category of violator as provided in Section 63: Provided, That the Local Building
17 
Official may not issue, may suspend, or may revoke any permit issued to the violator,
18 
as may be appropriate, and/or may order the suspension or cessation of any
19 
construction until such time that compliance with this Act, rules and regulations, and
20 
reference standards are undertaken: Provided furthec, That in case the Building
21 
Owner is also the Building Professional and/or Building Contractor found to commit
22 
any of the prohibited acts and omissions, the Local Building Official shall also endorse
23 
such violation to the Professional Regulation Commission (PRC) and the Construction
24 
Industry Authority of the Philippines (CIAP), respectively, for corresponding
25 
administrative sanctions: Provided finally, That should there be more than one
26 
violator for a single prohibited act or omission, their liability shall be solidary.
27 
These administrative sanctions imposed by the National Building Official,
28 
through the Local Building Official, are without prejudice to the right of any affected
29 
person to file the appropriate administrative, civil, or criminal action in the proper
30 
forum.
31 
For purposes falling under paragraph H in Section 63 of this act, the National
32 
Building Official, upon recommendation of the RBAB and after notice and hearing.
41


1 
may suspend or revoke the appointment or designation of the Locai Building Official
2 
as such, without prejudice to the administrative, civil, or criminal liability of said
3 
official, in accordance with existing laws.
4 
Sec. 65. Criminal Liabilities of Building Owners, Building Professionals, Building
5 
Contractors, Accredited Certifiers, Accredited Structural Peer Reviewers, Accredited
6 
Testing Laboratories, and Accredited Inspectors. In case of gross violation of this Act
7 
and/or rules and regulations, the National Building Official and/or Local Building
8 
Official may recommend to the appropriate government agencies the filing of criminal
9 
charges against the violators. Gross violations shall mean any of the following:
10 
a. Unauthorized change in type of construction from more fire resistive to
11 
less fire-resistive;
12 
b. Non-compliance with order to abate or demolish;
13 
c. Non-compliance with cease and desist order for construction;
14 
d. Not having any work being done in the site for more than one hundred
15 
twenty (120) days and without justifiable cause, for excavations left
16 
open or building construction abandoned; and
17 
e. Blatant disregard of the order of the Local Building Official in relation to
18 
the protection of life, health, property, and public welfare, such as the
19 
non-payment of fines and breaking of seals or operating despite the
20 
existence of an order for suspension or revocation.
21 
In which case, the offender shall be punished, per violation, by a fine not lower
22 
than 0.01% nor higher than 1.0% of the construction cost, or by imprisonment of
23 
not less than six (6) months nor more than six (6) years, or both, at the discretion of
24 
the court, without prejudice to the civil liability of the offender in accordance with
25 
existing laws. Where the violation is attended by injury, loss of life and/or loss of
26 
property, the offender shall be proceeded against under the applicable provisions of
27 
the Revised Penal Code, and other special laws. If the offender is a juridical entity,
28 
the officers, directors, agents, or employees who wilfully and knowingly vote for,
29 
assent to, or be primarily responsible for the commission of the foregoing violation/s
30 
shall be held liable.
31 
Sec. 66. Criminal Liability of Local Building Officials and Staff. - Any Local
32 
Building Official and/or staff who shall conspire to commit any of the enumerated
42


1 
gross violations with any offender as provided in Section 65 of this Act shall be
2 
punished, per violation, by a fine not lower than 0.01% nor higher than 1.0% of the
3 
construction cost involved, or by imprisonment of not less than six (6) months nor
4 
more than six (6) years, or both, at the discretion of the court, without prejudice to
5 
the civil liability of the offender in accordance with existing laws.
6
7 
CHAPTER XI
8 
FINAL PROVISIONS
9 
Sec. 67. Appropriations. - The amount needed for the initial implementation of
10 
this Act shall be taken from the current fiscal budget of the Department: Provided,
11 
however, That such amount as may be necessary to carry out Section 38 of this Act
12 
is hereby appropriated out of the unappropriated funds of the National Treasury in
13 
the amount of Three Hundred Sixty Five Million pesos (Php 365,000,000). Thereafter,
14 
Congress shall provide for the appropriations of the Department the annual amount
15 
needed for the implementation of this Act to be included in the General Appropriations
16 
Act.
17 
Sec. 68. Transitory Provisions. - There shall be a systematic transition of
18 
implementation of building regulations and standards from PD 1096 to this Act.
19 
To initiate and facilitate the transition, the Secretary, as the National Building
20 
Official, is mandated to immediately establish the Office of the National Building
21 
Official, within three (3) months from the effectivity of this Act.
22 
City and Municipal Engineers already acting as Local Building Officials in their
23 
respective jurisdictions, and Local Building Officials already appointed or designated
24 
by the Secretary and performing as such, shall continue to act in such capacity, until
25 
new appointments and designations shall be made for Local Building Officials.
26 
Engagement of Accredited Certifiers, Accredited Inspectors, Accredited
27 
Structural Peer Reviewers, and Accredited Testing Laboratories, as provided for in
28 
this Act, shall take effect following the implementation by the ONBO of the system of
29 
accreditation, as formulated by the BRSC and promulgated by the National Building
30 
Official. The initial list of accredited persons shall be published by the ONBO within
31 
one (1) year from the promulgation of the system of accreditation.
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1 
Consistent with Section 40 and Section 41 of this Act, existing referrai codes,
2 
renamed as reference standards by this Act, shall remain valid until after the National
3 
Building Official promulgates new, revised, or amended reference standards after the
4 
review and recommendation of the BRSC: Provided, That absent reference standards
5 
that are locally or nationally adopted by the competent government agency for a
6 
particular subject, the latest standards by the International Organization for
7 
Standardization (ISO), may be used as default standards.
8 
Sec. 69. Implementing Rules and Regulations (IRR). - The National Building
9 
Official, upon the recommendation of the Building Regulations and Standards Council
10 
and in consultation with relevant stakeholders, shall promulgate the IRR of this Act,
11 
including a system of accreditation of qualified Building Professionals as Accredited
12 
Certifiers, Accredited Structural Peer Reviewers, and/or Accredited Inspectors, and
13 
qualified establishments or institutions as Accredited Testing Laboratories, within one
14 
(1) year from the effectivity of this Act. For this purpose, the Secretary, as the
15 
National Building Official, is mandated to immediately constitute the Building
16 
Regulations and Standards Council within three (3) months from the effectivity of this
17 
Act.
18 
The non-promulgation of the rules and regulations provided under this section
19 
shall not prevent the immediate implementation of this Act upon effectivity.
20 
The IRR of this Act shall be reviewed every five (5) years, or more frequently
21 
as needed.
22 
The National Building Official shall ensure that all buildings owned by the
23 
National Government and all LGUs, as well as departments, regulatory agencies,
24 
instrumentalities, government-owned-and-controlled corporations, and implementing
25 
units of the same, shall implement an integrated or whole building, approach to the
26 
siting, planning, design, materials, construction, use, occupancy, maintenance,
27 
addition, alteration, conversion, rehabilitation, relocation, repair, retrofit, and
28 
demolition, so they are sustainable, energy efficient, secure and safe, cost-effective,
29 
accessible, functional, productive, and aesthetic.
30 
The National Building Official shall ensure that this Act is implemented in
31 
manners that are clear to all stakeholders, through measures that include, but are
32 
not limited to, the following;
44


1 
1. Every rule or regulation for the administration and enforcement of the
2 
provisions of this Act, including any standard that may be referenced by
3 
such, shall clearly indicate the section or sub-section of this Act to which it
4 
corresponds;
5 
2. Subject to Section 5 of this Act, every approved local ordinance with the
6 
effect of modifying a national rule, regulation, or standard, towards better
7 
safeguarding of life, health, property, and public welfare, shall clearly
8 
indicate the national rule, regulation, or standard which it improves;
9 
3. All forms, tables, charts, illustrations, drawings and other annexes included
10 
with rules, regulations, standards and ordinances shall be systematically,
11 
uniquely, and clearly labelled, and duly referenced within the text of the
12 
associated rules, regulation, standard, or ordinance.
13 
Sec. 70. Non-Retroactivity Clause. - This Act shall have no retroactive effect
14 
insofar as all buildings and structures constructed under PD No. 1096, or the nNational
15 
Building Code of the Philippines", as amended, or existing city or municipal building
16 
ordinances, if legally done in accordance therewith, shall be respected subject to such
17 
limitations in this Act and except as otherwise stated in Section 38 of this Act.
18 
However, additions, alterations, conversions, rehabilitations, relocations,
19 
repairs, retrofits, and demolitions to be made in such buildings and structures, shall
20 
be subject to the provisions of this Act.
21 
Sec. 71. Oversight Committee. - This Act shall undergo a review of its provisions
22 
every five (5) years, or as necessary, to make the law more responsive to the needs
23 
of the times. For this purpose, an oversight committee shall be created, which shall
24 
be composed of four (4) members each from the Senate and House of
25 
Representatives to be designated by the Senate President and Speaker of the House,
26 
respectively.
27 
The Chairpersons of the Committee on Public Works and Highways of the Senate
28 
and the Committee on Public Works in the House of Representatives shall be Co-
29 
chairpersons of the Oversight Committee.
30 
Sec. 72. Separability Clause. - If any provision, or part hereof, is held invalid
31 
or unconstitutional, the remainder of the law or the provision not otherwise affected
32 
shall remain in full force and effect.
45


1 
Sec. 73. Repealing Clause. - Presidential Decree No. 1096, or the "National
2 
Building Code of the Philippines" as amended, is hereby repealed and replaced with
3 
this Act, Section 477 of RA 7160, or the "Local Government Code of 1991", as
4 
amended, is modified accordingly. Other existing laws, presidential decrees 
or
5 
issuances, executive orders, letter of instructions, administrative order, rule 
or
6 
regulation contrary to, or inconsistent with, the provisions of this Act, are hereby
7 
repealed, modified or amended accordingly.
8 
Sec. 74. Effectivity Clause. - This Act shall take effect fifteen (15) days after
9 
its complete publication in the Official Gazette or at least two (2) newspapers of 
10 general circulation in the Philippines.
Approved,
46