Building Permit: 15 Days to Issue, 1 Year to Start
LGU · permits
Quick answer
Apply with the Building Official where the work will be done. Once plans conform and fees are paid, the permit issues within 15 days. It becomes void if work does not begin within 1 year, or stops for 120 days. Occupancy needs a separate certificate.
Every figure on this page is from Official Gazette's own published documents.
Last verified 1 source, listed below
Presidential Decree No. 1096, s. 1977, the National Building Code of the Philippines1. PHGuides is independent and not affiliated with any agency.
A building permit comes from the Building Official of the city or municipality where the work will be done, under Presidential Decree No. 1096, the National Building Code of the Philippines, signed 19 February 1977.
The two numbers that catch people out are not about getting the permit. They are about keeping it: 1 year to start, and 120 days of stoppage to lose it.
Who needs one
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 … without first obtaining a building permit.
Note the verbs. Repair, move, convert and demolish each need a permit, not only new construction.
The Code applies to public and private buildings alike, except traditional indigenous family dwellings. Buildings put up before the Code took effect are not caught by it, except as to the portions being altered, added, converted or repaired.
What goes in the application
Section 302 sets the minimum contents.
| Required | Detail |
|---|---|
| Description of the work | Covered by the permit applied for |
| Certified true copy of the TCT | For the lot the work will be done on. If you are not the registered owner, a copy of the contract of lease as well |
| Use or occupancy | What the proposed work is intended for |
| Estimated cost | Of the proposed work |
| Plans and specifications | At least 5 sets, prepared, signed and sealed by the appropriate licensed professional |
In processing it, the Building Official must see that the application conforms to approved standards on zoning and land use, lines and grades, structural design, sanitary and sewerage, environmental health, and electrical and mechanical safety. The zoning check happens here, inside the building permit process.
The clocks
| Event | Period |
|---|---|
| Issuance, once the plans conform | Within 15 days from payment of the required fees |
| Permit becomes void if work is not commenced | Within 1 year from the date of the permit |
| Permit becomes void if work is suspended or abandoned after commencing | For a period of 120 days |
| Appeal a non-issuance, suspension or revocation to the Secretary | Within 15 days from receipt of the advice |
| Secretary decides the appeal | Within 15 days from receipt of the notice of appeal |
| Certificate of Occupancy issued after final inspection | Within 30 days |
A permit may be issued for only a part or portion of a building where the plans submitted do not cover the whole of it.
Approved plans and specifications shall not be changed, modified or altered without the Building Official’s approval, and the work must be done strictly in accordance with them.
Why a permit gets pulled
| Ground | |
|---|---|
| Errors found in the plans and specifications | |
| Incorrect or inaccurate data or information supplied | |
| Non-compliance with the Code or any rule or regulation |
Notice must always be in writing, stating the reason. Issuance of a permit is also not an authorisation to disregard the Code: where approved plans are later found defective, the Building Official may still require corrections or order work stopped.
Supervision, and the logbook
The owner must engage a duly licensed architect or civil engineer for full time inspection and supervision of the construction. It may or may not be the same professional who designed the building, and the designer is not prevented from inspecting to check compliance.
A logbook must be kept at the jobsite at all times, recording actual progress, tests conducted, weather conditions and other pertinent data. On completion it is signed, sealed and submitted to the Building Official together with a Certificate of Completion stating that the construction conforms to the Code and the approved plans.
Occupancy is a separate document
This is where projects stall. Finishing construction does not entitle anyone to move in.
No building shall be used or occupied, and no change in the existing use or occupancy classification made, until the Building Official has issued a Certificate of Occupancy. It follows the final inspection and the Certificate of Completion, issues within 30 days, and must be posted or displayed in a conspicuous place on the premises. It cannot be removed except on the Building Official’s order.
Non-issuance, suspension and revocation of a Certificate of Occupancy, and appeals from those, follow the same rules as for permits. The occupancy permit guide covers that certificate in full, including the 10 occupancy groups and the rule on changing a building’s use. The locational clearance guide covers the zoning ordinance this check runs against, and who issues the clearance.
Fees, and who is exempt
The Code does not fix a peso amount. Fees are those fixed and authorised by the Secretary, and the Building Official keeps a permanent record and accurate account of them.
| Where the money goes | Share |
|---|---|
| Retained by the Building Official for operating expenses | Not more than 20% |
| Deposited with the provincial, city or municipal treasurer, accruing to the General Fund | The remaining 80% |
Exempt from building permit fees: public buildings, and traditional indigenous family dwellings. The Code defines the latter as a dwelling for the owner’s family only, built of native materials such as bamboo, nipa, logs or lumber, with a total cost not exceeding ₱15,000.00.
That ₱15,000.00 is the 1977 figure as written in the Code, and it has not been restated here as a current threshold.
Penalties
| Provision | Penalty |
|---|---|
| Section 213, building or occupying contrary to the Code | A fine of not more than ₱20,000.00, or imprisonment of not more than 2 years, or both |
For a corporation, firm, partnership or association, the penalty falls on the officials responsible. Where the guilty party is an alien, deportation follows payment of the fine or service of sentence. As with the fee exemption figure, the ₱20,000.00 is the amount the 1977 Code carries.
What this page does not cover
The Code does not publish the application form, the documentary checklist beyond Section 302, the schedule of fees, the processing times of any particular city or municipality, or the ancillary permits an application normally travels with, such as electrical, mechanical, sanitary and plumbing permits. Those come from the implementing rules and from your local Office of the Building Official. The barangay clearance guide explains why locally issued documents carry no national fee.
Related
The mayor’s permit guide covers the separate licence to operate a business, the fire safety inspection certificate guide covers a clearance construction and occupancy both touch, and the tax declaration guide covers the document that follows a completed building onto the assessment roll.
The OSH compliance guide covers the Construction Safety and Health Program every construction project must submit to DOLE.
Frequently asked questions
- Who needs a building permit?
- Anyone erecting, constructing, altering, repairing, moving, converting or demolishing a building or structure. The duty covers any person, firm or corporation including any agency or instrumentality of the government, and the permit comes from the Building Official where the building is located.
- How long does issuance take?
- The Building Official shall issue the permit within 15 days from payment of the required fees, once satisfied that the application, plans and specifications conform to the Code and other rules.
- How much is a building permit?
- The Code does not fix an amount. Fees are those fixed and authorised by the Secretary, and are collected locally, so no national figure is stated here. Public buildings and traditional indigenous family dwellings are exempt from paying building permit fees.
- Does a building permit expire?
- Yes. It expires and becomes null and void if the work is not commenced within 1 year from the date of the permit, or if the work is suspended or abandoned at any time after it has commenced for a period of 120 days.
- What do I submit with the application?
- A description of the work, a certified true copy of the TCT covering the lot plus a copy of the contract of lease if you are not the registered owner, the intended use or occupancy, and the estimated cost. At least 5 sets of plans and specifications, signed and sealed by the appropriate licensed professionals, go with it.
- Can I occupy the building once construction ends?
- Not without a Certificate of Occupancy. No building shall be used or occupied, and no change in use or occupancy classification made, until the Building Official issues one. It is issued within 30 days after final inspection and submittal of the Certificate of Completion.
- What if my permit is refused or revoked?
- You may appeal to the Secretary within 15 days from receipt of the advice of non-issuance, suspension or revocation. The Secretary renders a decision within 15 days from receipt of the notice of appeal, and that decision is final subject only to review by the Office of the President.
- What is the penalty for building without one?
- Under Section 213, a fine of not more than ₱20,000.00 or imprisonment of not more than 2 years, or both. For a corporation, partnership or association the penalty falls on the officials responsible.