Pre-assessment

Zoning Clearance

BFP

DOLE

DPWH

TIA
Building Permit:

 Do not start the construction without a building permit

Surcharge

Administrative Fine
OCCUPANCY PERMIT:

 Do not occupy the building without OP

Notice of Violations

Penalties

As-built plan

Additional payment for the additional area

AMENDATORY PERMIT: while the construction is on-
going.
 Do not deviate from the actual building plan, otherwise:

As built plan after completion of the building

Penalties

Additional payment for additional area

BUSINESS PERMIT:

 Commercial and institutional establishments- Non-

issuance of business permit

TAX DECLARATION AND PAYMENT OF REAL PROPERTY

TAX:

 Non-issuance of real property tax

clearance/declaration of real property without the
building permit
GOVERNMENT LAWS, RULES
AND
REGULATIONS
A. National Building Code of the Philippines (PD 1096)-
promulgated on Feb 19, 1972

1. NBCDO Memorandum Order 77-1 Implementing Rules

and Regulation (IRR) issued on June 16, 1977

2. Revised Implementing Rules and Regulation (RIRR)

approved on October 29, 2004

3.Additional Rules and Regulations (ARR) on Sign or

Signboard structures approved on October 31, 2007
SECTION 102 – Declaration of Policy – It is the policy of the state to
safeguard.

- Property
- Life

- Health - Public Welfare

- Environment
 the purpose of this Code to provide for all
buildings and structures, a framework of
minimum standards and requirements to
regulate and control their location, site,
design quality of materials, construction, use,
occupancy, and maintenance.
B. Law to Enhance mobility of Disabled Persons (BP
344) approved on July 19, 1982

C. Local Government Code of 1991 (RA 7160)

approved on October 10, 1991
1. ZONING ORDINANCE OF DAVAO CITY

2. Sewerage and Septage Management Ordinance

3. Rain Water Harvesting Ordinance

4. Solid Waste Management Ordinance

5. Anti-Smoking Ordinance

6. TIA per New Traffic Code Ordinance

SECTION 103 – Scope and Application shall
cover the following disciplines. (IRR)
Architectural
Civil/ Structural
Electrical
Mechanical
Sanitary
Plumbing
Electronics
Except : Traditional Family Dwellings and
those covered by BP 220 (Economic and
Socialized Housing Project
The 2004 Revised IRR of P.D. No. 1096 (as
published by the DPWH on 01, 08 & 15 April
2005)
NBC AND OTHER REFERRAL CODES

-ARCHITECTURAL CODE
-STRUCTURAL CODE
-ASEP STEEL HANDBOOK
-ELECTRICAL CODE
-PLUMBING/SANITARY CODE
-MECHANICAL CODE
-WATER CODE
-BP 220/ PD 957
-BP 344 ACCESSIBILITY LAW
-RA 9514 – FIRE CODE OF THE PHIL.
-UNIFORM BUILDING CODE
General Building Requirements: (Section 104 & 105 IRR)

shall conform in all respects to the principles of the safe

construction and must be suited to the purpose for which
they are designed.

manufacture and/or production of any kind of article or

product - shall observe adequate environmental safeguards.

all parts thereof as well as all facilities found therein shall

be maintained in safe, sanitary and good working condition.
Site Requirements:

shall be sanitary, hygienic or safe.

Sites or buildings intended for use as human habitation or

abode, the same shall be at a safe distance, as determined
by competent authorities,

 from streams or bodies of water and/or sources of

considered to be polluted;

 from a volcano or volcanic site and/or any other

building considered to be a potential source of fire
or explosion.
SECTION 201 – Responsibility for Administration and
Enforcement of PD 1096.

 The Administration and Enforcement of PD 1096 and

IRR / ARR, is vested with the secretary of DPWH

SECTION 477 (RA 7160) – Powers and Duties of City

Engineer
 The CITY ENGINEER shall also act as the LOCAL
BUILDING OFFICIAL.
CHAPTER II - Municipal Officials in General

Section 443. Officials of the Municipal Government. -

(a) There shall be in each municipality a municipal

mayor, a municipal vice-mayor, sangguniang bayan members,
a secretary to the sangguniang bayan, a municipal treasurer, a
municipal assessor, a municipal accountant, a municipal
budget officer, a municipal planning and development
coordinator, a municipal engineer/building official, a municipal
health officer and a municipal civil registrar.
(b) In addition thereto, the mayor may appoint a
municipal administrator, a municipal legal officer, a municipal
agriculturist, a municipal environment and natural resources
officer, a municipal social welfare and development officer, a
municipal architect, and a municipal information officer. (RA
7160 – THE LOCAL GOVERNMENT CODE OF 1991)
CHAPTER II - City Officials in General

Section 454. Officials of the City Government.

(a) There shall be in each city a mayor, a vice-mayor,

sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer, a city assessor, a
city accountant, a city budget officer, a city planning and
development coordinator, a city engineer, a city health
officer, a city civil registrar, a city administrator, a city legal
officer, a city veterinarian, a city social welfare and
development officer, and a city general services officer.
(b) In addition thereto, the city mayor may appoint a
city architect, a city information officer, a city agriculturist, a
city population officer, a city environment and natural
resources officer, and a city cooperatives officer. (RA 7160 –
THE LOCAL GOVERNMENT CODE OF 1991)
SECTION 206. Qualifications of Building Officials

No person shall be appointed as Building Official unless he possesses

the following qualifications:

1. A Filipino citizen and of good moral character.

2. A duly registered architect or civil engineer.

3. A member of good standing of a duly accredited organization of his

profession for not less than five (5) years endorsed or recommended by
the accredited professional organization.

4. Has at least five (5) years of diversified and professional experience

in building design and construction.

5. Has attended and successfully completed a seminar workshop on

PD 1096 and its IRR conducted by the DPWH.
SECTION 207 – Duties of the Building Official
1. Enforcement of PD 1096, its RIRR and ARR

2. Processing of all Permit Application and Certificates

3. Ensure submission of modified design plan and

issue amendatory permit when necessary

4. Undertake annual inspection of all

buildings/structures
Cont……

5. Upon complaint and after due notice/s and hearing initiate

action towards:

a. Non-issuance, suspension, revocation and/or invalidation

of Building Permit or Certificate of Occupancy Permit

b. Issue – Work Stoppage Order

c. Declaration of Building/Structure as Ruinous or

Dangerous (Telmo vs. Bustamante)

d. Imposition of fines and penalties

SECTION 301 – Building Permits

No person, firm or corporation, including any

agency or instrumentally of the government shall
construct, alter, repair, convert, use, occupy,, move,
demolish, and add any building/structure or any portion
thereof or cause the same to be done, without first
obtaining a building permit therefore from the Building
Official assigned in the place where the subject
building/structure is located or to be done. (National
Building Code (PD1096) – Rev-IRR)
Cont…
A. Ancillary Permits
-Architectural Permit
- Civil/Structural Permit
- Electrical Permit
- Mechanical Permit
- Sanitary Permit
- Plumbing Permit
- Electronics Permit
Cont…

B. Accessory Permit
- Excavation Permit
- Scaffolding Permit
- Fence Permit
- Demolition Permit
- Temporary Sidewalk
- Steel tanks / Tower
- Enclosure Permit
- Mausoleum / Niches
SECTION 304. Issuance of Building Permit

1. When the application for building permit and

the plans and specifications submitted herewith
conforms to the requirements of the Code and its IRR,
the Building Official shall within fifteen (15) days from
payment of the required fees by the applicant, issue the
building permit applied for. (National Building Code
(PD1096) – Rev-IRR)
SECTION 303. Processing of Building Permit
10. Fire Safety Requirements
The Building Official shall refer one (1) set of plans
and specifications to the City/Municipal Fire Marshall
(C/MFM), Bureau of Fire Protection (BFP), for his review
and recommendations with respect to fire safety and control
requirements. The C/MFM shall submit his report and
recommendations to the Building Official within five (5)
working days from date of referral.

Failure of the C/MFM to act within said period shall

mean that the plans and specifications conform to all the
requirements of the Fire Code of the Philippines (FCP). In
case of nonissuance, suspension or revocation of the said
requirements by the C/MFM, he shall so state in writing the
reasons or grounds therefor.
SECTION 309. Certificate of Occupancy

2. A notification to conduct final inspection shall be

endorsed by the OBO to the C/MFM, BFP, who shall
issue a Fire Safety Inspection Certificate within five (5)
workings days if the Fire Safety requirement shall have
been complied. If, after the prescribed period no action is
taken by the C/MFM, the Building Official may issue the
Certificate of Occupancy with the condition that the Fire
Safety requirements shall be complied with, within the
prescribed period set forth in the Fire Code of the
Philippines (PD 1185). (National Building Code (PD1096)
– Rev-IRR)
Mandate is on Mandate is on
PASSIVE FIRE ACTIVE FIRE
PROTECTION PROTECTION
 RA 9514 – Fire Code of the Philippines 2008

RULE 9. ENFORCEMENT AND ADMINISTRATION OF FIRE

SAFETY MEASURES
DIVISION 1. General
B. Fire safety inspections shall be conducted as a pre-
requisite to grants of permits and/or licenses by local
governments or other government agencies. No occupancy
permit, business or permit to operate shall be issued
without securing a Fire Safety Inspection Certificate (FSIC)
from the City/Municipal Fire Marshal having jurisdiction.
 RA 9514 – Fire Code of the Philippines 2008
RULE 9. ENFORCEMENT AND ADMINISTRATION OF
FIRE SAFETY MEASURES
DIVISION 1. General
C. In coordination with the Building Official, the
City/Municipal Fire Marshal having jurisdiction shall
review, evaluate and assess plans, design calculations and
specifications, and issue the necessary building Fire Safety
Evaluation Clearance (FSEC) upon determination that
design and specification is in accordance with the
provisions of the Fire Code of the Philippines and this IRR.
EXEMPTION FROM THE PAYMENT OF THE BUILDING
PERMIT FEES: (Section 209 IRR)
 Public buildings;*

 Traditional Indigenous family dwellings-a

dwelling intended for the use and occupancy by
the family of the owner only and constructed of
native materials such as bamboo, nipa logs, or
lumber, the total cost of which does not exceed
fifteen thousand pesos (P15,000.00)
*Angeles University Foundation vs City Angeles, 2012
SECTION 304 – Issuance of Building Permits

1. Terms and Conditions of Building Permits

a. The engineer or architect who drew up the building

plans shall be jointly liable if within Fifteen (15) years
from the completion the same should collapse.

b. The engineer or architect who supervises the

construction shall be jointly liable with the contractor
should the edifice collapse due to defect in construction
or the use of inferior materials.

c. Actual Relocation survey prior to construction

Cont…
d. Notify in writing the owners of adjoining property with
less than ten (10) days before excavation.

e. The supervising Architect / Civil Engineer shall keep

logbook of daily construction activity

f. All changes, modifications and alteration shall submit

amendatory permit before any work shall be started.

g. Shall put a Building Permit sign

h. Notice to the B. O. prior to construction activities

i. Apply Certificate of Occupancy

SECTION 304 – Administrative Fines

A. Light Violation – Php 5,000.00

 Failure to post Building Permit Sign

 Failure to install safety measures

 Failure to post Certificates of Occupancy

B. Less Grave Violation – Php 8,000.00

 Non-compliance with work stoppage order

for alteration / additional / conversion
repair without permit

 Use of Occupancy without securing

Certificate of Occupancy
C. Grave Violation - Php 10, 000.00
 Unauthorized Change, Modification, or Alteration
during construction without permit.
 Unauthorized Change in type of construction.
 Non-compliance with work stoppage order for
construction/demolition without permit.
 Change in existing Use or Occupancy.
 Excavation left open for more than 120 days.
SECTION 213 – PENAL PROVISION

1. fine of not more than Php 20,000.00 or

2. imprisonment of not more than six (6) years or both

 (ARR) ON SIGN OR SIGNBOARD
STRUCTURES

 5 mtrs. from the open power supply and 100

mtrs.distance or more apart from the existing
billboard;

 The 30 mtrs RROW or 15 mtrs RROW from the

centerline of the road shall be observed and a 5
mtrs setback shall be attained;
 Section 3.9 of PD 1096 (ARR)

“Signs shall be erected in such a manner as not

to confuse or obstruct a view or
interpretation of any public sign, traffic
signal or advice, nor obstruct the sight,
attract or distract the attention of motorists,
reflect blinding light or cause glare to
incoming traffic” shall be observed;
Appropriate device capable of being lowered
upon receipt of typhoon advisory signal no.2

Constructed entirely of incombustible materials;

Constructed based on accepted architecture and

engineering practice;

Failure to comply-suspension or revocation of

permit
Conditions in the application of sign permit.

• All signboards/ Billboard should be annually

inspected every 1st week of January for
payments of annual inspection fees.
AO No. 160: DIRECTING THE DPWH TO CONDUCT FIELD
INSPECTIONS, EVALUATIONS AND ASSESSMENTS OF ALL
BILLBOARDS AND DETERMINE THOSE THAT ARE
HAZARDOUZ AND POSE IMMINENT DANGER TO LIFE,
HEALTH, SAFETY AND PROPERTY OF THE GENERAL PULIC
AND TO ABATE AND DISMANTLE THE SAME

Maximum height of structures -25 meters

Existing free-standing or roof mounted off-premise signs or

signboard structures
may continue to operate.
certification by a duly accredited structural engineer.
DPWH Clearance
issuance of the clearance, permits, etc. shall be
ministerial
- Parks
- Center Islands
- Overpass and Flyover
- Lamp Post ( DLPC & PLDT )
- Trees
- Any Government owned structures
Pertinent Provisions under LGC of 1991
Section 455 (b) (3) (vi) the city mayor shall require
owners of illegally constructed houses, buildings or other
structures

to obtain the necessary permit;

to make necessary changes in the construction;

or

to order the demolition or removal.

Section 458 (a) The sangguniang panlungsod, as
the legislative body of the city shall:
(4) Regulate activities relative to the use of land,
buildings and structures

 (i) Declare, prevent or abate any nuisance;

(ii) Require that buildings and the premises thereof

and any land within the city be kept and maintained in
 a sanitary condition;
 impose penalties; or,
 have the work done at the expense of the owner;
or
 require the filling up of any land or premises
Cont…

(5) Approve ordinances;

(v) Regulate the use of streets, avenues, alleys,

sidewalks, bridges, parks and other public places and
approve the construction, improvement repair and
maintenance of the same;

(vi) Regulate traffic on all streets and bridges;

prohibit encroachments or obstacles thereon;
 Civil Code
Article 482.

If a building, wall, column, or any other construction is in

danger of falling, the owner shall be obliged to demolish
it or to execute the necessary work in order to prevent it
from falling.

If the proprietor does not comply with this obligation,

the administrative authorities may order the
demolition of the structure at the expense of the
owner, or take measures to insure public safety.
Article 694.

A nuisance is any act, omission, establishment,

business, condition of property, or anything else
which:

Injures or endangers the health or safety of

others; or

Obstructs or interferes with the free passage of

any public highway or street, or any body of water;
or

 Hinders or impairs the use of property.