In this article, we shall discuss how to secure a building permit. Permits are required in our country for almost everything in order to verify the legitimacy of a transaction or the true owner of a piece of property. Authorization is actually required in the Philippines before starting a business, taking a test, or even building something.
True, a building permit is required to proceed with the development of a specific facility. The National Building Code, which was established decades ago, requires this authorization to be obtained.
This legal opinion seeks to answer the query as regards the requirements to process and facilitate the issuance of a building permit for purposes of construction project on a certain parcel of land.
According to the query, the brief facts are as follows, to wit:
Sometime in 2016, when the person was doing site acquisition and for purposes of applying for a building permit, which is necessary to construct any edifice or structure on certain property, such as buildings or towers, he was advised that the foremost property document required was a TCT [Transfer Certificate of Title].
Nevertheless, he was also informed that, in the event the property does not have TCT yet, a Tax Declaration document will be sufficient.
Subsequently, when he asked the same question from few LGU Building Officials, he was told that a TCT is an indispensable requirement, without which, such application for building permit will not be approved.
Based on the factual antecedents, the applicable laws are as follows, to wit:
1] Presidential Decree [PD] No. 1096 , amending Republic Act No. 651, otherwise known as the National Building Code of the Philippines
PERMITS AND INSPECTION1
“Section 301. Building Permits.2
“No person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert or demolish any building or structure 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 is located or the building work is to be done.3
“Section 302. Application for permits.4
“In order to obtain a building permit, the applicant shall file an application therefor in writing and on the prescribed form from the office of the Building Official. Every application shall provide at least the following information:5
“(1) A description of the work to be covered by the permit applied for;6
“(2) Certified true copy of the TCT covering the lot on which the proposed work is to be done. If the applicant is not the registered owner, in addition to the TCT, a copy of the contract of lease shall be submitted;7
“(3) The use or occupancy for which the proposal work is intended;8
“(4) Estimated cost of the proposed work.9
“To be submitted together with such application are at least five sets of corresponding plans and specifications prepared, signed and sealed by a duly mechanical engineer in case of mechanical plans, and by a registered electrical engineer in case of electrical plans, except in those cases exempted or not required by the Building Official under this Code.”10
2] The Implementing Rules and Regulations of PD 109611
“SECTION 302. Application for Permits12
“1. Any person desiring to obtain a building permit and any ancillary/accessory permit/s together with a Building Permit shall file application/s therefor on the prescribed application forms.13
“2. Together with the accomplished prescribed application form/s, the following shall be submitted to the OBO:14
“a. In case the applicant is the registered owner of the lot:15
“i. Certified true copy of OCT/TCT, on file with the Registry of Deeds,16
“ii. Tax Declaration, and17
“iii. Current Real Property Tax Receipt.18
“b. In case the applicant is not the registered owner of the lot, in addition to the above; duly notarized copy of the Contract of Lease, or Deed of Absolute Sale.19
“x x x x . . . .”
How to secure a building permit?
If you want to build a house or a building on your property, make sure you have all of the following paperwork on hand when applying for the permit that will validate your transaction:
1] Application forms completed and signed by your engineers, and this shall include the following:
- Building permit forms in five copies
- Forms for Sanitary Permits in three copies
- Electrical permit forms in three copies
2] The following papers must show that the applicant is the property’s legitimate owner:
- Tax Declaration
- Each original Certificate of Title (OCT) or Transfer Certificate of Title is kept in the Registry of Deeds along with five (5) certified true copies (TCT).
- Five copies of the most recent real estate tax receipt are required
3] In addition to the paperwork listed above, the following must be completed if the applicant is not the legal owner of the property:
- Contract Lease, copy notarized (Acknowledgment, NOT Jurat)
- Sale Agreement or Deed of Absolute Sale or Contact to Sell, copy notarized (Acknowledgment, NOT Jurat)
- Affidavit of Consent signed by the owner of the lot authorizing the construction of a structure or home
You should make five (5) duplicates of each of the above documents.
4] Five (5) complete sets of detailed plans.
5] To build two-story buildings, you must create a Structural Design Analysis that is signed by a civil engineer on each page.
6] For buildings with more than two stories, you must prepare a Seismic Analysis as well as a Boring and Plate Load Test.
7] Barangay Clearance (for Locational Clearance) in certain instances.
8] Permit of Constructing a Billboard, submit the following:
- Five (5) copies of the bill of materials and specifications, each with the signature and seal of an engineer or architect.
- Geographical Clarification.
- A copy of each architect’s and engineer’s PTR number and PRC license.
- If the work is being done along a national highway, DPWH (Department of Public Works and Highways) approval is required.
- Clearance from the Department of Labor and Employment (DOLE).
Procedure for Application (Building Permit)
You can now visit your municipal office or city hall to submit a building permit application after gathering all of the necessary paperwork. The steps to obtaining a building permit in the Philippines are as follows:
1] A list of requirements can be obtained from the municipality or city in which you currently reside.
If you do not understand the standards listed on the checklist, kindly do not worry. Your architect and engineers are well-versed in these details. You only need to obtain these forms and supporting documents from the municipal office in order for your engineers and architects to complete them.
2] Once your construction professionals have signed and completed the forms, submit them to the Office of the Building Inspector.
The date of the status of your application will be indicated on the Acknowledgement Slip, and the Assessor’s Office will instruct you on how to proceed next.
3] When your application is approved, you will be sent an Order of Payment to pay all of the permit fees required to obtain a building permit.
Bring the Order of Payment to the Treasurer’s Office to pay the fees. Your building permit costs will most likely depend on the size of your structure, its location within the municipality, and the assessment plan. Due to the lower cost of land and municipal services in rural areas, fees are typically lower than in urban areas.
Send an official receipt (OR) photocopy, or the actual official receipt (OR), to the releasing department of the Office of the Building Official.
Return to the releasing section of the Office of the Building Official after five (5) business days to pick up your building permit.
As the law and the rules state, a Certificate of Title, whether it is a TCT or OCT [Original Certificate of Title], is an indispensable requirement in applying for building permit for purposes of constructing certain edifice or structure, such as buildings or towers, among others, in a specific parcel of land.
However, there may be a situation where a land is not yet covered by a Certificate of Title, as the same has not yet been registered under the Torrens System of Registration. The law and the rules are silent on this point.
The law presumes that when one is constructing something on a certain lot, it has the character of permanence. Thus, such land must have a registered owner and the land itself must be registered under the Torrens System of Registration.
This will obviate the possibility of conflicting claimants in the future, and the structures that have been built thereon shall be secured from unscrupulous land grabbers.
How significant is it to secure and obtain a building permit?
Most of us will want to build something, whether it’s a house or a other structure or edifice. Permits are required because these structures are frequently used for commercial purposes and other legal activities. Obtaining a building permit is one of the most common problems that Filipino homeowners and home renovators face.
You will require a building permit if you plan to develop a house or a company. It might be monotonous and a little confusing. Bereft of such permit, you will not be able to determine whether you are allowed to construct your house legally.
Thus, you should make sure to apply for one right away rather than getting involved in any building-related issues. In the same vein, kindly take notice that building licenses are not only required for those who wish to construct a house but also for those who wish to renovate their existing residence.
Consequently, it is suggested that the company shall make sure that the property is a titled one. In the event that property is unregistered, the next best thing to do is inquire upon the Register of Deeds whether such property is registered under Act 3344.
This is the law that provides for a recording in the Registry of Deeds of lots which are not yet covered by the Torrens System of Registration.
While, it may not an assurance to grant the application for building permit, you may present a certification coming from the registry of deeds of the place where the land is located that the same is recorded under the authority of Act. No. 3344, together with the other documentary requirements.
For the application for building permit, it is suggested to collate all the necessary documents which the law and the rules mandate to submit before the Office of the Building Official [OBO] of certain LGU where the subject property is situated.
- PD 1096
- Section 302 of the Implementing Rules and Regulations of PD 1096