EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
SENATE 
S. No. 1804
BATE
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
ESTABLISHING THE PHILIPPINE BUILDING ACT OF 2020, THEREBY 
REPEALING PRESIDENTIAL DECREE NO. 1096
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 principies of environmentai 
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 controiling their location, siting, design, quality of 
materials, construction, use, occupancy, and maintenance, inciuding 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 
curricuium, as a major subject, the Nationai Building Code and to also include the 
Code as a topic in their respective licensure examinations. Hopefully, this effort will


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ensure that before the enumerated professionals practice their licenses, they are really 
equipped of the needed knowledge and proficiency that the industry really require.
In view of these, consideration of this bill is earnestly sought.
RAMON^ONG REVILLA, 3R.


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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
SENATE 
S. No. 1804
DATE
TtME
IMINrX
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING THE PHILIPPINE BUILDING ACT OF 2020, THEREBY 
REPEALING PRESIDENTIAL DECREE NO. 1096
Be it enacted by the Senate and House of Representatives of the Congress assembied:
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CHAPTER 1
GENERAL PROVISIONS
Section 1. Short Title. - This Act shail be known as the “Philippine Building Act 
of 2020.”
Sec. 2. Declaration of Principles and Policies. - The State shall safeguard life, 
health, property, and public weifare, 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.


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Sec. 3. Objectives of the Act The objectives of this Act are as foilows:
A. To provide for the effective reguiation of planning, design, construction, 
occupancy, and maintenance of buildings and structures, the establishment 
of a permitting process based on their classifications, and the setting of 
reference standards to:
a. Safeguard life and protect people from injury;
b. Ensure the health and well-being of the people who use them, without 
impinging on the safety of the general public or endangering the 
environment;
c. Protect property from physical damage; and
d. Reduce and manage hazards, exposures, and vulnerabilities, thereby 
minimizing disaster risk;
B. To promote the accountability of relevant stakeholders , in ensuring 
enforcement of and compliance with this Act, rules and regulations, and 
reference standards; and
C. To establish sustainability standards for government-owned buildings, 
mitigating any negative environmental, economic and social impacts.
Sec. 4. Scope and Application. This Act shall cover all private and public 
buildings and structures, and their location, siting, planning, design, materials, 
construction, use, occupancy, maintenance, addition, alteration, conversion 
rehabilitation, relocation, repair, retrofit, and demolition.
Sec. 5. Interpretation. Nothing in this Act shall be interpreted to prevent local 
government units, pursuant to local autonomy, from enacting local ordinances relating 
to buildings or structures and their location, siting, and planning that will better 
safeguard life, health, property, and public welfare, consistent with the objectives of 
this Act.
Such local ordinances by local government units of contiguous jurisdictions shall 
be harmonized for purposes of buildings that may straddle territories of local 
government units.


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Before such local ordinance shall take effect, concurrence by the National 
Building Official shall be required through the review process specified in the 
promulgated rules and regulations.
Every such local ordinance shali be published in manners that are clear to all 
stakeholders, through measures that include but are not limited to those provided in 
Section 69 of this Act.
Sec. 6. Definition of Terms. As used in this Act:
A. Accredited Certifier refers to a person possessing experience and other 
qualifications of a Building Professional, and accredited by the Office of the 
National Building Official to issue certificates to confirm that a buiiding 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, ruies 
and regulations, and reference standards;
C. Accredited Structural Peer Reviewer refers to a person possessing
experience and other quaiifications 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;, 
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D. Accredited Testing Laboratory refers to an estabiishment 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 buiiding 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;


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F. Alteration refers to any construction in an existing building or structure 
involving changes in the materials used, partitioning, location or size of 
openings, structural parts, existing utilities, and/or equipment but does not 
increase the building height nor floor area;
G. Ancillary Structure refers to a structure intended to provide support to main 
buildings or structures, which may include: bank and records vaults; 
swimming pools; firewalls separate from the building or structure; towers; 
silos; smokestacks; chimneys; commercial or industrial fixed ovens; industrial 
kilns or furnaces; water or waste treatment tanks; septic vaults; concrete and 
steel tanks; booths, kiosks, and stages; tombs, mausoleums, and niches; and 
similar structures;
H. Build Back Better refers to planning, based on the evolving or evolved 
disaster risks and ahead of disasters, to 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 Owner refers 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 b developed, over which the Building
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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;
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 sub-group 
that has different requirements under this Act;
P. Demoiition refers to the systematic dismantling, destruction, or removal of a 
building or structure, in whole or in part;
Q. Department means the Department of Public Works and Highways (DPWH);
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 Technoiogy 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 analyticar studies to comply with Chapter V and 
Chapter VI of this Act, rules and regulations, and reference standards;
W. Locationai Clearance refers to the document issued by the planning and 
development officer of the local government unit certifying that the proposed 
construction has the appropriate traffic impact assessment (TIA), is located
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in an appropriate zone, and does not vioiate the Comprehensive Land Use 
Pian (CLUP), any zoning ordinance or regulation of the concerned local 
government unit, nor other applicable laws, ordinances or regulations, which 
document is submitted to the Locai Building Officiai in support of an 
application for a permit;
X. Permit refers to any of the permits that may be issued by the Locai Buiiding 
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 
preservice 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;


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GG. Structure refers to that which is buiit or constructed, an edifice, or 
building of any kind, or any piece of work artificially built up or composed of 
parts joined together in some definite manner, but shall not include streets, 
highways, bridges and viaducts, railroads, canals, river and shore 
improvements, dry docks, dams, irrigation, flood protection, tunnels, 
transmission towers and lines, and structures regulated by other national 
laws or competent national agencies;
HH. 
Traditional Indigenous Family Dwelling refers to a residential building or
structure intended for the use and occupancy by the family of the owner only 
and constructed with native or local materials such as nipa, cogon, bamboo, 
log, lumber, or stone, the estimated total cost of which does not exceed the 
limit prescribed by the National Building Official through rules and 
regulations;
ii. Vulnerability refers to the characteristics and circumstances of a community, 
system or asset that make it susceptible to the damaging effects of a hazard; 
vulnerability may arise from various physical, social, economic, and 
environmental factors such as poor design and construction of buildings, 
inadequate protection of assets, lack of public information and awareness, 
limited recognition of risks and preparedness measures, and disregard for 
sound environmental management; and
JJ. Zoning refers to the division of a city or municipality into zones or sub-zones 
and overlay zones according to present and potential uses of land to 
maximize, regulate, and direct their use and development in accordance with 
the Comprehensive Land Use Plan (CLUP).
Additional definitions shall be Included with the implementing rules and regulations 
and with the reference standards; provided, that these shall be non-redundant to, 
non-contradictory with, and only supplementary to, the definitions as used in this Act.
CHAPTER II
CLASSIFICATION OF BUILDINGS
Sec. 7. Classification System. A system of classification of buildings and 
structures in the Philippines as to; (a) type of construction according to fire resistance
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rating; (b) use of occupancy; and (c) required track of permitting process, is hereby 
adopted.
Sec. 8. Buildings Classified by Type of Construction According to Fire 
Resistance Rating. The building or structure shall be classified according to fire 
resistivity and fire resistance rating consistent with Republic Act No. 9514, or the Fire 
Code of the Philippines, and its Implementing Rules and Regulations, in consideration 
of the combination of features of fire safety constructions including but not limited to 
interior finishes, walls, barriers, doors, windows, vents, means of egress, and 
treatment of building components with flame retardant chemicals.
Sec. 9. Buildings Classified According to Use or Occupancy. The building or 
structure shall be identified based on the use or occupancy and shall be classified as 
follows;
Group A. Assembly occupancies shall include all buildings and structures, or 
portions thereof used for gathering together of fifty (50) or more persons for any 
purpose, including but not limited to deliberation, worship, entertainment, eating, 
drinking, amusement, awaiting transportation, and instruction;
Group B. Business occupancies are those used for the transaction of business 
other than those covered under Group M. Mercantile, including the keeping of 
accounts and records and similar purposes for office, professional, or service-type 
transactions;
Group D. Disaster response occupancies are those permanent centers for 
refuge and emergency evacuation or for emergency operation;
Group E. Educational occupancies shall include buildings, or portions thereof, 
used for the gathering of group of six (6) or more persons for purposes of instruction;
Group F. Factory and Industrial occupancies are those used for operations 
including, but not limited to, product processing, fabricating, manufacturing.
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assembling and disassembling, mixing, packaging, finishing or decorating, repairing, 
and material recovery;
Group G, Agricultural and Biological occupancies are those used for the 
production, harvesting, processing, storage, manufacture, preserving, transporting, 
and distribution of agricultural and biological products or materials including, but not 
limited to, silos and its components, agricultural and biosystems machinery and 
equipment sheds, farm houses, green/screen houses, poultry houses, piggery 
houses, slaughterhouses, agricultural and biological products storage/warehouses, 
buildings and structures for poultry, livestock, fishery and forestry production and 
processing, kiln drying and lumber treatment structure, and structures for farm 
equipment, farm supplies, and agricultural waste utilization and management;
Group I. Institutional occupancies are those used to house one or more 
persons under varied degrees of restraint or security where such occupants are 
mostly incapable of self-preservation because of security measures not under the 
occupants’ control (sub-group ID), or government buildings and quarters rendering 
civic or public assistance and peace and order (Sub-group IG), or those in which care 
or supervision is provided to persons who are mostly incapable of self-reservation 
without physical assistance because of age, or physical or mental disability (Sub­
group IH);
Group M. Mercantile occupancies are those used for the display and sale of 
merchandise, and involves stocks of goods, wares, and merchandise incidental to 
such purposes and accessible to the public;
Group R. Residential occupancies are those in which sleeping 
accommodations are provided for normal residential or dwelling purposes and include 
all buildings designed to provide sleeping accommodations, for example the 
socialized (Sub-group RS) and economic (Sub-group RE) housing covered by Batas 
Pambansa Big. 220;


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Group S. Storage occupancies include all buildings or structures utilized 
primarily for the storage or sheltering of goods, merchandise, products, vehicles, or 
animals;
Group U. Utilities and Miscellaneous occupancies are those with an ancillary 
character such as, but not limited to those enumerated in Section 6. Subsection G 
Ancillary Structure, or those which cannot be properly classified in any of the other 
occupancy groups in this Section, such as, but not limited to billboards and 
commercial signboards; and
Group Z. High-Hazard occupancies mean those with storage and handling of 
flammable, highly combustible, or other materials that would constitute a physical or 
health hazard, in quantities in excess of those allowed by regulations.
The National Building Official may determine, through rules and regulations, 
sub-groups within Group A to Z.. any other use or occupancy hot mentioned 
specifically under this Section, or about which there is any question, shall, upon 
approval by the National Building Official, be included In the group which it most 
nearly resembles based on the associated hazard or risk to life, health, property and 
public welfare.
In addition to permanent centers for refuge and evacuation as in Group D, any 
building, structure, or portion thereof may be designated as a temporary evacuation 
center provided it complies with the specific rules and regulations promulgated by the 
National Building Official.
When a building or structure is of mixed occupancy or used for more than one 
occupancy, the whole building or structure shall be subject to the most restrictive 
requirement pertaining to any of the occupancy groups found therein, except as 
otherwise provided in applicable rules and regulations.
For each group or sub-group of use or occupancy, the National Building Official 
shall promulgate specific rules and regulations and reference standards in 
accordance with this Act.
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Sec. 10. Buildings Classified According to Required Track of Permitting 
Process. Buildings and structures shail be classified based on the required track of 
permitting process as foiiows:
A. Simple Structures or Class P1 Structures are buildings or structures 
belonging to sub-group/s under Group R, Residential, either traditional 
indigenous family dwellings regardless of number of floors, or individually 
constructed dwellings for up to three (3) families, with maximum total gross 
floor area limit for each case as prescribed by the National Building Official 
through rules and regulations, but shall exclude such structures under anu 
government-approved mass housing project developed by the 
government, non-government organization, or private developer. These 
Simple or Class P1 Structures shall comply with Simplified Reference 
Standards as prescribed by the National Building Official under a simplified 
track of permitting process.
B. Regular Structures or Class P2 Structures are buildings or structures that 
do not fall under either one of the classifications of Simple Structures and 
Special Structures. Regular Structures shall require the regular track of 
permitting process.
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. Buildings and other structures exceeding 75 meters in height or 
a higher height threshold 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;
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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 method in design and/or design analysis as classified 
in structural reference standards.
Accordingly, the permitting process for these Special or Glass 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-class9 in this Section), the peer review shall be 
conducted by an Accredited Structural Peer Reviewer duly qualified for such 
specific sub-classes, respectively.
Provided, that prior certification for innovative construction technology 
according to Section 29 of this Act shall be deemed to satisfy the requirement 
of structural peer review. Provided further, that the Office of the National 
Building Official shall establish and/or accredit competent government 
agencies in charge of certification of innovative construction technologies as 
provided for in Section 29.
The act of reviewing does not pass on the responsibility and the liability of the 
Building Professional for design to the Accredited Structural Peer Reviewer on 
the structural integrity of the building, without prejudice to administrative 
charges under appiicable professional regulations. Provided, that should the
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Building Owner opt, under applicable laws and professional regulations, to 
lawfully disengage the previously engaged Building Professional for design an 
Accredited Structural Peer Reviewer who has been previously engaged as 
peer reviewer according to this Section, a new independent Accredited Peer 
Reviewer shall be required.
Sec. 11. Buildings and Structures. For purposes of this Act, structures shall 
include buildings, ancillary structures, and other structures as defined in this Act.
Sec. 12. Requirements for Each Type of Construction According to Fire 
Resistance Rating, No change shall be made in the use or occupancy and/or type of 
construction according to fire resistivity and fire resistance rating of any building or 
structure which would place the building or structure in a different occupancy group 
or different type of construction, unless such building or structure is made to comply 
with the requirements for the new occupancy group or type of construction; provided, 
that the change may be approved by the Local Building Official upon determination 
that the new use or occupancy and/or type of construction poses less risk to life, 
health, property, and public welfare, according to rules and regulations promulgated 
by the National Building Official.
CHAPTER III
LOCATION, SITING, AND ZONING REQUIREMENTS
Sec. 14. General Requirements for Location, Siting, and Zoning. The site upon 
which will be constructed any building or structure shall be sanitary, hygienic, and 
accessible, and shall not pose high hazard for the intended use or occupancy, as 
determined by competent and appropriate authorities and certified applicable laws 
and regulations. It shall not obstruct existing easement or right-of-way of the national 
government and all local government units, as well as departments, regulatory 
agencies, instrumentalities, government owned and controlled corporations, and 
implementing 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, 
including its location, siting, and use, shall take into account the environment and its 
conservation and protection. It shall not gravely affect the heritage and environmental 
significance of the site; and shall not harm nor aggravate the state of the 
neighbourhood, environment, and natural resources surrounding it. No construction, 
its location, siting and use shall be allowed without complying with the applicable 
heritage, environmental, and natural resources laws and regulations as determined 
by competent and appropriate authorities and certified through a locational clearance 
and other clearance/s or certificate/s as prescribed by applicable laws and' 
regulations.
Sec. 16. Protection of the Public. Any proposed construction shall not cause 
harm to the general public nor infringe on public spaces.
Sec. 17. Requirements in Hazard Zones and Special Sites. The Building 
Owner and Building Professional shall ensure that the proposed construction, its 
location, siting, and use, will not increase the vulnerabilities of the people who will 
occupy the building and their neighbpurhood on account of the hazard zone or special 
site. Within hazard zones as established in the Comprehensive Land Use Plan 
(CLUP) and/or hazard maps published by the national government, risk mitigation 
and adaptation requirements and/or measures shall be incorporated in the rules and 
regulations and reference standards as promulgated by the National Building Official.
Sec. 18. Resilience. Buildings and structures damaged structurally by a 
disaster or crisis shall adhere to principles of building back better in post-disaster or 
post-crisis recovery and reconstruction.
The National Building Official shall cause to integrate disaster risk reduction 
and management measures in the rules and regulations and reference standards for 
planning, design, and reconstruction of buildings and structures.
The National Building Official shall promulgate specific rules and regulations 
and reference standards for temporary post-disaster or post crisis structures.
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CHAPTER IV
DESIGN REQUIREMENTS ,
Sec. 19. General Requirements for Design. The design of all buildings and 
structures shall comply with the requirements prescribed by this Act, rules and 
regulations, and reference standards; provided, that there shall be specific levels of 
standards and technical requirements for socialized housing (residential occupancy 
Sub-group RS) and economic housing (residential occupancy Seb-group RE) 
structures as provided by Batas Pambansa Big. 220.
Provided further, that Group G. Agricultural and Biological occupancies shall 
consider biosystems design requirements for the protection of persons, animals, 
crops and the environment.
Buildings and structures on or in special sites shall consider special design 
requirements and risk mitigation measures called for by the specific site conditions.
Sec. 20. Stability. Ail buildings and structures shall be designed to be 
structurally stable against anticipated combinations of loads and effects so as to 
safeguard people and property from physical harm or damage.
Subject to the provision of Article 684 to .686 of Republic Act No. 386, or Civil Code 
of the Philippines, on lateral and subjacent support, the design and quality of 
materials used structurally in excavation, footings, and in foundations shall conform 
to prescribed reference standards and accepted engineering practice.
Sec. 21. Protection from Fire. All buildings and structures shall be designed to 
safeguard persons and properties from any harm or damage caused by fire in 
accordance with Republic Act No. 9514, or the Fire Code of the Philippines, and its 
implementing Rules and Regulations.
All fire safety constructions as defined by the Fire Code of the Philippines shall be 
designed in accordance with specific rules and regulations and reference standards 
under this Act.
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Sec. 22. Protection from Moisture and Surface Water. AW buildings shaii be 
designed to provide adequate resistance to penetration by, and the accumulation of, 
excessive moisture and surface water.
Sec. 23. Protection from Other Hazards. Ali buildings and structures shall be 
designed to safeguard persons and properties from other site-specific multiple 
hazards.
Sec. 24. Safety of Users or Occupants. All buildings and structures shall be 
designed to safeguard its users or occupants from harm, injury or loss.
Sec. 25. Ingress, Circulation, and Egress. Safe access into, circulation within, 
and egress from the buildings, including emergency exits, shall be provided for 
persons and vehicles.
Sec. 26. Energy and Energy Efficiency. The design of buildings and structures 
shall include, wherein required, practices and technologies that optimize energy 
efficiency.
The National Building Official shall promulgate specific rules and regulations 
on energy efficiency that are applicable to buildings and structures exceeding a 
threshold total gross floor area, depending on the classification of use of occupancy.
Sec. 27. Services and Facilities. All building services and facilities, their 
equipment and installations, shall be designed to be adequate, safe, and efficient to 
promote the well-being of the users or occupants and the general public. 
Constructability and ease of maintenance of the services and facilities shall be highly 
considered in the design.
As required by the occupancy group, buildings and structures shall be 
designed to provides services and facilities including but not limited to the following: 
light and ventilation; water supply; drainage; waste water disposal; solid waste
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management; pest and vermin control; power and fuel supply; communication 
facilities; conveyance and parking facilities; and fire lane and fire hydrants.
Provided, that the carriageways, sidewalks, and all parts of road right-of-way for 
public roads adjoining a building site shall not be used to meet the requirements of 
parking facilities for the building as required by this Act, rules and regulations, and 
reference standards. Provided further, that queuing areas, driveways, ramps, 
entrances to, and exits from parking facilities for a building shall not encroach on the 
road right-of-way nor obstruct the movement of pedestrians and vehicles on the public 
roads adjoining the building.
Provided finally, that telecommunication facilities such as, but not limited to, in­
building solutions and fiber-optic cabling for high-capacity and high-speed 
requirements shall be mandatory in buildings owned by the national government and 
all local government units, as well as departments, regulatory agencies, 
instrumentalities, and implementing units of the same.
CHAPTER V
CONSTRUCTION REQUIREMENTS
Sec. 28. General Requirements for Construction. The construction of all 
buildings and structures shall comply with the requirements prescribed by this Act,
23 
rule and regulations, and reference standards.
24
Use of materials, pieces of equipment, plants, and tools, and selection of 
personnel shall conform to reference standards on materials, methods, and practices, 
in order to ensure quality of material and quality of workmanship. Builders shall 
promote quality of construction as one of the essential links to the reduction of the 
vulnerability of the building or structure to hazards.
Sec. 29. innovative Construction Technologies. All innovative construction 
technologies used in building construction shall comply with any special tests or 
requirements as prescribed by the National Building Official pursuant to the policies
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and objectives of this Act. These technoiogies shail be instaiied by quaiified personnei 
and supervised by technicaily competent professionais.
The proponent of such innovative construction technology may apply for a 
certification by the competent national agency according to the rules and regulations 
prescribed by the National Building Official. Buildings and other structures using an 
innovative construction technology with prior certification shall be deemed to satisfy 
the requirement of structural peer review.
Provided, that innovative technologies appropriate for socialized and economic 
housing, which are low-cost housing as covered by Batas Pambansa Big. 220, shall 
be subject for accreditation by the Accreditation of Innovative Technologies for 
Housing (AITECH) Committee or its successor agency.
Provided further, that the Office of the National Building Official shall establish and 
accredit another competent national agency to be in charge of accreditation of 
innovative technologies, including so-called smart and/or green technologies, that are 
for applications other than socialized or economic housing.
Provided finally, that nothing in this Act shall be interpreted to prevent the National 
Building Official from 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.
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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 AW buildings shall 
be constructed with proper management of construction and demolition waste.
CHAPTER VI 
BUILDING MATERIALS
Sec. 34. General Requirements for Matenals. All building materials and 
components shall comply with the requirements prescribed by this Act, ruies and 
reguiations, 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 soii.
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 resistivity, 
moisture resistance, durability, and sustainability, according to rules and regulations 
and reference standards promulgated by the National Building Official.
CHAPTER VII
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS
Sec. 36. General Requirements for Occupancy, Maintenance, and Abatement 
All Building Owners shall use and maintain the building in accordance with the 
requirements prescribed by this Act, rules and regulations, and reference standards. 
The use and maintenance of the building must be safe for the health of users,
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occupants, and the general public, and shall not cause any substantive negative 
impact to the environment such as, but not limited to, air, water, and soil.
Sec. 37. Maintenance, Inspection and Assessment of Buildings and reporting 
to the OA/BO, All buildings shall undergo regular maintenance and inspection in 
accordance with each building’s maintenance strategy. There shall be rules and 
regulations to guide the preparation, approval, and implementation of appropriate 
maintenance strategies for buildings and structures, promulgated by the National 
Building Official. The Building Owner shall perform periodic maintenance and 
inspection; the Local Building Officials and/or Accredited Inspectors shall conduct 
inspection as appropriate according to rules and regulations. The Office of the 
National Building Official shall establish a system of monitoring, reporting, and 
evaluating maintenance and inspection activities.
The Office of the National Building Official shall assist Buiiding Owners of 
structures falling within the classification Simple or Class P1 Structures and Regular 
or Class P2 Structures in conducting a simplified or regular inspection of their 
buildings.
For buildings and structures with occupancies falling under Group A, Group D, 
Group E, or Group Z, there shall be periodic inspections by Locai Building Officials 
and/or Accredited Inspectors subject to specific rules and regulations promulgated by 
the National Building Official.
The Office of the National Building Official shall coordinate with relevant 
government agencies that regulate business operations in buildings and structures; 
structural stability clearance from the Office of the Local Building Official shall be a 
prerequisite for the issuance or renewal of business permit or permits to operate, for 
new occupancy or occupancy after 15 years from the date of completion of the 
building or structure.
Mandatory inspection and assessment by an Accredited Certfier as to 
structural stability and fire safety construction shall be commissioned by the Building
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Owner at the 15th year from the date of completion of the building and every 15 years 
thereafter in the case of Special or Class P3 Structures.
In cases of addition, alteration, conversion, rehabilitation, relocation, repair, 
and/or retrofit requiring more recent structural stability assessment and 
corresponding certification and clearance, the date of reckoning of 15 year for 
purposes of this Section shall be counted from the completion date of the latest 
building permit that involved the most recent structural stability clearance under this 
Act.
The National Building Official shall promulgate rules and regulations and 
reference standards for mandatory inspection and assessment of buildings as to 
structural stability and fire safety construction, specific to the various building 
classifications; provided, that Accredited Certifiers need not be engaged for Simple 
or Class PI Structures and Regular or Class P2 Structures.
The National Building Official shall promulgate specific rules and regulations 
for mandatory inspection and assessment of all buildings as to structural stability and 
fire safety construction after regional catastrophic events such as, but not limited to, 
widely destructive earthquakes and typhoons. The determination of an event that is 
catastrophic as to warrant mandatory assessment of all buildings in a geographic 
area shall be made by the National Building Official in consultation and coordination 
with other government agencies.
The Office of the National Building Official through the Offices of Local Building 
Official shall maintain a computerized national database of permits and other periodic 
data about all buildings and structures, including but not limited to reports on 
maintenance, inspection, and/or assessment. ,
Sec. 38. Special Provision for Buildings Completed More than 15 years Prior 
to the Effectivity of this Act. To ensure the safety of the people and to reduce risks. 
Special or Class P3 Structures and buildings and structures with occupancies falling 
under Group A and Group E, that were completed in 2005 or earlier, are mandated 
to have an assessment of the design based on the requirements in Chapter IV of this
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Act as specified in ruies and reguiations, as to structural stability and fire safety 
construction, and the Building Owners are to submit the certifications or findings of 
appropriate Building Professionals, serving as Accredited Certifiers, to the concerned 
Local Building Officials regarding the state of such buildings and structures and their 
safety and/or need for retrofit.
Within three (3) months from the effectivity of this Act, the Department through 
the Office of the National Building Official, in consultation with relevant agencies and 
stakeholders, shalj implement a phased approach to prioritize compliance of Building 
Owners of both public and private buildings in hazard zones, such as but not limited 
to those near earthquake fault lines or in coastal zones affected by sea level rise, or 
in hazard zones or areas otherwise identified in hazard maps, or those used for 
assemblies in large numbers and/or by vulnerable users or occupants.
The National Building Official, in coordination with other concerned agencies, 
shall develop and administer incentive schemes, such as those allowed by the 
disaster risk reduction and management funds, to support immediate voluntary retrofit 
by the Building Owners requiring modifications for the safety of the users or 
occupants and/or the general public.
Sec. 39. Abatement of Dangerous and Ruinous Buildings. When ay building 
or structure is found or declared to be dangerous or ruinous, the Local Building Official 
shall order Its repair, vacation, or demolition depending upon the degree of danger to 
life, health, property, and public welfare. This is without prejudice to further action that 
may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of 
the Philippines and other existing laws.
For purposes of this Section, dangerous or ruinous buildings or structures 
determined by the Local Building Official to be structurally unstable; or not provided 
with safe egress; or which constitute a fire hazard; or are otherwise dangerous to 
human life; or which in relation to existing use, constitute a hazard to life, safety, 
health, or public welfare because of inadequate maintenance, dilapidation, 
obsolescence, or abandonment; or which otherwise contribute to the pollution of the 
site or the community to an intoierabie degree.
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Abatement and/or rehabilitation of buildings and structures covered under 
Republic Act No. 10066, or the National Cultural Heritage Act of 2009, shall be 
coordinated with the National Commission for Culture and the Arts (NCCA) prior to 
any action of abatement.
CHAPTER VIII 
ADMINISTRATION
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 primarily charged
13 
with the administration and enforcement of the provisions of this Act, rules and
14 
regulations, and reference standards.
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16 
The Secretary shall ensure harmonization of rules and regulations and reference
17 
standards between government-funded and non-government funded buildings and
18 
structures, consistent with the objectives of this Act.
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As the National Building Official, the Secretary shall have the following general
21 
powers, obligations, and functions:
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A. Issue and promulgate rules and regulations to implement the provisions of this 
Act, upon recommendation of the Building Regulations and Standards Council, 
and ensure compliance with policies, plans, standards, and guidelines 
formulated. The Building Regulations and Standards Council shall be formed 
in accordance with the provisions of this Act;
B. Approve and/or take final action on changes and/or amendments to reference 
standards based on recommendations of the Building Regulations and 
Standards Council. For this purpose, existing referral codes shall hereinafter 
be renamed and referred to accordingly as “reference standards”:
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C. Appoint Local Building Officials, in manner as provided for by this Act, and
2 
exercise supervision and control over them as the National Building Official;
3 
D. Designate Local Building Officials, in manner as provided for by this Act, and
4 
exercise supervision and control over them as the National Building Official;
5 
E. Create the Office of the Local Building Official in case of clustered
6 
municipalities, as set forth in this Act, and exercise administrative as well as
7 
technical supervision and control;
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F. Appoint the Regional Building Appeals Boards, as provided for by this Act, and
9 
exercise administrative supervision over them;
10 
G. Prescribe and fix the schedule of fees, appeal bonds, and other charges that
11 
the National Building Official and Local Building Officials shall collect in the.
12 
exercise of their regulatory functions;
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H. Inspect at reasonable times any building or structure, covered by this Act, rules
14 
and regulations, and reference standards; provided, that in case of a single-
15 
family dwelling, an inspection must be upon the consent of the occupant or
16 
upon lawful order from the proper court;
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I. Issue appropriate orders, including cease and desist order and demolition
18 
order, against any person or entity to prevent injury to the public and compel
19 
compliance with the provisions of this Act, rules and regulations, and reference
20 
standards;
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J. Impose fines, penalties, and other administrative sanctions for failure or refusal
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to comply with, or violation of any provision of this Act, rules and regulations,
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and reference standards, or any order, instruction, or ruling;
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K. Enlist the aid and support of, and/or deputize any and all enforcement
25 r 
agencies of the government in the implementation of his powers and functions
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under this Act, rules and regulations, and reference standards; and
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L. Exercise such other powers and perform such functions as may be needed to
28 
carry out the objectives if this Act, rules and regulations, and reference
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standards.
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Sec. 41. Building Regulations and Standards Council (BRSC). A Building
32 
Regulations and Standards Council is hereby created to assist the National Building
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Official in reviewing and recommending rules and regulations and reference
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standards to accomplish the objectives of this Act.
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A. Members. The Building Regulations and Standards Council shall be
composed of the following:
1. Undersecretary for Technical Services of the Department as Chair;
2. 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 
environrnental 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 adnriinistrators;
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
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Official for a term of three (30 years; provided, that each said member, during 
his/her 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.
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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.
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Representative-at-large, enumerated above as 13, shall serve ex-officio if an 
official and representative of government agencies, or shall serve for a term of 
three (3) years without immediate reappointment within one9!) year if coming 
from the private, academic, or on-government sectors.
In the absence or temporary incapacity of the Undersecretary for Technicai 
Services of the Department, the Undersecretary of DHSUD shall act as the 
Chair of the Council.
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In the absence or temporary incapacity of the Undersecretary for Technicai 
Services of the Department and the Undersecretary of DHSUD the Officer-in- 
Charge (QIC) Undersecretary for Technical Services of the Department shali 
act as the Chair of the Councii.
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A simple majority of the members of the Council shall constitute a quorum. The
2 
presence of either the Chair or Vice-Chair of the BRSC is indispensable in
3 
counting ng quorum.
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B. Duties and Responsibilities. The Building Regulations and Standards
5 
Council shall have the following duties and responsibilities:
6 
1. Review existing rules and regulations and existing referral codes,
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renamed as reference standards under this Act, and/or formulate new
8 
ones in line with the provisions of this Act and rules and regulations;
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2. Formulate and recommend policies and strategies, for design and
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construction, with reference to global standards, and taking into account
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local conditions:
12 
3. Formulate a system of accreditation of qualified Building Professionals
13 
as Accredited Certifiers, Accredited Structural Peer Reviewers, and/or
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Accredited Inspectors, and qualified establishments or institutions 
as
15 
Accredited Testing Laboratories:
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4. Collect relevant information, conduct research, and support studies on all
17 
matters relating to design and construction, such as, but not limited to,
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the performance and results achieved of the standards in mainstreaming
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disaster risk reduction and management in building, planning, design,
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construction, occupancy, and maintenance;
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5. Submit recommendations, including rules and regulations and reference
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standards, to the National Building Official for approval;
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6. Submit an annual report to the National Building Official; and
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7. Perform such other functions that the Nationai Building Official may
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authorize or assign as may be necessary in carrying out the objectives of
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this Act.
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C. Technical Working Groups (TWGs) To support the BRSC in the performance
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of its duties and responsibilities, the National Building Official shall constitute
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Technical Working Groups (TWGs) composed of relevant stakeholders.
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D. Secretariat. The BRSC shall have its Secretariat personnel separate from
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the Office of the National Building Official, to assist in the operation of the
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Council and TWGs.
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E. Procedures. The National Building Official, in consultation with relevant 
stakeholders, shall prescribe, based on rules and regulations, the 
procedures of the Building Regulations and Standards Council, ensuring the 
periodic review of reference standards every five (5) years and the 
participation of the relevant stakeholders including, but not limited to, 
building officials, building developers, building owners, building managers or 
administrators, building professionals and professional organizations, 
building contractors, and higher education institutions, in setting 
performance standards for design and construction.
The National Building Official shall issue every five (5) years, or more 
frequently as needed, updated reference standards.
F. The BRSC budget shall be included in the annual budget of the Department.
13
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Sec. 42. Office of the National Building Official (ONBO). The Office of the
15 
National Building Official, within the Department, is hereby created to provides
16 
sufficient technical, legal, administrative, and support personnel to the National
17 
Building Official in the exercise of his powers and the performance of his duties.
18
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The Office of the National Building Official shall provide assistance to the
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National Building Official in the institutional strengthening of Offices of Local Building 
21, Official, capacity building of Local Building Officials, data management, monitoring
22 
and evaluation, and establishing and maintaining linkages with concerned
23 
institutions. A mandatory continuing education and training program shall be pursued
24 
for the Local Building Official and their staff, as well as the staff of the Office of the
25 
National Building Official.
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The Office ofthe National Building Official shall coordinate the Regional Building
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Appeals Boards.
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The Office of the National Building Official shall formulate plans, programs and
2 
projects on building planning, design, construction, occupancy, and maintenance
3 
pursuant to this Act in consideration of global best practices and the exposure of the
4 
country to multiple hazards. It shall plan and Implement a computerized national
5 
database of buildings and structures, for purposes of Section 37 and other provisions
6 
of this Act and rules and regulations. It shall also be in-charge of the implementation
7 
of a system of accreditation of qualified Building Professionals as Accredited
8 
Certifiers, Accredited Structural Peer Reviewers, and/or Accredited Inspectors, and
9 
qualified establishments or institutions as Accredited Testing Laboratories.
10
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Sec. 43. Regional Building Appeals Boards (RBABS). A Regional Building
12 
Appeals Board with appropriate personnel is thereby created in Regional Offices of
13 
the Department and placed under the administrative supervision of the National
14 
Building Official: provided, that an RBAB may be created by the National Building
15 
Official to serve a group of adjacent regions. The RBAB shall be chaired by a member
16 
of the Philippine Bar, and assisted by two technical personnel of the Department
17 
sitting as the other members of the Board and by support staff, all of whom are
18 
appointed by the National Building Official. It shall have exclusive appellate
19 
jurisdiction to review decisions of the Local Building Officials, or resolve appeals
20 
and/or complaints after the same shall have been acted upon, or not given due
21 
course, by the respective Local Building Officials within their region. In case of appeal
22 
for reconsideration by an aggrieved party on the same matter, the decision of the
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RBAB shall be subject to review by the National Building Official pursuant to Section
24 
60 of this Act.
IS ­
IS 
Sec. 44. Offices of the Local Building Official (OLBOs) and Local Building
27 
Officials (LBOs). Cities and first-class municipalities shall create and operate a
28 
separate Office of the Local Building Official headed by a Local Building Official, who
29 
shall be appointed by and accountable to the National Building Official. The Local
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Building Official shall be appointed by the National Building Official from a list of at
31 
least three (3) qualified recommendees of the mayor, subject to civil service law and
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V
1 
rules and regulations. The Local Building Official shall be responsible for carrying out
2 
the provisions of this Act, rules and regulations, and reference standards within the
3 
territorial jurisdictions. Notwithstanding the foregoing, the National Building Official
4 
shall have complete supervision and control over the Local Building Official.
6 
Depending upon their needs and in order to improve their frontline services, second
7 
to sixth-class municipalities may create and operate a separate Office of the Local
8 
Building Official to serve the clustered municipalities, which office shall be under the
9 
National Building Official. This cluster Office shall be located at a municipality within
10 
the cluster as determined by the National Building Official. Each cluster of
11 
municipalities may recommend to the Nationai Buiiding Official the appointment of
12 
one Local Building Official for such cluster from a list of at least three (3) qualified
13 
recommendees of the mayors of the cluster, subject to civil service aw and rules and
14 
regulations.
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Absent a request to and/or approval by the National Building Official for either a
17 
separate or a cluster Office of the Local Building Official, the municipal engineers of
18 
the second to sixth-class municipalities shall be designated by the National Building
19 
Official to act, in concurrent capacity, as the Local Building Officials in their respective
20 
territorial jurisdictions. For purposes of this Chapter and this Section, the Office of the
21 
Municipal Engineer in such second to sixth-class municipalities shall be referred to
22 
also as Office of the Local Building Official.
23
24 
The concerned local government unit shall provide the funding for and operate the
25 
separate Office of the Local Building Official; the Office of the National Building
26 
Official shall fund and operate cluster Offices of the Local Building Official. The
27 
sharing and use of fees and fines among the offices shall be in conformity with Section
28 
46 of this Act.
29
30


1
2
3
4
5
6
7
8
Sec. 45. Special Jurisdictions. There shall be Local Building Officiais for special 
jurisdictions such as the Armed Forces of the Phiiippines (AFP), the Phiiippine 
Economic Zone Authority (PEZA), the Department of Agriculture (DA), and other 
government agencies, as explicitiy provided for by the appiicabie laws, who shall 
regulate the design and construction of buildings or structures under their jurisdiction 
and/or their registered locators and enterprises. These Local Building Officiais in 
speciai jurisdictions shaii likewise be designated by and accountable to the National 
Building Official.
10 
Said Local Building Officiais shaii be designated by the National Buiiding Official from
11 
a list of at ieast three (3) quaiified recommendees of the head of their agency, subject
12 
to civii service iaw and ruies and regulations.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Sec. 46. Sharing and Use of Fees and Fines. Out of the totai coliection derived 
from fees, permit fees, fines, and other charges, the Office of the Local Building 
Official shall retain 15% thereof and deposit in a speciai discount created by the 
National Building Official. The remaining 80% shall accrue to the general fund of the 
local government unit or the agency with speciai jurisdiction, which created and 
operated the Office.
However, in the case of the cluster Office of the Local Building Official, It shall retain 
15/° thereof and deposit in a special account created by the Local Treasurer, to 
answer for its maintenance and other operating expenses, cause to remit 65% to the 
National Buiiding Official, and cause to divide the remaining 20% between or among 
the clustered municipalities in proportion to the total fees and fines originating from 
each municipality, and to accrue to their respective general funds.
31


4
1 
The share of income to be remitted to the National Buiiding Official shall be used to
2 
cover honoraria for the BRSC Secretariat, BRSC TWGs, RBABs, and other operating
3 
expenses of the BRSC, ONBO, RBABs, and duster OLBOs.
5 
Any provision of law to the contrary notwithstanding, the National Building Official is
6 
hereby authorized to prescribe the procedures for the use of the 15% retained for the
7 
Office of the Local Building Official. Such income may be used to cover necessary
8 
operating expenses including the purchase of equipment, supplies, and materials;
9 
expenses for travel; continuing education and training programs; engaging
10 
Accredited Inspectors and Accredited Structural Peer Reviewers; obligation
11 
expenses including attorney’s fees and other legal expenses, including sheriff’s fees
12 
as well as hazard pay for employees and/or authorized representatives of the Office
13 
of the Local Building Official when the cause is inn line with the performance of duties;
14 
and payment of other prior years’ obligations not adequately funded, subject to
15 
existing budgetary and auditing rules and regulations.
16
17 
Sec. 47. Qualifications of Local Building Officials. No person shall be appointed
18 
as a Local Building Official unless the person possesses the following qualifications:
19
20 
21 
22.
23
24
25
a. Filipino citizen and of good moral character;
b. Duly registered and licensed architect or civil engineer;
c. Member of good standing of the duly accredited professional 
organization of architects or of civil engineers for not less than five 
(5) years; and
d. Has at least five (5) years of diversified and professional experience 
in building design and construction.
26 
Municipal engineers appointed by their mayors and who shall concurrently be
27 
designated by the National Building Official as Local Building Officials, shall comply
28 
with the qualifications prescribed for their positions as municipal engineers in the
29 
Local Government Code.
32


1 
The Local Building Official for a special jurisdiction shall comply with the qualifications
2 
prescribed for the position by the specific law that is applicable to said special
3 
Jurisdiction.
5 
Sec. 48. Powers, Obligations, and Functions of Local Building Officials. In
6 
addition to the other powers, obligations, and functions mentioned in this Act, the
7 
Local Building Official, shall have the following general powers, obligations, and
8 
functions:
9 
A. Approve applications for, and issue, reject, suspend, or revoke permits within
10 
their territorial or special jurisdictions: for this purpose, the Local Building
11 
Official shall have the decision upon the completeness and integrity of the
12 
application documents upon the completeness and integrity of the application
13 
documents supported by the appropriate certifications of Building
14 
Professionals and clearances from relevant government agencies, in
15 
accordance with this Act, rules and regulations, and reference standards;
16 
B. Hear and decide cases filed by parties on complaints related to the permitting
17 
process;
18 
C. Enter any building, structure, or its premises at reasonable times to inspect
19 
and determine compliance with the requirements of this Act, rules and
20 
regulations, and reference standards, as well as the terms and conditions of
21 
. 
the permit/s issued; provided, that in case of single-family dwelling, an
22 
inspection by the Local Building Official and/or Accredited Inspector must be
23 
upon the consent of the occupant or upon lawful order from the proper court;
24 
D. Engage qualified and rationally-accredited Building Professionals as
25 
inspectors and/or structural peer reviewers;
26 
E. Order the work stopped and prescribe the terms and/or conditions for the work
27 
to be allowed to resume, or issue any appropriate order, including cease and
28 
desist order and demolition order, when any construction is found to be
29 
contrary to the provisions of this Act, rules and regulations, reference
30 
standards, and the terms and conditions of the permit/s Issued;
31 
F. Order the discontinuance of the use or occupancy of any building or structure,
32 
or a portion thereof, found to be used or occupied contrary to the provisions of
• 
33


1 
this Act, rules and regulations, and reference standards, and/or the terms and
2 
conditions of the permit/s issued;
3 
G. Keep a permanent record and accurate account of all fess, fines, and other
4 
charges fixed and authorized by the National Building Official to be collected
5 
and received under this Act;
6 
H; Validate and submit data on a computerized nationai database of buildings
7 
and structures, for purposes of Section 37 and other provisions of this Act and
8 
rules and reguiations;
9 
I. Submit an annual situational report to the National Building Official; and
10 
J, Exercise such powers and perform such other functions needed to assist the
11 
National Building Official in carrying out the objectives of this Act, rules and
12 
regulations, and reference standards,
13
14 
Sec. 49. Responsibilities of Building Owners. To promote accountability,
15 
Building Owners and Building Owner-Builders shall be responsible for their
16 
compliance with the provisions of this Act, rules and regulations, and reference
17 
standards. These responsibilities shall include but not be limited to:
18 
A. Providing and/or submitting true and correct information and documents in
19 
support of their appiication for permits and their prerequisite certifications and
20 
clearances;
21 
B. Adhering to the plans and clearances;
22 
C. Complying with the terms and conditions of the permit issued, and other
23 
prerequisite certifications and clearances;
24 
D. Maintaining the building consistent with its maintenance strategy and
25 
conducting periodic inspection in accordance with this Act, rules and
26 
regulations, and reference standards;
27 
E. Engaging the services of Building Professionais and/or Building Contractors
28 
for any proposed construction, as may be required by this Act, rules and
29 
regulations, except for Simple or Class PI Structures; and
30 
F. Engaging the services of Building Professionals or Accredited Certifiers for the
31 
assessment of structural stability and fire safety construction of the building.
34


1
2
as may be required by this Act, ruies and regulations, except for Simpie or 
Class P1 Structures and Regular or Class P2 Structures.
4 
Offer to transfer ownership, or actual transfer of ownership, involving owners
5 
of subdivision projects shall be made pursuant to Presidential Decree No. 957, or the
6 
Subdivision and Condominium Buyers’ Protective Decree.
7 
Offer to transfer ownership, or actual partial or full transfer of ownership,
8 
involving owners of condominium projects shall be made pursuant to Presidential
9 
Decree No. 957, or the Subdivision and Condominium Buyers’ Protective Decree,
10 
and to Republic Act No. 4726, or the Condominium Act, as amended.
11 
Sec. 50. Responsibilities of Building Professionals. To promote accountability,
12 
the various Building Professionals, all of whom are registered and licensed by their
13 
respective professional boards under the Professional Regulation Commission
14 
(PRC), shall be responsible for the' accuracy of their work and their corresponding
15 
certifications.
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
A. Design professionals shall be responsible for the correctness and 
consistency of their design and the preparation of duly signed and sealed 
drawings, technical specifications, calculations, designs, and analyses. 
They are not precluded from conducting inspection of the construction work 
or building or structure to check and determine adherence to the plans and 
specifications of the work as submitted with the permit application; provided, 
that in case of single-family dwelling, an inspection must be upon the 
consent of the occupant or upon lawful order from the proper court.
B. Professionals in charge of construction shall be responsible for the 
correctness of construction, including correctness of materials used, 
procedures followed, and temporary works carried out in compliance with 
construction methodologies and standards for compliance with safety 
requirements; and for proper construction supervision at the site works. 
They shall undertake the full time inspection and supervision of the work, 
and keep at the work site at all times a logbook wherein the actual progress 
of work including tests conducted, weather conditions, and other pertinent
35


1
2
3
4
5
data are recorded. They shall be responsible for the consistency and 
integrity of the documents such as logbook and as-built plans. They shall 
also be responsible for the submission of the said documents, all duly 
signed and sealed, upon completion or stoppage of construction, to the 
Local Building Official.
7 
Sec. 51. Responsibilities of Building Contractors. To promote accountability,
8 
Building Contractors shall adhere to the duly signed and sealed drawings, technical
9 
specifications, and construction procedure, as prepared and certified by the Building
10 
Professionals and relied upon by the Local Building Officials in the issuance of the
11 
permit. They shall also adhere to the additional details, issued during construction,
12 
conforming to the submitted documents. Building Contractors shall ensure the safety
13 
and health of construction workers, in addition to protection afforded to them by labor
14 
laws. As principals, they shall be solidarily responsible for the acts and omissions of
15 
their representatives, agents, subcontractors, and/or employees in relation to
16 
construction. They shall engage Building Professionals in-change of construction.
17
18
CHAPTER IX
19
PERMITS AND INSPECTION
20 
Sec. 52. Types of Permit The Building Owner of any proposed construction or
21 
existing building or structure must secure the appropriate permit from the Local
22 
Building Official, prior to the start of such work or occupancy:
23 
A. Building Permit - a permit for the construction or existing building or structure
24 
or any addition, alteration, conversion, rehabilitation, relocation, repair or
25 
retrofit of such;
26 
B. Ancillary Permit - a permit, for the construction of ancillary structures as
27 
defined in this Act;
36


1 
C. Excavation Permit - a permit for construction involving the removal of soil or
2 
. rock from a site to form an open face, hole, or cavity using tools, machinery,
3 
or explosives;
4 
D. Demolition Permit - a permit for demolition of a building, structure, or portion
5 
thereof including that which will be removed in the course of an on-going
6 
construction; and
7 
E. Occupancy Permit - previously termed Certificate of Occupancy; a permit for
8 
the full use or occupancy of a building or structure, or a partial permit for use
9 
or occupancy of portion or portions thereof prior to the completion of the entire
10 
building or structure, or a temporary permit for temporary use or occupancy
11 
thereof prior to the completion of the entire work covered by the permit;
12 
provided, that such portion or portions shall be used or occupied safely and
13 
that the Local Building Official shall set a time period during which the partial
14 
permit or temporary permit shall be valid in accordance with rules and
15 
regulations.
16 
The National Building Official nay prescribe in the rules and regulations such other
17 
permits as it may deem necessary in accordance with objectives of this Act. ■
.18 
No permit shall be required for minor constructions, repairs, or demolitions, as
19 
prescribed in the rules and regulations, insofar as these shall not violate any objective
20 
or provision of this Act.
21
22 
Sec. 53. Detailed Classification of Buildings for Permitting Purposes. The
23 
National Building Official shall prescribe the requirements for and procedure in
24 
securing the different types of permit, as may be appropriate, based on the
25 
classification of buildings in Section 10 of this Act. The procedures to be laid out by
26 
the National Building Official shall include: (a) a simplified track of permitting process
27 
for Simple or Class PI Structures; (b) a regular track of permitting process for Regular
28 
or Class P2 Structures; and (c) a mandatory structural peer review of the stability for
29 
Special or Class P3 Structures.
37


1 
The organizational structure of each Office of the Local Building Official laid out
2 
by the National Building Official, based on rules and regulations, shall take these
3 
three (3) tracks of permitting processes in consideration.
4 
To aid the simplified track of permitting process, the National Building Official
5 
shall cause, through Simplified Reference Standards, the detailed documentation and
6 
region-wide information and education campaign on the proper siting, design, and
7 
construction of Simple or Class PI Structures including Traditional Indigenous Family
8 
Dwellings.
TO 
Sec. 54. Application for Permit Any person desiring to apply for the appropriate
11 
permit shall file a duly accomplished permit application form with the Local Building
12 
Official of the local government .unit, cluster thereof, or special jurisdiction where the
'
13 
building or structure, proposed or existing, is located.
14 
In case of expired or revoked permit, the Building Owner may apply for a
15 
renewal of permit in accordance with the prescribed rules and regulations.
16 
The National Building Official may require the payment of corresponding fees
17 
according to a schedule provided in the rules and regulations and shall prescribe such
18 
other standard requirements to be submitted with the duly accomplished permit
19 
application; provided, that o application fees shall be required for Simple or Class P1
20 
Structures.
21 
Together with duly accomplished permit application form/s, the applicant shall
22 
submit; (a) documents relating to ownership of building site that support the authority
23 
to order construction work for a building or structure and to hold legal right or
24 
, possession or title to a building use or occupancy, location, plans, specifications, and
25 
maintenance strategy; and (d) estimated construction cost. According to the permit
26 
being applied for and the classification of building or structure involved, whether
27 
Simple, Regular, or Special Structure, the National Building Official, through rules and
28 
regulations, shall require specific parts of building plans, specifications and reiated
29 
documents to be submitted as evidence of compliance with this Act, rules and
30 
regulations, and reference standards.
38


1 
The National Building Official, through rules and regulations, shall requires
2 
specific parts of buiiding 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.
8 
Sec. 55. Processing of the Permit Appiication. Pursuant to Republic Act No.
9 
9498, or the Anti-Red Tape Act, as amended by Republic Act No. 11032, or Ease of
10 
Doing Business and Efficient Government Service Delivery Act, within a reasonable
11 
time from the filing of the duly-accomplished permit application, payment of fees as
12 
applicable, and compliance with other standard requirements to be determined by the
13 
National Building Official, the Local Building Official shall give due course to the
14 
application and issue the permit applied for upon satisfaction of the completeness
15 
and integrity of the application documents supported by the appropriate certifications
16 
of Building Professionals and clearances from relevant government agencies, in
17 
accordance with this Act, rules and. regulations, and reference standards.
18
19 
Sec. 56. Vaiidity of Permit. A Building Owner with issued permits has the
20 
continuing obligation to comply with the provisions of this Act, rules or regulations,
21 
and reference standards throughout the lifespan of the building or structure.
22
23 
When submitted plans and specifications of an issued permit are subsequently
24 
found to be erroneous, the Local Building Official is authorized to oblige the applicant
25 
to effect the necessary corrections in said plans and specifications and the
26 
corresponding construction or to prevent or stop any or all building operations that
27 
are in violation of this Act, rules and regulations, and reference standards.
28
39


1 
A permit issued under the provisions of this Act shall expire and become null
2 
and void if the building or work authorized therein is not commenced within a period
3 
of one (1) year after the issuance of the permit. A partial or temporary Occupancy
4 
Permit shall be valid for the time period set by the Local Building Official in accordance
5 
with the prescribed rules and regulations. For phased or incremental construction
6 
referred to in Section 32 of this Act, the Building Owner may apply for an extension
7 
of the validity of the permit, or renewal of the permit as appropriate, in accordance
8 
with the prescribed rules and regulations.
10 
Sec. 57. Grounds for Non-Issuance, Suspension, or Revocation of Permit. The
11 
Local Building Official may order or cause the non-issuance, suspension, or
12 
revocation of permits on any or all of the following reasons or grounds:
13 
A. Non-compliance with the provisions of this Act, rules and regulations, and
14 
reference standards;
15 
B. Substantial errors found in the plans and specifications;
16 
C. Use of sub-standard building material or sub-standard workmanship and
17 
refusal to rectify upon notice;
18 
D. Without any work being done in the site for more than one hundred twenty
19 
(120) days for excavation left open or building construction abandoned; and
20 
E. Fraudulent misrepresentation of data or information supplied in the application
21 
permit.
22 
Notice of non-issuance, suspension, or revocation of permit shall always be made in
23 
writing, stating the reasons or grounds therefor. Said action by the Local Building
24 
Official shall be proportionate to the reasons or grounds committed by the applicant,
25 
in accordance with this Act and rules and regulations..
26
27 
Sec. 58. Complaint. Based on the grounds enumerated in Section 57 of this Act,
28 
any person aggrieved by the proposed, ongoing, or existing construction, use, or
29 
occupancy may file before the Local Building Official of the local government unit,
30 
cluster thereof, or special jurisdiction where the concerned construction is located for
40,


1 
the non-issuance, suspension, or revocation of the corresponding permit applied for
2 
by, or granted to, the Building Owner. The aggrieved party shall be notified of the
3 
action taken by the Local Building Official in case the permit is granted or furnished
4 
with a copy of the decision, order, or notice of non-issuance, suspension, or
5 
revocation of a permit of the Local Building Official..
7 
Sec. 59. Appeal to the Regional Building Appeals Board. Within fifteen (15) days
8 
from the date of receipt of notice of the non-issuance, suspension, or revocation of
9 
the permit or of the action taken by the Local Building Official, the aggrieved party
10 
may file an appeal with the Regional Building Appeals Board based on the following
11 
grounds:
12 
A. Arbitrariness of the Local Building Official in the performance of regulatory
13 
functions: or
14 
B. Lack of factual or legal basis.
15 
The Regional Building Appeals Board shall render a decision within fifteen (15) days
16 
from date of receipt of appeal. The Regional Building Appeals Board’s decision shall
17 
be in writing, stating specifically the reason/s or ground/s therefor. In case it finds the
18 
appeal to be meritorious, the Regional Building Appeals Board shall direct the Local
19 
Building Official to issue the appropriate permit or order.
20 
The decision of the Regional Building Appeals Board shall become final and
21 
executory fifteen (15) days after receipt of a copy thereof by the party adversely
22 
affected unless, within that period, an appeal to the National Building Official has been
23 
perfected.
24
25 
Sec. 60. Appeal to the National Building Official. Within fifteen (15) days from
26 
the date of receipt of notice of the decision of the RBAB, the aggrieved party may file
27 
an appeal to the National Building Official; an appeal shall be deemed perfected upon 
28. filing of the notice of appeal and posting of the corresponding appeal bond.
29
41


»» ♦ 
^ «•
1 
The Office of the National Building Official shall render a decision within thirty
2 
(30) days from perfection of the appeal. The Office of the National Building Official’s
3 
decisions shall be in writing, stating specifically the reason/s or ground/s therefor. In
4 
case the ONBO finds the appeal to be meritorious, the Office of the National Building
5 
Official shall direct the Local Building Official to issue the appropriate permit or order.
7 
Sec. 61. Inspection and Supervision of Work and Building or Structure. Subject
8 
to the primary responsibility of Building Owners, Building Professionals, and Building
9 
Contractors to inspect and/or supervise construction and as set forth in this Act, the
10 
Local Building Official may, upon motion of any aggrieved party or motu propio, visit
11 
and inspect at reasonable times the ongoing constructions or existing buildings and
12 
structures to ensure compliance with the terms and conditions of the permits and the
13 
provisions of this Act, rules and regulations, and reference standards. The National
14 
Building Official shall promulgate specific rules and regulations for inspection of
15 
Group R. Residential buildings and structures, to be carried our by the Local Building
16 
Official and/or Accredited Inspector.
17 
The Local Building Official shall conduct periodic inspections of existing
18 
buildings and structures in accordance with Chapter VII of this Act, rules and
19 
regulations, and reference standards.
20
21 
CHAPTER X
22 
INCENTIVES AND PENALTIES
23 
Sec. 62. Incentives. The National Building Official, in coordination with relevant
24 
agencies, shall develop and administer incentive schemes, which can be
25 
administrative, financial, or otherwise, to promote voluntary compliance of existing
26 
buildings and structures with the provisions of this Act, rules and regulations, and
27 
reference standards, as well as to encourage all owners of buildings and structures,
28 
either existing or proposed, to promote the use of environmentally sound or
29 
sustainable materials, methods, practices, and technologies.
42


1 
The National Building Official, in coordination with other relevant agencies, may
2 
also develop and promulgate incentive schemes for owners of both public and private
3 
buildings to secure insurance coverage for the residual risk after complying with
4 
mandatory requirements of applicable laws.
5 
The National Building Official may recommend funding support for local
6 
government units and communities that have endorsed disaster risk reduction and
7 
management activities for buildings and structures, especially those falling within the
8 
classification of Simple or Class P1 Structures, in their jurisdictions.
10 
Sec. 63. Prohibited Acts and Omissions. The following are prohibited acts and
11 
omissions:
12 
A. By the Building Owner and/or representative:
13 
1. Misrepresentation or submission of false statements or documents;
14 
2. Use of unauthorized documents and/or certifications of Building
15 
Professional/s;
16 
3. Undertaking any construction without the required permit/s;
17 
4. Noncompliance with or violation of the terms and conditions of the permit,
18 
including prerequisite clearances by other government agencies;
19 
5. Not maintaining the building in accordance with the submitted maintenance
20 
strategy;
21 
6. Engaging non-licensed building professionals in the design, review,
22 
construction, or certification of building;
23 
7. Engaging non-licensed building contractors in the construction of building;
24 
and
25 
8. Analogousacts, omissions, and violations ofthis Act, rules and regulations,
26 
and reference standards.
27 
B. By the Building Professional:
28 
1. Misrepresentation or false statements;
29 
2. Certifying documents that s/he did not prepare, or certifying acts that s/he
30 
did not performs;
43


1 
3. Submission of incorrect or inconsistent drawings, technicai specifications,
2 
calculations, designs, and anaiyses;
3 
4. Non-compliance with construction methodologies and standards in case of
4 
a professional in charge of construction:
5 
5. Violation of safety standards prescribed by law or regulations in case of a
6 
professional in charge of construction:
7 
6. Non-submission of duly signed and sealed documents, or submission of
8 
inconsistent or deceitful documents, such as logbook and as-built plans in
9 
case of a professional in charge f construction: and
10 
7. Analogous acts, omissions, and violations of this Act, rules and regulations,
11 
and reference standards.
12 
C. By the Building Contractor:
13 
1. Deviation from the plans and specifications certified y Building
14 
Professionals and submitted to the Local Building Official, in a way that
15 
increases the risk to life, health, property, or public welfare:
16 
2. Violation of safety standards prescribed by law or regulations:
17 
3. Not engaging a Building Professional in charge of construction: and
18 
4. Analogous acts, omissions, and violations of this Act, rules and regulations,
19 
and reference standards.
20 
D. By the Accredited Certifier:
21 
1. Misrepresentation or false statements in order to be accredited by the
22 
Office of the National Building Official:
23 
2. Certifying buildings and structures that do not meet the requirements of this
24 
Act, rules and regulations, and reference standards, and other applicable
25 
laws:
26 
3. Refusing or failing to certify buildings and structures that meet the
27 
requirements of this Act, rules and regulations, and reference standards:
28 
and
29 
4. Analogousacts, omissions, and violations ofthis Act, rules and regulations,
30 
and reference standards.
31 
E. By the Accredited Structural Peer Reviewer:
32 
1. Misrepresentation or false statements in order to be accredited by the
33 
Office of the National Building Official:
44


1 
2. Providing false information to the Building Owner and/or Building
2 
Professional regarding the review;
3 
3. False certification on the compliance of structural design with this Act, rules
4 
. 
and regulations, and reference standards; and
5 
4. Analogousacts, omissions, and violations ofthis Act, rules and regulations,
6 
and reference standards.
7 
F. Bythe Accredited Testing Laboratory:
8 
1. Misrepresentation or false statements in order to be accredited by the
9 
Office of the National Building Official;
10 
2. Misrepresentation or false statements in the tests and/or test results of
11 
building materials;
12 
3. Tampering with the equipment and instruments;
13 
4, Conducting test methods non-conforming to reference standards; and
14 
5. Analogousacts, omissions, and violations ofthis Act, rules and regulations,
15 
and reference standards.
16 
G. By the Accredited Inspector:
17 
1. Misrepresentation or false statements in order to be accredited by the
18 
Office of the National Building Official;
19 
2. Providing false information to the Local Building Official regarding the
20 
inspection;
21 
3. False certification on the inspection, in consideration of any offer, promise,
22 
gift, or present received; and
23 
4. Analogous acts, omissions, and violations ofthis Act, rules and regulations,
24 
and reference standards.
25 
H. By the Local Building Official
26 
1. Arbitrariness in the performance of powers, obligations, and functions;
27 
2. Unjustifiable delay or gross negligence in the performance of powers,
28 
obligations and functions;
29 
3. Wilful engagement of non-accredited inspector;
30 
4. Wilful non-compliance with the orders of the National Building Official,
31 
Office of the National Building Official, and/or Regional Building Appeals
32 
Board; and 
,
33 
5. Analogousacts, omissions, and violations ofthis Act, rules and regulations,
34 
and reference standards.
• 
45


1 
Sec. 64. Fines and Penalties. Any prohibited act or omission faliing under
2 
Paragraphs A - H in Section 63 of this Act shali be subject to the administrative fines
3 
and penalties to be imposed by the National Building Official, acting through the Local
4 
Building Official. Such fines shall not be lower than 0.01% nor higher than 1.0% of
5 
the construction cost, per violation, in accordance with the gravity of the offense and
6 
the category of violator as provided in Section 63; provided, that the Local Building
7 
Official may not issue, may suspend, or may revoke any permit issued to the violator,
8 
as may be appropriate, and/or may order the suspension or cessation of any
9 
construction until such time that compliance with this Act, rules and regulations, and
10 
reference standards are undertaken; provided further, that in case the Building Owner
11 
is also the Building Professionals and/or Building Contractors found to commit any of
12 
the prohibited acts and omissions, the Local Building Official shall also endorse such
13 
violation to the Professional Regulation Commission (PRC) and the Construction
14 
Industry Authority of the Philippines (CIAP), respectively, for corresponding
15 
administrative sanctions; and provided finally, that should there be more than one
16 
violator for a single prohibited act or omission, their liability shall be solidary.
17 
These administrative sanctions imposed by the National Building Official, through the
18 
Local Building Official, are without prejudice to the right of any affected person to file
19 
the appropriate administrative, civil, or criminal action in the proper forum.
20 
For purposes falling under paragraph H in Section 63 of this act, the National Building
21 
Official, upon recommendation of the Regional Building Appeals Board and after
22 
notice and hearing, may suspend or revoke the appointment or designation of the
23 
Local Building Official as such, without prejudice to the administrative, civil, or criminal
24 
liability of said official in accordance with existing laws.
25
26 
Sec. 65. Criminal Liabilities of Building Owners, Building Professionals, Building
27 
Contractors, Accredited Certifiers, Accredited Structural peer Reviewers, Accredited
28 
Testing Laboratories, and Accredited Inspectors. In case of gross violation of this Act
29 
and/or rules and regulations, the National Building Official and/or Local Building
30 
Official may recommend to the appropriate government agencies the filing of criminal
31 
charges against the violators. Gross violations shall mean any of the following:
46


» ^
1 
a. Unauthorized change in type of construction from more fire resistive to
2 
less fire-resistive;
3 
b. Non-compliance v\/ith order to abate or demolish;
4 
c. Non-compliance with cease and desist order for construction;
5 
d. Not having any work being done In the site for more than one hundred
6 
twenty (120) days and without justifiable cause, for excavations left
7 
open or building construction abandoned; and
8 
e. Blatant disregard of the order of the Local Building Official in relation to
9 
the protection of life, health, property, and public welfare, such as the
10 
non-payment of fines and breaking of seals or operating despite the
11 
existence of an order for suspension or revocation.
12 
In which case, the offender shall be punished, per violation, by a fine not lower
13 
than 0.01 % nor higher than 1.0% of the construction cost, or by imprisonment of not
14 
less than six (6) months nor more than six (6) years,, or both, at the discretion of the
15 
court, without prejudice to the civil liability of the offender in accordance with existing
16 
laws. Where the violation is attended by injury, loss of life and/or loss of property, the
17 
offender shall be proceeded against under the applicable provisions of the Revised
18 
Penal Code, and other special laws. If the offender is a juridical entity, the officers,
19 
directors, agents, or employees who wilfully and knowingly vote for, assent to, or be
20 
primarily responsible for the commission of the foregoing violation/s shall be held
21 
liable.
22
23
24
25
26
27
28
29
30
Sec. 66. Criminal Liability of Local Building Officials and Staff. Any Local 
Building Official and/or staff who shall conspire to commit any of the enumerated 
gross violations with any offender as provided in Section 65 of this Act shall be 
punished, per violation, by a fine not lower than 0.01% nor higher than 1.0% of the 
construction cost involved, or by imprisonment of not less than six (6) months nor 
more than six (6) years, or both, at the discretion of the court, without prejudice to the 
civil liability of the offender in accordance with existing laws.
31
CHAPTER XI 
47


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» ?
1 
FINAL PROVISIONS
2 
Sec. 67. Appropriations. The amount needed for the initial implementation of
3 
this Act shall be taken from the current fiscal budget of the Department: provided,
4 
however, that such amount as may be necessary to carry out Section 38 of this Act
5 
is hereby appropriated out of the unappropriated funds of the National Treasury in
6 
the amount of Three Hundred Sixty Five Miliion pesos (Php 365,000,000). Thereafter,
7 
Congress shali provide for the appropriations of the Department the annual amount
8 
needed for the implementation of this Act to be inciuded in the General Appropriations
9 
Act.
10
11 
Sec. 68. Transitory Provisions. There shaii be a systematic transition of
12 
implementation of buiiding reguiations and standards from Presidentiai Decree No.
13 
1096 to this Act.
14 
To initiate and faciiitate the transition, the Secretary, as the National Building Official,
15 
is mandated to immediately establish the Office of the National Building Official, within
16 
three (3) months of the effectivity of this Act.
17 
City and Municipal Engineers already acting as Local Building Officials in their
18 
respective jurisdictions, and Local Building Officials already appointed or designated
19 
by the Secretary and performing as such, shall continue to act in such capacity, until
20 
new appointments and designations shall be made for Local Building Officials.
21 
Engagement of Accredited Certifiers, Accredited Inspectors , Accredited Structural
22 
Peer Reviewers, and Accredited Testing Laboratories, as provided for in this Act,
23 
shall take effect following the implementation by the ONBO of the system of
24 
accreditation, as formulated by the BRSC and promulgated by the NBO. The initial
25 
list of accredited persons shall be published by the ONBO within one (1) year from
26 
the promulgation of the system of accreditation.
27 
Consistent with Section 40 and Section 41 of this'Act, existing referral codes,
28 
renamed as reference standards by this Act, shall remain valid until after the National
48


1 
Building Officiai promuigates new, revised, or amended reference standards after the
2 
review and recommendation of the BRSC.
3 
Provided, that absent reference standards that are iocally or nationaliy adopted by
4 
the competent government agency for a particuiar subject, the latest standards by the
5 
International Organization for Standardization (ISO) may be use as default standards.
7 
Sec. 69. Implementing Rules and Regulations. The National Building Official,
8 
upon the recommendation of the Building Regulations and Standards Council and in
9 
consultation with relevant stakeholders, shall promulgate the Implementing Rules and
10 
Regulations of this Act, including a system of accreditation of qualified Building
11 
Professionals as Accredited Certifiers, Accredited Structural Peer Reviewers, and/or
12 
Accredited Inspectors, and qualified establishments or institutions as Accredited
13 
Testing Laboratories, within one (1) year from the effectivity of this Act. For this
14 
purpose, the Secretary, as the National Building Official, is mandated to immediately
15 
constitute the Building Regulations and Standards Council within three (3) months of
16 
the effectivity of this Act.
17
18 
The Implementing Rules and Regulations of this Act shall be reviewed every five (5)
19 
years, or more frequently as needed.
20
21 
The National Building Official shall ensure that ail buildings owned by the national
22 
government and all local government units, as well as departments, regulatory
23 
agencies, instrumentalities, government owned and controlled corporations, and
24 
implementing units of the same, shall implement an integrated or whole building,
25 
approach to the siting, planning, design, materials, construction, use occupancy,
26 
maintenance, addition, alteration, conversion, rehabilitation, relocation, repair,
27 
retrofit, and demolition, so they are sustainable, energy efficient, secure and safe,
28 
cost-effective, accessible, functional, productive, and aesthetic.
49


♦ ■
1 
The National Building Official shall ensure that this act is implemented in manners
2 
that are clear to all stakeholders, through measures that include but are not limited to
3 
the following:
4 
1. Every rule or regulation for the administration and enforcement of the
5 
provisions of this Act, including any standard that may be referenced vy,
6 
such, shall clearly indicate the section or sub-section of this Act to which it
7 
corresponds;
8 
2. Subject to Section 5 of this Act, every approved local ordinance with the
9 
effect of modifying a national rule, regulation, or standard, towards better
10 
safeguarding of life, health, property, and public welfare, shall clearly
11 
indicate the national rule, .regulation, or standard which it improves;
12 
3. All forms, tables, charts, illustrations, drawings and other annexes included
13 
with rules, regulations, standards and ordinances shall be systematically,
14 
uniquely, and clearly labelled, and duly referenced within the text of the
15 
associated rules, regulation, standard, or ordinance.
16
17 
Sec. 70. Non-Retroactivity Clause. This Act shall have no retroactive effect
18 
insofar as all buildings and structures constructed under Presidential Decree No.
19 
1096, or the National Building Code of the Philippines, as amended, or existing city
20 
or municipal building ordinances, if legally done in accordance therewith, shall be
21 
respected subject to such limitations in this Act and except as otherwise stated in
22 
Section 38 of this Act.
23 
However, additions, alterations, conversions, rehabilitations, relocations, repairs,
24 
retrofits, and demolitions to be made in such buildings and structures shall be subject
25 
to the provisions of this Act.
26
27 
Sec. 71. Oversight Committee. This Act shall undergo a review of its provisions
28 
every five (5) years, or as necessary, to make the law more responsive to the needs
29 
of the times. For this purpose, an oversight committee shall be created which shall
50


'•51')
. A.
1 
be composed of four (4) members each from the Senate and House of
2 
Representatives to be designated by the Speaker of the House and Senate President.
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
The Chairpersons of the Committee on Public Works and Highways in the House of 
Representatives and the Committee on Public Works of the Senate shall be Co­
chairpersons of the Oversight Committee.
Sec. 72. Separability Clause. If any provision or part hereof, is held Invalid dr 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. •
Sec. 73. Repealing Clause. — Presidential Decree No. 1096, or the National 
Building Code of the Philippines, as amended, is hereby repealed and replaced with 
this Act, Section 477 of Republic Act No. 7160, also known as the Local Government 
Code, is modified accordingly. Other existing laws, presidential decrees or issuances, 
executive orders, letter of instructions, administrative order, rule or regulation contrary 
to, or inconsistent with the provisions of this Act is hereby repealed, modified or 
amended accordingly.
Sec. 74. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication In at least two (2) newspapers of general circulation.
Approved.
51