NATIONAL BUILDING CODE OF THE PHILIPPINES

THE FIRST NATIONAL BUILDING CODE

RA-6541. entitled An Act to Ordain and Institute a National Building Code of the Philippines was passed by the defunct congress in its last session in 1972. The organizational structure and the machinery conceived in the code to oversee the implementation of its provisions were vested in the Joint Building and environmental Planning Research and Standards Commission.

When the martial law was declared on September 21, 1972, the enforcement and administration of RA-6541 was deemed nullified with the abolition of congress from which most of the Commission s membership was drawn. The formation and adoption of an up-to-date National Building Code was therefore one of the imperatives of time and necessity. A new National Building Code therefore was promulgated under PD-1096 on February 19, 1977 that revised RA-6541.

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 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.

SCOPE AND APPLICATIONS

The provisions of this Code shall 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 as defined herein.

Buildings and/or structures constructed before the approval of this Code shall not be affected thereby except when alterations, additions, conversions, or repairs are to be made therein, in which case, this Code shall apply only to the portions to be altered, added, converted, or repaired.

GENERAL BUILDING REQUIREMENTS

1. All buildings or structures, as well as accessory facilities thereto, shall conform in all respect to the safe construction and must be suited to the purpose for which they are designed.

2. Buildings or structures intended for the manufacture and/or production of any kind of article or product shall observe adequate environmental safeguards. 3. Buildings or structures and all parts thereof, as well as all facilities found therein, shall be maintained in safe, sanitary and good working condition.

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 the case of sites of buildings intended for the 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.

DEFINITION OF TERMS
1. Structure - That which is built or constructed, or any piece of work built up or composed of parts joined together in some definite manner. 2. Building - Any structure built for the support, shelter or enclosure of persons, animals, chattels or properties of any kind.

3. Traditional Indigenous Family Dwelling A building used as a dwelling for the use and occupancy of 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 (P15,000) pesos.

4. Ancillary Building/Structure A secondary building or structure located on the same premises or lot, the use of which is incidental to that of the main building or structure. 5. Construction All on-site work down from site preparation, excavation, foundation, and assembly of all components of buildings or structures.

6. Erection Installation in place of all components of buildings or structures. 7. Addition Any new construction which increases the height or area of an existing building or structure.

8. Alteration Construction in a building or structure involving changes in materials used but does not increase the overall area thereof. 9. Renovation Any physical change made on a building or structure to increase its value, utility and/or improve its aesthetic quality.

10. Conversion A change in the use or occupancy of a building or structure or any portion/s thereof. 11. Repair Remedial work done on any damage or deteriorated portion/s of a building or structure to restore its original condition.

RESPONSIBILITY OF ADMINISTRATION AND ENFORCEMENT

The administration and enforcement of this Code, including the imposition of penalties for administrative violations thereof is vested in the Secretary, DPWH, herein after referred to as the Secretary .

GENERAL POWERS AND FUNCTIONS OF THE SECRETARY

For the purpose of carrying out the provisions of this Code, the Secretary shall exercise the following powers and functions: 1. Formulate policies, plans, standards and guidelines on building design, construction, use, occupancy and maintenance;

2. Issue and promulgate rules and regulations to implement the provisions of this Code and ensure compliance with the policies, plans, standards and guidelines as formulated;

3. Evaluate, review, approve and/or take final action changes and/or amendments to existing referral Codes, as well as on the incorporation of other referral Codes which are not yet expressly made part of this Code; and 4. Prescribe and fix the amount of fees and other charges that the Building Official shall conduct in connection with the performance of regulatory functions.

BUILDING OFFICIAL
The Secretary shall designate Building Official in cities and municipalities who shall be responsible for carrying out the provisions of this code in the field, as well as the enforcement of orders and decisions made pursuant thereto.

QUALIFICATIONS OF A BUILDING OFFICIAL

On person shall be appointed as a Building official unless he possesses the following qualifications: A Filipino citizen of good moral character. A duly licensed Architect or Civil Engineer.

1. 2.

3. A ember of good standing of a duly accredited organization of his profession for not less than two years. 4. Has at least five years of diversified and professional experienced in building design and construction.

DUTIES OF A BUILDING OFFICIAL

1. Shall be primarily responsible for the enforcement of the provisions of this code, as well as the implementing rules and regulation issued therefore, in his area of territorial jurisdiction. 2. Charge with the duties of issuing building permits and certificates of occupancy.

3. Enter any building or its premises at reasonable times to inspect and determine the compliance with the requirements of the code and the terms and conditions provided in the building permit. 4. Order the work stopped and prescribe the terms and conditions when the work will be allowed to be resumed, if the work is found to be contrary to the provisions of this code.

5. Order the discontinuance of the occupancy or use of any building or structure or portion thereof found to be occupied or used contrary to the provision of this code. 6. Keep a permanent record and accurate account of all fees and other charges fixed and authorized by the Secretary to be collected and received under this code.

BUILDING PERMITS
No person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert or demolish any building or structure or 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 the building work is to be done.

APPLICATION FOR PERMITS

In order to obtain a building permit, the applicant shall file an application in writing and on the prescribed form with the Office of the Building Official, together with the following information: 1. A description of the work to be done and covered by permit applied for. 2. Description and ownership of the lot on which the proposed work is to be done as evidenced by a TCT.

3. The use or occupancy for which the proposed work is intended. 4. Estimated cost of proposed work 5. Five (5) sets of plans and specifications prepared, signed and sealed by a licensed architect or civil engineer in case of architectural or structural plans, mechanical engineer in case of mechanical plans, electrical engineer in case of electrical plans, sanitary engineer in case of sanitary/plumbing plans and such other licensed engineers for other technical plans except in those cases exempted or not required by the Building Official under this code.

MINOR CONSTRUCTION AND REPAIRS

A building permit may not be required for the following: A. Minor Constructions: 1. Sheds, playhouses, aviaries poultry houses and the like not exceeding 6 sq.m. floor area, provided they are completely detached from any other building and intended only for the used of the owner.

2. Addition to open terraces or patios resting directly on the ground not exceeding 20 sq.m. floor area and for use of owner only. 3. Installation of window grills. 4. Garden pools for the cultivation of water plants and/or aquarium fishes not exceeding 500 mm. depths. 5. Erection of garden walls other than party walls not exceeding 1.80 meters in height, cementing of footpaths, garden walks and/or driveways.

B. Minor Repairs: 1. Repair works no affecting any structural member. 2. Repair of non-loading bearing partition walls. 3. Repair and/or replacement of flooring. 4. Repair of perimeter fence and walls. 5. Repair and/or replacement of sanitary and plumbing fixtures. 6. Repair and replacement of deteriorated electrical wirings.

STRUCTURAL DESIGN REQUIREMENTS FOR BUILDINGS

1. Building and all parts thereof shall be of sufficient strength to support the estimated or actual imposed dead or live loads. 2. Impact shall be considered in the design of any structure. 3. Structural members shall be so arranged so as to create continuity, the loading conditions which would cause maximum shear and bending moments considered.

LOAD DEFFINITIONS
1. Dead Load The weight of all the permanent parts of the building/structure. 2. Live Load The weight of all the contents and occupants of the building. 3. Lateral Load Includes horizontal or impact forces due to seismic, winds and other dynamic forces.

TYPES OF CONSTRUCTION
1. Type I Buildings shall be of wood construction. The structural elements may be any of the materials permitted by this Code. 2. Type II Buildings shall be of wood construction with protective fire-resistant materials and onehour fire resistive throughout. Except, that permanent non-bearing partitions may use fire retardant treated wood within the framing assembly.

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

4. Type IV Buildings shall be of steel, iron, concrete, or masonry construction. Walls, ceilings, and permanent partitions shall be of incombustible fire-resistive construction. Except, that permanent non-bearing partitions of onehour fire-resistive construction may use fireresistant treated wood within the framing assembly. 5. Type V Buildings shall be fire-resistive. The structural elements shall be of steel, iron, or masonry construction. Walls, ceilings, and permanent partitions shall be of incombustible fire-resistive construction.

PROCESSING OF BUILDING PERMITS

In processing an application for a building permit, the Building Official and his technical staff shall see to it that the applicant satisfies and conforms with the approved standard requirements on the following:

1. 2. 3. 4. 5. 6. 7. 8.

Zoning and land use. Lines and grades. Sanitary and sewerage. Structural safety. Electrical safety. Mechanical safety. Environmental safety. Fire safety.

ISSUANCE OF BUILDING PERMIT

When satisfied that the work described in the application for building permit and the plans and specifications submitted conforms to the requirements of this Code and other pertinent rules and regulations, the Building Official shall within fifteen (15) days from payment of required fees by the applicant, issue the building permit applied for.

VILIDITY OF BUILDING PERMIT

A building permit issued under the provision of this code shall expire and become null and void if: 1. The building or work authorized therein is not commenced within the period of one year from date such permit. 2. The building of work so authorized is suspended or abandoned, at any time after it has commenced, for a period of 120 days.

NON-ISSUANCE, SUSPENSION OR REVOCATION

The Building Official may order or cause the non-issuance, suspension or revocation of building permits on any or all of the following reasons: 1. Errors found in the plans and specification. 2. Incorrect or inaccurate data or information supplied. 3. Non-compliance with the provision of this code or of any rule or regulation.

Notice of the non-issuance, suspension or revocation of building permits shall always be made in writing, stating the reasons or ground therefore.

APPEAL
The applicant/permittee may file an appeal within fifteen (15) days from date of receipt of advice of non-issuance, suspension, or revocation of permit with the Secretary, who shall render his decisions within 15 days from date of receipt from appeal. The decision of the Secretary shall be final, subject only to review by the office of the President.

ASSESMENT OF BUILDING PERMIT FEES

BASED ON THE FOLLOWING FACTORS: 1. LOCATION 2. TYPE OF OCCUPANCY 3. COST OF CONSTRUCTION 4. FLOOR AREA 5. HEIGHT

OCCUPANCY GROUPS CLASSIFIED AS: 1. CATEGORY I- Residential 2. CATEGORY II- Commercial and Industrial 3. CATEGORY III- Social, Educational and Institutional 4. CATEGORY IV- Agricultural 5. CATEGORY V- Ancillary

DISPOSITION OF INCOME FEES

1. 20% of fees collected shall be retained by the Office of the Building Official for the operating expenses of his Office. 2. Remaining 80% shall be deposited with the City or Municipal Treasurer and shall accrue to the general fund of the City or Municipality.

INSPECTION AND SUPERVISION OF WORK

1. The applicant/permittee who is issued or granted a building permit shall engage the services of a licensed Architect or Civil Engineer to undertake the full time inspection and supervision of the construction work. 2. There shall be kept at the jobsite at all times a logbook wherein the actual progress of construction, including test conducted, weather condition and other pertinent data recorded.

3. Upon completion of the work of construction, the said licensed architect or civil engineer shall submit the logbook, duly signed and sealed, to the Building Official, and prepare and submit a certificate of completion of the project stating that it conforms with the provisions of this code, as well as with the approved plans and specifications.

CERTIFICATE OF OCCUPANCIES
1. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefore as provided in this code.

2. The Building Official shall issue the Certificate of Occupancy within 30 days, if after final inspection and submission of a certificate of completion, it is found that the building or structure complies with the provision of this code.

ADMINISTRATIVE FINES
The Secretary is empowered to prescribe and impose fines not exceeding P 10,000.00 for the violation of any provisions of this code.

PENAL PROVISIONS
1. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause same to be done contrary to or any provision of this code. 2. Penalties upon conviction: a. Fine of not more than P 20,000.00 b. Imprisonment of not more than 2 years. c. Or both such fine and imprisonment.