SECTION 101.

TITLE shall hereinafter be referred

This Decree shall be known to as the “Code”.
as the “National Building
Continue to Page 2
Code of the Philippines” and
shall hereinafter be referred
to as the “Code”.
SECTION 102. Declaration of Policy respects to the principles of safe construction
It is hereby declared to be the policy of the State and must be suited to the purpose for which they
to safeguard life, health, property, and public are designed.
welfare, consistent with the principles of sound (b) Buildings or structures intended to be used
environmental management and control; and to for the manufacture and/or production of any
this end, make it the purpose of this Code to kind of article or product shall observe adequate
provide for all buildings and structures, a environmental safeguards.
framework of minimum standards and (c) Buildings or structures and all parts thereof
requirements to regulate and control their as well as all facilities found therein shall be
location, site, design, quality of materials, maintained in safe, sanitary and good working
construction, use, occupancy, and maintenance. condition.
SECTION 103. Scope and Application SECTION 105. Site Requirements
(a) The provisions of this Code shall apply to the The land or site upon which will be constructed
design, location, siting, construction, alteration, any building or structure, or any ancillary or
repair, conversion, use, occupancy, auxiliary facility thereto, shall be sanitary,
maintenance, moving, demolition of, and hygienic or safe. In the case of sites or buildings
addition to public and private buildings and intended for use as human habitation or abode,
structures, except traditional indigenous family the same shall be at a safe distance, as -
dwellings as defined herein. determined by competent authorities, from
(b) Buildings and/or structures constructed streams or bodies of water and/or sources of air
before the approval of this Code shall not be considered to be polluted; from a volcano or
affected thereby except when alterations, volcanic site and/or any other building
additions, conversions or repairs are to be made considered to be a potential source of fire or
therein in which case, this Code shall apply only explosion.
to portions to be altered, added, converted or SECTION 106. Definitions
repaired. As used in this Code, the words, terms and
SECTION 104. General Building phrases enumerated in Annex “A” hereof shall
Requirements have the meaning or definition, correspondingly
provided therein
(a) All buildings or structures as well as
accessory facilities thereto shall conform in all
SECTION 201. Responsibility for with this Code.
Administration and Enforcement (2) Issue and promulgate rules and regulations
to implement the provisions of this Code and
The administration and enforcement of the ensure compliance with policies, plans,
provisions of this Code including the imposition standards and guidelines formulated under
of penalties for administrative violations paragraph 1 of this Section.
thereof is hereby vested in the Secretary of
Public Works, Transportation and (3) Evaluate, review, approve and/or take final
Communications, hereinafter referred to as the action on changes and/or amendments to
“Secretary”. existing Referral Codes as well as on the
incorporation of other referral codes which are
not yet expressly made part of this Code.
SECTION 202. Technical Staff
The Secretary is hereby authorized to constitute (4) Prescribe and fix the amount of fees and
and provide in his Department a professional other charges that the Building Official shall
staff composed of highly qualified architects, collect in connection with the performance of
engineers and technicians who possess regulatory functions.
diversified and professional experience in the
field of building design and construction. SECTION 204. Professional and Technical
Assistance
SECTION 203. General Powers and The Secretary with the assistance of his
Functions of the Secretary under this technical staff shall provide such professional,
Code technical, scientific and other services including
For purposes of carrying out the provisions of testing laboratories and facilities as may be
this Code, the Secretary shall exercise the required to carry out the provisions of this Code;
following general powers and functions: Provided that the Secretary may secure such
(1) Formulate policies, plans, standards and services as he may deem necessary from other
guidelines on building design, construction, use, agencies of the National Government and may
occupancy and maintenance, in accordance make arrangement for the compensation of such
services. He may also engage and compensate 4. Has at least five years of diversified and
within appropriations available therefore, the professional experience in building design and
services of such number of consultants, experts construction.
and advisers on full or part time basis, as may be
necessary, coming from the government or SECTION 207. Duties of a Building Official
private businesses, entities or associations to In his respective territorial jurisdiction, the
carry out the provisions of this Code. Building Official shall be primarily responsible
for the enforcement of the provisions of this
SECTION 205. Building Officials Code as well as of the implementing rules and
Except as otherwise provided herein, the regulations issued therefor. He is the official
Building Official shall be responsible for charged with the duties of issuing building
carrying out the provisions of this Code in the permits.
field as well as the enforcement of orders and In the performance of his duties, a Building
decisions made pursuant thereto. Official may enter any building or its premises at
Due to the exigencies of the service, the all reasonable times to inspect and determine
Secretary may designate incumbent Public compliance with the requirements of this Code,
Works District Engineers, City Engineers and and the terms and conditions provided for in the
Municipal Engineers to act as Building Officials building permit issued.
in their respective areas of jurisdiction. When any building work is found to be contrary
The designation made by the Secretary under to the provisions of this Code, the Building
this Section shall continue until regular Official may order the work stopped and
positions of Building Official are provided or prescribe the terms and/or conditions when the
unless sooner terminated for causes provided by work will be allowed to resume. Likewise, the
law or decree. The National Building Code (P.D. Building Official is authorized to order the
1096) discontinuance of the occupancy or use of any
building or structure or portion thereof found to
SECTION 206. Qualifications of Building be occupied or used contrary to the provisions of
this Code.
Officials
No person shall be appointed as a Building
Official unless he possesses the following
SECTION 208. Fees
qualifications: Every Building Official shall keep a permanent
1. A Filipino citizen and of good moral character. record and accurate account of all fees and other
2. A duly registered architect or civil engineer. charges fixed and authorized by the Secretary to
3. A member of good standing of a duly be collected and received under this
accredited organization of his profession for not Code.
less than two years. Subject to existing budgetary, accounting and
auditing rules and regulations, the Building budgetary and auditing rules and regulations.
Official is hereby authorized to retain not more The National Building Code (P.D. 1096)
than twenty percent of his collection for the
operating expenses of his SECTION 211. Implementing Rules and
office. Regulations
The remaining eighty percent shall be deposited In the implementation of the provisions of this
with the city or municipal treasurer and shall Code, the Secretary shall formulate necessary
accrue to the General Fund of the province, city rules and regulations and adopt design and
or municipality concerned. construction standards and criteria for
buildings and other structures. Such standards,
SECTION 209. Exemption rules and regulations shall take effect after their
Public buildings and traditional indigenous publication once a week for three consecutive
family dwellings shall be exempt from payment weeks in a newspaper of general circulation.
of building permit fees.
As used in this Code, the term “traditional SECTION 212. Administrative Fines
indigenous family dwelling” means a dwelling For the violation of any of the provisions of this
intended for the use and occupancy by the Code or any of the rules or regulations issued
family of the owner only and constructed of thereunder, the Secretary is hereby empowered
native materials such as bamboo, nipa, logs, or to prescribe and impose fines not exceeding ten
lumber, the total cost of which does not exceed thousand pesos.
fifteen thousand pesos.
SECTION 213. Penal Provisions
It shall be unlawful for any person, firm or
SECTION 210. Use of Income from Fees corporation, to erect, construct, enlarge, alter,
Any provision of law to the contrary repair, move, improve, remove, convert,
notwithstanding, the Secretary is hereby demolish, equip, use, occupy, or maintain any
authorized to prescribe the procedures for the building or structure or cause the same to be
use of all net income realized by the office of the done contrary to or in violation of any provision
Building Official from the collection of fees and of this Code.
charges not exceeding twenty percent thereof in Any person, firm or corporation who shall
accordance with Section 208. violate any of the provisions of this Code and/or
Such income may be used to cover necessary commit any act hereby declared to be unlawful
operating expenses including the purchase of shall upon conviction, be punished by a fine of
equipment, supplies and materials, traveling not more than twenty thousand pesos or by
expenses, obligation expenses and sheriff’s fees imprisonment of not more than two years or by
and payment of other prior years’ obligations both such fine and imprisonment: Provided, that
not adequately funded, subject to existing 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.
SECTION 301. Building Permits
To be submitted together with such application
No person, firm or corporation, including any
are at least five sets of corresponding plans and
agency or instrumentality of the government
specifications prepared, signed and sealed by a
shall erect, construct, alter, repair, move,
duly registered mechanical engineer in case of
convert or demolish any building or structure or
mechanical plans, and by a registered electrical
cause the same to be done without first
engineer in case of electrical plans, except in
obtaining a building permit therefor from the
those cases exempted or not required by the
Building Official assigned in the place where the
Building Official under this Code.
subject building is located or the building work is
to be done.
SECTION 303. Processing of Building
SECTION 302. Application for Permits Permits
In order to obtain a building permit, the The processing of building permits shall be
applicant shall file an application therefor in under the overall administrative control and
writing and on the prescribed form from the supervision of the Building Official and his
Office of the Building Official. Every application technical staff of qualified
shall provide at least the following information: professionals.
(1) A description of the work to be covered by the In processing an application for a building
permit applied for; permit, the Building Official shall see to it that
(2) Certified true copy of the TCT covering the lot the applicant satisfies and conforms with
on which the proposed work is to be done. If the approved standard requirements on zoning and
applicant is not the registered owner, in addition land use, lines and grades, structural design,
to the TCT, a copy of the contract of lease shall be sanitary and sewerage, environmental health,
submitted; electrical and mechanical safety as well as with
(3) The use or occupancy for which the proposal other rules and regulations promulgated in
work is intended; accordance with the provisions of this Code.
(4) Estimated cost of the proposed work.
SECTION 304. Issuance of Building said plans and specifications or from preventing
Permits or ordering the stoppage of any or all building
When satisfied that the work described in an operations being carried on thereunder which
application for building permit and the plans are in violation of this Code.
and specifications submitted therewith, A building permit issued under the provisions of
conform to the requirements of this Code and this Code shall expire and become null and void
other pertinent rules and regulations, the if the building or work authorized therein is not
Building Official shall, within fifteen days from commenced within a period of one year from the
date of such permit, or if the building or work so
payment of the required fees by the applicant,
authorized is suspended or abandoned at any
issue the building permit applied
time after it has been commenced, for a period of
for.
120 days.
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 SECTION 306. Non-Issuance, Suspension
specifications submitted together with the or Revocation of Building Permits
application do not cover the entire building or The Building Official may order or cause the non-
structure. issuance, suspension or revocation of building
Approved plans and specifications shall not be permits on any or all of the following reasons or
changed, modified or altered without the grounds:
approval of the Building Official and the work (a) Errors found in the plans and specifications;
shall be done strictly in accordance thereto. (b) Incorrect or inaccurate data or information
supplied;
(c) Non-compliance with the provisions of this
SECTION 305. Validity of Building Permits
Code or of any rule or regulation. Notice of non-
The issuance of a building permit shall not be
issuance, suspension or revocation of building
construed as an approval or authorization to the
permits shall always be made in writing, stating
permittee to disregard or violate any of the
the reason or grounds therefor.
provisions of this Code. The National Building
Code (P.D. 1096)
SECTION 307. Appeal
Whenever the issuance of a permit is based on
Within fifteen (15) days from the date of receipt
approved plans and specifications which are
of advice of the non-issuance, suspension or
subsequently found defective, the Building
revocation of permits, the applicant/permittee
Official is not precluded from requiring
may file an appeal with the Secretary who shall
permittee to effect the necessary corrections in
render his decision within fifteen days from date
 of receipt of notice of appeal. The decision of the SECTION 309. Certificate of Occupancy
Secretary shall be final subject only to review by
No building or structure shall be used or
the Office of the President.
occupied and no change in the existing use or
occupancy classification of a building or
SECTION 308. Inspection and Supervision structure or portion thereof shall be made until
of Work the Building Official has issued a Certificate of
The owner of the Building who is issued or Occupancy therefor as provided in this
granted a building permit under this Code shall Code.
engage the services of a duly licensed architect A Certificate of Occupancy shall be issued by the
or civil engineer to undertake the full time Building Official within thirty (30) days if after
inspection and supervision of the construction final inspection and submittal of a Certificate of
work. Completion referred to in the preceding Section,
Such architect or civil engineer may or may not it is found that the building or structure
be the same architect or civil engineer who is complies with the provisions of this
responsible for the design of the building. Code.
It is understood however that in either case, the The Certificate of Occupancy shall be posted or
designing architect or civil engineer is not displayed in a conspicuous place on the premises
precluded from conducting inspection of the and shall not be removed except upon order of
construction work to check and determine the Building Official. The National Building Code
compliance with the plans and specifications of (P.D. 1096)
the building as submitted. The non-issuance, suspension and revocation of
There shall be kept at the jobsite at all times a Certificates of Occupancy and the procedure for
logbook wherein the actual progress of appeal therefrom shall be governed in so far as
construction including tests conducted, weather applicable, by the provisions of Section 306 and
conditions and other pertinent data are to be 307 of this Code.
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 401. Types of Construction resistive. The structural elements shall be of
For purposes of this Code, all buildings proposed steel, iron, concrete, or masonry construction.
for construction shall be classified or identified Walls, ceilings, and permanent partitions shall
according to the following types: be of incombustible fire-resistive construction.
(1) Type I – Type I buildings shall be of wood
construction. The structural elements may be
SECTION 402. Changes in Types
any of the materials permitted by this Code
(2) Type II – Type II buildings shall be of wood No change shall be made in the type of
construction with protective fire-resistant construction of any building which would place
materials and one-hour fire-resistive the building in a different sub-type or type of
throughout: Except, that permanent non- construction unless such building is made to
bearing partitions may use fire-retardant comply with the requirements for such sub-type
treated wood within the framing assembly. of construction: Except, when the changes is
(3) Type III – Type III buildings shall be of approved by the Building Official upon showing
masonry and wood construction. Structural that the new or proposed construction is less
elements may be any of the materials permitted hazardous, based on life and fire risk, than the
by this Code: Provided, that the building shall be existing construction.
one-hour fire-resistive throughout. Exterior
walls shall be of incombustible fire-resistive
construction. SECTION 403. Requirements on Type of
(4) Type IV – Type IV buildings shall be of steel, Construction
iron, concrete, or masonry construction. Walls, Subject to the provisions of this Chapter, the
ceilings, and permanent partitions shall be of Secretary shall prescribe standards for each
incombustible fire-resistive construction: type of construction, and promulgate rules and
Except, that permanent non-bearing partitions regulations therefor, relating to structural
of one-hour fire-resistive construction may use framework, exterior walls and openings,
fire-retardant treated wood within the framing interior walls and enclosures, floors, exits and
assembly. stairs construction, and roofs.
(5) Type V – Type V buildings shall be fire-