PD 1096 (NBCP)
NATIONAL BUILDING CODE OF THE PHILIPPINES (NBCP)
February 19, 1977 promulgated by Pres. Ferdinand Marcos
IRR of NBCP
Published by DPWH on April 1, 8 & 15, 2005
Took effect on April 30, 2005
RULE I - GENERAL PROVISIONS
1. BLDG. REQUIREMENTS
Safe construction
Adequate environmental safeguards
Maintain building in safe, sanitary and good working conditions
2. SCOPE AND APPLICATION EXCEPTION:
Traditional Indigenous Buildings
BP 220
RULE II – ADMINISTRATION AND ENFORCEMENT
1. SECRETARY
Vested to do Administration and enforcement of the provisions of the Code and IRR, including the imposition of penalties
for administrative violations thereof
Functions:
o Formulate policies, plans, standards and guidelines
o Issue and promulgate additional rules and regulations in the form of Memorandum Circulars
o Exercise appellate jurisdiction over the decisions and orders of the Building Official
o 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
o Prescribe and impose the amount of fees and other charges
o Appoint a Building Official
2. NATIONAL BUILDING CODE DEVELOPMENT OFFICE (NBCDO)
Serves as Technical Staff of Secretary
Functions:
o Assist in the administration and enforcement of the provisions of the Code and its IRR.
o Review, evaluate and take final action on various technical and legal problems
o Conduct seminar/workshops on the Code, its IRR, and BP 344 (Accessibility Law).
o Undertake other duties and tasks assigned by the Secretary.
3. BUILDING OFFICIALS
appointed or designated other than by the Secretary
responsible for carrying out the provisions of the Code
enforcement of orders and decisions
Qualifications:
o Filipino citizen and of good moral character.
o Registered architect or civil engineer.
o Member of accredited organization of his profession for 5 years minimum endorsed or recommended by the accredited
professional organization.
o (5) years minimum of diversified and professional experience in building design and construction.
o Completed a seminar workshop on PD 1096 and its IRR conducted by the DPWH
Duties:
o Enforcement of the provisions of the Code and its IRR
o Administrative control and supervision of works pertinent to buildings/structures
o Processing & issuance of all permit applications and certificates
o Changes, modifications, and alterations in design during construction phase shall not start until the modified design
plan has been evaluated and the necessary amendatory permit issued
o Make annual inspections of all buildings/structures and keep an up-to-date record of their status
4. INCOME FROM FEES
20% of income/collection - for the operating expenses of his office
80% - go to general fund of the respective city/municipality
5. EXEMPTION ON BLDG. PERMIT
Traditional Indigenous Dwellings (15,000 max.) and constructed of native materials such as bamboo, nipa, logs, or lumber
6. ADMINISTRATIVE FINE – Violating the code
10,000 Max
Light Violation – 5,000
Less-Grave Violation – 8,000
Grave Violations – 10,000
Penalty Surcharge:
o 10% of the building permit fees - Excavation for foundation
o 25% of the building permit fees - Foundation Construction (including pile driving and laying of reinf. bars)
o 50% of the building permit fees - Construction of superstructure up to (2) mts.
o 100% of the building permit fees - Construction of superstructure above 2.00 meters
25% surcharge of the inspection fee - Failure to pay annual inspection fee w/n (30) days from prescribed date
7. PENAL PROVISIONS – Any person, firm or corporation who shall violate any of the provisions of the Code
Punishment: 20,000 Max. Fine / 2 years Max. Imprisonment / both
8. DANGEROUS BUILDINGS
are those declared 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.
9. ENFORCING ADMINISTRATIVE SANCTIONS
5 Days
o Motu Propio / upon complaint - submit a written explanation/answer from the receipt of notice
o Serve notice before the date of the hearing and shall state the date, time and place of the hearing
10 Days
o Inspection team shall submit a report regarding a bldg. that is ruinous/dangerous that BO suspects
15 Days
o Order of the Building Official shall become final and executory after receipt of a copy
o Secretary in any case brought to him on appeal shall be final and shall become executory
RULE III – PERMIT & INSPECTION
BUILDING PERMITS
No person, firm or corporation, including any agency or instrumentality 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 therefor from the Building Official.
SUPPLEMENTARY PERMITS
Ancillary Permits - duly signed and sealed plans and specifications by professionals and shall be submitted together with duly
notarized application for Building Permit. The Building Permit is null and void if not accompanied by the Ancillary Permits.
Architectural Permit Mechanical Permit
Civil/Structural Permit Sanitary Permit
Electrical Permit Electronics Permit
Accessory Permits - issued by BO for accessory parts of the project with very special functions/use which are indicated in the plans
and specifications that accompany the building permit application.
Examples: Bank and records vaults; swimming pools; firewalls separate from the building/structure; towers; silos;
smokestacks; chimneys; commercial/industrial fixed ovens; industrial kilns/furnaces; water/waste treatment tanks, septic
vaults; concrete and steel tanks; booths, kiosks and stages; and tombs, mausoleums and niches
EXEMPTION FROM BUILDING PERMITS
Minor Constructions
Sheds, outhouses, greenhouses, children’s playhouses, aviaries, poultry houses and the like - 6 m 2 max. &
completely detached from other building and are intended for owner private use only.
Addition of open terraces/patios resting directly on ground - 20 m 2 max. exclusively for owner private use only
Installation of window grilles.
Garden pools for habitation of water plants/aquarium fish - 500 mm Max. in depth and exclusively for private use.
Garden masonry walls other than party walls - 1.20 m. Max. height, footpaths, garden walks and/or driveways.
Repair Works
Repair works not involving any structural member - replacement of deteriorated roofing sheets or tiles, gutters,
downspouts, fascias, ceilings and/or sidings.
Repair and/or replacement of: non-load-bearing partition walls, any interior portion or a house not involving
addition or alteration, doors and windows, perimeter fence and walls, flooring, plumbing fixtures, fittings or
pipings.
APPLICATION FOR PERMITS
Requirements:
Application Forms
Lot Ownership & Description
If registered owner of lot - TCT/OCT, Tax Declaration, Current Real Property Tax Receipt
If not registered owner of lot - Notarized copy of the Contract of Lease, or Deed of Absolute Sale
5 sets min. plans & specifications - signed and sealed over the printed names of the duly licensed and registered
professionals
Clearances from Other Agencies
Locational Clearance - obtained by the owner/permittee from the City/Municipal Zoning Administration
7 days from receipt of application - Application failure to receive reply shall be sufficient not to cause
further delay in processing the building permit application by the BO.
PROCESSING OF BUILDING PERMITS
Building Permit Application
Line and Grade Verification
Architectural, Civil/Structural, Electrical, Mechanical, Sanitary, Plumbing & Electronics compliance
Fire Safety Requirements
ISSUANCE OF BUILDING PERMIT
15 days from payment of required fees - BO issues the building permit
Construction of Portions Permit
o Excavations more than 50 m3 and 2 m in depth
Cash bond of P50,000.00 for the first 50.00 m3
P300.00 for every m3 in excess of 50 m3 until building permit is issued
Max. 100.00 m3 or 3m in depth and shall not be left open w/o any work done in site for more than 120 days,
otherwise cash bond shall be forfeited
TERMS AND CONDITIONS OF PERMITS
Article 1723 of the Civil Code of the Philippines - Engineer/Architect is liable for damages within fifteen (15) years
VALIDITY OF BUILDING PERMITS
1 year - null and void if the building is not commenced
120 days – if suspended or abandoned
NON-ISSUANCE, SUSPENSION OR REVOCATION OF BUILDING PERMITS
Errors found in the plans and specifications
Incorrect or inaccurate data or information supplied
Non-compliance with the provisions of the Code or any rules or regulations
APPEAL
15 days
o filing of appeal to the Secretary
o Secretary to render decision on the appeal
CERTIFICATE OF OCCUPANCY
30 days - BO issues Certificate of Occupancy after final inspection & submittal of Certificate of Completion, construction
logbook, as-built plans and specifications and the Building Inspection Sheet all signed by contractor & signed and sealed by
the Owner’s duly licensed Architect or Civil Engineer who undertook the full time inspection and supervision of the
construction works
RULE IV – TYPES OF CONSTRUCTION
Type I - wood construction.
Type II - wood construction with protective fire-resistant materials and 1-hr fire resistive throughout
Type III - masonry and wood construction.
Type IV - steel, iron, concrete, or masonry construction
Type V - 4-hour fire-resistive throughout and the structural elements shall be of steel, iron, concrete, or masonry
construction.
Fire Resistive Requirements
o Exterior bearing and non-bearing walls
Types II and III - 1-hr fire-resistive rating
Types IV and V - 4-hr fire-resistive rating.
o Interior bearing walls, permanent partitions, floors, and roofs
Types II, III and IV Construction - 1-hr fire-resistive rating
Type V - 3-hr fire-resistive rating for bearing walls and 1-hr fire-resistive rating for vertical
openings, floors and roofs.
o Structural frames
Types II and III Construction - 1-hr fire-resistive rating
Type IV - 2-hr fire-resistive rating
Type V - 3-hr fire-resistive rating.
o Exterior doors and windows shall have 1-hr fire-resistive rating for all Types.
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