Title
Guidelines on Issuance of Building Permits and Occupancy
Law
Dilg-dpwh-dict-dti Joint Memorandum Circular No: 2018-01
Decision Date
Jan 10, 2018
DILG, DPWH, DICT, and DTI streamline building permit and occupancy certificate processes to enhance government service efficiency, reduce bureaucratic delays, and improve the Philippines' global competitiveness in construction.

Policy, legal compliance, and intended reforms

  • The circular sets service standards for processing building permits and certificates of occupancy by local government units (LGUs) and provides guidelines for streamlining related processes consistent with Presidential Decree (PD) 1096 (National Building Code of the Philippines), Republic Act (RA) 9514 (Fire Code of the Philippines), and RA 9485 (Anti-Red Tape Act of 2007), including their implementing rules and regulations (Section 2 and Section 3).
  • The circular clarifies the roles of DILG, DPWH, DICT, DTI, the Bureau of Fire Protection (BFP), and concerned offices and departments of cities/municipalities in ensuring implementation of streamlining activities (Section 2).
  • Section 301 of the National Building Code provides that no person, firm, or corporation (including government agencies/instrumentalities) shall erect, construct, alter, repair, move, convert, or demolish a building/structure (or cause the same to be done) without first obtaining a building permit from the Building Official having jurisdiction (Section 3.1).
  • Section 309 of the National Building Code provides that no building or structure shall be used/occupied, and no change in occupancy classification shall be made, until the Building Official issues a Certificate of Occupancy (Section 3.2).
  • RA 9514 provides that no occupancy permit/business/permit to operate is issued without securing a Fire Safety Inspection Certificate (FSIC) from the Chief of the BFP or duly authorized representative, and the Fire Marshall reviews/evaluates plans and issues Fire Safety Evaluation Clearance (FSEC) upon determination of compliance with the Fire Code and its IRR (Section 3.3).
  • Until Building Officials are fully deputized, a designated local official serves as Building Official per DPWH National Building Code Development Office Memorandum Circular No. 1, s. 2005 (Section 3.4).
  • The circular anchors streamlining authority on the powers of DILG/DPWH/BFP/LGUs to streamline construction-related permits consistent with national and local policies to ensure life, health, property, and public welfare, ease and convenience to applicants, and prompt delivery of services (Section 3.5).

Coverage, defined terms, and key roles

  • The circular covers all Regional and Provincial Directors of DILG and DTI, Regional Directors and District Engineers of DPWH, the DICT, the BFP, members of the Sangguniang Panglungsod and Sangguniang Bayan, and all Local Chief Executives of cities and municipalities (Section 4).
  • Applicant means any person, firm, partnership, corporation, head of government/private institution, or organization of any character applying for issuance of permits and certificates (Section 5.1).
  • Application Form means the preformatted prescribed form specified in the circular (Section 5.2).
  • Backroom means a working arrangement among the Office of the Building Operation Official (OBO), other concerned local offices/departments, and the BFP, where application and documentary requirements are transferred for review/evaluation/action without physical interference of the applicant (Section 5.3).
  • Estimated Value of the Building/Structure measures the value of construction installed/erected at a given location and may be treated as the cost of construction including architectural/engineering work and labor cost as stipulated in the building permit application form and duly notarized (Section 5.4).
  • Building Official (BO) means the Executive Officer of the OBO appointed by the Secretary of Public Works and Highways (Section 5.5).
  • Building Permit is the document issued by the BO to an owner/applicant to proceed with specified building/structure work after principal plans, specifications, and documents are found satisfactory and substantially conforming with the National Building Code and its IRR (Section 5.6).
  • Certificate of Occupancy certifies that a building/structure was completed and can be occupied/used according to the approved use (Section 5.8).
  • Fire Safety Evaluation Clearance (FSEC) is the BFP document prerequired for grant of the Building Permit by the OBO upon determination that evaluated plans comply with RA 9514 and its IRR (Section 5.9).
  • Fire Safety Inspection Certificate (FSIC) is the BFP document issued upon determination that required fire safety construction and fire protective/warning systems are installed and comply with approved plans/specifications, RA 9514, and its IRR (Section 5.10).
  • Notice of Disapproval (NOD) is the BFP document issued when an applicant fails to comply with required documents or fire safety requirements under RA 9514 and its IRR (Section 5.11).
  • Office of the Building Official is the office authorized to enforce the National Building Code and its IRR in the field and enforce orders/decisions issued pursuant thereto (Section 5.12).
  • One-Stop Shop for Construction Permits (OSCP) is the coordination mechanism among the OBO, zoning office, assessor’s office, treasurer’s office, other concerned local offices, and the City/Municipal Office of the Fire Marshall through co-location of related functions and linkages (Section 5.13).
  • Simple Application for Building Permits and Certificates of Occupancy covers applications for specified structures with floor area not exceeding 1,500 square meters, including (1) single dwelling residential building of not more than three (3) floors/storeys; (2) commercial buildings of not more than two (2) floors/storeys; (3) renovation within a mall with issued building permit; and (4) warehouse storing non-hazardous substance (Section 5.14).
  • A Step is any procedure triggering an interface (physical or online/virtual) with action by the office/unit receiving the applicant’s submission/communication resulting in a document/certification/decision needed to secure a permit (Section 5.15).

Standards for building permit applications

  • A preformatted building permit application form must be prescribed by all cities and municipalities, following Annex 1 (Section 6.1.1).
  • The applicant must submit four (4) copies of the building permit application form, duly notarized, together with required documents and four (4) sets of duly accomplished ancillary permit forms (Section 6.1.1).
  • Cities/municipalities may adopt a modified application form only if the fields in the Annex 1 uniform form are maintained (Section 6.1.2).
  • Building permit documentary requirements include:
    • a certified true copy of OCT/TCT covering the subject lot; and if the applicant is not the registered owner, either a duly notarized copy of Contract of Lease or Deed of Absolute Sale; or, in lieu of certified true copy of OCT/TCT, a Lot Location Plan generated via LRA Parcel Verification Service (Section 6.1.3(a));
    • four (4) sets of survey plans, design plans, and other documents prepared/signed/sealed by duly licensed and registered professionals as required under Section 302 (3) of the IRR of the NBCP, including architectural, civil/structural, electrical, mechanical, sanitary, plumbing, electronics, geodetic, and fire protection plan if applicable (Section 6.1.3(b));
    • three (3) photocopies of valid licenses of all involved professionals (Section 6.1.3(c)); and
    • the estimated value of the building/structure declared by the owner/applicant and duly notarized (Section 6.1.3(d)).
  • Required clearances under Section 302 (12) b of the IRR of the NBCP and other clearances from local authorities under local ordinances must be submitted thirty (30) calendar days after issuance of the building permit rather than upfront; failure delays approval of the Certificate of Occupancy (Section 6.1.4).
  • The BO process enjoins a maximum of four (4) steps from the applicant’s perspective for securing a building permit:
    • Step 1: submission of application forms and documentary requirements;
    • Step 2: receipt of the order of payment;
    • Step 3: payment of fees and charges; and
    • Step 4: claiming of the building permit (Section 6.1.10).
  • The OSCP backroom evaluation mechanism requires: the BO evaluates with the BFP; the receiving officer at the OSCP provides three sets (3) of plans/specifications to the Local City/Municipal Fire Marshall for fire safety review under the Fire Code; upon evaluation/approval, the BFP returns two sets stamped plans to the BO (one for the owner and one for the OBO) (Section 6.1.11).
  • BOs must follow an evaluation checklist conforming to the NBCP and its IRR (Annex 3); BFP evaluators must formulate and use evaluation checklists to assess compliance with Fire Code provisions, using prescribed checklists and plan-reading procedures (Section 6.1.12).
  • Cities and municipalities are encouraged to automate/computerize systems for the steps under Section 6.1.10, including development of an automated system for submission and processing of building permit applications (Section 6.1.13).
  • Processing time for simple building permit applications (as defined) with complete documentary requirements requires: OSCP offices evaluate within a maximum of five (5) working days, and BFP processes FSEC within a maximum of three (3) working days, in accordance with applicable manuals of operations (Section 6.1.14).
  • Applications with deficiencies must be issued a comprehensive correction sheet and/or notice of disapproval stating all deficiencies by the zoning officer, OBO, and local BFP (Section 6.1.14).
  • If requirements are satisfied for zoning, fire code, National Building Code, and referral codes, the OSCP releases the Building Permit together with locational clearance, other ancillary permits, and FSEC after payment of fees and charges (Section 6.1.14).
  • The OBO must provide the local BFP and the Assessor’s Office a list of issued building permits on a monthly basis (every 5th day of the month) for reference for future Certificate of Occupancy applications (Section 6.1.15).
  • Zoning Officer, BFP, and OBO must simultaneously prepare an Order of Payment specifying applicable fees per zoning ordinance, NBCP, FCP, and the local revenue code (Section 6.1.16).
  • The one-time assessment of building-related fees and charges must include local fees for securing locational clearance, barangay clearance, and filing fees as described under Section 6.1.17 (Section 6.1.16).
  • Fire Code fees for issuance of FSEC are based on the estimated value declared and notarized; if there is substantial difference between declared estimated value and application indicated amount, the higher value is adopted (Section 6.1.17).
  • The OBO and BFP may collect a filing fee in addition to NBCP and FCP prescribed fees/charges to cover costs incurred in assessing building permit and FSEC applications, set following guidelines of the Bureau of Local Government Finance (BLGF) (Section 6.1.18).
  • OBO and local BFP jointly implement one-time payment of fees and charges; fees must be paid in a designated cashiering area in the OSCP, with the city/municipal government assigning a cashier for building permit payments and the BFP assigning its cashier for FSEC payments (Section 6.1.19).
  • The OBO must issue the building permit and other ancillary permits, barangay clearance, locational clearance, and FSEC upon payment of required fees by the applicant (Section 6.1.20).
  • Cities/municipalities and BFP are enjoined to establish a system of online payment and other electronic payment schemes to facilitate one-time assessment and payment (Section 6.1.21).
  • The Building Official signs and issues the building permit; technical staff must sign review/evaluation sheets only for reference of the Building Official (Section 6.1.22).
  • Cities/municipalities are encouraged to automate databases and ensure data and information sharing among relevant offices—especially the OBO, planning and development office, assessor’s office, BPLO, and treasurer’s office—and to provide relevant permit information to concerned barangays as soon as the building permit is released (Section 6.1.23).
  • The Local Chief Executive must designate OSCP representatives from the Assessor’s Office (tax declaration for issuance by OBO and assessment of new improvements), Treasurer’s Office (current tax receipt required by the zoning officer and collection of building permit fees as backroom operation), and Zoning Office/Planning Development Office (verification/issuance of locational clearance, with copy to the OBO) (Sections 6.1.5–6.1.7).
  • The BFP must detail staff to evaluate FSEC, issue order of payment, and receive payments at the OSCP (Section 6.1.8).
  • In processing locational clearance, the LCE and barangays must work out an arrangement allowing city hall officials to collect barangay fees related to building permit and locational clearance applications, remitted to barangays at an agreed timetable (Section 6.1.9).

Standards for certificates of occupancy

  • Cities and municipalities must prescribe a preformatted Certificate of Occupancy application form following Annex 4 (Section 6.2.1).
  • The applicant must submit three (3) copies of the notarized Certificate of Occupancy application form with required documents (Section 6.2.1).
  • Cities/municipalities may adopt a modified application form only if the Annex 4 fields are maintained (Section 6.2.2).
  • Certificate of Occupancy documentary requirements include:
    • three (3) copies of duly notarized Certificate of Completion using Annex 5, signed by the owner/applicant and signed/sealed by the duly licensed Architect or Civil Engineer in charge of construction, with approved plan and specifications and one copy of the construction logbook; if construction is via contract, the certificate must be signed by contractor/authorized managing officer (Section 6.2.3(a));
    • one (1) copy of the issued building permit and ancillary permits (Section 6.2.3(b));
    • one (1) copy of the issued locational clearance (Section 6.2.3(c));
    • owner’s copy of fire safety correction sheet and its corresponding FSEC (Section 6.2.3(d));
    • three (3) photocopies of valid licenses of all involved professionals (Section 6.2.3(e)); and
    • photograph of completed structure showing front, sides, and rear (Section 6.2.3(f)).
  • If approved building plans are changed, the applicant must submit three (3) sets of As-Built Plan reflecting all changes/modifications/alterations/amendments as an additional document (Section 6.2.4).
  • Utility-company clearances, if required, must be secured independently after issuance of the Certificate of Occupancy and are not considered requirements for issuance of the Certificate of Occupancy (Section 6.2.5).
  • For certificates of occupancy, the circular requires that cities/municipalities design procedures with a maximum of four (4) steps: Step 1 submission of application forms and documentary requirements (Section 6.2.3); Step 2 receipt of order of payment; Step 3 payment; and Step 4 claiming of the Certificate of Occupancy (Section 6.2.6).
  • BO backroom operations require coordinated evaluation with the BFP: receiving officer at OSCP provides three sets to the Local City/Municipal Fire Marshall for FSIC fire safety review; the OBO, local BFP, and Assessor’s Office must form a joint inspection team, with the city/municipal OBO organizing the team, synchronizing schedules, and providing logistics; the BFP uses prescribed standard forms for inspection and compliance actions (Sections 6.2.7 and Annexes 7–10).
  • Evaluation guidelines BOs may use for certificate of occupancy processing are attached as Annex 11 (Section 6.2.8).
  • A partial Certificate of Occupancy may be issued for the use/occupancy of a portion/portions prior to completion of the entire building/structure through proper phasing of major independent portions without posing hazards, consistent with the National Building Code IRR; the BFP must issue the appropriate FSIC for the portion(s) applied for when all fire safety requirements in the RA 9514 IRR and Fire Safety Checklist are already installed and operational for the partial issuance (Section 6.2.9).
  • Cities and municipalities are encouraged to minimize face-to-face interaction by developing an automated/computerized system allowing online application for certificate of occupancy, further streamlining the four-step process (Section 6.2.10).
  • The Building Official signs the Certificate of Occupancy; technical staff sign review/evaluation sheets only for reference of the Building Official (Section 6.2.11).
  • Processing time requires that OSCP offices evaluate all simple applications for certificate of occupancy within a maximum of five (5) working days from receipt of a complete application; the BFP must process FSIC within a maximum of three (3) working days in accordance with manuals of operations; deficiencies require issuance of a comprehensive correction sheet and/or notice of disapproval stating all deficiencies (Section 6.2.12).
  • Assessment of fees for certificate of occupancy: after final inspection by the OBO and receipt of BFP status report, the OBO and local BFP must simultaneously prepare an Order of Payment specifying fees under NBCP and FCP, and issue both orders at the same time; local BFP assigns staff co-located within the OBO or designated OSCP (Section 6.2.13).
  • The OBO and BFP may collect a filing fee in addition to NBCP and FCP fees/charges to cover costs for evaluating applications for certificate of occupancy and FSIC; BLGF guidelines apply (Section 6.2.14).
  • OBO and local BFP must jointly implement one-time payment of fees and charges; payment is in a designated cashiering area ideally near/in the OBO or in the OSCP; cities and municipalities and BFP are encouraged to establish online payment and electronic payment schemes (Section 6.2.15).
  • The OBO must issue the Certificate of Occupancy together with CFEI, FSIC, and other related certificates/clearances upon payment of required fees (Section 6.2.16).
  • OBOS must provide information on approved certificates of occupancy to concerned local departments/offices such as BPLO and the Assessor’s Office and provide information to BFP on a monthly basis, with cities and municipalities encouraged to automate databases and share data with concerned national government agencies (Section 6.2.17).

OSCP functions, checklists, and automation requirements

  • Cities and municipalities must make available in conspicuous places a complete checklist of procedures and requirements for building permits and certificates of occupancy and a process flow chart, consistent with the JMC, and ensure checklists may be downloaded from their websites (Section 7.1).
  • Cities and municipalities are encouraged to set up an OSCP, preferably at the OBO, to provide frontline services for building permit and certificate of occupancy applications (Section 7.2).
  • The OSCP must: receive applications and documents (online or physical); coordinate/facilitate technical reviews by zoning and barangay officials and the local BFP; facilitate retrieval of documentary requirements in the OSCP backroom operation (including tax declaration and current real property tax payment receipt); implement one-time assessment of fees with BFP, zoning officer, assessor’s office, treasurer’s office, and OBO; coordinate joint inspections by OBO, assessor’s office, and BFP; receive payment of all related fees (online or physical) with BFP and OBO; and release building permit or certificate of occupancy (online or physical release) (Section 7.2(a)–(g)).
  • OSCP layout must support a four-step process for both building permit and certificate of occupancy applications and includes backroom operations with space for co-locating agencies such as local BFP and relevant local offices; LCEs are expected to provide budgetary and logistical support (Section 7.3).
  • Cities and municipalities are encouraged to explore with the LRA the option of LRA extension offices in OSCP to generate OCT/TCT as part of OSCP backroom operations (Section 7.4).
  • All government entities (national and local) are enjoined to automate/computerize processes for efficient implementation, including filing of application, storage/retrieval of documents, payment of fees/charges, issuance of permits/certificates, and database sharing among OBO, local planning and development office, zoning office, local treasurer’s office, local assessor’s office, BPLO, and BFP (Section 7.5).
  • Highly urbanized cities must develop a web-based Building Permit Application System for online application and processing; online applications must be reviewed and approved by DICT and integrated into the National government Portal; LGUs may avail of DICT Government Web Hosting Services (Section 7.6).
  • BOs are encouraged to use part of the 15% of the OBO fund mandated in DPWH-DILG Joint Memorandum Circular No. 001 dated July 4, 2013 for training/capacity building related to JMC standards (Section 7.7).

Implementation oversight and agency roles

  • All cities and municipalities must implement the standards for issuing building permits and certificates of occupancy under Sections 6.1 and 6.2 and may further improve service standards in partnership with national government agencies (Section 8.1).
  • An Oversight Committee on Construction Permit Reforms is created with Secretaries of DPWH as Chair and DILG as Vice-Chair, with members including DICT, BFP, the National Competitiveness Council under DTI, Organization of Building Officials, and private sector representatives (Section 8.2).
  • The Oversight Committee must oversee implementation at the local government level; approve manuals/guidebooks and training program designs; promote and coordinate development of a web-based building permit system; monitor implementation and implement sanctions to non-compliant LGUs; and undertake other measures necessary to enforce JMC standards (Section 8.2(1)–(5)).
  • A manual/guidebook must be prepared to complement the JMC (Section 8.3).
  • DPWH, in coordination with DILG, must conduct training programs for OBO and other local government departments and the BFP, including modules on service standards and preparation of change management/action plans (Section 8.4).
  • DPWH responsibilities include chairing the Oversight Committee and providing secretariat support; issuing supplementary circulars/orders enjoining LGU Building Officials to implement standards; collaborating to prepare a manual of operations for OBO; providing capacity development; overseeing implementation; providing guidelines on evaluating plans and other building requirements; and monitoring compliance through the National Building Code Development Office in coordination with DILG-BLGD and BFP (Section 9.1).
  • DILG responsibilities include acting as Vice Chair; issuing supplementary circulars as needed; determining mechanisms/strategies to encourage implementation; in collaboration with DPWH and BFP, developing manual of operations, capacitating LGUs/OBO, overseeing implementation, establishing monitoring systems, and monitoring periodically; in collaboration with DICT, assisting in automated system development and providing training and capacity building (Section 9.2).
  • DICT responsibilities include developing web-based system software for online application/submission/processing of building permits for automation by capable/e-ready LGUs based on standards; providing training programs; encouraging use of Information Systems Strategic Plan (ISSP); organizing a pool of trainers; capacitating LGUs/OBOs on operation/maintenance; and monitoring functionality/implementation/operations in coordination with DILG-BLGD and DPWH (Section 9.3).
  • BFP responsibilities include issuing supplementary circulars/orders enjoining local fire marshalls and BFP personnel; overseeing and monitoring implementation; and, with DICT, automating FSIC and FSEC application (Section 9.4).
  • DTI (National Competitiveness Council) responsibilities include coordinating technical assistance for implementation as part of Ease of Doing Business activities; providing technical support for implementation in Quezon City; coordinating with business groups; and overseeing implementation in collaboration with DILG, DPWH, and BFP (Section 9.5).
  • LGU responsibilities include providing budgetary/logistical support (including OSCP setup with local BFP staff); organizing/leading joint inspection team and providing logistics; allowing capacity building; partnering with DILG and DICT for automation (including logistics for training); taking responsibility for operation/maintenance of any e-Building Permitting System software connected to the JMC; and submitting periodic status reports on compliance (Section 9.6).

Fees, orders of payment, corrections, and payments mechanics

  • Fees assessment must be done through simultaneous preparation of Order of Payment by the zoning officer, BFP, and OBO for building permits (Section 6.1.16), and by OBO and local BFP for certificates of occupancy after final inspection/BFP status report (Section 6.2.13).
  • Payment must follow a one-time payment model implemented jointly by OBO and local BFP for both building

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