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.

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.

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