National Building Code Of The Philippines – Its History, Current State, and Future

From the first known written building code in 1758 BC to the national building codes currently implemented in various countries globally, building codes have evolved as growing demands in the building industry arise. Nonetheless, all codes, including the National Building Code of the Philippines, have their objectives remain the same. It is to assure the wellness and safety of the people through responsible building design and construction.

What is the National Building Code of the Philippines?

Building codes serve as the foundation guidelines of architects, builders, developers, and engineers in designing and constructing for any safe and secure built environment. Rather than serving as legally binding regulations, building codes serve as prototypes for legal jurisdictions to refer to when composing new statutes.

They shall become laws upon being formally enacted by the appropriate governmental or private authority. However, it is important to note that the strength of their jurisdictions heavily influences the competitiveness of builders and suppliers alike.

Since they primarily relate to the proper planning, construction, and occupancy of buildings and structures, building codes, like the National Building Code of the Philippines, are also highly vital in protecting public safety, health, and general welfare.

From 1970 to 1972 – RA 6541 to PD 1096

The Philippines’ thriving urbanization coupled with population growth made the 1970s a fluctuating era for both its economic and physical development. It became a necessity to enact Republic Act No. 6541, which is an act to ordain and institute a national building code of the Philippines. While RA 6541 exists to regulate the construction industry, it still does not conform to the country’s developmental goals, infrastructure programs, and technological requirements at that time.

To keep the country’s building standards at par with the on-going technological advancements in building design and construction from all over the world, the nullification of RA 6541 took place in 1972. This happened in the same year Martial Law took place, which dated September 21, 1972. The former was then replaced in 1977 by Presidential Decree 1096, more commonly known as the official National Building Code of the Philippines. All legalities were done by the now obsolete Ministry of Public Works, Transportation, and Communications and later replaced by the Department of Public Works and Highways.

In its 1977 version, a huge emphasis was placed on enhancing the country’s technical expertise and professional know-how both in the public and private sectors. Throughout the implementation of this code, it has achieved its purpose of enforcing standardization on building requirements for their design, construction, occupancy, and maintenance. These intentions were all geared towards the general goal of building codes for securing better health, life, property, and public welfare.

From 1977 to 2005 Revised PD 1096

Nearly three decades later, the continuous rise in technological advancements both locally and globally again placed the need to revise the then in-practice 1977 National Building Code. This led to the formulation of its latest revision published in 2005, which is currently being used by the local building design and construction industry.

For the spirit of continuity, homogeneity, and clarity, the latter was entitled “Implementing Rules and Regulations of the National Building Code of the Philippines (PD 1096)” with its rules and regulations mimicking the same formatting of its 1977 counterpart.

This time, PD 1096’s IRR serves as a realistic response to the present times’ technological developments, rapid urbanization, and the advent of high-rise structures and mega-cities, among others. These emerging changes in urban development inevitably affect the design, construction, and purpose of the built environment.

Furthermore, this shall also alleviate two main urban planning issues of over-building and over-paving. While over-building is one of the primary causes of urban congestion, over-paving equally results in widespread flooding and ambient temperatures. Provisions on the integration of physical planning and design concerns were also added to merge contrasting environmental design solutions.

Identifying the Distinct Qualities and Changes Made for Each Version

Application

Compared to its succeeding versions, Republic Act 6541 provides a more specified section discussing the code’s application on a city or municipal-scale. It was applied to all chartered cities, municipal poblaciones and districts, and barrios of urban areas garnering populations of at least 2,000 people. It also applies to spaces where each hectare is occupied by 50 or more families.

Developments like new town sites, residential subdivisions, commercial and residential sites, schools, housing projects, and other similar projects were made to abide by the code regardless of their immediate location’s population.

Meanwhile, during its succeeding revisions, the PD 1096 of 1977 and IRR for PD 1096 of 2005 removed those provisions stated above.

Endorsement

In the case of RA 6541, a separate committee called the Joint Building and Environmental Planning Research and Standards Commission was formed to monitor its implementation and enforcement.

The 1977 version of PD 1096 gives the Chief Executive Officer of the Department of Public Works and Highways, also known as the Secretary, full authority in overseeing the implementation of the code. A professional team of highly-qualified architects, engineers, and technicians must also be formed to assist the Secretary in fulfilling his duties and responsibilities.

For PD 1096’s IRR, the Secretary, or the Chief Executive Officer of the DPWH, is likewise given full authority of both the administration and enforcement of the code. Provided, the officer shall be assisted by the National Building Code Development Office (NBCDO) formed through the DPWH Department Order.

Content

For its latest version, additional provisions were given so that each of its chapters will now have its own corresponding rules and regulations. Permit Forms relevant to its implementation and enforcement were also included in the publication. However, in the entirety of the IRR, Section 302.3 (Application for Permits) is generally considered as the most significant architectural provision for architects. This section discusses the signing and sealing of architectural documents to be exclusively reserved for registered and licensed architects. This entry was established to reflect the stipulations stated in Republic Act 9266, also known as “The Architecture Act of 2004.”

With the Fire Code of the Philippines non-existent until 1977, Republic Act 6541 covered provisions on Fire and Fire-Resistive Standards and discussed in Title 2 of the code. While the present national building code enforced Fire-Resistive Requirements, they were only applicable in construction applications, not the occupancy itself.

In terms of occupancy, it was not until 2005 during the issuance of the IRR for PD 1096 when additional divisions for Group A (Residential Dwellings) and Group J (Accessory) were declared. Provisions on parking capacity per occupancy, lot typology, easements, sightlines, right-of-way, sidewalks, and arcades were also added to its current version, all of which intricately specified on Rules VII and VIII.

All versions tackled different provisions and limitations concerning their Allowable Floor Areas. For RA 6541, dwellings shall occupy no more than 90% of a corner lot and 80% of an inside lot, all the while following the light, view, and easement provisions given by the Civil Code of the Philippines. For PD 1096’s 1977 version, the Secretary is given full jurisdiction in specifying the allowable floor areas for each occupancy. Whereas included in its Development Controls, its IRR version provided certain formulas to use per occupancy type.

Examples of these Development Controls include the Total Lot Area (TLA), Percentage of Site Occupancy (PSO), Total Open Space within Lot (TOSL), Unpaved Surface Area (USA), Impervious Surface Area (ISA), Maximum Allowable Construction Area (MACA), Allowable Maximum Building Footprint (AMBF), Gross Floor Area (GFA), Total Gross Floor Area (TGFA), Allowable Maximum Volume of Building (AMVB), Outer Faces of the Building (OFB), Building Height Limit (BHL), and Floor-and-Lot Area Ratio (FLAR). Calculations using the mentioned terms as variables were also provided for a more quantitative approach with the Development Controls.

Exceptions for Traditional Indigenous Family Dwellings and Public Buildings

Traditional indigenous family dwellings are exempted from following the coverage of Republic Act 6541 to a certain degree. That is if their construction cost per dwelling does not reach more than Php 5,000.00 and is exclusively used for residential purposes of the owner and his immediate family.

While the 1977’s PD 1096 exempts all traditional indigenous family dwellings, regardless of their construction cost, from following the provisions of this code. Their allowable construction cost to be exempted from the code also rose from Php 5,000.00 to Php 15,000.00. They are also exempted from paying building permit fees along with public building application projects.

Is the Philippines bound for Another Version of the National Building Code?

Nearing two decades since its latest revision in 2005, both lawmakers and experts in the industry classify the present building code as “outdated” and “antiquated.” The growing trends in the construction industry, modern urban planning, population growth, and disaster risk reduction further strengthened the concerns from both Houses of the legislative branch to amend the present building code into something more in-line with the country’s current status in sustainability issues, infrastructure, and building technology, professional politics, among others.

At present, two legislative bills were filed dealing with the strengthened implementation of the building code. Albeit both with different approaches.

House Bill 5607 “An Act Strengthening Presidential Decree No. 1096, The National Building Code of the Philippines, as Amended, by Mandating a Comprehensive Nationwide Inspection of Buildings and Imposing Stiff Penalties Against Building Officials who violate the Pertinent Provisions of the said Code”

While all versions of the National Building Code of the Philippines focus on building standards throughout its design and construction process, HB 5607 seeks to conduct a comprehensive nationwide inspection of all buildings in the country while imposing strict penalties for violating Building Officials.

Senate Bill 2087 “An Act to Ordain the New Building Code of the Philippines”

Contrary to the earlier bill, SB 2087 altogether seeks to provide a New Building Code which contains progressive regulations such as the “Green Building” paradigm and its institutionalization, preservation of sight-lines and vistas, integrating disaster resiliency standards, and the stronger implementation of the right-of-way. However, the structure of the 1977 PD 1096 shall be maintained to prevent the disruption of the architectural profession and to maintain existing developments adhering to previous versions of the code.

According to the explanatory note by the bill’s author, buildings situated in the country are not conducive to human health while citing the Philippines as the second deadliest country in the Asia Pacific for household air pollution with 16 days annually spent stuck in traffic, and Php 128 billion economic losses recorded in 2016 due to severe weather disturbances.

Furthermore, the author explains that these instances are directly related to the way cities and buildings are developing with little to no considerations to overbuilding, over paving, inappropriate zoning, and ever-escalating violations of physical planning and building laws which remain largely unpunished.

Potential revisions include streamlining the process of acquiring building permits, standardizing the specifications of building materials, and introducing new building categories. Contradicting standards with BP 220 shall also be settled in the formulation of the proposed New Building Code of the Philippines.

Participating in the Growth of the National Building Code of the Philippines

To say that building codes are a complex body of regulations would be an understatement. As these regulations are written, rewritten, and interpreted by a legion of professionals ranging from policymakers, planners to inspectors, conflicting arguments along the way is part of the refinements. This is why it is important for progressive mindsets to keep an open line of communication between the public and private professionals involved. Proper aptitude and disinterestedness in personal gains are essential to unravel the tangle of regulations surrounding the ever-evolving design, planning, and construction industry.

How else can we make the building code better? Please drop your comments below. If you need an architect to help you understand more about the building code for your property projects in the Philippines, please feel free to get in touch.