Law Summary
Objectives of the Circular
- Establish service standards for processing building permits and certificates of occupancy by Local Government Units (LGUs).
- Provide guidelines consistent with the National Building Code of the Philippines (NBCP), Fire Code, Anti-Red Tape Act, and their Implementing Rules and Regulations (IRR).
- Clarify the roles and responsibilities of involved government agencies (DILG, DPWH, DICT, DTI, BFP) and local offices.
Legal Framework and Compliance
- Section 301 of NBCP mandates prior securing of building permits before construction activities.
- Section 309 prohibits occupancy without an issued Certificate of Occupancy by the Building Official.
- Fire Code requires Fire Safety Inspection Certificate (FSIC) and Fire Safety Evaluation Clearance (FSEC) before occupancy and during permit issuance.
- Local building officials must be deputized and enforce NBCP provisions.
- Agencies have authority to streamline construction-related permits while safeguarding public welfare.
Coverage
- Applies to all regional and provincial directors of DILG and DTI, DPWH engineers, DICT, BFP, local legislative bodies, and local chief executives of all cities and municipalities.
Key Definitions
- Applicant: Any person or entity applying for permits/certificates.
- Building Official (BO): Executive officer appointed by DPWH for enforcement.
- Building Permit: Authorization for construction activities issued by BO upon submission of satisfactory plans and documents.
- Certificate of Occupancy: Certification that a building is complete and fit for use.
- One-Stop Shop for Construction Permits (OSCP): Coordinated mechanism among local offices and BFP for efficient processing.
- Simple Applications: For smaller scale buildings not exceeding 1,500 sq.m. floor area.
Processing of Building Permit Applications
- Use of a prescribed, notarized application form submitted with required documents including land titles, professional plans, valid licenses, and cost estimates.
- Clearances from other agencies are to be submitted within 30 days post permit issuance.
- OSCP staffed by representatives from Assessor's Office, Treasurer's Office, Zoning Office, and BFP for backroom operations.
- Four-step application process: Submission, Order of Payment, Payment, and Claiming of Permit.
- Evaluation involves BO and BFP reviewing plans using standard checklists.
- Encouragement of automation and online systems to reduce face-to-face interactions.
- Processing time capped at 5 working days for simple applications; BFP processes fire clearance within 3 days.
- Fees assessed jointly with order issued simultaneously; one-time payment at designated cashier.
- Building Permit issued upon payment with necessary signatures from BO.
Processing of Certificates of Occupancy
- Similar four-step process with prescribed application form.
- Required documents include Certificate of Completion, issued building permit and ancillary permits, locational clearance, fire safety documents, professional licenses, and photos of completed structure.
- Submission of As-Built Plans when building modifications occur.
- Joint inspection team from OBO, BFP, and Assessor's Office conducts final inspection.
- Partial certificates of occupancy allowed under strict conditions.
- Processing time also capped at 5 working days; fire safety certificates processed within 3 days.
- Fee assessments and payments coordinated similarly to building permits.
- Certificate issued upon payment by the BO's signature.
Complementary Reforms
- Availability of complete checklists and flowcharts for applicant guidance in public and online.
- Establishment of One-Stop Shops for Construction Permits (OSCP) for streamlined frontline services with backroom operations.
- Physical layout for OSCP accommodates co-located offices to facilitate process efficiency.
- Encouragement for LRA extension offices in OSCP for onsite title verification.
- Automation of filing, retrieval, payment, and issuance processes with database integration.
- Development of web-based systems for online application and processing approved by DICT.
- Capacity building and continuing education programs for Building Officials and professionals.
Implementation and Oversight
- Mandatory implementation by all cities and municipalities.
- Formation of an Oversight Committee chaired by DPWH Secretary and vice-chaired by DILG Secretary.
- Committee members include DICT, BFP, National Competitiveness Council, Organization of Building Officials, and private sector representatives.
- Responsibilities include monitoring, approving manuals, promoting online systems, and enforcing compliance.
- Manuals and training programs developed to support implementation.
Roles and Responsibilities of Agencies
- DPWH: Chair oversight, issue supplementary orders, provide capacity development, monitor compliance.
- DILG: Vice-chair, issue circulars, develop manuals, monitor LGUs performance, assist in automation.
- DICT: Develop and maintain web-based application systems, train LGUs, monitor system functionality.
- BFP: Issue supplemental orders, oversee implementation, monitor compliance, automate fire safety certification processes.
- DTI (National Competitiveness Council): Coordinate technical assistance, provide support, promote guidelines.
- LGUs: Provide budget/logistics, organize inspection teams, enable capacity building, partner in automation, maintain systems, submit compliance reports.
Monitoring and Reporting
- DILG Regional Offices tasked with periodic progress reports on JMC implementation to the Secretary of the Interior and Local Government.
Legal Clauses
- Separability Clause: Invalidity of a provision does not affect others.
- Repealing Clause: Conflicting orders, rules, and regulations are repealed or modified accordingly.
- Effectivity: Immediate upon issuance.
Annexes and References
- Includes application forms, checklists, flowcharts, standard reports, and proposed layout for OSCP.
- Cites key laws such as NBCP, Fire Code, ARTA, Local Government Code, and relevant speeches for context.