What Is a Building Permit and Why Is It Crucial?
What is a building permit? Why is it essential to obtain one? What documents do you need, and how can you get a building permit? In this blog, we’ll answer these critical questions. Without a building permit, imagine the stress of having your dream home construction halted or the frustration of not being able to connect essential utilities. Understanding the process can save you from these costly and inconvenient scenarios.
Challenges with "Lot Only" Subdivisions
In our previous blog, we explored the "Yuta data data ang bayad" (lot for installment) scheme, commonly known as "lot only" subdivisions. One major issue with this scheme is the difficulty in securing a building permit. If your lot isn’t registered as a residential property and is still under the mother title, you might face delays or even be unable to get a permit at all. Without a building permit, you’ll have to stop construction and face challenges in applying for water and power connections.
The Importance of a Building Permit
The National Building Code of the Philippines sets minimum standards to safeguard life, health, property, and public welfare. Picture the peace of mind knowing that your building complies with these standards. Without a permit, your building could be deemed unsafe, leading to halted construction or even eviction. A permit ensures your building is secure and meets the necessary codes.
The National Building Code of the Philippines
The Code aims to provide a framework of minimum standards for all buildings and structures. It regulates the location, site, design, quality of materials, construction, use, occupancy, and maintenance (Section 102). The goal is to ensure safety, health, and welfare in line with environmental management and control.
Coverage: The Code applies to all buildings and structures, covering design, location, construction, alteration, repair, conversion, use, occupancy, maintenance, moving, demolition, and additions (Section 103). Buildings constructed before the Code’s approval are exempt unless altered, added to, converted, or repaired.
General Building Requirements (Section 104)
Buildings must follow safe construction principles and be suited to their intended purpose.
Manufacturing or production buildings must observe adequate environmental safeguards.
All buildings and parts must be maintained in safe, sanitary, and good working condition.
Site Requirements (Section 105)
The land for any building or structure must be sanitary, hygienic, and safe.
Sites for human habitation must be at a safe distance from polluted streams, bodies of water, volcanic sites, or potential sources of fire or explosion.
Building Permit
According to the National Building Code (PD 1096): "No person, firm, or corporation shall erect, construct, alter, repair, move, convert, or demolish any building or structure without first obtaining a building permit from the Building Official where the building is located." (Section 301)
Definition: A building permit is a document issued by the Building Official allowing you to start construction, renovation, demolition, or other work on a building or structure. This permit is granted once your plans, specifications, and other documents comply with the National Building Code and its Implementing Rules and Regulations.
Expiration: A building permit expires if work does not begin within one year from the permit date or if work is suspended or abandoned for 120 days.
Penalties: Section 213 outlines penalties for violating the building code. Violators may face fines up to twenty thousand pesos, imprisonment up to two years, or both. Corporations face penalties for responsible officials, and aliens may be deported after serving their sentence or paying the fine.
Why You Need a Building Permit
The Code’s goal is to protect life, health, property, and public welfare. Without a permit, your building may be unsafe for occupancy. The state can halt construction or evict occupants if the building is deemed unsafe. Even with a permit, you must apply for an occupancy permit once construction or renovation is complete to ensure that all codes and standards have been met.
Documents to Prepare
To secure a building permit, gather and prepare the following documents:
Proof of Ownership:
Certified True Copy of the Transfer Certificate of Title (CTC)
Certified True Copy of the Tax Declaration
Latest Real Property Tax Receipt
Notarized Deed of Absolute Sale (if ownership isn’t yet transferred)
Notarized Contract of Lease (if the land is rented)
Application Forms/Technical Documents:
Building permit application form (5 copies) - notarized
Electrical permit application form (3 copies)
Sanitary/plumbing permit application form (3 copies)
Mechanical permit application form (3 copies)
All applications must be in the owner’s name, signed by the owner or authorized representative, and sealed by a professional with a valid PRC license and updated PTR.
Complete Construction Design:
Prepare 5 sets of Detailed Plans: Location Plan, Site Development Plan, Vicinity Map, Architectural Plan, Structural Plan, Sanitary/Plumbing Plan, Electrical Plan, Mechanical Plan, Electronics Plan, Fire Protection Plan (if applicable)
Prepare 3 sets of Structural Design and Computation, Bill of Materials/Cost Estimates (signed and sealed by an engineer or architect)
For two-story buildings: Structural Design Analysis (signed and sealed by Civil Engineer)
For buildings over two stories: Boring and Plate Load Test, Seismic Analysis
Others:
Permit Billboard (0.60 X 0.90 Plywood)
Locational Clearance
Clearance from DPWH if along a National Highway
DOLE Clearance
Building Permit Application Procedure
Follow these steps to apply for a building permit:
Get a Requirements-Checklist and application forms from the Office of the Building Official (OBO). Your architect and engineers will fill out the forms.
Submit the completed forms and required documents to the OBO.
If the requirements are complete, you will receive an "Acknowledgement Slip" with your application’s status date.
Within 10 working days, you will receive an order of payment. Pay the fee at the cashier’s office.
After five days, the building permit will be released upon submission of the payment receipt.
Exemption of the building permit requirement:
Section 29 of the “Revised Implementing Rules and Regulations of the National Building Code of the Philippines (P.D. 1096)” states: "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 (P 15,000.00)." Take note that the exemption is not on the building permit per se but on the payment of the building permit. Section 301 number 3 talks about exemption from building permit. Exemption From Building Permits
Building permits are not required for the following minor constructions and repairs, as long as they comply with the Code and its Implementing Rules and Regulations (IRR):
Minor Constructions:
Sheds, greenhouses, playhouses, aviaries, poultry houses, etc., up to 6 sq. meters, detached from other buildings, for private use.
Open terraces or patios up to 20 sq. meters, directly on the ground, for private use.
Installation of window grilles.
Garden pools up to 500 mm deep, for water plants or aquarium fish.
Garden masonry walls up to 1.20 meters high, footpaths, residential garden walks, and driveways.
Repair Works:
Repairs not involving structural changes, such as replacing roofing sheets, gutters, downspouts, fascias, ceilings, and sidings.
Repair or replacement of non-load-bearing partition walls.
Interior repairs or replacements not involving additions or alterations.
Repair or replacement of doors and windows.
Repair or replacement of flooring.
Repair of perimeter fences and walls.
Repair or replacement of plumbing fixtures and fittings in single detached dwellings and duplexes.
This discussion is for educational purposes only. Consult your lawyer for advice on your specific case. For any questions, contact us.
If you’re planning to buy a residential lot, house-and-lot, or condo unit, get in touch with us at 0920 207 5035 or email cebuhousefinder@yahoo.com for free assistance.
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