Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5605

HOUSE BILL No.

INTRODUCED BY CWS PARTY-LIST REPRESENTATIVE ROMEO S. MOMO, SR.

EXPLANATORY NOTE

Presidential Decree No. 1096 or the National Building Code of the Philippines was enacted to
formulate and adopt a uniform building code which shall embody up-to-date and modem technical
knowledge on building design, construction, use, occupancy and maintenance. However, since its
enactment in 1977, no amendments or modifications were introduced to cope up with the
technological advancements in the construction industry and likewise the unpredictable changes in
our environment and natural disasters.

Thus, it is imperative that we introduce a new National Building Code which shall provide a
better framework of minimum standards and requirements that are needed in the regulation and
control of building construction in terms of location, site, design, quality of materials, construction,
use, occupancy and maintenance that is more relevant and appropriate.

With these foregoing reasons, passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5605

INTRODUCED BY CWS PARTY-LIST REPRESENTATIVE ROMEO S. MOMO, SR.

AN ACT
REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND
MAINTENANCE OF BUILDINGS, PROMOTING BUILDING RESILIENCE VERSUS
EARTHQUAKE, FIRE, FLOOD, STORM, AND MULTIPLE HAZARDS, ENACTING A NEW
PHILIPPINE BUILDING ACT, THEREBY REPEALING PRESIDENTIAL DECREE NO. 1096,
AND FOR OTHER PURPOSES

CHAPTERI
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as the “Philippine Building Act of 2019.”

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

SECTION 3. Objectives of 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

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(c) To establish sustainability standards for government-owned buildings, mitigating any negative
environmental, economic, and social impacts.

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

SECTION 5. /nterpretation. 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.

SECTION 6. Definition of Terms. As used in this Act:

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

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

(c) “Accredited 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;

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

“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;

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

“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;

“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;

“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;

“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;

“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;

“Conversion” refers to a change in the use or occupancy of an existing building or structure or any
Pportion/s thereof to another occupancy group or sub-group that has different requirements under this
Act;

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

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

“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;

“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;

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

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“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;

“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;

“Locational Clearance” refers to the document issued by the planning and development officer of the
local government unit certifying that the proposed construction has the appropriate traffic impact
assessment (TIA), is located 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;

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

“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,”

“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;

“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;

“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;

“Repair” refers to remedial work done on any damaged or deteriorated portions of an existing building
or structure to restore its original condition;

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

“Secretary” refers to the Secretary of the Department of Public Works and Highways;

“Special Site” refers to a site that requires special rules and regulations to mitigate potential adverse
impacts of the site conditions;

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

“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;

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

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

Additional definitions shall be included with the implementing rules and regulations and with the reference
standards; provided, that these shall be non-redundant to, non-contradictory with, and only supplementary
to, the definitions as used in this Act.

CHAPTER IL
CLASSIFICATION OF BUILDINGS

SECTION 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.

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

SECTION 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;

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;

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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;

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 Blg. 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.

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

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

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

SECTION 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 P1 Structures” are buildings or structures belonging to sub-
group’s under Group R, Residential, either traditional indigenous family dwellings regardless of number
of floors, or individually constructed dwellings for up to three (3) families, with maximum total gross
floor area limit for each case as prescribed by the National Building Official through rules and
regulations, but shall exclude such structures under any government-approved mass housing project
developed by the government, non-government organization, or private developer. These Deemed-to-
Satisfy or Class P1 Structures shall comply with Simplified Reference Standards as prescribed by the
National Building Official under a simplified permitting process.

(b) “Special Structures” or “Class P3 Structures” are 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

(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

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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.

(c) “Regular Structures” or “Class P2 Structures” are buildings or structures that do not fall under either
one of the classifications of Deemed-to-Satisfy Structures and Special Structures, Regular Structures
shall require the regular permitting process.

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

SECTION 12. Requirements for Each Type of 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.

SECTION 13. Changes in Use or Occupancy and/or Type of Construction According to Fire Resistance
Rating. No change shall be made in the use or occupancy and/or type of construction according to fire
resistivity and fire resistance rating of any building or structure which would place the building or structure
in a different occupancy group or different type of construction, unless such building or structure is made
to comply with the requirements for the new occupancy group or type of construction; provided, that the
change may be approved by the Local Building Official upon determination that the new use or occupancy
and/or type of construction poses less risk to life, health, property, and public welfare, according to rules
and regulations promulgated by the National Building Official.

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CHAPTER Ii
LOCATION, SITING, AND ZONING REQUIREMENTS

SECTION 14. General Requirements for Location, Siting, and Zoning. The site upon which will be
constructed any building or structure shall be sanitary, hygienic, and accessible, and shall not pose high
hazard for the intended use or occupancy, as determined by competent and appropriate authorities and
certified 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
and controlled corporations, and implementing units of the same, in accordance with existing laws and rules
and regulations.

SECTION 15. Protection of the Site Environment. Any proposed construction, including its location, siting,
and use, shall take into account the environment and its conservation and protection. It shall not gravely
affect the heritage and environmental significance of the site; and shall not harm nor aggravate the state of
the neighborhood, environment, and natural resources surrounding it. No construction, its location, siting,
and use shall be allowed without complying with the applicable heritage, environmental, and natural
resources laws and regulations, as determined by competent and appropriate authorities and certified through
a locational clearance and other clearances or certificate/s as prescribed by applicable laws and regulations.

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

SECTION 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 Comprehensive Land Use Plan (CLUP) and/or
hazard maps published by the national government, risk mitigation and adaptation requirements and/or
measures shall be incorporated in the rules and regulations and reference standards as promulgated by the
National Building Official,

SECTION 18. Resilience. Buildings and structures damaged structurally by a disaster or crisis shall adhere
to principles of building back better in post-disaster or post-crisis recovery and reconstruction.

The National Building Official shall cause to integrate disaster risk reduction and management measures in
the rules and regulations and reference standards for planning, design, and reconstruction of buildings and

structures.

The National Building Official shall promulgate specific rules and regulations and reference standards for
temporary post-disaster or post-crisis structures.

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CHAPTER IV
DESIGN REQUIREMENTS

SECTION 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 Blg. 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.

SECTION 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 materials used structurally in excavation, footings,
and in foundations shall conform to prescribed reference standards and accepted engineering practice.

SECTION 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.

SECTION 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.

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

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

SECTION 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.

SECTION 26. Energy and Energy Efficiency. The design of buildings and structures shalll 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

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

As required by the occupancy group, buildings and structures shall be designed to provide services and
facilities including but not limited to the following: light and ventilation; water supply; drainage; 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.

CHAPTER V
CONSTRUCTION REQUIREMENTS

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

Use of materials, pieces of equipment, plants, and tools, and selection of personnel shall conform to
teference 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.

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

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.

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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 (AITECH) Committee or its successor agency.

Provided further, that the Office of the National Building Official shall establish and accredit another
competent national agency to be in charge of accreditation of innovative technologies, including so-called
smart and/or green technologies, that are for applications other than socialized or economic housing

Provided finally, that nothing in this Act shall be interpreted to prevent the National Building Official from
causing the establishment and accreditation of a unified competent national agency to be in charge of
accreditation of innovative technologies for various construction applications.

SECTION 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.

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

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

SECTION 33. Construction and Demolition Waste Management. All buildings shall be constructed with
proper management of construction and demolition waste.

CHAPTER VI
BUILDING MATERIALS

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

The use of building materials and components must be safe for the health of users or occupants and must
not cause any substantive negative impact to the environment such as, but not limited to, air, water, and soil.

Provided, that product standards promulgated by competent national agency shall be harmonized with or
incorporated together with the reference standards under this Act.

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

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CHAPTER VII
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS

SECTION 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

SECTION 37. Maintenance, Inspection, and Assessment of Buildings and Reporting to the ONBO. All
buildings shall undergo regular maintenance and inspection in accordance with each building’s maintenance
strategy. There shall be rules and regulations to guide the preparation, approval, and implementation of
appropriate maintenance strategies for buildings and structures, promulgated by the National Building
Official. 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 P1 Structures and Regular or Class P2 Structures in conducting a
simplified or regular inspection of their buildings.

For buildings and structures with occupancies falling under Group A, Group D, Group E, or Group Z, there
shall be periodic inspections by 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 15" 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 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 P1 Structures and Regular or
Class P2 Structures.

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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.

SECTION 38. Special Provision for Buildings Completed More than 15 Years Prior to the Effectivity of
this Act. To ensure the safety of the people and to reduce risks, Special or Class P3 Structures and buildings
and structures with occupancies falling under Group A and Group E, that were completed in 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

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 of both public and private buildings in hazard zones,
such as but not limited to those near earthquake fault lines or in coastal zones affected by sea level rise, or
in hazard zones or areas otherwise identified in hazard maps, or those used for assemblies in large numbers
and/or by vulnerable users or occupants

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

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

For purposes of this Section, dangerous or ruinous buildings are buildings or structures determined by the
Local Building Official to be structurally 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

Page 14 of 32


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

CHAPTER VIII
ADMINISTRATION

SECTION 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”;

(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;

Page 15 of 32


(kK)

10)

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

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

SECTION 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;

(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 education institution involved
in the training of building 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.

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.

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(b)

©)

(d)

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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 (OIC) Undersecretary for
Technical Services of the Department shall act as the Chair of the Council.

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

Duties and Responsibilities. The Building Regulations and Standards Council shall have the following

duties and responsibilities:

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

(2) Formulate and recommend policies and strategies, for design and construction, with reference
to global standards, 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

Technical Working Groups (TWGs). To support the BRSC in the performance of its duties and
responsibilities, the National Building Official shall constitute Technical Working Groups (TWGs)
composed of relevant stakeholders.

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.

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

Page 17 of 32


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.

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

SECTION 42. Office of the National Building Official (ONBO). The Office of the National Building
Official, within the Department, is hereby created to provide sufficient technical, legal, administrative, and
support 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 Services. It shall comprise highly qualified
personnel eligible to act as building professionals, scientists, or technicians who possess diversified and
professional experience in the field of building design and construction, and lawyers.

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

SECTION 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 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

Page 18 of 32


same matter, the decision of the RBAB shall be subject to review by the National Building Official pursuant
to Section 60 of this Act.

SECTION 44. Offices of 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
Tecommendees of the mayors of the cluster, subject to civil service law and rules and regulations.

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.

SECTION 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.

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SECTION 46. Sharing and Use of Fees and Fines. Out of the total collection derived from fees, permit
fees, fines, and other charges, the Office of 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 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 ina 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.

SECTION 47. Qualifications of Local Building Officials. No person shall be appointed as a Local Building

Official unless the person possesses the following qualifications:

(a) _A Filipino citizen and of good moral character;

(b) A duly registered 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.

Page 20 of 32


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

(a) Approve 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;

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

(h) Validate and submit data on a computerized national database of buildings and structures, for 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

()__ 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.

SECTION 49. Responsibilities of Building Owners. To promote accountability, Building Owners and

Building Owner-Builders shall be responsible for their compliance with the provisions of this Act, rules and

regulations, and reference standards. These responsibilities shall include but not be limited to:

(a) 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 P1 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 P1 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.

SECTION 50, Responsibilities of 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.

(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.

SECTION 51. Responsibilities of 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.

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CHAPTER IX
PERMITS AND INSPECTIONS

SECTION 52. Types of Permit. The Building Owner of any proposed construction or existing building or

structure must secure the appropriate permit from the Local Building Official, prior to the start of such work

or occupancy:

(a) Building Permit — a permit for the construction of building or structure or any addition, alteration,
conversion, 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.

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.

SECTION 53. Detailed Classification of Buildings for Permitting Purposes. The National Building Official
shall prescribe the requirements for and procedure in securing the different types of permit, as may be
appropriate, based on the classification of buildings 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 Pl 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 P1 Structures
including Traditional Indigenous Family Dwellings.

SECTION 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

Page 23 of 32


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

The National Building Official may require the payment of corresponding fees according to a schedule
provided in the rules and regulations and shall prescribe such other standard requirements to be submitted
with the duly accomplished permit application; provided, that no application fees shall be required for
Deemed-to-Satisfy or Class P1 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.

SECTION 55. Processing of 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 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.

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

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

A permit issued under the provisions of this Act shall expire and become null and void if the building or
work authorized therein is not commenced within a period of one (1) year after the issuance of the permit.

Page 24 of 32


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.

SECTION 57. Grounds for Non-issuance, Suspension, or Revocation of Permit, The Local Building

Official may order or cause the non-issuance, suspension, or revocation of permits on any or all of the

following reasons or grounds:

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

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

(©) Use of sub-standard building material or sub-standard workmanship and refusal to rectify upon notice;

(@) 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.

SECTION 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.

SECTION 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 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.

SECTION 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

Page 25 of 32


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.

SECTION 61. Inspection and Supervision of Work and Building or Structure. Subject to the primary
responsibility of Building Owners, Building Professionals, and Building Contractors to inspect and/or
supervise construction and as set forth in this Act, the Local Building Official may, upon motion of any
aggrieved party or motu proprio, visit and inspect at reasonable times the ongoing constructions or existing
buildings and structures to ensure compliance with the terms and conditions of the permits and the provisions
of this Act, rules and regulations, and reference standards. The National Building Official shall promulgate
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.

SECTION 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,

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 P1 Structures, in
their jurisdictions.

SECTION 63. Prohibited Acts and Omissions. The following are prohibited acts and omissions:
(a) _ by the Building Owner and/or representative:
(1) misrepresentation or submission of false statements or documents;

(2) use of unauthorized documents and/or certifications of Building Professional/s;

Page 26 of 32


(b)

©

(d)

)

@)
@)

(3)
(6)

A)
(8)

undertaking any construction without the required permit/s;

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

not maintaining the building in accordance with the submitted maintenance strategy;

engaging non-licensed building professionals in the design, review, construction, or certification
of building:

‘engaging non-licensed building contractors in the construction of building; and

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

by the Building Professional:

a)
2)
GB)
(4)
()

(6)

1)

misrepresentation or false statements;

certifying documents that s/he did not prepare, or certifying acts that s/he did not perform;
submission of incorrect or inconsistent drawings, technical specifications, calculations, designs,
and analyses;

non-compliance with construction methodologies and standards in case of a professional in
charge of construction;

violation of safety standards prescribed by law or regulations in case of a professional in charge
of construction;

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

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

by the Building Contractor:

ay

2)
QB)
(4)

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;

violation of safety standards prescribed by law or regulations;

not engaging a Building Professional in charge of construction; and

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

by the Accredited Certifier:

a
Q)
GB)

@

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

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

refusing or failing to certify buildings and structures that meet the requirements of this Act, rules
and regulations, and reference standards; and

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

by the Accredited Structural Peer Reviewer:

Page 27 of 32


ay
(2)
3)

(4)

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

providing false information to the Building Owner and/or Building Professional regarding the
review;

false certification on the compliance of structural design with this Act, rules and regulations,
and reference standards; and

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

(8) by the Accredited Testing Laboratory:

a

Q)
@)
(4)
(6)

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

misrepresentation or false statements in the tests and/or test results of building materials;
tampering with the equipment and instruments;

conducting test methods non-conforming to reference standards; and

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

(g) _ by the Accredited Inspector:

ay

(2)
G)

@)

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

providing false information to the Local Building Official regarding the inspection;

false certification on the inspection, in consideration of any offer, promise, gift, or present
received; and

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

(h) _ by the Local Building Official:

10)
Q)
GB)
(4)

(3)

arbitrariness in the performance of powers, obligations, and functions;

unjustifiable delay or gross negligence in the performance of powers, obligations, and functions;
willful engagement of non-accredited inspector,

willful non-compliance with the orders of the National Building Official, Office of the National
Building Official, and/or Regional Building Appeals Board; and

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

SECTION 64. Fines and Penalties. Any prohibited act or omission falling under paragraphs (a) ~ (h) in
Section 63 of this Act shall be subject to the administrative fines and penalties to be imposed by the National
Building Official, acting through the Local Building Official. Such fines shall not be lower than 0.01% nor
higher than 1.0% of the construction cost, per violation, in accordance with the gravity of the offense and
the category of violator as provided in 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

Page 28 of 32


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

SECTION 65. Criminal Liabilities of Building Owners, Building Professionals, Building Contractors,

Accredited Certifiers, Accredited Structural Peer Reviewers, Accredited Testing Laboratories, and

Accredited Inspectors. In case of gross violation of this Act and/or rules and regulations, the National

Building Official and/or Local Building Official may recommend to the appropriate government agencies

the filing of criminal charges against the violators. Gross violations shall mean any of the following:

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

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

(c) non-compliance with cease and desist order for construction;

(a) _ 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 which case, the offender shall be punished, per violation, by a fine not lower than 0.01% nor higher than
1.0% of the construction cost, or by imprisonment of not less than six (6) months nor more than six (6)
years, or both, at the discretion of the court, without prejudice to the civil liability of the offender in
accordance with existing laws. Where the violation is attended by injury, loss of life and/or loss of property,
the offender shall be proceeded against under the applicable provisions of the Revised Penal Code and other
special laws. If the offender is a juridical entity, 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.

SECTION 66. Criminal Liability of Local Building Officials and Staff. Any Local Building Official and/or
staff who shall conspire to commit any of the enumerated gross violations with any offender as provided in
Section 65 of this Act shall be punished, per violation, by a fine not lower than 0.01% nor higher than 1.0%
of the construction cost involved, or by imprisonment of not less than six (6) months nor more than six (6)
years, or both, at the discretion of the court, without prejudice to the civil liability of the offender in
accordance with existing laws.

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CHAPTER XI
'INAL PROVISIONS

SECTION 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.

SECTION 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 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.

SECTION 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

Page 30 of 32


National Building Official, is mandated to immediately constitute the Building Regulations and Standards
Council within three (3) months of the effectivity of this Act

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.

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

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

SECTION 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.

Page 31 of 32


SECTION 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.

SECTION 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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