NATIONAL BUILDING CODE

OF THE PHILIPPINES
PRESIDENTIAL DECREE NO. 1096

ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES

THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE
HUNDRED FORTY ONE

WHEREAS, … makes imperative the formulation and adoption to a uniform

building code which shall embody up-to-date and modern technical knowledge
on building design, construction, use, occupancy, maintenance;

WHEREAS, while there is Republic Act No. 6541, entitled "An Act to Ordain and
Institute a National Building Code of the Philippines", the same does not
conform with the developmental goals and infrastructure program of the
Government and does not adequately provide for all the technological
requirements of buildings and structures, in terms of up-to-date design and
construction standards and criteria;
WHEREAS, in the formulation of a new national building code, it is desire and
policy of the Government to avail of and harness the technical expertise and
professional know-how to men not only in the public but in the private sectors
as well.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the revision of Republic
Act. No. 6541 to read as follows:
 CHAPTER I
GENERAL PROVISIONS

Section 101. TITLE

This Decree shall be known as the "National Building Code of the Philippines"
and shall hereinafter be referred to as the "Code".

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 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.
 Section 103. SCOPE AND APPLICATION

(a) The provisions of this Code shall apply to the design, location, sitting,
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.

(b) Building 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
portions to be altered, added, converted or repaired.

Section 104. GENERAL BUILDING REQUIREMENTS

(a) All buildings or structures as well as accessory facilities thereto shall

conform in all respects to the principles of the safe construction and must be
suited to the purpose for which they are designed.

(b) Buildings or structures intended to be used for the manufacture and/or

production of any kind of article or product shall observe adequate
environmental safeguards.
(c) Buildings or structures and all parts thereof as well as all facilities found
therein shall be maintained in safe, sanitary and good working condition.

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 the 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

As used in this Code, the words, terms and phrases enumerated in Annex
"A" hereof shall have the meaning or definition, correspondingly provided
therein.
 CHAPTER II
ADMINISTRATION AND ENFORCEMENT

Section 201. RESPONSIBILITY FOR ADMINISTRATION AND

ENFORCEMENT

The administration and enforcement of the provisions of this Code including

the imposition of penalties for administrative violations thereof is hereby
vested in the Secretary of Public Works, Transportation and Communications,
hereinafter referred to as the "Secretary".

Section 202. TECHNICAL STAFF

The Secretary is hereby authorized to constitute and provide in his

Department a professional staff composed of highly qualified architects,
engineers and technicians who possess diversified and professional
experience in the field of building design and construction.
 Section 203. GENERAL POWERS AND FUNCTIONS OF THE SECRETARY
UNDER THIS CODE
For purposes of carrying out the provisions of this Code, the Secretary shall
exercise the following general powers and functions:

(1) Formulate policies, plans, standards and guidelines on building design,

construction, use occupancy and maintenance, in accordance with this Code.

(2) Issue and promulgate rules and regulations to implement the provisions of
this Code and ensure compliance with policies, plans, standards and guidelines
formulated under paragraph 1 of this Section.

(3) 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 part of this Code.

(4) Prescribe and fix the amount of fees and other charges that the Building
Official shall collect in connection with the performance of regulatory
functions.
 Section 204. PROFESSIONAL AND TECHNICAL ASSISTANCE

The Secretary with the assistance of his technical staff shall provide such
professional, technical, scientific and other services including testing
laboratories and facilities as may be required to carry out the provisions of
this Code; Provided that the Secretary may secure such services as he may
deem necessary from other agencies of the National Government and may
make arrangement for the compensation of such services. He may also
engage and compensate within appropriations available therefor, the
services of such number of consultants, experts and advisers on full or part-
time basis, as may be necessary, coming from the government or private
businesses, entities or associations to carry out the provisions of this Code.
Section 205. BUILDING OFFICIALS
Except as otherwise provided herein, the Building Official 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.

Due to the exigencies of the service, the Secretary may designate

incumbent Public Works District Engineers, City Engineers and Municipal
Engineers act as Building Officials in their respective areas of jurisdiction.
The designation made by the Secretary under this Section shall continue
until regular positions of Building Official are provided or unless sooner
terminated for causes provided by law or decree.

Section 206. QUALIFICATIONS OF A BUILDING OFFICIAL

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 OR RUINOUS BUILDINGS
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 III
PERMITS AND INSPECTION

Section 301. BUILDING PERMIT

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.

Section 303. PROCESSING OF BUILDING PERMITS

The processing of building permits shall be under the overall administrative
control and supervision of the Building Official and his technical staff of
qualified professionals. In processing an application for a building permit, the
Building Official shall see to it that the applicant satisfies and conforms with
approved standard requirements on zonings and land use, lines and grades,
structural design, sanitary and sewerage, environmental health, electrical
and mechanical safety as well as with other rules and regulations
promulgated in accordance with the provisions of this Code.
 Section 304. ISSUANCE OF BUILDING PERMITS
When satisfied that the work described in an application for building permit
and the plans and specifications submitted therewith, conform to the
requirements of this Code and other pertinent rules and regulations, the
Building Official shall, within fifteen days from payment of the required fees by
the applicant, issue the building permit applied for.

The Building Official may issue a permit for the construction of only a part or
portion of a building or structure whenever the plans and specifications
submitted together with the application do not cover the entire building or
structure.

Approved plans and specifications shall not be changed, modified or altered

without the approval of the Building Official and the work shall be done strictly
in accordance thereto.
 Section 305. VALIDITY OF BUILDING PERMITS

The issuance of a building permit shall not be construed as an approval or

authorization to the permittee to disregard or violate any of the provisions of
this Code.
Whenever the issuance of a permit is based on approved plans and
specifications which are subsequently found defective, the Building Official is
not precluded from requiring permittee to effect the necessary corrections in
said plans and specifications or from preventing or ordering the stoppage of
any or all building operations being carried on thereunder which are in
violation of this Code.
A building permit issued under the provisions of this Code shall expire and
become null and void if the building or work authorized therein is not
commenced within a period of one year from the date of such permit, or if
the building or work so authorized is suspended or abandoned at any time
after it has been commenced, for a period of 120 days.
 Section 306. NON-ISSUANCE, SUSPENSION OR REVOCATION OF
BUILDING PERMITS
The Building Official may order or cause the non-issuance, suspension or
revocation of building permits on any or all of the following reasons or
grounds:
(a) Errors found in the plans and specifications;
(b) In correct or inaccurate data or information supplied;
(c) Non-compliance with the provisions of this Code or of any rule or
regulation.
Notice of non-issuance, suspension or revocation of building permits shall
always be made in writing, stating the reason or grounds therefor.

Section 307. APPEAL

Within fifteen (15) days from the date of receipt of advice of the non-issuance,
suspension or revocation of permits, the applicant/permittee may file an
appeal with the Secretary who shall render his decision within fifteen days
from date of receipt of notice of appeal. The decision of the Secretary shall
be final subject only to review by the Office of the President.
 Section 308. INSPECTION AND SUPERVISION

The owner of the Building who is issued or granted a building permit under this
Code shall engage the services of a duly licensed architect or civil engineer to
undertake the full time inspection and supervision of the construction work.
Such architect or civil engineer may or may not be the same architect or civil
engineer who is responsible for the design of the building.
It is understood however that in either case, the designing architect or civil
engineer is not precluded from conducting inspection of the construction
work to check and determine compliance with the plans and specifications of
the building as submitted.
There shall be kept at the jobsite at all times a logbook wherein the actual
progress of construction including tests conducted, weather conditions and
other pertinent data are to be recorded. Upon completion of the construction,
the said licensed architect or civil engineer shall submit the logbook, duly
signed and sealed, to the Building Official. He shall also prepare and submit a
Certificate of Completion of the project stating that the construction of
building conforms to the provisions of this Code as well as with the approved
plans and specifications.
 Section 309. CERTIFICATE OF OCCUPANCY

No building or structure shall be used or occupied and no change in the

existing use or occupancy classification of a building or structure or portion
thereof shall be made until the Building Official has issued a Certificate of
Occupancy therefor as provided in this Code.

A certificate of Occupancy shall be issued by the Building Official within thirty

(30) days if after final inspection and submittal of a Certificate of Completion
referred to in the preceding section, it is found that the building or structure
complies with the provisions of this Code.

The Certificate of Occupancy shall be posted or displayed in a conspicuous

place on the premises and shall not be removed except upon order of the
Building Official.

The non-issuance, suspension and revocation of Certificates of Occupancy

and the procedure for appeal therefrom shall be governed in so far as
applicable, by the provisions of Section 306 and 307 of this Code.
 CHAPTER IV
TYPES OF CONSTRUCTION
Section 401. TYPES OF CONSTRUCTION
For purposes of this Code, all buildings proposed for construction
shall be classified or identified according to the following types

1. Type I. Type I buildings shall be a wood construction. The

structural elements may be any of the materials permitted by this
Code.
2. Type II. Type II buildings shall be of wood construction with
protective fire-resistant materials and one-hour fireresistive
throughout: Except, that permanent non-bearing partitions may
use fire-retardant treated wood within the framing assembly.
3. Type III. Type III buildings shall be of masonry and wood
construction. Structural elements may be any of the 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. Type IV buildings shall be of steel, iron, concrete, or
masonry construction. Walls, ceiling, and permanent partitions shall be
of incombustible fireresistive 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. Type V buildings shall be fire-resistive. The structural
elements shall be of steel, iron, concrete, or masonry construction. Walls,
ceilings, and permanent partitions shall be of incombustible fire-resistive
construction.

Section 402. CHANGES IN TYPES

No change shall be made in the type of construction of any building

which would place the building in a different sub-type or type of
construction unless such building is made to comply with the
requirements for such sub-type of construction: Except, when the
changes is approved by the Building Official upon showing that the new
or proposed construction is less hazardous, based on life and fire risk,
than the existing construction.
 Section 402. REQUIREMENTS ON TYPE OF CONSTRUCTION

Subject to the provisions of this Chapter, the Secretary shall prescribe

standards for each type of construction, and promulgate rules and
regulations therefor, relating to structural framework, exterior walls and
openings, interior walls and enclosures, floors, exists, and stairs construction,
and roofs.
PREPARED AND REPORTED BY:

Mary Chris Bragais

Jelly Joy Budao
Cyreene Encinares
Nikka Mae Espino

John Hubert Alagaban

Lionel Andes
Sherwin Marc Andes
Christian Aňonuevo

BS AR3B