QuestionsQuestions (PASIG CITY ORDICE NO. 06 Series of 2016)
It is enacted pursuant to the Local Government Code (R.A. 7160) which mandates LGUs to promote health and safety, enhance the right of the people to a balanced ecology, and ensure preservation/enrichment of culture and public welfare. Its purpose is to improve building stability and efficiency in the use of natural resources, reduce GHG emissions, and minimize buildings’ negative impact on health and the environment through a Green Building Program.
It defines a Green Building Program as adopting sustainable features and measures in the design, construction, and operation of buildings. It addresses: (1) building design and construction management, (2) proper land use and promotion of diversity, (3) efficient water and energy use and management, (4) healthy indoor air quality, (5) proper management of emissions, (6) effective solid waste management, (7) promotion of alternative mode of transportation, and (8) heritage conservation and promotion.
A Green Building is one whose construction and lifetime operation assure the healthiest possible environment while representing the most efficient and least disruptive use of land, water, energy, and resources.
BERDE (Building for Ecologically Responsive Design Excellence) is the Philippine Green Building Council’s Rating Certification System used to measure environmental performance of buildings. The ordinance adopts BERDE as a component of implementation and requires related certifications to demonstrate compliance with green building criteria.
The ordinance applies to all buildings within Pasig City. For old buildings: it is voluntary for residential units with at least 50 square meters; voluntary for public and private buildings with total floor area of 10,000 square meters or less; and mandatory for more than 10,000 square meters total floor area (including PUD areas) but with a two (2)-year grace period.
For new buildings: (1) mandatory for Planned Unit Development (PUD) areas; and (2) mandatory for private buildings with total floor area greater than 10,000 square meters. Exemptions apply to heritage/cultural buildings and post-disaster shelters/structures.
Exemptions are: heritage or cultural buildings, and post-disaster shelters and structures. These appear under Section 4 (Scope of Application) of the ordinance.
All buildings, both government and private, can get a minimum 1-Star BERDE certification if they can comply with the BERDE criteria/requirements regardless of area. The City also encourages a minimum of 1-Star BERDE certification for all buildings with total floor area of 10,000 square meters or any occupancy type within PUDs.
The Pasig City Green Building Board (PCGB Board). Core functions include: providing guidance in developing necessary/appropriate rules; supporting voluntary program implementation; recommending incentives and performance thresholds; resolving issues arising from implementation; reviewing/evaluating effectiveness; and providing policy recommendations for improvement.
It includes the City Mayor (Chairperson); SP chairpersons for relevant committees (Vice-Chairperson, among others); city officials such as the City Building Official, CENRO, City DRRMO, City Planning and Development Officer, City Engineer, and City Assessor; representatives including developers, business owners, building managers, PCI, UAP, constructors/specialty contractors, and academe. The City Mayor is the Chairperson.
A Green Building Division is created in the City Environment and Natural Resources Office (CENRO). It provides technical assistance and support and implements the provisions of the Green Building Ordinance, headed by a Green Building Chief.
Applicants must secure BERDE certifications from a third-party certifying body duly accredited by PHILGBC, pending the accreditation of the Green Building Division. The ordinance also specifies BERDE assessment categories: BERDE for New Construction, BERDE for Retrofits and Renovations, and BERDE for Operations.
A taxpayer may get a Green Building Tax Credit for construction of a green building or rehabilitation/retrofitting to convert a non-green building into a green building, provided the facility is within Pasig’s territorial jurisdiction and the applicant is the actual and lawful owner or contract purchaser. It limits the credit to no more than 10% of total Real Property Tax due for the same taxable year, but not to exceed five (5) years. The maximum deduction is linked to BERDE star level: 2% (1-Star), 4% (2-Star), 6% (3-Star), 8% (4-Star), and 10% (5-Star), under the program.
If credit is allowed to a building owner and the property (or interest) is sold, the credit for the post-sale period allowable under the section to the prior owner becomes allowable to the new owner; the credit for the year of sale is allocated based on the number of days each party held the property. Similarly, if allowed to a tenant and tenancy ends but property remains in use by a successor tenant, the credit for the post-termination period becomes allowable to the successor tenant; the year credit is allocated based on days used by each.
It authorizes the City Treasurer and City Assessor to reveal to the successor owner or tenant any information, including the basis for denial (in whole or in part) of the prior owner/tenant’s claimed credit, to support verification for the successor claim.
Upon conviction, a violator faces a fine from P2,000 to P5,000 or imprisonment from 2 months to 1 year, or both, at the court’s discretion. If the violator is a corporation or partnership, the penalty is imposed on the president and/or general manager or managing partner, depending on the entity.
Within two (2) months from effectivity, the PCGB Board must prepare the IRR subject to approval of the City Mayor. The ordinance takes effect 15 days after its complete publication in a newspaper of general circulation.