building permits for renovation?

ni renovate po kc ung bahay namin sa aklan after nung bagyong frank..may nakausap pong contractor ung kapatid ko at parents,more than 1year n po tapos.yesterday pinuntahan po ang nanay ko at pinapirma sya nang kung ano ano,kinakasuhan sya na wla daw building permit ung renovation..
ngaun need namin hagilapin ang contractor kung wla ngang building permit ung pagpapa renovate.nsa manila po kc lhat kami magkakapatid at nagpapadala lng kami pra sa pagpapaayos..
ung roof po ang pinalitan sa amin..tiles at pintura ng bahay ang mga nabago..matagal n po syang 2floors at wla nmang dinagdag n floor.dapat po b namin bayaran ang hindi namin alam kung meron nga o wlang permit?

Presidential Decree 1096 otherwise known as "the national building code of the Philippines", Rule III, Section 301, Paragraph 1:

"No Person, firm, corporation, including agency, or instrumentality of the government shall construct, alter, repair convert, use, occupy, move, demolish, and add any building/structure or any portion thereof or cause the same to be done, without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building/structure is located or to be done. The prescribed application for building permit form (NBC Form B-01) shall be used by all applicants"


the question here is, does the renovation done unto a structure damaged by "natural phenomenon" exempt on the said permit?

Do the client produced an architectural plans made by a registered/licensed architect?

building permits are issued by the office of the building officials, provided you will comply in to that said plans, including structural plans, electrical, mechanical..


But for now, you have to comply with the said permits together with fine and surcharges..

It is not clear if there's a written contract between you and the contractor, that the services offered by the contractor includes the processing of building permit application...


-architect jhay

Good day for you PIA.

Your problem is in accordance with the provisions of PD 1096. "The National Building Code of the Philippines and its Revised Implementing Rules and Regulations". one question to ask you prior to my answer would be...

1. Is the Existing residence prior to the renovation was issued a building permit by your local Building Official in the locality where you residence is located?
2. is there any addition horizontally on the structure except the replacement of roofing?
3. I want you to distinguish to us the following terms: Replacement of roofing sheets or replacement of roofing member such as from wood to steel trusses.
4. Have you receive a notice of illegal construction when the the construction is still in progress.?

One instance that you have to consider first on this situation is that, your residence has been declared as illegal construction in the absence of the approval of the the approve Building permit.

The proposed residence in the absence of the approved building permit is of course an illegal construction as prescribed by the provisions of PD 1096. Sect. 301


"No Person, firm, corporation, including agency, or instrumentality of the government shall construct, alter, repair convert, use, occupy, move, demolish, and add any building/structure or any portion thereof or cause the same to be done, without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building/structure is located or to be done.

However, if the building structure is an illegal construction that has no building permit, the same can be legalized by applying a Building permit application to the office of the building official.

Buildings without building permits prior to the promulgation of this rules and regulations has no binding effect but still considered as illegal construction in violation of the code, the remedy for such buildings or structures is to legalized the said building by applying a building permit application to the office of the Building official and comply with the minimum standard requirements provided by this code. But, it will be subject to Fines and penalties prescribed by Section 212 of this Code.Pointing the exception to this provisions are those buildings constructed only prior to the enactment of the said law and not to those buildings constructed after the passage of the law with the elements of Bad faith. Although Section 212 of the code does not provide the scale on the imposition of penalties on those buildings constructed without the necessary building permit within the period of the implementation of the law, the Building Official has the discretion to imposed penalties on the maximum amount if it is shown on the intention of the violators that element of Bad faith are present.

in other instances, the building official should exhaust first the remedy before they will file a cases to you mother, either they have to issue first the notice of illegal construction so that in your part you can think and do what will be the proper remedy to make that illegal construction be legalized.

The contractor issue will just give you delay on the process of applying for a building permit application. If that existing residence you are referring for has issued a building permit, what the building official referring for is the application and issuance of the Renovation permit. However, if the work is only for the replacement of the deteriorated roofing sheets, and not the replacement of the trusses structural members, the said replacement of the deteriorated roofing sheets is exempted form the application and issuance of the said building permit.(SECTION 301, No. 3 (b.)par.i, R-IRR PD1096)) but if there is a change of the structural member of the roof trusses from wood to steel or similar circumstances, the Building perm,it application should apply.

on the issue of payment, whenever found out that you violate the provisions of the national building code, that the replacement of the roof is not for the replacement of the deteriorated roofing sheets but instead, it is for the replacement of the roof structural members without first obtaining an approved building permit issued, the same as a remedy can be legalized with the payment of the Administrative fine and surcharges whichever is higher the amount.(SECTION 212, No. 1.(a)par.i.No.3(a)par. ii (b), R-IRR PD1096).


Arch. Alfredo A. Fernandez, UAP,LLB
Practicing Architect
Lecturer-Building Laws
LAW

If you are doing a lot of demolition would definitely recommend you get a permit before you start. If the city believes that you work without it, you may very well for you. Putting together a sketch of your current state and what is about to change. Until you remove all the walls of this structure should be sufficient.

We acquired a new 2 Bedroom Condo Unit. Nag advise kami sa Administration office ng condo na mag momove-in kami this coming January 2013 so nagbayad na kami ng Move-in fee bago kami mag out of the country for work (that was two months prior to move-in request). Prior to payment of move-in fee we have already discussed our plan for renovation of the unit with the Developer and also with the maintenance Personnel of this condo. Ibinigay din namin ang lahat ng aming reklamo sa Unit dahil marami itong kulang at dapat ayusin before we accept the turn-over. However, even we have discussed our plan for renovation with them, they have not informed us or give us the proper procedure in case we proceed with the renovation. Until, we have decided to start the work. For us its only minor (yung tinatawag na tatambolan yung mga gilid ng unit kase hindi maganda ang pagkagawa at maglalagay ng corniza, -I'm not sure about the exact term pero ito ang naririnig ko sa karpentero at sa husband ko- , kitchen cabinet, mini table sa loob ng walk-in closet at extension ng flooring sa loft na around 3 meters. As per our caretaker (because we are out of the country), while doing the renovation the building maintenance personnel always check daily the progress of the renovation being done inside the Unit. When its almost done (already painting), the Manager of Condo Association demanded from us to pay construction bond pero hindi nila pinatigil ang construction. Our caretaker informed us that it was already an issue in that building. Knowing that we have to pay for this obligation, we have sent an email to this manager of condo association promising that we will pay our obligation when we come back on christmas holiday. We got his response after one week saying that the root cause of this problem was our non-observance about the proper procedure when conducting renovation. Their major concern is the extension of loft flooring. They said, we have violated building code because we should have submitted a drawing plan. Can we defend our side on this accusation from the manager? They have not informed us prior to renovation about the proper procedure and now they will accuse us of violating the building code? Also, the maintenance personnel always check the Unit daily but why they demand when the renovation is almost done? Bakit hindi nila pinatigil ang renovation noong nagsisimula palang kung nagviolate na kami. Natatakot kami dahil kapag nagbayad kami ng construction bond ay baka hindi na nila i-refund sa amin.

Anyone who could advise me about this matter is highly appreciated.