National Building Code of the Philippines

SECTION 206. Qualifications of Building Officials. No person shall be appointed as a 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 two years. 4. Has at least five years of diversified and professional experience in building design and construction. SECTION 207. Duties of a Building Official. In his respective territorial jurisdiction, the Building Official shall be primarily responsible for the enforcement of the provisions of this Code as well as of the implementing rules and regulations issued therefor. He is the official charged with the duties of issuing building permits. In the performance of his duties, a Building Official may enter any building or its premises at all reasonable times to inspect and determine compliance with the requirements of this Code, and the terms and conditions provided for in the building permit as issued. When any building work is found to be contrary to the provisions of this Code, the Building Official may order the work stopped and prescribe the terms and/or conditions when the work will be allowed to resume. Likewise, the Building Official is authorized to 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 provisions of this Code. SECTION 208. Fees. Every Building Official shall 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. Subject to existing budgetary, accounting and auditing rules and regulations, the Building Official is hereby authorized to retain not more than twenty percent of his collection for the operating expenses of his office. The remaining eighty percent shall be deposited with the provincial, city or municipal treasurer and shall accrue to the General Fund of the province, city or municipality concerned. SECTION 209. Exemption. Public buildings and traditional indigenous family dwelling shall be exempt from payment of building permit fees. As used in this Code, the term "additional 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. SECTION 210. Use of Income from Fees. Any provision of law to the contrary notwithstanding, the Secretary is hereby authorized to prescribe the procedures for the use of all net income realized by the office of the Building Official from the collection of fees and charges not exceeding twenty percent thereof in accordance with Section 208. Such income may be used to cover necessary operating expenses including the purchase of equipment, supplies and materials, traveling expenses, obligation expenses and sheriff's fees and payment of other prior years' obligations not adequately funded, subject to existing budgetary and auditing rules and regulations. SECTION 211. Implementing Rules and Regulations. In the implementation of the provisions of this Code, the Secretary shall formulate necessary rules and regulations and adopt design and construction standards and criteria for buildings and other structures. Such standards, rules and regulations shall take effect after their publication once a week for three consecutive weeks in a newspaper of general circulation. SECTION 212. Administrative Fines. For the violation of any of the provisions of this Code or any of the rules or regulations issued thereunder the Secretary is hereby empowered to prescribe and impose fines not exceeding ten thousand pesos. SECTION 213. Penal Provisions. 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 the same to be done contrary to or in violation of any provision of this Code. Any person, firm or corporation who shall violate any of the provisions of this Code and/or commit any act hereby declared to be unlawful shall upon conviction, be punished by a fine of not more than twenty thousand pesos or by imprisonment of not more than two years or by both such fine and imprisonment: Provided, that in the case of a corporation firm, partnership or association, the penalty shall be imposed upon its officials responsible for such violation and in case the guilty party is an alien, he shall immediately be deported after payment of the fine and/or service of his sentence. 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. SECTION 216. Other Remedies. The rights, actions and remedies provided in this Code shall be in addition to any and all other rights of action and remedies that may be available under existing laws. CHAPTER 3 PERMITS AND INSPECTION SECTION 301. 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 cause the same to be done without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building is located or the building work is to be done. SECTION 302. Application for permits. In order to obtain a building permit, the applicant shall file an application therefor in writing and on the prescribed form from the office of the Building Official. Every application shall provide at least the following information: (1) A description of the work to be covered by the permit applied for; (2) Certified true copy of the TCT covering the lot on which the proposed work is to be done. If the applicant is not the registered owner, in addition to the TCT, a copy of the contract of lease shall be submitted; (3) The use or occupancy for which the proposal work is intended; (4) Estimated cost of the proposed work. To be submitted together with such application are at least five sets of corresponding plans and specifications prepared, signed and sealed by a duly mechanical engineer in case of mechanical plans, and by a registered electrical engineer in case of electrical plans, except in those cases exempted or not required by the Building Official under this Code.