Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS ENCISO VIII 
EXPLANATORY NOTE 
Climate change and the frequency of natural disasters that hit the country make it 
necessary for us to update our building and construction laws. Improvement in building 
regulation and standards should at least help us respond to our vulnerabilities 
including earthquakes, typhoons, and volcanic eruptions due to the country being 
situated along the Pacific Ring of Fire. 
The World Risk Report of the United Nations University Institute of Environment and 
Human Security (UNU-EHS) affirmed the vulnerability of the Philippines by ranking it 
the 9th most affected country by extreme weather events in 2020.1 A news report cited 
that the Philippines is still struggling to recover from Super Typhoon Odette which 
walloped the country in 2021, causing agricultural damages worth Php 11.1 billion and 
property damages of up to Php 17.5 billion.2 
Building construction plays a critical role in mitigating the impact of natural disasters. 
For example, New Zealand, though experiencing about 100 to 150 earthquakes a 
year, is able to keep the average number of fatalities down to three per year. They 
enforce mandatory retrofitting for buildings not up to par with current codes on top of 
a strict compliance policy for all new developments. On the other hand, 87% of 
buildings in Tokyo, Japan is reported to be earthquake-proof. 
The bill proposes to institutionalize a system that will provide for periodic review and 
flexible mechanisms in the updating of regulations and standards and which will 
strengthen the participation of relevant stakeholders, taking into account the 
importance of allowing for continuing innovation in building design and construction. It 
1 https://cpbrd.congress.gov.ph/images/PDF%20Attachments/Facts%20in%20Figures/FF2021-
20_World_Risk_Index_2020.pdf 
2 https://reliefweb.int/report/philippines/philippines-hit-over-half-billion-dollars-damages-typhoon-rai-farming-
and-fishing 
August 16, 2022
2:32 pm
3686


 
2
likewise seeks to provide the effective regulation of planning, design, construction, 
occupancy, and maintenance of all public and private buildings and structures. 
 
The immediate passage of this bill is most earnestly sought. 
 
 
 
 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.             MIGUEL LUIS R. VILLAFUERTE   
 
 
 
 
TSUYOSHI ANTHONY G. HORIBATA  
 
 
NICOLAS ENCISO VIII 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


3
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS ENCISO VIII 
AN ACT  
REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND 
MAINTENANCE OF BUILDINGS, PROMOTING BUILDING RESILIENCE VERSUS 
FIRE, FLOOD, STORM, EARTHQUAKE AND MULTIPLE HAZARDS, ENACTING 
A NEW PHILIPPINE BUILDING ACT, THEREBY REPEALING PRESIDENTIAL 
DECREE NO. 1096, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER 1 
GENERAL PROVISIONS 
SECTION 1. Short Title. – This Act shall be known as the “Philippine Building Act”. 
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: 
3686


4
a.
To provide for the effective regulation of planning, design, construction,
occupancy, and maintenance of buildings and structures, the establishment of a
permitting process based on their classifications, and the setting of reference
standards to:
1.
Safeguard life and protect people from injury;
2.
Ensure the health and well-being of the people who use them, without
impinging on the safety of the general public or endangering the
environment;
3.
Protect property from physical damage; and
4.
Reduce and manage hazards, exposures, and vulnerabilities, thereby
minimizing disaster risk;
b.
To promote the accountability of relevant stakeholders in ensuring enforcement
of and compliance with this Act, rules and regulations, and reference standards;
and
c.
To establish sustainability standards for government-owned buildings, mitigating
any negative environmental, economic, and social impacts.
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. Interpretation. – Nothing in this Act shall be interpreted to prevent local 
government units, pursuant to local autonomy, from enacting local ordinances relating 
to buildings or structures and their location, siting, and planning that will better 
safeguard life, health, property, and public welfare, consistent with the objectives of 
this Act. 
Such local ordinances by local government units of contiguous jurisdictions shall 
be harmonized for purposes of buildings that may straddle territories of local 
government units. 
Before such local ordinance shall take effect, concurrence by the National 
Building Official shall be required through the review process specified in the 
promulgated rules and regulations. 


5
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 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 10 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 15
accredited by the Office of the National Building Official to perform tests to 16
determine if the building materials and components used in the construction 17
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;


 
6
f.  
Alteration refers to any construction in an existing building or structure 24 
involving changes in the materials used, partitioning, location or size of 25 
openings, structural parts, existing utilities, and/or equipment but does not 
increase the building height nor floor area; 
 
g.  
Ancillary Structure refers to a structure intended to provide support to main 29 
buildings or structures, which may include: bank and records vaults; 30 
swimming pools; firewalls separate from the building or structure; towers; 31 
silos; smokestacks; chimneys; commercial or industrial fixed ovens; industrial 
kilns or furnaces; water or waste treatment tanks; septic vaults; concrete and 
steel tanks; booths, kiosks, and stages; tombs, mausoleums, and niches; and 
similar structures; 
 
h.  
Build Back Better refers to planning, based on the evolving or evolved disaster 
risks and ahead of disasters, to finance, design, and build after a disaster or crisis 
with consideration of the need to further strengthen disaster preparedness for 
response, take action in anticipation of events, and ensure capacities are in place 
for effective response, recovery, and reconstruction; 
 
i.  
Building refers to any temporary or permanent structure, anchored to the ground, 
for the shelter, enclosure, or support of persons, animals, machinery, or chattels; 
 
j.  
Building Contractor refers to a person duly registered and licensed by the 
Philippine Contractors Accreditation Board, whose proposal has been accepted 
and to whom was awarded the contract to execute the construction; for this 
purpose, "contract" means an agreement, regardless of titles such as prime 
contract, subcontract, or deed of assignment; 
 
k.  
Building Owner refers to a person who orders construction work for a building or 
structure by contract; or a person undertaking one's own construction without 
engaging a Building Contractor therefor, as owner builder; or a person holding 
the legal right of possession or title to a building or structure; 
 


 
7
l.  
Building Professional refers to a person lawfully engaged in the design, 
construction, or inspection of a building or structure, who is duly registered and 
licensed by the Professional Regulation Commission (PRC), through a 
professional regulatory law for each profession, to provide such services; 
 
m.  Building Site the lot, which is described by technical descriptions delineating 
boundaries of the property to be developed, over which the 4 Building Owner has 
a title or legal right to build; for design purposes, the term shall also cover areas 
and spaces around the lot, the conditions of which bear on the operability and 
safety of the building or structure; 
 
n.  
Construction refers to any and all on-site work including but not limited to 
preparation, excavation, foundation, and assembly or installation of components, 
utilities, machinery, and equipment of building or structure; 
 
o.  
Conversion refers to a change in the use or occupancy of an existing building or 
structure or any portion/s thereof to another occupancy group or sub-group that 
has different requirements under this Act; 
 
p.  
Demolition refers to the systematic dismantling, destruction, or removal of a 
building or structure, in whole or in part; 
 
q.  
Department means the Department of Public Works and Highways (DPWH); 
 
r.  
Exposure refers to people, property, systems, or other elements present in 
hazard zones that are thereby subject to potential losses, or to the degree to 
which the elements at risk are likely to experience hazard events of different 
magnitudes; 
 
s.  
Fire Resistance Rating refers to the time, in minutes or hours, that a building 
material, assembly, or type of construction can withstand fire exposure as 
determined by generally recognized and accepted testing methods; 
 


 
8
t.  
Hazard refers to a dangerous phenomenon, substance, human activity, or 
condition that may cause loss of life, injury or other health impacts, property 
damage, loss of livelihood and services, social and economic disruption, or 
environmental damage; 
 
u.  
Hazard Zone refers to an area identified in generally recognized and accepted 
hazard maps as exposed to natural hazards, such as floods, wind storms, storm 
surges, landslides, volcanic eruptions, and earthquakes; 
 
v.  
Innovative Construction Technology refers to a construction technology that is 
emerging or being reintroduced locally or nationally in the field of construction, 
with corresponding evidence of acceptable performance from laboratory tests, 
field tests, and/or analytical studies to comply with Chapter V and Chapter VI of 
this Act, rules and regulations, and reference standards; 
 
w.  
Locational Clearance refers to the document issued by the planning and 
development officer of the local government unit certifying that the proposed 
construction has the appropriate traffic impact assessment (TIA), is located in an 
appropriate zone, and does not violate the Comprehensive Land Use Plan 
(CLUP), any zoning ordinance or regulation of the concerned local government 
unit, nor other applicable laws, ordinances or regulations, which document is 
submitted to the Local Building Official in support of an application for a permit; 
 
x.  
Permit refers to any of the permits that may be issued by the Local Building 
Official as set forth in this Act; 
 
y.  
Reference Standards refers to technical standards that the National Building 
Official promulgates through 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;" 
 
z.  
Rehabilitation 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; 


 
9
 
aa.  Relocation refers to the transfer of an existing building or structure or 7 portion/s 
thereof from original location or position to another, either within the same site or 
to a different one; 
 
bb.  Renovation refers to any physical change made on an existing building or 
structure to increase the value or improve the quality and/or aesthetics, without 
addition to building height or floor area, nor alteration of structural parts; 
 
cc.  Repair refers to remedial work done on any damaged or deteriorated portion/s of 
an existing building or structure to restore its original condition; 
 
dd.  Retrofit refers to the construction of any new element or system, or the alteration 
of any element or system, required to bring an existing building 20 or structure, 
or portion thereof, into conformance with this Act, rules and regulations, and 
reference standards; 
 
ee.  Secretary refers to the Secretary of the Department of Public Works and 
Highways; 
 
ff.  
Special Site refers to a site that requires special rules and regulations to mitigate 
potential adverse impacts of the site conditions; 
 
gg.  Structure refers to that which is built or constructed, an edifice, or building of any 
kind, or any piece of work artificially built up or composed of parts joined together 
in some definite manner, but shall not include streets, highways, bridges and 
viaducts, railroads, canals, river and shore improvements, dry docks, dams, 
irrigation, flood protection, tunnels, transmission towers and lines, and structures 
regulated by other national laws or competent national agencies; 
 
hh.  Traditional Indigenous Family Dwelling refers to a residential building or structure 
intended for the use and occupancy by the family of the owner only and 
constructed with native or local materials such as nipa, cogon, bamboo, log, 


 
10
lumber, or stone, the estimated total cost of which does not exceed the limit 
prescribed by the National Building Official through rules and regulations; 
 
ii.  
Vulnerability refers to the characteristics and circumstances of a community, 
system or asset that make it susceptible to the damaging effects of a hazard; 
vulnerability may arise from various physical, social, economic, and 
environmental factors such as poor design and construction of buildings, 
inadequate protection of assets, lack of public information and awareness, 
limited recognition of risks and preparedness measures, and disregard for sound 
environmental management; and 
 
jj.  
Zoning refers to the division of a city or municipality into zones or sub-zones and 
overlay zones according to present and potential uses of land to maximize, 
regulate, and direct their use and development in accordance with the 
Comprehensive Land Use Plan (CLUP). 
 
Additional definitions shall be included in the implementing rules and regulations and 
with the reference standards; Provided, that these shall be non28 redundant to, non-
contradictory with, and only supplementary to, the definitions as used in this Act. 
 
CHAPTER II 
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. 


 
11
 
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; 
 
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; 
 


 
12
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 hazards, 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. 


 
13
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.  
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.  
  
c.  
Special Structures or Class P3 Structures are buildings or structures that are 
distinguished by special physical attributes in terms of size, span, or form, and/or 
by nature of use or occupancy. These structures shall be any of the following: 


 
14
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. 
For buildings and structures that have non-regular structural form (sub-class 10 
(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 


 
15
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. 
 
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. 
 
CHAPTER III 
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 


 
16
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 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 clearance/s 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 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. 


 
17
The National Building Official shall cause to integrate disaster risk reduction and 
management measures in the rules and regulations and reference standards for 
planning, design, and reconstruction of buildings and structures. 
The National Building Official shall promulgate specific rules and regulations and 
reference standards for temporary post-disaster or post-crisis structures. 
 
CHAPTER IV 
DESIGN REQUIREMENTS 
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 Bldg. 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. 


 
18
All fire safety constructions as defined by the Fire Code of the Philippines shall 
be designed in accordance with specific rules and regulations and reference standards 
under this Act. 
 
Sec 22. Protection from Moisture and Surface Water. – All buildings shall be 
designed to provide adequate resistance to penetration by, and the accumulation of, 
excessive moisture and surface water. 
 
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 shall include, wherein required, practices and technologies that maximize 
energy efficiency. 
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 wellbeing of the users or occupants and the general public. 
Constructability and ease of maintenance of the services and facilities shall be highly 
considered in the design. 
As required by the occupancy group, buildings and structures shall be designed 
to provide services and facilities including but not limited to the following: light and 
ventilation; water supply; drainage; wastewater disposal; solid waste management; 


 
19
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 reference standards on materials, methods, and practices, 
in order to ensure quality of material and quality of workmanship. Builders shall 
promote quality of construction as one of the essential links to the reduction of the 
vulnerability of the building or structure to hazards. 
 
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 


 
20
innovative construction technology with prior certification shall be deemed to satisfy 
the requirement of structural peer review. 
Provided, that innovative technologies appropriate for socialized and economic 
housing, which are low-cost housing as covered by Batas Pambansa Bldg. 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 wellbeing 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 


 
21
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. 
 
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 
Repotting 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. 


 
22
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 15th year from date of completion of the building and every 15 years thereafter in 
the case of Special or Class P3 Structures. In cases of addition, alteration, conversion, 
rehabilitation, relocation, repair, and/or retrofit requiring more recent structural stability 
assessment and corresponding certification and clearance, the date of reckoning of 
15 years for purposes of this Section shall be counted from the completion date of the 
latest building permit that involved the most recent structural stability clearance under 
this Act. The National Building Official shall promulgate rules and regulations and 
reference standards for mandatory inspection and assessment of buildings as to 
structural stability and fire safety construction, specific to the various building 
classifications; provided, that Accredited Certifiers need not be engaged for Deemed-
to-Satisfy or Class PI Structures and Regular or Class P2 Structures. The National 
Building Official shall promulgate specific rules and regulations for mandatory 
inspection and assessment of all buildings as to structural stability and fire safety 
construction after regional catastrophic events such as, but not limited to, widely 
destructive earthquakes and typhoons. The determination of an event that is 
catastrophic as to warrant mandatory assessment of all buildings in a geographic area 
shall be made by the National Building Official in consultation and coordination with 
other government agencies. 


 
23
 
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 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 


 
24
action that may be taken under the provisions of Articles 482 and 694 to 707 of the 
Civil Code of the Philippines and other existing laws. 
For purposes of this Section, dangerous or ruinous buildings are buildings or 
structures determined by the Local Building Official to be structurally unstable; or not  
provided with safe egress; or which constitute a fire hazard; or are otherwise  
dangerous to human life; or which in relation to existing use, constitute a hazard to  life 
safety, health, or public welfare because of inadequate maintenance, dilapidation,  
obsolescence, or abandonment; or which otherwise contribute to the pollution of the 
site or the community to an intolerable degree. 
Abatement and/or rehabilitation of buildings and structures covered under 
Republic Act No. 10066, or the National Cultural Heritage Act of 2009, shall be 
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 (NBD): 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 


 
25
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; 
 


 
26
k.  
Enlist the aid and support of, and/or deputize any and all enforcement agencies 
of the government in the implementation of his powers and functions under this 
Act, rules and regulations, and reference standards; and 
 
l.  
Exercise such other powers and perform such functions as may be needed to 
carry out the objectives of this Act, rules and regulations, and reference 
standards. 
 
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 


 
27
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. 
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. 
a.  
Duties and Responsibilities. The Building Regulations and Standards Council 
shall have the following duties and responsibilities: 
1.  
Review existing rules and regulations and existing referral codes, renamed 
as reference standards under this Act, and/or formulate new ones in line 
with the provisions of this Act and rules and regulations; 


 
28
 
 2.  Formulate and recommend policies and strategies, for design and 
construction, with reference to global standards, and taking into account 
local conditions; 
 
 3.  Formulate a system of accreditation of qualified Building Professionals as 
Accredited Certifiers, Accredited Structural Peer Reviewers, and/or 
Accredited Inspectors, and qualified establishments or institutions as 
Accredited Testing Laboratories; 
 
 4.  Collect relevant information, conduct research, and support studies on all 
matters relating to design and construction, such as, but not limited to, the 
performance and results achieved of the standards in mainstreaming 
disaster risk reduction and management in building planning, design, 
construction, occupancy, and maintenance; 
 
5.  
Submit recommendations, including rules and regulations and reference 
standards, to the National Building Official for approval; 
 
6.  
Submit an annual report to the National Building Official; and 
 
7.  
Perform such other functions that the National Building Official may 
authorize or assign as may be necessary in carrying out the objectives of 
this Act. 
 
b.  
Technical Working Groups (TVVGs). To support the BRSC in the performance 
of its duties and responsibilities, the National Building Official shall constitute 
Technical Working Groups (TV/Gs) composed of relevant stakeholders. 
 
 c.  Secretariat. The BRSC shall have its Secretariat personnel separate from the 
Office of the National Building Official, to assist in the operation of the Council 
and TWGs. 
 


 
29
 d.  Procedures. The National Building Official, in consultation with relevant  
stakeholders, shall prescribe, based on rules and regulations, the procedures of 
the Building Regulations and Standards Council, ensuring the  periodic review of 
reference standards every five (5) years and the participation of the relevant 
stakeholders including, but not limited to,  building officials, building developers, 
building owners, building managers or administrators, building professionals and 
professional organizations,  building contractors, and higher education 
institutions, in setting performance standards for design and construction. 
 
e.  
The BRSC budget shall be included in the annual budget of the Department. 
 
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. 
 


 
30
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 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. 


 
31
Depending upon their needs and in order to improve their frontline services, 
second to sixth-class municipalities may create and operate a separate Office of the 
Local Building Official upon request to and approval by the National Building Official.  
These municipalities, if adjacent and accessible to each other, may also opt to request 
the National Building Official to create and operate an Office of the Local Building 
Official to serve the clustered municipalities, which office shall be under the National 
Building Official. This cluster Office shall be located at a municipality within the cluster 
as determined by the National Building Official. Each cluster of municipalities may 
recommend to the National Building Official the appointment of one Local Building 
Official for such cluster from a list of at least three (3) qualified recommendees of the 
mayors of the cluster, subject to civil service law and rules and regulations. 
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. 


 
32
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. 
 
SECTION46. 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 in a special account created by the Local Treasurer,  
to answer for its maintenance and other operating expenses, cause to remit 65% to 
the National Building Official, and cause to divide the remaining 20% between or 
among the clustered municipalities in proportion to the total fees and fines originating 
from each municipality, and to accrue to their respective general funds. 
The share of income to be remitted to the National Building Official shall be used 
to cover honoraria for the BRSC Secretariat, BRSC TWGs, RBABs, and other 
operating expenses of the BRSC, ONBO, RBABs, and cluster OLBOs. 
Any provision of law to the contrary notwithstanding, the National Building Official 
is hereby authorized to prescribe the procedures for the use of the 15% retained for 
the Office of the Local Building Official. Such income may be used to cover  necessary 
operating expenses including the purchase of equipment, supplies, and  materials; 
expenses for travel; continuing education and training programs; engaging  Accredited 
Inspectors and Accredited Structural Peer Reviewers; obligation expenses  including 
attorney's fees and other legal expenses, including sheriff's fees as well as  hazard 
pay for employees and/or authorized representatives of the Office of the Local  
Building Official when the cause is in line with the performance of duties; and payment  
of other prior years' obligations not adequately funded, subject to existing budgetary 
and auditing rules and regulations. 
 


 
33
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. 
 
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; 


 
34
 
c.  
Enter any building, structure, or its premises at reasonable times to inspect and 
determine compliance with the requirements of this Act, rules and regulations, 
and reference standards, as well as the terms and conditions of the permit/s 
issued; provided, that in case of single-family dwelling, an inspection by the Local 
Building Official and/or Accredited Inspector must be upon the consent of the 
occupant or upon lawful order from the proper court; 
 
d.  
Engage qualified and nationally-accredited Building Professionals as inspectors 
and/or structural peer reviewers; 
 
e.  
Order the work stopped and prescribe the terms and/or conditions for the work 
to be allowed to resume, or issue any appropriate order, including cease and 
desist order and demolition order, when any construction is found to be contrary 
to the provisions of this Act, rules and regulations, reference standards, and the 
terms and conditions of the permit/s issued; 
 
f.  
Order the discontinuance of the use or occupancy of any building or structure, or 
a portion thereof, found to be used or occupied contrary to the provisions of this 
Act, rules and regulations, and reference standards, and/or the terms and 
conditions of the permit/s issued; 
 
g.  
Keep a permanent record and accurate account of all fees, fines, and other 
charges fixed and authorized by the National Building Official to be collected and 
received under this Act; 
 
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 
 


 
35
j.  
Exercise such powers and perform such other functions needed to assist the 
National Building Official in carrying out the objectives of this Act, rules and 
regulations, and reference standards. 
 
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 
 
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. 


 
36
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 


 
37
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 solidarity responsible for 
the acts and omissions of their representatives, agents, subcontractors, and/or 
employees in relation to construction. They shall engage Building Professionals in-
charge of construction. 
 
CHAPTER IX 
PERMITS AND INSPECTIONS 
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 


 
38
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 P1 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. 


 
39
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 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 completeness and  
integrity of the application documents supported by the appropriate certifications of  


 
40
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. 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; 
 
b.  
Substantial errors found in plans and specifications; 
 
c.  
Use of sub-standard building material or sub-standard workmanship and refusal 
to rectify upon notice; 
 
d.  
Without any work being done in the site for more than one hundred twenty (120) 
days for excavations left open or building construction abandoned; and 
 


 
41
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 


 
42
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 Official; an appeal shall be deemed perfected 
upon 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, 


 
43
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; 
3.  
Undertaking any construction without the required permit/s; 
4.  
Noncompliance with or violation of the terms and conditions of the permit, 
including prerequisite clearances by other government agencies; 
5.  
Not maintaining the building in accordance with the submitted maintenance 
strategy; 
6.  
Engaging non-licensed building professionals in the design, review, 
construction, or certification of building; 
7.  
Engaging non-licensed building contractors in the construction of building; 
and 
8.  
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
b.  
By the Building Professional: 
1. 
Misrepresentation or false statements; 
2. 
Certifying documents that s/he did not prepare, or certifying acts that s/he 
did not perform;  
 


 
44
3. 
Submission of incorrect or inconsistent drawings, technical specifications, 
calculations, designs, and analyses; 
4. 
Non-compliance with construction methodologies and standards in case of 
a professional in charge of construction; 
5. 
Violation of safety standards prescribed by law or regulations in case of a 
professional in charge of construction; 
6. 
Non-submission of duly signed and sealed documents, or submission of 
inconsistent or deceitful documents, such as logbook and as-built plans in 
case of a professional in charge of construction; and 
7. 
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
c.  
By the Building Contractor: 
1.  
Deviation from the plans and specifications certified by Building 
Professionals and submitted to the Local Building Official, in a way that 
increases the risk to life, health, property, or public welfare; 
2.  
Violation of safety standards prescribed by law or regulations; 
3.  
Not engaging a Building Professional in charge of construction; and 
4.  
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
d.  
By the Accredited Certifier: 
1.  
Misrepresentation or false statements in order to be accredited by the Office 
of the National Building Official; 
2.  
Certifying buildings and structures that do not meet the requirements of this 
Act, rules and regulations, and reference standards, and other applicable 
laws; 
3.  
Refusing or failing to certify buildings and structures that meet the 
requirements of this Act, rules and regulations, and reference standards; 
and 
4.  
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
e.  
By the Accredited Structural Peer Reviewer: 


 
45
1.  
Misrepresentation or false statements in order to be accredited by the Office 
of the National Building Official; 
2. 
Providing false information to the Building Owner and/or Building 
Professional regarding the review; 
3. 
False certification on the compliance of structural design with this Act, rules 
and regulations, and reference standards; and 
4. 
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
f.  
By the Accredited Testing Laboratory: 
1.  
Misrepresentation or false statements in order to be accredited by the Office 
of the National Building Official; 
2.  
Misrepresentation or false statements in the tests and/or test results of 
building materials; 
3.  
Tampering with the equipment and instruments; 
4.  
Conducting test methods non-conforming to reference standards; and 
5.  
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
g.  
By the Accredited Inspector: 
1.  
Misrepresentation or false statements in order to be accredited by the Office 
of the National Building Official; 
2. 
Providing false information to the Local Building Official regarding the 
inspection; 
3. 
False certification on the inspection, in consideration of any offer, promise, 
gift, or present received; and 
4. 
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
h.  
By the Local Building Official: 
1.  
Arbitrariness in the performance of powers, obligations, and functions; 
2.  
Unjustifiable delay or gross negligence in the performance of powers, 
obligations, and functions; 
3.  
Willful engagement of non-accredited inspector; 


 
46
4.  
Willful non-compliance with the orders of the National Building Official, 
Office of the National Building Official, and/or Regional Building Appeals 
Board; and 
5.  
Analogous acts, omissions, and violations of this Act, rules and regulations, 
and reference standards. 
 
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 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. 
 


 
47
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; 
d.  
Not having any work being done in the site for more than one hundred twenty 
(120) days and without justifiable cause, for excavations left open or building 
construction abandoned; and 
e.  
Blatant disregard of the orders of the Local Building Official in relation to the 
protection of life, health, property, and public welfare, such as the non payment 
of fines and breaking of seals or operating despite the existence of an order for 
suspension or revocation. 
 
In this case, the offender shall be punished, per violation, by a fine not lower than 
0.01% nor higher than 1.0% of the construction cost, or by imprisonment of not less 
than six (6) months nor more than six (6) years, or both, at the discretion of the court, 
without prejudice to the civil liability of the offender in accordance with existing laws. 
Where the violation is attended by injury, loss of life and/or loss of property, the 
offender shall be proceeded against under the applicable provisions of the Revised 
Penal Code and other special laws. If the offender is a juridical entity, the officers, 
directors, agents, or employees who willfully and knowingly vote for, assent to, or be 
primarily responsible for the commission of the foregoing violation/s shall be held 
liable. 
 
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 


 
48
cost involved, or by imprisonment of not less than six (6) months nor  more than six 
(6) years, or both, at the discretion of the court, without prejudice to the civil liability of 
the offender in accordance with existing laws. 
 
CHAPTER Xl 
FINAL 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 


 
49
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 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, 


 
50
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. 
 
SECTION 73. Repealing Clause. – Presidential Decree No. 1096, or the National 
Building Code of the Philippines, as amended, is hereby repealed. SECTION 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. 
 


 
51
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,