The 2004 Revised IMPLEMENTING RULES AND REGULATIONS (IRR) of P.D.

1096

RULE I - GENERAL PROVISIONS

SECTION 101. Title

These Rules shall be known and cited as the “Revised Implementing Rules and
Regulations of the National Building Code of the Philippines (P.D. 1096)” and shall be referred
to as the “IRR”.

SECTION 102. Declaration of Policy

It is hereby declared to be the policy of the State to safeguard life, health, property, and
public welfare, consistent with the principles of sound environmental management and
control; and to this end, make it the purpose of the 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.

SECTION 103. Scope and Application

1. The scope of this IRR shall cover the following disciplines: architectural,
civil/structural, electrical, mechanical, sanitary, plumbing, and electronics. This shall
also apply to the design, location, siting, construction, alteration, repair, conversion,
use, occupancy, maintenance, moving, demolition of, and addition to public and
private buildings and structures, except traditional indigenous family dwellings, and
those covered by Batas Pambansa Bilang 220 otherwise known as the “Economic and
Socialized Housing Projects”.
2. Existing buildings or structures without appropriate building permits/certificates of
occupancy may be legalized and issued the necessary permits and certificates,
provided, they are made to conform to these rules and regulations. However, they
shall be subject to the imposition of penalties, surcharges, fines and other
appropriate measures.
3. The applicable and consistent provisions of the allied professional codes and other
government agency codes as approved by the DPWH Secretary shall serve as the
referral codes of PD 1096 and this IRR.
S.B.S – Sick Building Syndrome

SECTION 105. Site Requirements

The land or site upon which will be constructed any building or structure, or any
ancillary or auxiliary facility thereto, shall be sanitary, hygienic or safe. In case of 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 air 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 106. Definitions

1. For purposes of this IRR, the following definitions shall apply:
ADDITION – Any new construction which increases the height and/or floor area of existing
buildings/structures.
AGENCY OF THE GOVERNMENT – Refers to any of the various units of the government
including a department, bureau, office, instrumentality, or government owned or controlled
corporation.
ALTERATION – Works in buildings/structures involving changes in the materials used,
partitioning, location/size of openings, structural parts, existing utilities and equipment but
does not increase the building height and/or floor area.
APPLICATION FORMS – A preformatted prescribed application form duly accomplished and
notarized by the respective design professional with validation matrices related to other
building rules and regulations.
APPLICANT/ PERMITTEE – Any person, firm, partnership, corporation, head of government or
private institution, organization of any character applying for the issuance of permits and
certificates.
BUILDING OFFICAL – the Executive Officer of the OBO appointed by the Secretary.
BUILDING PERMIT – A document issued by the Building Official (BO) to an owner/applicant to
proceed with the construction, installation, addition, alteration, renovation, conversion,
repair, moving, demolition or other work activity of a specific project/building/structure or
portions thereof after the accompanying principal plans, specifications and other pertinent
documents with the duly notarized application are found satisfactory and substantially
conforming with the National Building Code of the Philippines (the Code) and its
Implementing Rules and Regulations (IRR).
CODE – PD 1096, otherwise known as the National Building Code of the Philippines.
CONSTRUCTION – All on-site work done in the site preparation, excavation, foundation,
assembly of all the components and installation of utilities, machineries and equipment of
buildings/structures.
CONVERSION – A change in the use or occupancy of buildings/structures or any portion/s
thereof, which has different requirements.
DEMOLITION – The systematic dismantling or destruction of a building/structure, in whole or
in part.
DEPARTMENT – The Department of Public Works and Highways (DPWH).
EXECUTIVE DIRECTOR – The Executive Officer or Head of the NBCDO.
MOVING – The transfer of buildings/structures or portion/s thereof from original location or
position to another, either within the same lot or to a different one.
OFFICE OF THE BUILDING OFFICIAL (OBO) – The Office authorized to enforce the provisions of
the Code and its IRR in the field as well as the enforcement of orders and decisions made
pursuant thereto.
REFERRAL CODES – The applicable provisions of the various agency and technical professional
codes that are supplementary to the Code.
RENOVATION – Any physical change made on buildings/structures to increase the value,
quality, and/or to improve the aesthetic.
REPAIR – Remedial work done on any damaged or deteriorated portion/s of building/
structure to restore to its original condition.
SECRETARY – Head or Chief Executive Officer of DPWH.
STAFF – The personnel of the National Building Code Development Office (NBCDO).

2. As used in this IRR, other words, terms and phrases enumerated in the Glossary hereof
shall have the meaning or definition correspondingly provided therein.
RULE II - ADMINISTRATION AND ENFORCEMENT

SECTION 203. General Powers and Functions of the Secretary

1. Formulate policies, plans, standards and guidelines on building design, construction, use,
occupancy and maintenance, in accordance with the Code.

2. Issue and promulgate additional rules and regulations in the form of Memorandum
Circulars to implement the provisions of the Code and ensure compliance with policies, plans,
standards and guidelines and issue office guidelines or Memorandum Circulars to guide the
actions of the Building Official in the performance of his duties and responsibilities.

3. Exercise appellate jurisdiction over the decisions and orders of the Building Official. The
order or decision of the Secretary shall be final and executory subject only to review by the
Office of the President of the Republic.

4. Evaluate, review, approve and/or take final action on changes and/or amendments to
existing Referral Codes as well as on the incorporation of other referral codes, which are not
yet expressly made supplementary to the Code and its IRR.

5. Prescribe and impose the amount of fees and other charges as may be deemed necessary
that the Building Official shall collect in connection with the performance of regulatory
functions.

6. Appoint a Building Official, separate and distinct from the Office of the City/Municipal
Engineers in all Cities and Municipalities.

Annotation: Many Building Officials appointed by the DPWH Secretary simultaneously hold
the office of City/Municipal Engineer, a position created under R.A. No. 7160, The Local
Government Code. This situation has resulted in only one (1) individual overseeing both the
horizontal and vertical developments for local government units (LGUs). R.A. No. 9266, The
Architecture Act of 2004 provides that positions in government requiring the expertise of
architects shall only be filled by registered and licensed architects (RLAs). R.A. No. 9266 also
expressly provides that all national and local government officials, such as Building Officials
and Municipal/City Engineers shall implement the said law.

SECTION 205. Building Officials

Except as otherwise provided herein, the Building Official shall be responsible for
carrying out the provisions of the Code in the field as well as the enforcement of orders and
decisions made pursuant thereto. All Building Officials appointed or designated other than by
the Secretary, shall continue to act as the Building Official until such time that the Secretary
appoints the Building Official. Offices of the Building Officials already established, separate
and distinct from the office of the City/Municipal Engineers in cities and municipalities may
continue to exist until such time that a regular office is created. (Fig. II.1.)
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

The Building Official shall have the following duties:

1. Be primarily responsible for the enforcement of the provisions of the Code and its IRR, as
well as circulars, memoranda, opinions and decisions/orders issued pursuant thereto. His
actions shall always be guided by appropriate orders/directives from the Secretary.

2. Have overall administrative control and/or supervision over all works pertinent to
buildings/ structures in his area of responsibility and shall be charged with the processing of
all permit applications and certificates as well as the issuance of the same.

3. Ensure that all changes, modifications, and alterations in the design plans during the
construction phase shall not start until the modified design plan has been evaluated and the
necessary amendatory permit issued.

4. Undertake annual inspections of all buildings/structures and keep an up-to-date record of

their status.

5. Upon complaint or motu proprio and after due notice/s and hearing, initiate action
towards:
 Non-issuance, suspension, revocation and/or invalidation of a building permit or
certificate of occupancy;
 b. Issuance of work stoppage order, or an order for discontinuance of the use or
occupancy of the building/structure or portion thereof;
 c. Declaration of a building/structure as ruinous or dangerous; and/or
 d. The imposition of appropriate fines/penalties.

6. Submit a quarterly situational report to the Secretary through the NBCDO, on the status of
all existing, on-going, and proposed public as well as private building/structure activities.
7. Undertake such other duties and tasks as may be assigned by the Secretary from time to
time.

SECTION 208. Fees

1. The Secretary, thru Memorandum Circulars, shall prescribe the rates of fees and formulate
guidelines in the imposition and collection of fees.

2. Subject to existing budgetary, accounting and auditing rules and regulations, the Building
Official shall retain not more than 20% of the income/collection derived from permit fees and
other charges for the operating expenses of his office. The remainder of 100% shall accrue to
the general fund of the respective city/municipality.

3. Every Building Official shall keep a permanent record and accurate account of all fees and
other charges fixed and authorized to be collected and received.

SECTION 209. Exemption

Public buildings and traditional indigenous family dwellings shall be exempt from
payment of building permit fees. As used in the Code, the term “traditional indigenous family
dwelling” means 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).

SECTION 210. Use of Income from Fees

The procedure for the proper reporting and recording of collections and
disbursements of the funds of the General Fund Special Account 151 of the Office of the
Secretary of the Department of Public Works and Highways (DPWH) is hereby prescribed.
1. Recording of Collections
 Every Building Official shall keep a permanent record and accurate account of
all fees and other charges fixed and authorized to be collected by him.
 b. The Order of Payment issued by the Building Official shall show the
breakdown of the total collections indicating the share of the local
government concerned - 80% and the share of the national government -
20%.
 c. Every Building Official shall keep a separate record from the DPWH Central
Office of all allotments [Special Allotment Release Order (SARO) and Notice of
Cash Allocation (NCA), or Funding Checks], received by him out of budgeted
amounts released by the Department of Budget and Management (DBM). The
funds shall cover all the necessary operating expenses of the OBO, including
the purchase of equipment, supplies and materials, traveling expenses,
obligation expenses and sheriffs’ fees and payment of other prior years’
obligations not adequately funded, subject to existing budgetary and auditing
rules and regulations.
 He shall render the reports required under the Centralized Accounting System.
SECTION 212. Administrative Fines
1. Imposition of Administrative Fines

a. The Secretary or his duly authorized representative may prescribe and impose fines not
exceeding ten thousand pesos (P10, 000.00) in the following cases, subject to the terms and
procedures as hereunder provided:
 Erecting, constructing, altering, repairing, moving, converting, installing or
demolishing a private or public building/structure if without building/demolition
permit.
 Making any alteration, addition, conversion or repair in any building/structure/
appurtenances thereto constructed or installed before the adoption of the Code,
whether public or private, without a permit.
 Unauthorized change, modification or alteration during the construction in the duly
submitted plans and specifications on which the building permit is based.
 Non-compliance with the work stoppage order or notice and/or orders to effect
necessary correction in plans and specifications found defective.
 Non-compliance with order to demolish building/structure declared to be nuisance,
ruinous or dangerous.
 Use or occupancy of a building/structure without Certificate of Occupancy/Use even if
constructed under a valid building permit.
 Change in the existing use or occupancy classification of a building/structure or
portion thereof without the corresponding Certificate of Change of Use.
 Failure to post or display the certificate of occupancy/use/operation in a conspicuous
place on the premises of the building/structure/appurtenances.
 Change in the type of construction of any building/structure without an amendatory
permit.
b. In addition to the imposed penalty, the owner shall correct/remove his violations of the
provisions of the Code.

2. Determination of Amount of Fines

a. In the determination of the amount of fines to be imposed, violations shall be classified as

follows:

i. Light Violations
 Failure to post Certificate of Occupancy/Use/Operation.
 (b) Failure to post Building Permit construction information sign.
 (c) Failure to provide or install appropriate safety measures for the protection of
workers, inspectors, visitors, immediate neighbors and pedestrians.
ii. Less Grave Violations
 Non-compliance with the work stoppage order for the alteration/addition/
conversion/repair without permit.
 (b) Use or occupancy of building/structure without appropriate Certificate of
Occupancy/Use/Operation.
iii. Grave Violations
 Unauthorized change, modification or alteration during construction in the duly
submitted plans and specifications on which the building permit is based.
 Unauthorized change in type of construction from more fire-resistive to less fire
resistive.
 Non-compliance with order to abate or demolish.
 Non-compliance with work stoppage order for construction/demolition without
permit.
 Change in the existing use or occupancy without Certificate of Change of
Occupancy/Use/Operation.
 Excavations left open without any work being done in the site for more than one
hundred twenty (120) days.

SECTION 214. Dangerous and Ruinous Buildings or Structures

Dangerous buildings are those which are herein declared as such or are structurally
unsafe 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 safety or
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.

SECTION 215. Abatement of Dangerous Buildings

When any building or structure is found or declared to be dangerous or ruinous, the
Building Official shall order its repair, vacation or demolition depending upon the degree of
danger to life, health, or safety. This is without prejudice to further action that may be taken
under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines. The
condition or defects that render any building/structure dangerous or ruinous are as follows:
(See Procedure for Abatement/Demolition of Dangerous/Ruinous Buildings/Structures at the
end of this Rule)

1. Structural Hazards
 Whenever any building/structure or portion thereof has been damaged by fire,
earthquake, wind, flood, or by any other cause to such an extent that the structural
strength or stability thereof is materially less than it was before the catastrophe and is
less than the minimum requirements of the National Structural Code of the
Philippines (NSCP) for new buildings of similar structure, purpose or location.
 Whenever any portion or member or appurtenances thereof is likely to fall, or to
become detached or dislodged or to collapse and thereby injure persons or damage
property.
 Whenever any portion of a building/structure or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not anchored, attached or fastened in place so as to be capable of resisting a wind
pressure of one-half of that specified in the NSCP for such type of buildings.
 Whenever any portion thereof has been wrecked, warped, buckled or settled to such
an extent that the walls or other structural portions have materially less resistance to
wind or earthquake than is required in the case of similar new construction.
 Whenever the building/structure or any portion thereof, because of: (1) dilapidation,
 deterioration or decay; (2) faulty construction; (3) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting such
building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other
cause, is likely to partially or totally collapse.
 Whenever the exterior walls or other vertical structural member lean or buckle to
such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one-third of the base.
 Whenever the building/structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
 Whenever the building/structure has been so damaged by fire, wind, earthquake or
flood, or has become so dilapidated or deteriorated as to become: (1) an attractive
nuisance to public; (2) a harbor for vagrants, criminals or immoral persons; or (3) a
resort for purposes of committing unlawful or immoral acts.
 Whenever the building/structure which, whether or not erected in accordance with
all applicable laws or ordinances, has in any non-supporting part, member or portion,
less than 50% or in any supporting part, member or portion less than 66% of the: (1)
strength; (2) fire resisting qualities or characteristics; (3) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location.
 Whenever any portion of a building/structure remains on the site after its demolition
or whenever any building/structure or portion thereof is abandoned for a period in
excess of twelve (12) months so as to make it a nuisance or hazard to the public.

2. Fire Hazards
 Any building/structure or portion thereof, device, apparatus, equipment material, or
vegetation which may cause fire or explosion, or provide a ready fuel or augment the
speed and intensity of fire or explosion arising from any cause.
 All buildings/structures or portions thereof not provided with the required fire-
resistive or fire protective construction or fire-extinguishing system or equipment.
 Whenever any door, aisle, passageway, stairway, or other means of exit is not of
sufficient width or size, or is not so arranged as to provide safe and adequate means
of exit in case of fire and panic.
 Whenever any building/structure, because of obsolescence, dilapidated condition,
deterioration, damaged, inadequate exits, lack of sufficient fire-resistive construction,
hazardous electric wiring, gas connections or heating apparatus, or other cause, in
violation of the Fire Code of the Philippines (RA 9514).

RULE III - PERMITS AND INSPECTION

SECTION 301. Building Permits

2. Permits supplementary to a Building Permit shall be applied for and issued by the Building
Official. These include Ancillary and the Accessory Permits.
a. Ancillary Permits
The Ancillary Permits duly signed and sealed by the corresponding professionals and
the plans and specifications shall be submitted together with the duly notarized application
for Building Permit. The Building Permit is null and void if not accompanied by the Ancillary
Permits. The prescribed Ancillary and other Accessory Permits/forms shall likewise be used
whenever applicable. The Ancillary Permits are the following:
 Architectural Permit
 Civil/Structural Permit
 Electrical Permit
 Mechanical Permit
 Sanitary Permit
 Plumbing Permit
 Electronics Permit
3. Exemption from Building Permits
A building permit shall not be required for the following minor constructions and
repairs, provided these shall not violate any provision of the Code and this IRR.

a. Minor Constructions
 Sheds, outhouses, greenhouses, children’s playhouses, aviaries, poultry houses and
the like, not exceeding 6.00 sq. meters in total area, provided they are completely
detached from any other building and are intended only for the private use of the
owner.
 Addition of open terraces or patios resting directly on the ground, not exceeding
20.00 sq. meters in total floor area, exclusively for the private use of the owner.
 Installation of window grilles.
 Garden pools for the habitation of water plants and/or aquarium fish not exceeding
500 millimeters in depth and exclusively for private use.
 Garden masonry walls other than party walls not exceeding 1.20 meters in height,
footpaths, residential garden walks and/or driveways.
b. Repair Works
 Repair works not affecting or involving any structural member, such as replacement
of deteriorated roofing sheets or tiles, gutters, downspouts, fascias, ceilings and/or
sidings.
 Repair and/or replacement of non load-bearing partition walls.
 Repair and/or replacement of any interior portion or a house not involving addition or
alteration.
 Repair and/or replacement work of doors and windows.
 Repair and/or replacement work of flooring.
 Repair of perimeter fence and walls.
 Repair and/or replacement of plumbing fixtures, fittings or pipings, such as toilet
bowls, sinks, lavatories, urinals, bidets, pipes, faucets, valves for single detached
dwellings and duplexes.
SECTION 302. Application for Permits
3. Five (5) sets of survey plans, design plans, specifications and other documents prepared,
signed and sealed over the printed names of the duly licensed and registered professionals
(Figs. III.1. and III.2.):
 c. Civil Engineer, in case of civil/structural documents;
Anotation: Before the approval of R.A. No. 9266, the limited preparation of
civil/structural documents formed part of the scope of work of registered and
licensed architects (RLAs) as defined under R.A. No. 1581, which amended R.A. No.
545, The Organic Architecture Act of 1950 and its 1979 IRR. Interior design is the work
of registered and licensed interior designers (RLIDs) under R.A. No. 8534, The Interior
Design Act of 1987. With the approval of R.A. No. 9266 that limited RLAs only to
structural conceptualization, there is now no overlap between the respective
practices of RLAs and civil engineers (CEs).

5. Civil/Structural Documents
a. Site Development Plan
Site Development Plan showing technical description, boundaries, orientation and
position of proposed non-architectural horizontal structure such as: sewerage treatment plan
(STP), silos, elevated tanks, towers, fences, etc. building/structure in relation to the lot,
existing or proposed access road and driveways and existing public utilities/services. Existing
buildings within and adjoining the lot shall be hatched and distances between the proposed
and existing buildings shall be indicated.
b. Structural Plans
 Foundation Plans and Details at scale of not less than 1:100.
 Floor/Roof Framing Plans and Details at scale of not less than 1:100.
 Details and Schedules of structural and civil works elements including those for deep
wells, water reservoir, pipe lines and sewer system.
c. Structural Analysis and Design for all buildings/structures except for one storey and single
detached building/structure with a total floor area of 20.00 sq. meters or less.
d. Boring and Load Tests
Buildings or structures of three (3) storeys and higher, boring tests and, if necessary,
load tests shall be required in accordance with the applicable latest approved provisions of
the National Structural Code of the Philippines (NSCP). However, adequate soil exploration
(including boring and load tests) shall also be required for lower buildings/structures at areas
with potential geological/geotechnical hazards. The written report of the civil/geotechnical
engineer including but not limited to the design bearing capacity as well as the result of tests
shall be submitted together with the other requirements in the application for a building
permit. Boring test or load test shall also be done according to the applicable provisions of
the NSCP which set forth requirements governing excavation, grading and earthwork
construction, including fills and embankments for any building/structure and for foundation
and retaining structures.
e. Seismic Analysis
f. Other related documents

RULE IV - TYPES OF CONSTRUCTION

SECTION 401. Types of Construction

For purposes of the Code and its IRR, all buildings proposed for construction shall be
classified according to the following types:
1. Type I - shall be of wood construction. The structural elements may be any of the materials
permitted by the Code.
2. Type II - shall be of wood construction with protective fire-resistant materials and one-
hour fire-resistive throughout, except, that permanent non-bearing partitions may use fire-
retardant treated wood within the framing assembly with one-hour resistivity.

3. Type III - shall be of masonry and wood construction. Structural elements may be any of
the materials permitted by the Code provided, that the building shall be one-hour fire-
resistive throughout. Exterior walls shall be of incombustible fire-resistive construction.

4. Type IV - shall be steel, iron, concrete, or masonry construction and walls, ceiling and
permanent partitions shall be of incombustible fire-resistive construction, except, that
permanent non-bearing partitions of one-hour fire-resistive construction may use fire-
retardant treated wood within the framing assembly.

5. Type V - shall be four-hour fire-resistive throughout and the structural elements shall be of
steel, iron, concrete, or masonry construction.

RULE VI - FIRE-RESISTIVE REQUIREMENTS IN CONSTRUCTION

SECTION 601. Fire- Resistive Rating Defined

Fire-resistive rating means the degree to which a material can withstand fire as
determined by generally recognized and accepted testing methods.
SECTION 602. Fire- Resistive Time Period Rating
Fire-resistive time period rating is the length of time a material can withstand being
burned which may be one- hour, two- hours, four- hours, etc.
SECTION 603. Fire-Resistive Standards
All materials of construction, and type of materials and assemblies or combinations
thereof shall conform to the following fire-resistive ratings: