EIGHTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE
Senate Bill No. 1252
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’19 
DEC 18 P/!:08
INTRODUCED BY SENATOR CHRISTOPHER UWVRENCE "BONG" T. GO
AN ACT
REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND 
MAINTENANCE OF BUILDINGS, 
PROMOTING 
BUILDING 
RESILIENCE 
VERSUS FIRE, FLOOD, STORM, EARTHQUAKE AND MULTIPLE HAZARDS, 
ENACTING A NEW PHILIPPINE BUILDING ACT, THEREBY REPEALING 
PRESIDENTIAL DECREE NO. 1096, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Weak infrastructure has been a major obstacle to the creation of safe and 
resilient communities in the Philippines. Considering the country is an archipelago 
located near the equator and along the Pacific Ring of Fire, it is vulnerable and exposed 
to earthquakes, typhoons and volcanic eruptions. Thus, improvements in building 
regulations and standards are imperative.
According to the Philippine Atmospheric, Geophysical and Astronomical 
Services Administration (PAGASA), the Philippines is visited by at least 20 tropical 
cyclones every year. In 2013, Tropical Storm Yolanda (Haiyan), one of the strongest 
tropical cyclones in the country, caused massive damage in Eastern Visayas and 
nearby areas. About 16,078,181 individuals were affected, a total of 1,140,332 houses 
were partially and totally destroyed, and almost P95.48 Billion worth of infrastructure, 
agriculture and school buildings were damaged.


The 2018 World Risk Report published by the United Nations University 
Institute of Environment and Human Security (UNU-EHS) affirmed the vulnerability of 
the Philippines by ranking it 3rd most disaster-prone country in the world with a Risk 
Index of 26.70 percent. Only Vanuatu and Tonga, which are both located in the 
Southern Pacific Ocean, had a higher Risk Index than the Philippines.
Further, in the 2018 Global Climate Risk Index which analyzes the quantifiable 
impacts of disasters both in terms of fatalities and economic losses, the Philippines 
ranked 5th in the list of countries most affected by natural disasters. In terms of the 
socioeconomic damage, a report cited that in the last ten years, (2007-2016), the 
estimated damage amounts to US$19.16 Billion.
Moreover, the Philippine Institute of Volcanology and Seismology (PHIVOLCS) 
reported a comprehensive study in 2013 that covers earthquake damage scenarios 
and estimation results. The report includes some terribly alarming figures. If a worst- 
case scenario of a 7.2-magnitude earthquake from the West Valley Fault, also known 
as the "Big One" strikes, it projects that residential buildings will be most at risk, with 
at least 25.6 percent or 339,800 damaged buildings. There is a potential of 18,000 
casualties from fire-related incidents, and 113,600 may be left injured. The direct 
human impact is estimated at 33,500 deaths, and 3.1 million homeless people.
In order to safeguard the public welfare and to mitigate the impact of disasters, 
this bill proposes 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, and 
maintenance.
In pursuit of these policies, the State should institutionalize a system that will 
provide for periodic review and flexible mechanisms in the updating of regulations and 
standards and which will strengthen the participation of relevant stakeholders, taking


into account the importance of allowing for continuing innovation in building design 
and construction.
This bill seeks to provide the effective regulation of planning, design, 
construction, occupancy, and maintenance of all public and private buildings and 
structures. In addition, safeguarding life and protecting people from injury, ensuring 
the people's health and well-being, protecting property from physical damage and 
loss, and minimizing disaster risk are the reference standards in attaining building 
resiliency.
This Act shall hold relevant stakeholders accountable in ensuring enforcement 
of and compliance with this act. Moreover, this bill proposes to establish sustainability 
standards for government-owned buildings, mitigating any negative environmental, 
economic, and social impacts.
The approval of this bill creates safe and resilient communities which can only 
be achieved through an improved Philippine Building Act.
In view of the foregoing, the approval of this bill is earnestly sought.
SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO


EIGHTEENTH CONGRESS OF THE 
)
REPUBUC OF THE PHILIPPINES 
)
First Regular Session 
)
©fficj? cf I')f ^i :r. tdip
'19 DEC 18 P4 :08
SENATE
Senate Bill No. 1252
INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG"T. GO
AN ACT
REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND 
MAINTENANCE OF BUILDINGS, 
PROMOTING 
BUILDING RESILIENCE 
VERSUS FIRE, FLOOD, STORM, EARTHQUAKE AND MULTIPLE HAZARDS, 
ENACTING A NEW PHILIPPINE BUILDING ACT, THEREBY REPEALING 
PRESIDENTIAL DECREE NO. 1096, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. -  This Act shall be known as the "Philippine Building Act 
of 2019."
Sec. 2. Declaration o f Principles and Policies. -  The State shall safeguard life, 
health, property, and public welfare, consistent with principles of sustainable 
development. Towards this end, it shall be the policy of the State to provide for all 
buildings and structures, a framework of minimum standards and requirements, 
mainstreaming disaster risk reduction and management, to regulate and control their 
location, siting, planning, design, construction, occupancy, and maintenance. In 
pursuit of these policies, the State shall institutionalize a system that will provide for 
periodic review and flexible mechanisms in the updating of regulations and standards


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and will strengthen the participation of relevant stakeholders, taking into account the 
importance of allowing for continuing innovation in building design and construction.
Sec. 3. Objectives o f the Act. -  The objectives of this Act are as follows:
a. To provide for the effective regulation of planning, design, construction, 
occupancy, and maintenance of buildings and structures, the establishment 
of a permitting process based on their classifications, and the setting of 
reference standards to:
1. Safeguard life and protect people from injury;
2. Ensure the health and well-being of the people who use them, 
without impinging on the safety of the general public or endangering 
the environment;
3. Protect property from physical damage; and
4. Reduce and manage hazards, exposures, and vulnerabilities, thereby 
minimizing disaster risk;
b. 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.


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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.
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 shall 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 o f 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 building or 
structure that is more than 15 years of age meets the requirements of 
Chapter VII of this Act, rules and regulations, and reference standards as 
to structural stability and fire safety construction;


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b. Accredited Inspector refers to a person possessing experience and other 
qualifications of a Building Professional, and accredited by the Office of the 
National Building Official, whose service is engaged by the Local Building 
Official to inspect buildings or structures in accordance with this Act, rules 
and regulations, and reference standards;
c. Accredited Structural Peer Reviewer refers to a person possessing 
experience and other qualifications of a Building Professional, and 
accredited by the Office of the National Building Official to provide 
independent verification that the structural design of a proposed or new 
building or structure complies with this Act, rules and regulations, and 
reference standards;
d. Accredited Testing Laboratory refers to an establishment or institution 
accredited by the Office of the National Building Official to perform tests to 
determine if the building materials and components used in the construction 
of a building or structure comply with Chapter VI of this Act, rules and 
regulations, and reference standards;
e. Addition refers to any construction which increases the height and/or floor 
area of an existing building or structure;
f. Alteration refers to any construction in an existing building or structure 
involving changes in the materials used, partitioning, location or size of 
openings, structural parts, existing utilities, and/or equipment but does not 
increase the building height nor floor area;
g. Ancillary Structure refers to a structure intended to provide support to main 
buildings or structures, which may include: bank and records vaults; 
swimming pools; firewalls separate from the building or structure; towers; 
silos; smokestacks; chimneys; commercial or industrial fixed ovens;


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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;


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m. Building Site refers to the lot, which is described by technical descriptions 
delineating boundaries of the property to be developed, over which the 
Building Owner has a title or legal right to build; for design purposes, the 
term shall also cover areas and spaces around the lot, the conditions of 
which bear on the operability and safety of the building or structure;
n. Construction refers to any and all on-site work including but not limited to 
preparation, excavation, foundation, and assembly or installation of 
components, utilities, machinery, and equipment of building or structure;
0. Conversion refers to a change in the use or occupancy of an existing building 
or structure or any portion/s thereof to another occupancy group or sub­
group that has different requirements under this Act;
p. Demolition refers to the systematic dismantling, destruction, or removal of 
a building or structure, in whole or in part;
q. Department 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 thereby 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


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damage, loss of livelihood and services, social and economic disruption, or 
environmental damage;
u. Hazard Zone refers to an area identified in generally recognized and 
accepted hazard maps as exposed to natural hazards, such as floods, wind 
storms, storm surges, landslides, volcanic eruptions, and earthquakes;
V. Innovative Construction Technology refers to a construction technology that 
is emerging or being reintroduced locally or nationally in the field of 
construction, with corresponding evidence of acceptable performance from 
laboratory tests, field tests, and/or analytical studies to comply with Chapter 
V and Chapter VI of this Act, rules and regulations, and reference standards;
w. Locationai Ciearance 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 in an appropriate zone, and does not violate the Comprehensive 
Land Use Plan (CLUP), any zoning ordinance or regulation of the concerned 
local government unit, nor other applicable laws, ordinances or regulations, 
which document is submitted to the Local Building Official in support of an 
application for a permit;
X. /?e/777/if refers to any of the permits that may be issued by the Local Building 
Official as set forth in this Act;
y. Reference Standards refers to technical standards that the National Building 
Official promulgates through rules and regulations in administering and 
enforcing this Act; for this purpose, consistent with Section 40, existing 
referral codes shall hereinafter be renamed and referred to accordingly as 
"reference standards;"


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z. Rehabilitation refers to the act or process of making possible a compatible 
use for an existing building or structure through repair and/or alteration 
while preserving those portions or features which convey its acknowledged 
heritage significance;
aa. Relocation refers to the transfer of an existing building or structure or 
portion/s thereof from original location or position to another, either within 
the same site or to a different one;
bb. Renovation refers to any physical change made on an existing building or 
structure to increase the value or improve the quality and/or aesthetics, 
without addition to building height or floor area, nor alteration of structural 
parts;
cc. Repair refers to remedial work done on any damaged or deteriorated 
portion/s of an existing building or structure to restore its original condition;
dd./?e^rc>/7/'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;
qq. Structure refers to that which is built or constructed, an edifice, or building 
of any kind, or any piece of work artificially built up or composed of parts 
joined together in some definite manner, but shall not include streets.


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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 ve^ers 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 in 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 I I


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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 
rating; (b) use or occupancy; and (c) required permitting process, is hereby adopted.
Sec. 8. Buildings Classified by Type o f 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 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;
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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, 
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-preservation 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;
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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;
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 (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 not 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.
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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.
Sec. 10. Buildings Classified According to Required Permitting Process. -  
Buildings and structures shall be classified based on the required permitting process 
as follows:
a. Deemed-to-Satisfy Structures or Class PI 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 any government-approved mass housing project 
developed by the government, non-government organization, or private 
developer. These Deemed-to-Satisfy or Class PI Structures shall comply 
with Simplified Reference Standards as prescribed by the National Building 
Official under a simplified permitting process.
b. Regular Structures or Class P2 Structures dtve buildings or structures that do 
not fall under either one of the classifications of Deemed-to-Satisfy 
Structures and Special Structures. Regular Structures shall require the 
regular permitting process.
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c. Special Structures or Class P3 Structures a re buildings or structures that are 
distinguished by special physical attributes in terms of size, span, or form, 
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;
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
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9. Buildings and other structures using very advanced structural 
calculation method in design as classified in structural reference 
standards.
Accordingly, the permitting process for these Special or Class P3 Structures 
shall require a peer review of the structural stability.
For buildings and structures that have non-regular structural form (sub-class 
(8) in this Section) or using very advanced structural calculation method in design 
(sub-class (9) 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 
applicable professional regulations. Provided, that should the Building Owner opt, 
under applicable laws and professional regulations, to lawfully disengage the 
previously engaged Building Professional for design and to engage as new 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.
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Sec. 12. Requirements for Each Type o f Construction According to Fire 
Resistance Rating. -  The National Building Official shall prescribe standards for each 
type of construction according to fire resistivity and fire resistance rating as allowed 
under this Act correspondingly for each group or sub-group of use or occupancy, and 
promulgate rules and regulations and reference standards therefor, in general terms 
of structural system, exterior walls and openings, interior walls and enclosures, floors, 
exits and stairs construction, and roofs, among other elements.
Sec. 13. Changes in Use or Occupancy and/or Type o f 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 I I I
LOCATION, SITING, AND ZONING REQUIREMENTS
Sec. 14. Generai Requirements for Location, Siting, and Zoning.- l\\e  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 through a 
locational clearance and other clearance/s or certificate/s as prescribed by 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 
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corporations, and implementing units of the same, in accordance with existing laws 
and rules and regulations.
Sec. 15. Protection o f the Site Environment Any proposed construction, 
inciuding its location, siting, and use, shall take into account the environment and its 
conservation and protection. -  It shall not gravely affect the heritage and 
environmental significance of the site; and shall not harm nor aggravate the state of 
the neighborhood, 
environment, 
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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 o f 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 neighborhood on account of the hazard zone or special site. Within 
hazard zones as established in the 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.
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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.
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 Sub-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. -  All 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 provisions of Articles 684 to 686 of Republic Act No. 386, or Civil 
Code of the Philippines, on lateral and subjacent support, the design and quality of
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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.
Sec 22. Protection from Moisture and Surface Water. -  All buildings shall be 
designed to provide adequate resistance to penetration by, and the accumulation of, 
excessive moisture and surface water.
Sec. 23. Protection from Other Hazards. -  All buildings and structures shall be 
designed to safeguard persons and properties from other site-specific multiple 
hazards.
Sec. 24. Safety o f 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 maximize energy 
efficiency.
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The National Building Official shall promulgate specific rules and regulations 
applicable to buildings and structures exceeding a threshold total gross floor area, 
depending on the classification of use or 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 wellbeing of the users or occupants and the general public. 
Constructability and ease of maintenance of the services and facilities shall be highly 
considered in the design.
As required by the occupancy group, buildings and structures shall be designed 
to provide services and facilities including but not limited to the following: light and 
ventilation; water supply; drainage; wastewater disposal; solid waste 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.
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CHAPTER V
CONSTRUCTION REQUIREMENTS
Sec. 28. Genera! Requirements for Construction. -  The construction of all 
buildings and structures shall comply with the requirements prescribed by this Act, 
rules and regulations, and reference standards.
Use of materials, 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 Technoiogies. -  All innovative construction 
technologies used in building construction shall comply with any special tests or 
requirements as prescribed by the National Building Official pursuant to the policies 
and objectives of this Act. These technologies shall be installed by qualified personnel 
and supervised by technically competent professionals.
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 Indigenous Technologies for Housing 
(ATTECH) Committee or its successor agency.
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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 o f Property During Construction. -  All and any public or 
private property above or below the ground shall be protected from any damage by 
any work being done under the permit. The protection shall be maintained while such 
work is being done and shall not obstruct the normal functioning of any such property.
Sec. 32. Phased or Incrementai 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 wellbeing of the users or occupants.
Sec. 33. Construction andDemoiition Waste Management -  All buildings shall 
be constructed with proper management of construction and demolition waste.
CHAPTER V I 
BUILDING MATERIALS
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Sec. 34. Genera! Requirements for Materials. -  All building materials and 
components shall comply with the requirements prescribed by this Act, rules and 
regulations, and reference standards.
The use of building materials and components must be safe for the health of 
users or occupants and must not cause any substantive negative impact to the 
environment such as, but not limited to, air, water, and soil.
Provided, that product standards promulgated by competent national agency 
shall be harmonized with or incorporated together with the reference standards under 
this Act.
Sec. 35. Selection o f 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 V II
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS
Sec. 36. General Requirements for Occupancy, Maintenance, and Abatement- 
All Building Owners shall use and maintain the building in accordance with the 
requirements prescribed by this Act, rules and regulations, and reference standards. 
The use and maintenance of the building must be safe for the health of users, 
occupants, and the general public, and shall not cause any substantive negative 
impact to the environment such as, but not limited to, air, water, and soil.
Sec. 37. Maintenance, Inspection, and Assessment o f Buildings and Reporting 
to the ONBO. -  All buildings shall undergo regular maintenance and inspection in 
accordance with each building's maintenance strategy. There shall be rules and 
regulations to guide the preparation, approval, and implementation of appropriate
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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 for monitoring, reporting, and 
evaluating maintenance and inspection activities.
The Office of the National Building Official shall assist Building Owners of 
structures falling within the classification Deemed-to-Satisfy or Class PI 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 Local Building Officials 
and/or Accredited Inspectors subject to specific rules and regulations promulgated by 
the National Building Official.
The Office of the National Building Official shall coordinate with relevant 
government agencies 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 permits 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 Certifier as to structural 
stability and fire safety construction shall be commissioned by the Building Owner at 
the 15th year from 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 years for purposes of this Section shall be counted from the
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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 
Deemed-to-Satisfy 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 o f 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 2004 or earlier, are mandated to 
have an assessment of the design based on the requirements in Chapter IV of this Act 
as specified in rules and regulations, 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.
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Within three (3) months from the effectivity of this Act, the Department through 
the Office of the National Building Official, in consultation with relevant agencies and 
stakeholders, shall implement a phased approach to prioritize compliance of Building 
Owners in hazard zones, such as but not limited to those near earthquake fault lines 
or in coastal zones affected by sea level rise, or in hazard zones or areas otherwise 
identified in hazard maps, or those used for assemblies in large numbers and/or by 
vulnerable users or occupants.
The National Building Official, in coordination with other concerned agencies, 
shall develop and administer incentive schemes, 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 o f Dangerous and Ruinous Buildings. -  When any building 
or structure is found or declared to be dangerous or ruinous, the Local Building Official 
shall order its repair, vacation, or demolition depending upon the degree of danger to 
life, health, property, and public welfare. This is without prejudice to further action 
that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil 
Code of the Philippines and other existing laws.
For purposes of this Section, dangerous or ruinous buildings are buildings or 
structures determined by the Local Building Official to be structurally 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 intolerable degree.
Abatement and/or rehabilitation of buildings and structures covered under 
Republic Act No. 10066, or the National Cultural Heritage Act of 2009, shall be
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coordinated with the National Commission for Culture and the Arts (NCCA) prior to 
any action of abatement.
CHAPTER V III 
ADMINISTRATION
Sec. 40. National Building Official (NBO): Powers, Obligations, and Functions. 
-  The Secretary of the Department shall have the duty to ensure that all laws relating 
to building design and construction are faithfully executed and is primarily charged 
with the administration and enforcement of the provisions of this Act, rules and 
regulations, and reference standards.
The Secretary shall ensure harmonization of rules and regulations and 
reference standards between government-funded and non-government funded 
buildings and structures, consistent with the objectives of this Act.
As the National Building Official, the Secretary shall have the following general 
powers, obligations, and functions:
a. Issue and promulgate rules and regulations to implement the provisions of 
this Act, upon recommendation of the Building Regulations and Standards 
Council, and ensure compliance with policies, plans, standards, and 
guidelines formulated. 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 
exercise supervision and control over them as the National Building Official;
d. Designate Local Building Officials, in manner as provided for by this Act, 
and exercise supervision and control over them as the National Building 
Official;
e. Create the Office of the Local Building Official in case of clustered 
municipalities, as set forth in this Act, and exercise administrative as well as 
technical supervision and control;
f. Appoint the Regional Building Appeals Boards, as provided for by this Act, 
and exercise administrative supervision over them;
g. Prescribe and fix the schedule of fees, appeal bonds, and other charges that 
the National Building Official and Local Building Officials shall collect in the 
exercise of their regulatory functions;
h. Inspect at reasonable times any building or structure, covered by this Act, 
rules and regulations, and reference standards; provided, that in case of a 
single-family dwelling, an inspection must be upon the consent of the 
occupant or upon lawful order from the proper court;
i. 
Issue appropriate orders, including cease and desist order and demolition 
order, against any person or entity to prevent injury to the public and 
compel compliance with the provisions of this Act, rules and regulations, 
and reference standards;
j. Impose fines, penalties, and other administrative sanctions for failure or 
refusal to comply with, or violation of any provision of this Act, rules and 
regulations, and reference standards, or any order, instruction, or ruling;
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k. Enlist the aid and support of, and/or deputize any and all enforcement 
agencies of the government in the implementation of his powers and 
functions under this Act, rules and regulations, and reference standards; 
and
l. 
Exercise such other powers and perform such functions as may be needed 
to carry out the objectives of this Act, rules and regulations, and reference 
standards.
Sec. 41. Building Regulations and Standards Council (BRSC). -  A Building 
Regulations and Standards Council is hereby created to assist the National Building 
Official in reviewing and recommending rules and regulations and reference standards 
to accomplish the objectives of this Act.
a. Members. The Building Regulations and Standards Council shall be 
composed of the following:
1. Undersecretary for Technical Services of the Department as Chair;
2. Full-time Commissioner of the Housing and Land Use Regulatory 
Board (HLURB) as Vice-Chair;
3. Commissioner of the Professional Regulation Commission (PRC) in 
charge of supervision of regulatory boards of building professionals;
4. Chief of the Bureau of Fire Protection (BFP);
5. Undersecretary of the Department of Trade and Industry (DTI) in 
charge of supervision of product standards and/or contractor 
accreditations;
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6. Undersecretary of the Department of Science and Technology 
(DOST) for disaster risk reduction and climate change;
7. President of a national association of local building officials;
8. President of a national association of building developers, national 
association of building owners, national association of building 
managers, or national association of building administrators;
9. President of a PRC-accredited national professional organization of 
building professionals;
10. President of a national association of building contractors;
11. High-ranking regular faculty member from a recognized higher 
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institution 
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professionals; and
12. Two (2) representatives-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 (7) to (11), shall be appointed by the National Building Official for a term 
of three (3) 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 (7) to (11), 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.
Representatives-at-large, enumerated above as (12), shall serve ex-officio if 
officials and representatives of government agencies, or shall serve for a term of three 
(3) years without immediate reappointment within one (1) year if coming from the 
private, academic, or non-government sectors.
In the absence or temporary incapacity of the Undersecretary for Technical 
Services of the Department, the Full-time Commissioner of the HLURB shall act as the 
Chair of the Council.
In the absence or temporary incapacity of the Undersecretary for Technical 
Services of the Department and the Full-time Commissioner of the HLURB, the Officer- 
in-Charge (QIC) Undersecretary for Technical Services of the Department shall act as 
the Chair of the Council.
A simple majority of the members of the Council shall constitute a quorum. The 
presence of either the Chair or Vice-Chair of the BRSC is indispensable in counting the 
quorum.
a. Duties and Responsibilities. The Building Regulations and Standards Council 
shall have the following duties and responsibilities:
1. Review existing rules and regulations and existing referral codes, 
renamed as reference standards under this Act, and/or formulate
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new ones in line with the provisions of this Act and rules and 
regulations;
2. Formulate and recommend policies and strategies, for design and 
construction, with reference to global standards, and taking into 
account local conditions;
3. Formulate a system of accreditation of qualified Building 
Professionals as Accredited Certifiers, Accredited Structural Peer 
Reviewers, 
and/or 
Accredited 
Inspectors, 
and 
qualified 
establishments or institutions as Accredited Testing Laboratories;
4. Collect relevant information, conduct research, and support 
studies on all matters relating to design and construction, such 
as, but not limited to, the performance and results achieved of 
the standards in mainstreaming disaster risk reduction and 
management 
in 
building 
planning, 
design, 
construction, 
occupancy, and maintenance;
5. Submit recommendations, including rules and regulations and 
reference standards, to the National Building Official for approval;
6. Submit an annual report to the National Building Official; and
7. Perform such other functions that the National Building Official 
may authorize or assign as may be necessary in carrying out the 
objectives of this Act.
b. Technical Working Groups (TWGs). To support the BRSC in the performance 
of its duties and responsibilities, the National Building Official shall
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constitute Technical Working Groups (TWGs) composed of relevant 
stakeholders.
c. Secretariat. The BRSC shall have its Secretariat personnel separate from the 
Office of the National Building Official, to assist in the operation of the 
Council and TWGs.
d. 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.
e. The BRSC budget shall be included in the annual budget of the Department.
Sec. 42. Office o f the National Building Official (ONBO). -  The Office of the 
National Building Official, within the Department, is hereby created to provide 
sufficient technical, legal, administrative, and support personnel to the National 
Building Official in the exercise of his powers and the performance of his duties.
This Office, headed by a Director, who shall be a registered and licensed 
professional, be member of good standing of the duly accredited national organization 
of the profession, and have at least five (5) years of diversified and professional 
experience in building design, construction, and regulation, shall be placed under the 
supervision of the Undersecretary for Technical Sen/ices. It shall comprise highly 
qualified personnel eligible to act as building professionals, scientists, or technicians
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who possess diversified and professional experience in the field of building design and 
construction, and lawyers.
The Office of the National Building Official shall provide assistance to the 
National Building Official in the institutional strengthening of Offices of Local Building 
Official, capacity building of Local Building Officials, data management, monitoring 
and evaluation, and establishing and maintaining linkages with concerned institutions. 
A mandatory continuing education and training program shall be pursued for the Local 
Building Officials and their staff, as well as the staff of the Office of the National 
Building Official.
The Office of the National Building Official shall coordinate the Regional Building 
Appeals Boards.
The Office of the National Building Official shall formulate plans, programs, and 
projects on building planning, design, construction, occupancy, and maintenance 
pursuant to this Act in consideration of global best practices and the exposure of the 
country to multiple hazards. It shall plan and implement a computerized national 
database of buildings and structures, for purposes of Section 37 and other provisions 
of this Act and rules and regulations. It shall also be in-charge of the implementation 
of a system of accreditation of qualified Building Professionals as Accredited Certifiers, 
Accredited Structural Peer Reviewers, and/or Accredited Inspectors, and qualified 
establishments or institutions as Accredited Testing Laboratories.
Sec. 43. Regional Building Appeals Boards (RBABs). -  A Regional Building 
Appeals Board with appropriate personnel is hereby created in Regional Offices of the 
Department and placed under the administrative supervision of the National Building 
Official; provided, that an RBAB may be created by the National Building Official to 
serve a group of adjacent regions. The RBAB shall be chaired by a member of the 
Philippine Bar, and assisted by two technical personnel of the Department sitting as 
the other members of the Board and by support staff, all of whom are appointed by
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the National Building Official. It shall have exclusive appellate jurisdiction to review 
decisions of the Local Building Officials, or resolve appeals and/or complaints after the 
same shall have been acted upon, or not given due course, by the respective Local 
Building Officials within their region. In case of appeal for reconsideration by an 
aggrieved party on the same matter, the decision of the RBAB shall be subject to 
review by the National Building Official pursuant to Section 60 of this Act.
Sec. 44. Offices o f the Local Building Official (OLBOs) and Local Building 
Officials (LBOs). -  Cities and first-class municipalities shall create and operate a 
separate Office of the Local Building Official headed by a Local Building Official who 
shall be appointed by and accountable to the National Building Official. The Local 
Building Official shall be appointed by the National Building Official from a list of at 
least three (3) qualified recommendees of the mayor, subject to civil service law and 
rules and regulations. The Local Building Official shall be responsible for carrying out 
the provisions of this Act, rules and regulations, and reference standards within the 
territorial jurisdictions. Notwithstanding the foregoing, the National Building Official 
shall have complete supervision and control over the Local Building Official.
Depending upon their needs and in order to improve their frontline services, 
second to sixth-class municipalities may create and operate a separate Office of the 
Local Building Official upon request to and approval by the National Building Official. 
These municipalities, if adjacent and accessible to each other, may also opt to request 
the National Building Official to create and operate an Office of the Local Building 
Official to serve the clustered municipalities, which office shall be under the National 
Building Official. This cluster Office shall be located at a municipality within the cluster 
as determined by the National Building Official. Each cluster of municipalities may 
recommend to the National Building Official the appointment of one Local Building 
Official for such cluster from a list of at least three (3) qualified recommendees of the 
mayors of the cluster, subject to civil service law and rules and regulations.
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Absent a request to and/or approval by the National Building Official for either 
a separate or a cluster Office of the Local Building Official, the municipal engineers of 
the second to sixth-class municipalities shall be designated by the National Building 
Official to act, in concurrent capacity, as the Local Building Officials in their respective 
territorial jurisdictions. For purposes of this Chapter and this Section, the Office of the 
Municipal Engineer in such second to sixth-class municipalities shall be referred to also 
as Office of the Local Building Official.
The concerned local government unit shall provide the funding for and operate 
the separate Office of the Local Building Official; the Office of the National Building 
Official shall fund and operate cluster Offices of the Local Building Official. The sharing 
and use of fees and fines among the offices shall be in conformity with Section 46 of 
this Act.
Sec. 45. Special Jurisdictions. -  There shall be Local Building Officials for special 
jurisdictions such as the Armed Forces of the Philippines (AFP), the Philippine 
Economic Zone Authority (PEZA), the Department of Agriculture (DA), and other 
government agencies, as explicitly provided for by the applicable 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 Officials in 
special jurisdictions shall likewise be designated by and accountable to the National 
Building Official.
Said Local Building Officials shall be designated by the National Building Official 
from a list of at least three (3) qualified recommendees of the head of their agency, 
subject to civil service law and rules and regulations.
46. Sharing and Use o f Fees and Fines. -  Out of the total collection derived 
from fees, permit fees, fines, and other charges, the Office of the Local Building Official 
shall retain 15% thereof and deposit in a special account created by the Local 
Treasurer, to answer for its maintenance and other operating expenses. The Office of
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the Local Building Official shall cause to remit five percent (5%) to the National 
Building Official. The remaining 80% shall accrue to the general fund of the local 
government unit or the agency with special 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 Building 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.
The share of income to be remitted to the National Building Official shall be 
used to cover honoraria for the BRSC Secretariat, BRSC TWGs, RBABs, and other 
operating expenses of the BRSC, ONBO, RBABs, and cluster OLBOs.
Any provision of law to the contrary notwithstanding, the National Building 
Official is hereby authorized to prescribe the procedures for the use of the 15% 
retained for the Office of the Local Building Official. Such income may be used to cover 
necessary operating expenses including the purchase of equipment, supplies, and 
materials; expenses for travel; continuing education and training programs; engaging 
Accredited Inspectors and Accredited Structural Peer Reviewers; obligation expenses 
including attorney's fees and other legal expenses, including sheriff's fees as well as 
hazard pay for employees and/or authorized representatives of the Office of the Local 
Building Official when the cause is in line with the performance of duties; and payment 
of other prior years' obligations not adequately funded, subject to existing budgetary 
and auditing rules and regulations.
Sec. 47. Qualifications o f Local Building Officials. -  No person shall be appointed 
as a Local Building Official unless the person possesses the following qualifications:
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a. A Filipino citizen and of good moral character;
b. A duly registered and licensed architect or civil engineer;
c. A 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.
Municipal engineers appointed by their mayors and who shall concurrently be 
designated by the National Building Official as Local Building Officials, shall comply 
with the qualifications prescribed for their positions as municipal engineers in the Local 
Government Code.
The Local Building Official for a special jurisdiction shall comply with the 
qualifications prescribed for the position by the specific law that is applicable to said 
special jurisdiction.
Sec. 48. Powers, Obligations, and Functions o f Local Building Officials. -  In 
addition to the other powers, obligations, and functions mentioned in this Act, the 
Local Building Official shall have the following general powers, obligations, and 
functions:
a. Approve applications for, and issue, reject, suspend, or revoke permits 
within their territorial or special jurisdictions; for this purpose, the Local 
Building Official shall base the decision upon the completeness and integrity 
of the application documents supported by the appropriate certifications of 
Building Professionals and clearances from relevant government agencies, 
in accordance with this Act, rules and regulations, and reference standards;
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b. Hear and decide cases filed by parties on complaints related to the 
permitting process;
c. Enter any building, structure, or its premises at reasonable times to inspect 
and determine compliance with the requirements of this Act, rules and 
regulations, and reference standards, as well as the terms and conditions 
of the permit/s issued; provided, that in case of single-family dwelling, an 
inspection by the Local Building Official and/or Accredited Inspector must 
be upon the consent of the occupant or upon lawful order from the proper 
court;
d. Engage qualified and nationally-accredited Building Professionals as 
inspectors and/or structural peer reviewers;
e. Order the work stopped and prescribe the terms and/or conditions for the 
work to be allowed to resume, or issue any appropriate order, including 
cease and desist order and demolition order, when any construction is found 
to be contrary to the provisions of this Act, rules and regulations, reference 
standards, and the terms and conditions of the permit/s issued;
f. Order the discontinuance of the use or occupancy of any building or 
structure, or a portion thereof, found to be used or occupied contrary to the 
provisions of this Act, rules and regulations, and reference standards, 
and/or the terms and conditions of the permit/s issued;
g. Keep a permanent record and accurate account of all fees, fines, and other 
charges fixed and authorized by the National Building Official to be collected 
and received under this Act;
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h. Validate and submit data on a computerized national database of buildings 
and structures, for purposes of Section 37 and other provisions of this Act 
and rules and regulations;
i. Submit an annual situational report to the National Building Official; and
j. Exercise such powers and perform such other functions needed to assist 
the National Building Official in carrying out the objectives of this Act, rules 
and regulations, and reference standards.
Sec. 49. Responsibilities o f Building Owners. -  To promote accountability. 
Building Owners and Building Owner-Builders shall be responsible for their compliance 
with the provisions of this Act, rules and regulations, and reference standards. These 
responsibilities shall include but not be limited to:
a. Providing and/or submitting true and correct information and documents in 
support of their application for permits and their prerequisite certifications 
and clearances;
b. Adhering to the plans and specifications;
c. Complying with the terms and conditions of the permit issued, and other 
prerequisite certifications and clearances;
d. Maintaining the building consistent with its maintenance strategy and 
conducting periodic inspection in accordance with this Act, rules and 
regulations, and reference standards;
e. Engaging the services of Building Professionals and/or Building Contractors 
for any proposed construction, as may be required by this Act, rules and 
regulations, except for Deemed-to-Satisfy or Class PI Structures; and
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f. Engaging the services of Building Professionals or Accredited Certifiers for 
the assessment of structural stability and fire safety construction of the 
building, as may be required by this Act, rules and regulations, except for 
Deemed-to-Satisfy or Class PI Structures and Regular or Class P2 
Structures.
Offer to transfer ownership, or actual transfer of ownership, involving owners 
of subdivision projects shall be made pursuant to Presidential Decree No. 957, or the 
Subdivision and Condominium Buyers' Protective Decree.
Offer to transfer ownership, or actual partial or full transfer of ownership, 
involving owners of condominium projects shall be made pursuant to Presidential 
Decree No. 957, or the Subdivision and Condominium Buyers' Protective Decree, and 
to Republic Act No. 4726, or the Condominium Act, as amended.
Sec. 50. Responsibilities o f Building Professionals. -  To promote accountability, 
the various Building Professionals, all of whom are registered and licensed by their 
respective professional boards under the Professional Regulation Commission (PRC), 
shall be responsible for the accuracy of their work and their corresponding 
certifications.
a. Design professionals shall be responsible for the correctness 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.
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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 
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.
Sec. 51. Responsibilities o f Building Contractors. -  To promote accountability. 
Building Contractors shall adhere to the duly signed and sealed drawings, technical 
specifications, and construction procedure, as prepared and certified by the Building 
Professionals and relied upon by the Local Building Officials in the issuance of the 
permit. They shall also adhere to the additional details, issued during construction, 
conforming to the submitted documents. Building Contractors shall ensure the safety 
and health of construction workers, in addition to protection afforded to them by labor 
laws. As principals, they shall be solidarily responsible for the acts and omissions of 
their representatives, agents, subcontractors, and/or employees in relation to 
construction. They shall engage Building Professionals in-charge of construction.
CHAPTER IX
PERMITS AND INSPECTIONS
Sec. 52. Types o f Permit. -  The Building Owner of any proposed construction 
or existing building or structure must secure the appropriate permit from the Local 
Building Official, prior to the start of such work or occupancy:
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a. Building Permit -  a permit for the construction of building or structure or 
any addition, alteration, conversion, rehabilitation, relocation, repair, or 
retrofit of such;
b. Ancillary Permit -  a permit for the construction of ancillary structures as 
defined in this Act;
c. Excavation Permit -  a permit for construction involving the removal of soil 
or rock from a site to form an open face, hole, or cavity using tools, 
machinery, or explosives;
d. Demolition Permit -  a permit for demolition of a building, structure, or 
portion thereof including that which will be removed in the course of an on­
going construction; and
e. Occupancy Permit -  previously termed Certificate of Occupancy; a permit 
for the full use or occupancy of a building or structure, or a partial permit 
for use or occupancy of portion or portions thereof prior to the completion 
of the entire building or structure, or a temporary permit for temporary use 
or occupancy thereof prior to the completion of the entire work covered by 
the permit; provided, that such portion or portions shall be used or occupied 
safely and that the Local Building Official shall set a time period during which 
the partial permit or temporary permit shall be valid in accordance with rules 
and regulations.
The National Building Official may prescribe in the rules and regulations such 
other permits as it may deem necessary in accordance with objectives of this Act.
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No permit shall be required for minor constructions, repairs, or demolitions, as 
prescribed in the rules and regulations, insofar as these shall not violate any objective 
or provision of this Act.
Sec. 53. Detailed Classification o f Buildings for Permitting Purposes. -  The 
National Building Official shall prescribe the requirements for and procedure in 
securing the different types of permit, as may be appropriate, based on the 
classification of buildings in Section 10 of this Act. The procedures to be laid out by 
the National Building Official shall include: (a) a simplified permitting process for 
Deemed-to-Satisfy or Class PI Structures; (b) a mandatory structural peer review of 
the stability for Special or Class P3 Structures; and (c) a regular permitting process 
for Regular or Class P2 Structures.
The organizational structure of each Office of the Local Building Official laid out 
by the National Building Official, based on rules and regulations, shall take these three 
(3) permitting processes in consideration.
To aid the simplified permitting process, the National Building Official shall 
cause, through Simplified Reference Standards, the detailed documentation and 
region-wide or nation-wide information and education campaign on the proper siting, 
design, and construction of Deemed-to-Satisfy or Class PI Structures including 
Traditional Indigenous Family Dwellings.
Sec. 54. Application for Permit. -  Any person desiring to apply for the 
appropriate permit shall file a duly accomplished permit application form with the Local 
Building Official of the local government unit, cluster thereof, or special jurisdiction 
where the building or structure, proposed or existing, is located.
In case of expired or revoked permit, the Building Owner may apply for a 
renewal of permit in accordance with the prescribed rules and regulations.
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The National Building Official may require the payment of corresponding fees 
according to a schedule provided in the rules and regulations and shall prescribe such 
other standard requirements to be submitted with the duly accomplished permit 
application; provided, that no application fees shall be required for Deemed-to-Satisfy 
or Class PI Structures.
Together with duly accomplished permit application form/s, the applicant shall 
submit: (a) documents relating to ownership of building site that support the authority 
to order construction work for a building or structure and to hold legal right of 
possession or title to a building or structure; (b) relevant clearances from other 
agencies; (c) documents relating to building use or occupancy, location, plans, 
specifications, and maintenance strategy; and (d) estimated construction cost. 
According to the permit being applied for and the classification of building or structure 
involved, whether Deemed-to-Satisfy, Regular, or Special Structure, the National 
Building Official, through rules and regulations, shall require specific parts of building 
plans, specifications and related documents to be submitted as evidence of compliance 
with this Act, rules and regulations, and reference standards.
The National Building Official, through rules and regulations, shall require 
specific parts of building plans and specifications to be prepared, signed and sealed 
by appropriate Building Professionals; provided, that various building professionals 
may be appropriately authorized according to their respective professional regulation 
laws to prepare, sign, and seal certain parts, sheets, or pages of building plans, 
specifications, and related documents.
Sec. 55. Processing o f the Permit Application. -  Pursuant to Republic Act No. 
9485, or the Anti-Red Tape Act as amended by Republic Act No. 11032, or Ease of 
Doing Business and Efficient Government Service Delivery Act, within a reasonable 
time from the filing of the duly-accomplished permit application, payment of fees as 
applicable, and compliance with other standard requirements to be determined by the 
National Building Official, the Local Building Official shall give due course to the
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application and issue the permit applied for upon satisfaction of the completeness and 
integrity of the application documents supported by the appropriate certifications of 
Building Professionals and clearances from relevant government agencies, in 
accordance with this Act, rules and regulations, and reference standards.
Sec. 56. Validity o f Permit. -  A Building Owner with issued permits has the 
continuing obligation to comply with the provisions of this Act, rules or regulations, 
and reference standards throughout the lifespan of the building or structure.
When submitted plans and specifications of an issued permit are subsequently 
found to be erroneous, the Local Building Official is authorized to oblige the applicant 
to effect the necessary corrections in said plans and specifications and the 
corresponding construction or to prevent or stop any or all building operations that 
are in violation of this Act, rules and regulations, and reference standards.
A permit issued under the provisions of this Act shall expire and become null 
and void if the building or work authorized therein is not commenced within a period 
of one (1) year after the issuance of the permit. A partial or temporary Occupancy 
Permit shall be valid for the time period set by the Local Building Official in accordance 
with the prescribed rules and regulations. For phased or incremental construction 
referred to in Section 32 of this Act, the Building Owner may apply for an extension 
of the validity of the permit, or renewal of the permit as appropriate, in accordance 
with the prescribed rules and regulations.
Sec. 57. Grounds for Non-issuance, Suspension, or Revocation o f Permit-Jhe 
Local Building Official may order or cause the non-issuance, suspension, or revocation 
of permits on any or all of the following reasons or grounds:
a. Non-compliance with the provisions of this Act, rules and regulations, and 
reference standards;
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b. Substantial errors found in the plans and specifications;
c. Use of sub-standard building material or sub-standard workmanship and 
refusal to rectify upon notice;
d. Without any work being done in the site for more than one hundred twenty 
(120) days for excavations left open or building construction abandoned; 
and
e. Fraudulent misrepresentation of data or information supplied in the 
application permit.
Notice of non-issuance, suspension, or revocation of permit shall always be made 
in writing, stating the reasons or grounds therefor. Said action by the Local Building 
Official shall be proportionate to the reasons or grounds committed by the applicant, 
in accordance with this Act and rules and regulations.
Sec. 58. Complaint. -  Based on the grounds enumerated in Section 57 of this 
Act, any person aggrieved by the proposed, ongoing, or existing construction, use, or 
occupancy may file before the Local Building Official of the local government unit, 
cluster thereof, or special jurisdiction where the concerned construction is located for 
the non-issuance, suspension, or revocation of the corresponding permit applied for 
by, or granted to, the Building Owner. The aggrieved party shall be notified of the 
action taken by the Local Building Official in case the permit is granted or furnished 
with a copy of the decision, order, or notice of non-issuance, suspension, or revocation 
of a permit of the Local Building Official.
Sec. 59. Appeal to the Regional Building Appeals Board. -  Within fifteen (15) 
days from the date of receipt of notice of the non-issuance, suspension, or revocation 
of the permit or of the action taken by the Local Building Official, the aggrieved party
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may file an appeal with the Regional Building Appeals Board based on the following 
grounds:
a. Arbitrariness of the Local Building Official in the performance of regulatory 
functions; or
b. Lack of factual or legal basis.
The Regional Building Appeals Board shall render a decision within fifteen (15) 
days from date of receipt of appeal. The Regional Building Appeals Board's decision 
shall be in writing, stating specifically the reason/s or ground/s therefor. In case it 
finds the appeal to be meritorious, the Regional Building Appeals Board shall direct 
the Local Building Official to issue the appropriate permit or order.
The decision of the Regional Building Appeals Board shall become final and 
executory fifteen (15) days after receipt of a copy thereof by the party adversely 
affected unless, within that period, an appeal to the National Building Official has been 
perfected.
Sec. 60. Appeal to the National Building Official. -  Within fifteen (15) days from 
the date of receipt of notice of the decision of the RBAB, the aggrieved party may file 
an appeal to the National Building Official; an appeal shall be deemed perfected upon 
filing of the notice of appeal and posting of the corresponding appeal bond.
The Office of the National Building Official shall render a decision within thirty 
(30) days from perfection of the appeal. The Office of the National Building Official's 
decision shall be in writing, stating specifically the reason/s or ground/s therefor. In 
case the ONBO finds the appeal to be meritorious, the Office of the National Building 
Official shall direct the Local Building Official to issue the appropriate permit or order.
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Sec. 61. Inspection and Supervision o f Work and Building or Structure. -  
Subject to the primat7 responsibility of Building Owners, Building Professionals, and 
Building Contractors to inspect and/or supervise construction and as set forth in this 
Act, the Local Building Official may, upon motion of any aggrieved party or motu 
proprio, visit and inspect at reasonable times the ongoing constructions or existing 
buildings and structures to ensure compliance with the terms and conditions of the 
permits and the provisions of this Act, rules and regulations, and reference standards. 
The National Building Official shall promulgate specific rules and regulations for 
inspection of Group R, Residential buildings and structures, to be carried out by the 
Local Building Official and/or Accredited Inspector.
The Local Building Official shall conduct periodic inspections of existing 
buildings and structures in accordance with Chapter VII of this Act, rules and 
regulations, and reference standards.
CHAPTER X
INCENTIVES AND PENALTIES
Sec. 62. Incentives. -  The National Building Official, in coordination with 
relevant agencies, shall develop and administer incentive schemes, which can be 
administrative, financial, or otherwise, to promote voluntary compliance of existing 
buildings and structures with the provisions of this Act, rules and regulations, and 
reference standards, as well as to encourage all owners of buildings and structures, 
either existing or proposed, to promote the use of environmentally sound or 
sustainable materials, methods, practices, and technologies.
The National Building Official, in coordination with other relevant agencies, may 
also develop and promulgate incentive schemes for owners of both public and private 
buildings to secure insurance coverage for the residual risk after complying with 
mandatory requirements of applicable laws.
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The National Building Official may recommend funding support for local 
government units and communities that have endorsed disaster risk reduction and 
management activities for buildings and structures, especially those falling within the 
classification of Deemed-to-Satisfy or Class PI Structures, in their jurisdictions.
Sec. 63. Prohibited Acts and Omissions. -  The following are prohibited acts and 
omissions:
a. By the Building Owner and/or representative:
1. Misrepresentation 
or submission 
of false 
statements 
or 
documents;
2. Use of unauthorized documents and/or certifications of Building 
Professional/s;
3. Undertaking any construction without the required permit/s;
4. Noncompliance with or violation of the terms and conditions of 
the 
permit, 
including 
prerequisite 
clearances 
by 
other 
government agencies;
5. Not maintaining the building in accordance with the submitted 
maintenance strategy;
6. Engaging non-licensed building professionals in the design, 
review, construction, or certification of building;
7. Engaging non-licensed building contractors in the construction of 
building; and
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8. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
b. By the Building Professional:
1. 
Misrepresentation or false statements;
2. Certifying documents that s/he did not prepare, or certifying acts 
that s/he did not perform;
3. Submission of incorrect or inconsistent drawings, technical 
specifications, calculations, designs, and analyses;
4. Non-compliance with construction methodologies and standards 
in case of a professional in charge of construction;
5. Violation of safety standards prescribed by law or regulations in 
case of a professional in charge of construction;
6. 
Non-submission of duly signed and sealed documents, or 
submission of inconsistent or deceitful documents, such as 
logbook and as-built plans in case of a professional in charge of 
construction; and
7. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
c. By the Building Contractor:
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1. Deviation from the plans and specifications certified by Building 
Professionals and submitted to the Local Building Official, in a way 
that increases the risk to life, health, property, or public welfare;
2. Violation of safety standards prescribed by law or regulations;
3. Not engaging a Building Professional in charge of construction; 
and
4. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
d. by the Accredited Certifier:
1. Misrepresentation or false statements in order to be accredited 
by the Office of the National Building Official;
2. Certifying buildings and structures that do not meet the 
requirements of this Act, rules and regulations, and reference 
standards, and other applicable laws;
3. Refusing or failing to certify buildings and structures that meet 
the requirements of this Act, rules and regulations, and reference 
standards; and
4. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
e. By the Accredited Structural Peer Reviewer:
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1. Misrepresentation or false statements in order to be accredited 
by the Office of the National Building Official;
2. Providing false information to the Building Owner and/or Building 
Professional regarding the review;
3. False certification on the compliance of structural design with this 
Act, rules and regulations, and reference standards; and
4. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
f. By the Accredited Testing Laboratory:
1. Misrepresentation or false statements in order to be accredited 
by the Office of the National Building Official;
2. Misrepresentation or false statements in the tests and/or test 
results of building materials;
3. Tampering with the equipment and instruments;
4. Conducting test methods non-conforming to reference standards; 
and
5. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
g. by the Accredited Inspector:
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1. Misrepresentation or false statements in order to be accredited 
by the Office of the National Building Official;
2. Providing false information to the Local Building Official regarding 
the inspection;
3. False certification on the inspection, in consideration of any offer, 
promise, gift, or present received; and
4. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
h. by the Local Building Official:
1. Arbitrariness in the performance of powers, obligations, and 
functions;
2. Unjustifiable delay or gross negligence in the performance of 
powers, obligations, and functions;
3. Willful engagement of non-accredited inspector;
4. Willful non-compliance with the orders of the National Building 
Official, Office of the National Building Official, and/or Regional 
Building Appeals Board; and
5. Analogous acts, omissions, and violations of this Act, rules and 
regulations, and reference standards.
Sec. 64. Hnes and Penalties. Any prohibited act or omission falling under 
paragraphs (a) -  (h) in Section 63 of this Act shall be subject to the administrative
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fines and penalties to be imposed by the National Building Official, acting through the 
Local Building Official. Such fines shall not be lower than 0.01% nor higher than 1.0% 
of the construction cost, per violation, in accordance with the gravity of the offense 
and the category of violator as provided in Section 63; provided, that the Local Building 
Official may not issue, may suspend, or may revoke any permit issued to the violator, 
as may be appropriate, and/or may order the suspension or cessation of any 
construction until such time that compliance with this Act, rules and regulations, and 
reference standards are undertaken; provided further, that in case the Building Owner 
is also the builder or Building Owner-Builder, the liability is only considered as one and 
that of the Building Owner; provided furthermore, that in case of Building 
Professionals and/or Building Contractors found to commit any of the prohibited acts 
and omissions, the Local Building Official shall also endorse such violation to the 
Professional Regulation Commission (PRC) and the Construction Industry Authority of 
the Philippines (CIAP), respectively, for corresponding administrative sanctions; and 
provided finally, that should there be more than one violator for a single prohibited 
act or omission, their liability shall be solidary.
These administrative sanctions imposed by the National Building Official, 
through the Local Building Official, are without prejudice to the right of any affected 
person to file the appropriate administrative, civil, or criminal action in the proper 
forum.
For offenses falling under paragraph (h) in Section 63 of this Act, the National 
Building Official, upon recommendation of the Regional Building Appeals Board and 
after notice and hearing, may suspend or revoke the appointment or designation of 
the Local Building Official as such, without prejudice to the administrative, civil, or 
criminal liability of said official in accordance with existing laws.
Sec. 65. Criminal Liabilities o f Building Owners, Building Professionals, Building 
Contractors, Accredited Certifiers, Accredited Structural Peer Reviewers, Accredited 
Testing Laboratories, and Accredited Inspectors. In case of gross violation of this Act
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and/or rules and regulations, the National Building Official and/or Local Building 
Official may recommend to the appropriate government agencies the filing of criminal 
charges against the violators. Gross violations shall mean any of the following:
a. Unauthorized change in type of construction from more fire-resistive to less 
fire-resistive;
b. Non-compliance with order to abate or demolish;
c. Non-compliance with cease and desist order for construction;
d. Not having any work being done in the site for more than one hundred 
twenty (120) days and without justifiable cause, for excavations left open 
or building construction abandoned; and
e. Blatant disregard of the orders of the Local Building Official in relation to 
the protection of life, health, property, and public welfare, such as the non­
payment of fines and breaking of seals or operating despite the existence 
of an order for suspension or revocation.
In this case, the offender shall be punished, per violation, by a fine not lower 
than 0.01% nor higher than 1.0% of the construction cost, or by imprisonment of not 
less than six (6) months nor more than six (6) years, or both, at the discretion of the 
court, without prejudice to the civil liability of the offender in accordance with existing 
laws. Where the violation is attended by injury, loss of life and/or loss of property, the 
offender shall be proceeded against under the applicable provisions of the Revised 
Penal Code and other special laws. If the offender is a juridical entity, the officers, 
directors, agents, or employees who willfully and knowingly vote for, assent to, or be 
primarily responsible for the commission of the foregoing violation/s shall be held 
liable.
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Sec. 66. Criminal Liability o f 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.
CHAPTER X I 
FINAL PROVISIONS
Sec. 67. Appropriations. -  The amount needed for the initial implementation of 
this Act shall be taken from the current fiscal budget of the Department; provided, 
however, that such amount as may be necessary to carry out Section 38 of this Act is 
hereby appropriated out of the unappropriated funds of the National Treasury in the 
amount of Three Hundred Sixty Five Million Pesos (PHP 365,000,000). Thereafter, 
Congress shall provide for the appropriations of the Department the annual amount 
needed for the implementation of this Act to be included in the General Appropriations 
Act.
Sec. 68. Transitory Provision. -  There shall be a systematic transition of 
implementation of building regulations and standards from Presidential Decree No. 
1096 to this Act.
To initiate and facilitate the transition, the Secretary, as the National Building 
Official, is mandated to immediately establish the Office of the National Building 
Official within three (3) months of the effectivity of this Act.
City and Municipal Engineers already acting as Local Building Officials in their 
respective jurisdictions, and Local Building Officials already appointed or designated
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by the Secretary and performing as such, shall continue to act in such capacity, until 
new appointments and designations shall be made for Local Building Officials.
Engagement of Accredited Certifiers, Accredited Inspectors, Accredited 
Structural Peer Reviewers, and Accredited Testing Laboratories as provided for in this 
Act, shall take effect following the implementation by the ONBO of the system of 
accreditation, as formulated by the BRSC and promulgated by the NBO. The initial list 
of accredited persons shall be published by the ONBO within one (1) year from the 
promulgation of the system of accreditation.
Consistent with Section 40 and Section 41 of this Act, existing referral codes, 
renamed as reference standards by this Act, shall remain valid until after the National 
Building Official promulgates new, revised, or amended reference standards after the 
review and recommendation of the BRSC.
Provided, that absent reference standards that are locally or nationally adopted 
by the competent government agency for a particular subject, the latest standards by 
the International Organization for Standardization (ISO) may be used as default 
standards.
Sec. 69. Implementing Rules and Regulations. -  The National Building Official, 
upon the recommendation of the Building Regulations and Standards Council and in 
consultation with relevant stakeholders, shall promulgate the Implementing Rules and 
Regulations of this Act, including a system of accreditation of qualified Building 
Professionals as Accredited Certifiers, Accredited Structural Peer Reviewers, and/or 
Accredited Inspectors, and qualified establishments or institutions as Accredited 
Testing Laboratories, within one (1) year from the effectivity of this Act. For this 
purpose, the Secretary, as the National Building Official, is mandated to immediately 
constitute the Building Regulations and Standards Council within three (3) months of 
the effectivity of this Act.
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The National Building Official shall ensure that all buildings owned by 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, shall implement an integrated, or 
whole-building, approach to the siting, planning, design, materials, construction, use, 
occupancy, maintenance, addition, alteration, conversion, rehabilitation, relocation, 
repair, retrofit, and demolition, so they are sustainable, energy efficient, secure and 
safe, cost-effective, accessible, functional, productive, and aesthetic.
The National Building Official shall ensure that this Act is implemented in 
manners that are clear to all stakeholders, through measures that include but are not 
limited to the following.
Every rule or regulation for the administration and enforcement of the 
provisions of this Act, including any standard that may be referenced by such, shall 
clearly indicate the section or sub-section of this Act to which it corresponds.
Subject to Section 5 of this Act, every approved local ordinance with the effect 
of modifying a national rule, regulation, or standard, towards better safeguarding of 
life, health, property, and public welfare, shall clearly indicate the national rule, 
regulation, or standard which it improves.
All forms, tables, charts, illustrations, drawings, and other annexes included 
with rules, regulations, standards, and ordinances shall be systematically, uniquely, 
and clearly labeled, and duly referenced within the text of the associated rule, 
regulation, standard, or ordinance.
Sec. 70. Non-Retroactivity Clause. -  This Act shall have no retroactive effect 
insofar as all buildings and structures constructed under Presidential Decree No. 1096, 
or the National Building Code of the Philippines, as amended, or existing city or 
municipal building ordinances, if legally done in accordance therewith, shall be
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respected subject to such limitations in this Act and except as otherwise stated in 
Section 38 of this Act.
However, additions, alterations, conversions, rehabilitations, relocations, 
repairs, retrofits, and demolitions to be made in such buildings and structures shall be 
subject to the provisions of this Act.
Sec. 71. Mandatory Review. -  Vr\\s Act shall undergo a mandatory review of its 
provisions every five (5) years to make the law more responsive to the needs of the 
times. The review shall be made by Congress, which shall conduct public hearings and 
evaluate the accomplishments and impact of this Act as well as the performance and 
organizational structure of its implementing offices, which shall be the basis of any 
amendment or modification of this Act.
Sec. 72. Separability Clause. -  If any portion of this Act is declared 
unconstitutional or invalid, the other portions which are not affected thereby shall 
continue in full force and effect.
Sec. 73. Repealing Clause. -  Presidential Decree No. 1096, or the National 
Building Code of the Philippines, as amended, is hereby repealed. Sec. 477 of Republic 
Act No. 7160, also known as the Local Government Code, is modified accordingly. 
Other existing laws, decrees, executive orders, and rules and regulations or parts 
thereof that are inconsistent with this Act, are hereby repealed.
Sec. 74. Effectivity Clause. -  This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
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