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National Building Code of The Philippines

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NATIONAL BUILDING CODE

OF THE PHILIPPINES

MALACAÑANG
Manila

PRESIDENTIAL DECREE NO. 1096

ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES THEREBY REVISING


REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED FORTY ONE

WHEREAS, the country’s accelerating economic and physical development, coupled


with urbanization and population growth, makes imperative the formulation and adoption of a
uniform building code which shall embody up-to-date and modern technical knowledge on
building design, construction, use, occupancy and maintenance;

WHEREAS, while there is Republic Act. No. 6541, entitled “An Act to Ordain and Institute
a National Building Code of the Philippines”, the same does not conform with the developmental
goals and infrastructure program of the Government and does not adequately provide for all the
technological requirements of buildings and structures, in terms of up-to-date design and
construction standards and criteria;

WHEREAS, in the formation of new national building code, it is the desire and policy
of the Government to avail of and harness the technical expertise and professional know-how of
men not only in the public but in the private sectors as well,

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of


the powers vested in me by the Constitution, do hereby order and decree the revision of Republic
Act. No. 6541 to read as follows:
CHAPTER 1

GENERAL PROVISIONS

SECTION 101. Title

This Decree shall be known as the “National Building Code of the Philippines” and shall hereinafter
be referred to as the “Code”.

SECTION 102. Declaration of Policy

It is hereby declared to be the policy of the State to safeguard life, health, property, and public
welfare, consistent with the principles of sound environmental management and control; and to this end,
make it the purpose of this Code to provide for all buildings and structures, a framework of minimum
standards and requirements to regulate and control their location, site, design, quality of materials,
construction, use, occupancy, and maintenance.

SECTION 103. Scope and Application

(a) The provisions of this Code shall apply to the design, location, siting, construction, alteration,
repair, conversion, use, occupancy, maintenance, moving, demolition of, and addition to public and private
buildings and structures, except traditional indigenous family dwellings as defined herein.
(b) Buildings and/or structures constructed before the approval of this Code shall not be affected
thereby except when alterations, additions, conversions or repairs are to be made therein in which case,
this Code shall apply only to portions to be altered, added, converted or repaired.

SECTION 104. General Building Requirements

(a) All buildings or structures as well as accessory facilities thereto shall conform in all respects to
the principles of safe construction and must be suited to the purpose for which they are designed.
(b) Buildings or structures intended to be used for the manufacture and/or production of any kind
of article or product shall observe adequate environmental safeguards.
(c) Buildings or structures and all parts thereof as well as all facilities found therein shall be
maintained in safe, sanitary and good working condition.

SECTION 105. Site Requirements

The land or site upon which will be constructed any building or structure, or any ancillary or auxillary
facility thereto, shall be sanitary, hygienic or safe. In the case of sites or buildings intended for use as
human habitation or abode, the same shall be at a safe distance, as determined by competent authorities,
from streams or bodies of water and/or sources of air considered to be polluted; from a volcano or volcanic
site and/or any other building considered to be a potential source of fire or explosion.

SECTION 106. Definitions

As used in this Code, the words, terms and phrases enumerated in Annex “A” hereof shall have
the meaning or definition, correspondingly provided therein.
CHAPTER 2 ADMINISTRATION

AND ENFORCEMENT

SECTION 201. Responsibility for Administration and Enforcement

The administration and enforcement of the provisions of this Code including the imposition of
penalties for administrative violations thereof is hereby vested in the Secretary of Public Works,
Transportation and Communications, hereinafter referred to as the “Secretary”.

SECTION 202. Technical Staff

The Secretary is hereby authorized to constitute and provide in his Department a professional staff
composed of highly qualified architects, engineers and technicians who possess diversified and
professional experience in the field of building design and construction.

SECTION 203. General Powers and Functions of the Secretary under this Code

For purposes of carrying out the provisions of this Code, the Secretary shall exercise the following
general powers and functions:

(1) Formulate policies, plans, standards and guidelines on building design, construction, use,
occupancy and maintenance, in accordance with this Code.
(2) Issue and promulgate rules and regulations to implement the provisions of this Code and
ensure compliance with policies, plans, standards and guidelines formulated under paragraph 1 of this
Section.
(3) Evaluate, review, approve and/or take final action on changes and/or amendments to existing
Referral Codes as well as on the incorporation of other referral codes which are not yet expressly made
part of this Code.
(4) Prescribe and fix the amount of fees and other charges that the Building Official shall collect in
connection with the performance of regulatory functions.

SECTION 204. Professional and Technical Assistance

The Secretary with the assistance of his technical staff shall provide such professional, technical,
scientific and other services including testing laboratories and facilities as may be required to carry out the
provisions of this Code; Provided that the Secretary may secure such services as he may deem necessary
from other agencies of the National Government and may make arrangement for the compensation of such
services. He may also engage and compensate within appropriations available therefore, the services of
such number of consultants, experts and advisers on full or part- time basis, as may be necessary, coming
from the government or private businesses, entities or associations to carry out the provisions of this Code.

SECTION 205. Building Officials

Except as otherwise provided herein, the Building Official shall be responsible for carrying out the
provisions of this Code in the field as well as the enforcement of orders and decisions made pursuant
thereto.
Due to the exigencies of the service, the Secretary may designate incumbent Public Works District
Engineers, City Engineers and Municipal Engineers to act as Building Officials in their respective areas of
jurisdiction.
The designation made by the Secretary under this Section shall continue until regular positions of
Building Official are provided or unless sooner terminated for causes provided by law or decree.
SECTION 206. Qualifications of Building Officials

No person shall be appointed as a Building Official unless he possesses the following


qualifications:
1. A Filipino citizen and of good moral character.
2. A duly registered architect or civil engineer.
3. A member of good standing of a duly accredited organization of his profession for not less
than two years.
4. Has at least five years of diversified and professional experience in building design and
construction.

SECTION 207. Duties of a Building Official

In his respective territorial jurisdiction, the Building Official shall be primarily responsible for the
enforcement of the provisions of this Code as well as of the implementing rules and regulations issued
therefor. He is the official charged with the duties of issuing building permits.
In the performance of his duties, a Building Official may enter any building or its premises at all
reasonable times to inspect and determine compliance with the requirements of this Code, and the terms
and conditions provided for in the building permit as issued.
When any building work is found to be contrary to the provisions of this Code, the Building Official
may order the work stopped and prescribe the terms and/or conditions when the work will be allowed to
resume. Likewise, the Building Official is authorized to order the discontinuance of the occupancy or use
of any building or structure or portion thereof found to be occupied or used contrary to the provisions of this
Code.

SECTION 208. Fees

Every Building Official shall keep a permanent record and accurate account of all fees and other
charges fixed and authorized by the Secretary to be collected and received under this Code.
Subject to existing budgetary, accounting and auditing rules and regulations, the Building Official
is hereby authorized to retain not more than twenty percent of his collection for the operating expenses of
his office.
The remaining eighty percent shall be deposited with the city or municipal treasurer and shall
accrue to the General Fund of the province, city or municipality concerned.

SECTION 209. Exemption

Public buildings and traditional indigenous family dwellings shall be exempt from payment of
building permit fees.
As used in this Code, the term “traditional indigenous family dwelling” means a dwelling intended
for the use and occupancy by the family of the owner only and constructed of native materials such as
bamboo, nipa, logs, or lumber, the total cost of which does not exceed fifteen thousand pesos.

SECTION 210. Use of Income from Fees

Any provision of law to the contrary notwithstanding, the Secretary is hereby authorized to prescribe
the procedures for the use of all net income realized by the office of the Building Official from the collection
of fees and charges not exceeding twenty percent thereof in accordance with Section 208.
Such income may be used to cover necessary operating expenses including the purchase of
equipment, supplies and materials, traveling expenses, obligation expenses and sheriff’s fees and payment
of other prior years’ obligations not adequately funded, subject to existing budgetary and auditing rules and
regulations.
SECTION 211. Implementing Rules and Regulations

In the implementation of the provisions of this Code, the Secretary shall formulate necessary rules
and regulations and adopt design and construction standards and criteria for buildings and other structures.
Such standards, rules and regulations shall take effect after their publication once a week for three
consecutive weeks in a newspaper of general circulation.

SECTION 212. Administrative Fines

For the violation of any of the provisions of this Code or any of the rules or regulations issued
thereunder, the Secretary is hereby empowered to prescribe and impose fines not exceeding ten thousand
pesos.

SECTION 213. Penal Provisions

It shall be unlawful for any person, firm or corporation, to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or
cause the same to be done contrary to or in violation of any provision of this Code.
Any person, firm or corporation who shall violate any of the provisions of this Code and/or commit
any act hereby declared to be unlawful shall upon conviction, be punished by a fine of not more than twenty
thousand pesos or by imprisonment of not more than two years or by both such fine and imprisonment:
Provided, that in the case of a corporation firm, partnership or association, the penalty shall be imposed
upon its officials responsible for such violation and in case the guilty party is an alien, he shall immediately
be deported after payment of the fine and/or service of his sentence.

SECTION 214. Dangerous and Ruinous Buildings or Structures

Dangerous buildings are those which are herein declared as such or are structurally unsafe or not
provided with safe egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or
which in relation to existing use, constitute a hazard to safety or health or public welfare because of
inadequate maintenance, dilapidation, obsolescence, or abandonment; or which otherwise contribute to the
pollution of the site or the community to an intolerable degree.

SECTION 215. Abatement of Dangerous Buildings

When any building or structure is found or declared to be dangerous or ruinous, the Building Official
shall order its repair, vacation or demolition depending upon the degree of danger to life, health, or safety.
This is without prejudice to further action that may be taken under the provisions of Articles 482 and 694 to
707 of the Civil Code of the Philippines.

SECTION 216. Other Remedies

The rights, actions and remedies provided in this Code shall be in addition to any and all other rights
of action and remedies that may be available under existing laws.
CHAPTER 3 PERMITS

AND INSPECTION

SECTION 301. Building Permits

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.

SECTION 302. Application for Permits

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:
(1) A description of the work to be covered by the permit applied for;
(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;
(3) The use or occupancy for which the proposal work is intended;
(4) Estimated cost of the proposed work.
To be submitted together with such application are at least five sets of corresponding plans and
specifications prepared, signed and sealed by a duly registered 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.

SECTION 303. Processing of Building Permits

The processing of building permits shall be under the overall administrative control and supervision
of the Building Official and his technical staff of qualified professionals.
In processing an application for a building permit, the Building Official shall see to it that the
applicant satisfies and conforms with approved standard requirements on zoning and land use, lines and
grades, structural design, sanitary and sewerage, environmental health, electrical and mechanical safety
as well as with other rules and regulations promulgated in accordance with the provisions of this Code.

SECTION 304. Issuance of Building Permits

When satisfied that the work described in an application for building permit and the plans and
specifications submitted therewith, conform to the requirements of this Code and other pertinent rules and
regulations, the Building Official shall, within fifteen days from payment of the required fees by the applicant,
issue the building permit applied for.
The Building Official may issue a permit for the construction of only a part or portion of a building
or structure whenever the plans and specifications submitted together with the application do not cover the
entire building or structure.
Approved plans and specifications shall not be changed, modified or altered without the approval
of the Building Official and the work shall be done strictly in accordance thereto.

SECTION 305. Validity of Building Permits

The issuance of a building permit shall not be construed as an approval or authorization to the
permittee to disregard or violate any of the provisions of this Code. Whenever the issuance of a permit is
based on approved plans and specifications which are subsequently found defective, the Building Official is
not precluded from requiring permittee to effect the necessary corrections in said plans and specifications or
from preventing or ordering the stoppage of any or all building operations being carried on thereunder which
are in violation of this Code.
A building permit issued under the provisions of this Code shall expire and become null and void if
the building or work authorized therein is not commenced within a period of one year from the date of such
permit, or if the building or work so authorized is suspended or abandoned at any time after it has been
commenced, for a period of 120 days.

SECTION 306. Non-Issuance, Suspension or Revocation of Building Permits

The Building Official may order or cause the non-issuance, suspension or revocation of
building permits on any or all of the following reasons or grounds:
(a) Errors found in the plans and specifications;
(b) Incorrect or inaccurate data or information supplied;
(c) Non-compliance with the provisions of this Code or of any rule or regulation.

Notice of non-issuance, suspension or revocation of building permits shall always be made in


writing, stating the reason or grounds therefor.

SECTION 307. Appeal

Within fifteen (15) days from the date of receipt of advice of the non-issuance, suspension or
revocation of permits, the applicant/permittee may file an appeal with the Secretary who shall render his
decision within fifteen days from date of receipt of notice of appeal. The decision of the Secretary shall be
final subject only to review by the Office of the President.

SECTION 308. Inspection and Supervision of Work

The owner of the Building who is issued or granted a building permit under this Code shall engage
the services of a duly licensed architect or civil engineer to undertake the full time inspection and
supervision of the construction work.
Such architect or civil engineer may or may not be the same architect or civil engineer who is
responsible for the design of the building.
It is understood however that in either case, the designing architect or civil engineer is not precluded
from conducting inspection of the construction work to check and determine compliance with the plans and
specifications of the building as submitted.
There shall be kept at the jobsite at all times a logbook wherein the actual progress of construction
including tests conducted, weather conditions and other pertinent data are to be recorded.
Upon completion of the construction, the said licensed architect or civil engineer shall submit the
logbook, duly signed and sealed, to the Building Official. He shall also prepare and submit a Certificate of
Completion of the project stating that the construction of building conforms to the provisions of this Code
as well as with the approved plans and specifications.

SECTION 309. Certificate of Occupancy

No building or structure shall be used or occupied and no change in the existing use or occupancy
classification of a building or structure or portion thereof shall be made until the Building Official has issued
a Certificate of Occupancy therefor as provided in this Code.
A Certificate of Occupancy shall be issued by the Building Official within thirty (30) days if after
final inspection and submittal of a Certificate of Completion referred to in the preceding Section, it is found
that the building or structure complies with the provisions of this Code. The Certificate of Occupancy shall
be posted or displayed in a conspicuous place on the premises and shall not be removed except upon order
of the Building Official. The non-issuance, suspension and revocation of Certificates of Occupancy and the
procedure for appeal therefrom shall be governed in so far as applicable, by the provisions of Section 306
and 307 of this Code.
CHAPTER 4

TYPES OF CONSTRUCTION

SECTION 401. Types of Construction

For purposes of this Code, all buildings proposed for construction shall be classified or identified
according to the following types:
(1) Type I – Type I buildings shall be of wood construction. The structural elements may be any
of the materials permitted by this Code.
(2) Type II – Type II buildings shall be of wood construction with protective fire-resistant materials
and one-hour fire-resistive throughout: Except, that permanent non-bearing partitions may use fire-
retardant treated wood within the framing assembly.
(3) Type III – Type III buildings shall be of masonry and wood construction. Structural elements
may be any of the materials permitted by this Code: Provided, that the building shall be one-hour fire-
resistive throughout. Exterior walls shall be of incombustible fire-resistive construction.
(4) Type IV – Type IV buildings shall be of steel, iron, concrete, or masonry construction. Walls,
ceilings, and permanent partitions shall be of incombustible fire-resistive construction: Except, that
permanent non-bearing partitions of one-hour fire-resistive construction may use fire-retardant treated wood
within the framing assembly.
(5) Type V – Type V buildings shall be fire-resistive. The structural elements shall be of steel,
iron, concrete, or masonry construction. Walls, ceilings, and permanent partitions shall be of incombustible
fire-resistive construction.

SECTION 402. Changes in Types

No change shall be made in the type of construction of any building which would place the building
in a different sub-type or type of construction unless such building is made to comply with the requirements
for such sub-type of construction: Except, when the changes is approved by the Building Official upon
showing that the new or proposed construction is less hazardous, based on life and fire risk, than the
existing construction.

SECTION 403. Requirements on Type of Construction

Subject to the provisions of this Chapter, the Secretary shall prescribe standards for each type of
construction, and promulgate rules and regulations therefor, relating to structural framework,
exterior walls and openings, interior walls and enclosures, floors, exits and stairs construction, and
roofs.
CHAPTER 5

REQUIREMENTS FOR FIRE ZONES

SECTION 501. Fire Zones Defined

Fire zones are areas within which only certain types of buildings are permitted to be constructed
based on their use or occupancy, type of construction, and resistance to fire.

SECTION 502. Buildings located in more than One Fire Zone

A building or structure which is located partly in one fire zone and partly in another shall be
considered to be in the more highly restrictive fire zone, when more than one-third of its total floor area is
located in such zone.

SECTION 503. Moved Building

Any building or structure moved within or into any fire zone shall be made to comply with all the
requirements for buildings in that fire zone.

SECTION 504. Temporary Buildings

Temporary buildings such as reviewing stands and other miscellaneous structures conforming to
the requirements of this Code, and sheds, canopies and fences used for the protection of the public around
and in conjunction with construction work, may be erected in the fire zones by special permit from the
Building Official for a limited period of time, and such buildings or structures shall be- completely remove
upon the expiration of the time limit stated in such permits.

SECTION 505. Center Lines of Streets

For the purpose of this Chapter, the center line of an adjoining street or alley may be considered
an adjacent property line. Distances shall be measured at right angles to the street or alley.

SECTION 506. Restrictions on Existing Buildings

Existing buildings or structures in fire zones that do not comply with the requirements for a new
building erected therein shall not hereafter be enlarged, altered, remodeled, repaired or moved except as
follows:
(a) Such building is entirely demolished;
(b) Such building is to be moved outside the limits of the more highly restrictive Fire Zone to a
zone where the building meets the minimum standards;
(c) Changes, alterations and repairs may be made provided that in any 12-month period, the value
of the work does not exceed twenty percent of the value of the existing building, and provided that, such
changes do not add additional combustible material, and do not, in the opinion of the Building Official,
increase the fire hazard;
(d) Additions thereto are separated from the existing building by fire walls, as set forth in Sub-
section 604 (b);
(e) Damage from fire or earthquake, typhoons or any fortuitous event may be repaired, using the
same kind of materials of which the building or structure was originally constructed, provided that, the cost
of such repair shall not exceed twenty percent of the replacement cost of the building or structure

SECTION 507. Designation of Fire Zones

The Secretary shall promulgate specific restrictions for each type of Fire Zone. Cities and
municipalities shall be divided into such Fire Zones in accordance with local, physical, and spatial
framework plans submitted by city or municipal planning and/or development bodies.

CHAPTER 6

FIRE-RESISTIVE REQUIREMENTS IN CONSTRUCTION

SECTION 601. Fire-Resistive Rating defined


Fire-resistive rating means the degree to which a material can withstand fire as determined by
generally recognized and accepted testing methods.

SECTION 602. Fire-Resistive Time Period Rating

Fire-resistive time period rating is the length of time a material can withstand being burned which
may be one-hour, two-hours, three-hours, four-hours, etc.

SECTION 603. Fire-Resistive Standards

All materials of construction, and assemblies or combinations thereof shall be classified according
to their fire-retardant or flame-spread ratings as determined by general accepted testing methods and/or
by the Secretary.

SECTION 604. Fire-Resistive Regulations

The Secretary shall prescribe standards and promulgate rules and regulations on the testing of
construction materials for flame-spread characteristics, tests on fire damages, fire tests of building
construction and materials, door assemblies and tinclad fire doors and window assemblies, the installation
of fire doors and windows and smoke and fire detectors for fire protective signaling system, application and
use of controlled interior finish, fire-resistive protection for structural members, fire-resistive walls and
partitions, fire-resistive floor or roof ceiling, fire-resistive assemblies for protection of openings and fire-
retardant roof coverings.

CHAPTER 7

CLASSIFICATION AND GENERAL REQUIREMENT OF


ALL BUILDINGS BY USE OR OCCUPANCY

SECTION 701. Occupancy Classified

(a) Buildings proposed for construction shall be identified according to their use or the
character of its occupancy and shall be classified as follows:
(1) Group A – Residential Dwellings
Group A Occupancies shall be dwellings.
(2) Group B – Residentials, Hotels and Apartments
Group B Occupancies shall be multiple dwelling units including boarding or lodging houses,
hotels, apartment buildings, row houses, convents, monasteries and other similar building each of
which accommodates more than 10 persons.
(3) Group C – Education and Recreation
Group C Occupancies shall be buildings used for school or day-care purposes, involving
assemblage for instruction, education, or recreation, and not classified in Group I or in Division 1
and 2 or Group H Occupancies.
(4) Group D – Institutional
Group D Occupancies shall include:
Division 1 – Mental hospitals, mental sanitaria, jails, prisons, reformatories, and buildings
were personal liberties of inmates are similarly restrained.
Division 2 – Nurseries for full-time care of children under kindergarten age, hospitals,
sanitaria, nursing homes with non-ambulatory patients, and similar buildings each
accommodating more than five persons.
Division 3 – Nursing homes for ambulatory patients, homes for children of kindergarten
age or over, each accommodating more than five persons: Provided, that Group D
Occupancies shall not include buildings used only for private or family group dwelling purposes.
(5) Group E – Business and Mercantile
Group E Occupancies shall include:
Division 1 – Gasoline filling and service stations, storage garages and boat storage
structures where no work is done except exchange of parts and maintenance requiring no open
flame, welding, or the use of highly flammable liquids.
Division 2 – Wholesale and retail stores, office buildings, drinking and dining
establishments having an occupant load of less than one hundred persons, printing plants,
police and fire stations, factories and workshops using not highly flammable or combustible
materials and paint stores without bulk handlings.
Division 3 – Aircraft hangars and open parking garages where no repair work is done
except exchange of parts and maintenance requiring no open flame, welding or the use of
highly flammable liquids.
(6) Group F – Industrial
Group F Occupancies shall include: ice plants, power plants, pumping plants, cold storage,
and creameries, factories and workshops using incombustible and non-explosive materials, and
storage and sales rooms for incombustible and non-explosive materials.
(7) Group G – Storage and Hazardous
Groups G Occupancies shall include:
Division 1 – Storage and handling of hazardous and highly flammable material.
Division 2 – Storage and handling of flammable materials, dry cleaning plants using
flammable liquids; paint stores with bulk handling, paint shops and spray painting rooms.
Division 3 – Wood working establishments, planning mills and box factories, shops,
factories where loose combustible fibers or dust are manufactured, processed or generated;
warehouses where highly combustible materials is stored.
Division 4 – Repair garages.
Division 5 – Aircrafts repair hangars.
(8) Group H – Assembly Other Than Group I
Group H Occupancies shall include:

Division 1 – Any assembly building with a stage and an occupant load of less than
1000 in the building.
Division 2 – Any assembly building without stage and having an occupant load of 300 or
more in the building.
Division 3 – Any assembly building without a stage and having an occupant load of less
than 300 in the building.
Division 4 – Stadia, reviewing stands, amusement park structures not included within
Group I or in Division 1, 2, and 3 of this Group.
(9) Group I – Assembly Occupant Load 1000 or More
Group I Occupancies shall be any assembly building with a stage and an occupant load of
1000 or more in the building.
(10) Group J – Accessory
Group J Occupancies shall include:
Division 1 – Private garage, carports, sheds and agricultural buildings.
Division 2 – Fences over 1.80 meters high, tanks and towers.
(b) Other subgroupings or divisions within Groups A to J may be determined by the Secretary. Any
other occupancy not mentioned specifically in this Section, or about which there is any question, shall be
included in the Group which it most nearly resembles based on the existing or proposed life and fire hazard.

SECTION 702. Change in Use

No change shall be made in the character of occupancy or use of any building which would place
the building in a different division of the same group of occupancy or in a different group of occupancies,
unless such building is made to comply with the requirements of this Code for such division or group of
occupancy. The character of occupancy of existing buildings may be changed subject to the approval of
the Building Official and the building may be occupied for purposes set forth in other Groups: Provided the
new or proposed use is less hazardous, based on life and fire risk, than the existing use.

SECTION 703. Mixed Occupancy

(a) General Requirements

When a building is of mixed occupancy or used for more than one occupancy, the whole building
shall be subject to the most restrictive requirement pertaining to any of the type of occupancy found therein
except in the following:
(1) When a one-storey building houses more than one occupancy, each portion of the building
shall conform to the requirement of the particular occupancy housed therein and;
(2) Where minor accessory uses do not occupy more than ten percent of the area of any
floor or a building, nor more than ten percent of the basic area permitted in the occupancy
requirements, in which case, the major use of the building shall determine the occupancy
classification.

(b) Forms of Occupancy Separation

Occupancy separations shall be vertical or horizontal or both, or when necessary, of such other
forms as may be required to afford a complete separation between the various occupancy divisions in the
building.

(c) Types of Occupancy Separation

Occupancy separation shall be classified as “One-Hour Fire-Resistive”, “Two-Hour Fire- Resistive”,


“Three-Hour Fire-Resistive” and “Four-Hour Fire-Resistive.”
(1) A “One-Hour Fire-Resistive Occupancy Separation” shall be of not less than one-hour fire-
resistive construction. All openings in such separation shall be protected by a fire- assembly having
a one-hour fire-resistive rating.

(2) A “Two-Hour Fire-Resistive Occupancy Separation” shall be of not less than two-hour fire-
resistive construction. All openings in such separation shall be protected by a fire assembly having
a two-hour fire-resistive rating.
(3) A “Three-Hour Fire-Resistive Occupancy Separation” shall be of not less than three- hour
fire-resistive construction. All openings in walls forming such separation shall be protected by a fire
assembly having a three-hour fire-resistive rating. The total width of all openings in any three-hour
fire-resistive occupancy separation wall in any one-storey shall not exceed 25 percent of the length
of the wall in that storey and no single opening shall have an area greater than 10.00 square meters.
All openings in floors forming a “Three-Hour Fire- Resistive Occupancy Separation” shall be
protected by vertical enclosures extending above and below such openings. The walls of such
vertical enclosures shall be of not less than two- hour fire-resistive construction, and all openings
therein shall be protected by a fire assembly having a three-hour fire-resistive rating.
(4) A “Four-Hour Fire-Resistive Occupancy Separation” shall have no openings therein and
shall be of not less than four-hour fire-resistive construction.

(d) Fire Rating for Occupancy Separation

Occupancy Separations shall be provided between groups, subgroupings, or divisions of


occupancies. The Secretary shall promulgate rules and regulations for appropriate occupancy separations
in buildings of mixed occupancy; Provided, that, where any occupancy separation is required, the minimum
shall be a “One-Hour Fire-Resistive Occupancy Separation”; and where the occupancy separation is
horizontal, structural members supporting the separation shall be protected by an equivalent fire-resistive
construction.

SECTION 704. Location on Property


(a) General

No building shall be constructed unless it adjoins or has direct access to a public space, yard or
street on at least one of its sides.
For the purpose of this Section, the center line of an adjoining street or alley shall be
considered an adjacent property line.
Eaves over required windows shall not be less than 750 millimeters from the side and rear
property lines.

(b) Fire Resistance of Walls

Exterior walls shall have fire resistance and opening protection in accordance with the requirements
set forth by the Secretary. Projections beyond the exterior wall shall not exceed beyond a point one-third
the distance from an assumed vertical plane located where the fire-resistive protection of openings is first
required to the location on property whichever is the least restrictive. Distance shall be measured at right
angles from the property line. When openings in exterior walls are required to be protected due to distance
from property line, the sum of the areas of such openings in any storey shall not exceed 50 percent of the
total area of the wall in that storey.

(c) Buildings on Same Property and Buildings Containing Courts

For the purpose of determining the required wall and opening protection, buildings on the same
property and court walls shall be assumed to have a property line between them. When a new building is
to be erected on the same property with an existing building, the assumed property line from the existing
building shall be the distance to the property line for each occupancy as set forth by the Secretary:
Provided, that two or more buildings on the same property may be considered as one building if the
aggregate area of such building is within the limits of allowable floor areas for a single building, and when
the buildings so considered, house different occupancies or are of different types of construction, the area
shall be that allowed for the most restrictive occupancy or construction.

SECTION 705. Allowable Floor Areas

The allowable floor areas for one-storey building and buildings over one-storey shall not
exceed the limits prescribed by the Secretary for each occupancy groups and/or types of construction. For
purposes of this Section, each portion of a building separated by one or more area separation walls
may be considered a separate building provided the area separation walls meet the
requirements prescribed therefor by the Secretary.

SECTION 706. Allowable Floor Area Increases

The floor areas hereinabove provided may be increased in certain specific instances and under
appropriate conditions, based on the existence of public space, streets or yards extending along and
adjoining two or more sides of the building or structure subject to the approval of the Building Official.

SECTION 707. Maximum Height of Buildings

The maximum height and number of storeys of every building shall be dependent upon the
character of occupancy and the type of construction as determined by the Secretary considering population
density, building bulk, widths of streets and car parking requirements. The height shall be measured from
the highest adjoining sidewalk or ground surface: Provided, that the height measured from the lowest
adjoining surface shall not exceed such maximum height by more than 3.00 meters: Except, that towers,
spires, and steeples, erected as part of a building and not used for habitation or storage are limited as to
height only by structural design if completely of incombustible materials, or may extend not to exceed 6.00
meters above the height limits for each occupancy group if of combustible materials.
SECTION 708. Minimum Requirements for Group A Dwellings

(a) Dwelling Location and Lot Occupancy

The dwelling shall occupy not more than ninety percent of a corner lot and eighty percent of an
inside lot, and subject to the provisions on Easements of Light and View of the Civil Code of Philippines,
shall be at least 2 meters from the property line.

(b) Light and Ventilation

Every dwelling shall be so constructed and arranged as to provide adequate light and ventilation
as provided under Section 805 to Section 811, of this Code.

(c) Sanitation

Every dwelling shall be provided with at least one sanitary toilet and adequate washing and
drainage facilities.

(d) Foundation

Footings shall be of sufficient size and strength to support the load of the dwelling and shall be at
least 250 millimeters thick and 600 millimeters below the surface of the ground.

(e) Post

The dimensions of wooden posts shall be those found in Table 708-A: Dimensions of Wooden Posts (Annex
B-1). Each post shall be anchored to such footing by straps and bolts of adequate size.

(f) Floor

The live load of the first floor shall be at least 200 kilograms per square meter and for the second
floor, at least 150 kilograms per square meter.

(g) Roof

The wind load for roofs shall be at least 120 kilograms per square meter for vertical projection.

(h) Stairs

Stairs shall be at least 750 millimeters in clear width, with a rise of 200 millimeters and a minimum
run of 200 millimeters.

(i) Entrance and Exit

There shall be at least one entrance and another one for exit.

(j) Electrical Requirements

All electrical installation shall conform to the requirements of the Philippine Electrical Code.

(k) Mechanical Requirements

Mechanical systems and/or equipment installation shall be subject to the requirement of the
Philippine Mechanical Engineering Code.
SECTION 709. Requirements for Other Group Occupancies

Subject to the provisions of this Code, the Secretary shall promulgate rules and regulations for each of the
other Group Occupancies covering: allowable construction, height, and area; location on property, exit
facilities, light, ventilation, and sanitation; enclosures of vertical openings; fire extinguishing systems; and
special hazards.
CHAPTER 8

LIGHT AND VENTILATION

SECTION 801. General Requirements of Light and Ventilation

(a) Subject to the provisions of the Civil Code of the Philippines on Easements of Light and View,
and to the provisions of this part of the Code, every building shall be designed, constructed, and equipped
to provide adequate light and ventilation.
(b) All buildings shall face a street or public alley or a private street which has been duly approved.
(c) No building shall be altered nor arranged so as to reduce the size of any room or the relative
area of windows to less than that provided for buildings under this Code, or to create an additional room,
unless such additional room conforms to the requirements of this Code.
(d) No building shall be enlarged so that the dimensions of the required court or yard would be
less than that prescribed for such building.

SECTION 802. Measurement of Site Occupancy

(a) The measurement of site occupancy or lot occupancy shall be taken at the ground level and
shall be exclusive of courts, yards, and light wells.
(b) Courts, yards, and light wells shall be measured clear of all projections from the walls enclosing
such wells or yards with the exception of roof leaders, wall copings, sills, or steel fire escapes not exceeding
1.20 meters in width.

SECTION 803. Percentage of Site Occupancy

(a) Minimum site occupancy shall be governed by the use, type of construction, and height of the
building and the use, area, nature, and location of the site; and subject to the provisions of the local zoning
requirements and in accordance with the rules and regulations promulgated by the Secretary.

SECTION 804. Size and Dimensions of Courts

(a) Minimum size of courts and their least dimensions shall be governed by the use, type of
construction, and height of the building as provided in the rules and regulations promulgated by the
Secretary, provided that the minimum horizontal dimension of court shall be not less than 2.00 meters.
(b) All inner courts shall be connected to a street or yard, either by a passageway with a minimum
width of 1.20 meters or by a door through a room or rooms.

SECTION 805. Ceiling Heights

(a) Habitable rooms provided with artificial ventilation shall have ceiling heights not less than
2.40 meters measured from the floor to the ceiling; Provided that for buildings of more than one- storey, the
minimum ceiling height of the first storey shall be 2.70 meters and that for the second storey 2.40 meters
and succeeding storeys shall have an unobstructed typical head-room clearance of not less than 2.10
meters above the finished floor. Above stated rooms with a natural ventilation shall have ceiling heights not
less than 2.70 meters.
Mezzanine floors shall have a clear ceiling height not less than 1.80 meters above and below it.

SECTION 806. Size and Dimension of Rooms

Minimum sizes of rooms and their least horizontal dimensions shall be as follows:
1. Rooms for Human Habitations – 6.00 square meters with a least dimension of 2.00
meters;
2. Kitchens – 3.0 square meters with a least dimension of 1.50 meters;
3. Bath and toilet – 1.20 square meters with a least dimension of 0.90 meter.

SECTION 807. Air Space Requirements in Determining the Size of Rooms

Minimum air space shall be provided as follows:

1. School Rooms – 3.00 cubic meters with 1.00 square meter of floor area per person;
2. Workshops, Factories, and Offices – 12.00 cubic meters of air space per person;
3. Habitable rooms – 14.00 cubic meters of air space per person.

SECTION 808. Window Openings

Every room intended for any use, not provided with artificial ventilation system as herein specified
in this Code, shall be provided with a window or windows with a total free area of openings and equal to at
least ten percent of the floor area of room, and such window shall open directly to a court, yard, public street
or alley, or open water courses.

SECTION 809. Vent Shafts

(a) Ventilation or vent shafts shall have a horizontal cross-sectional area of not less than 0.10
square meter for every meter of height of shaft but in no case shall the area be less than 1.00 square meter.
No vent shaft shall have its least dimension less than 600 millimeters.
(b) Skylights – Unless open to the outer air at the top for its full area, vent shaft shall be covered
by a skylight having a net free area or fixed louver openings equal to the maximum required shaft area.
(c) Air ducts shall open to a street or court by a horizontal duct or intake at a point below the lowest
window opening. Such duct or intake shall have a minimum unobstructed cross-sectional area of not less
than 0.30 square meter with a minimum dimension of 300 millimeters. The openings to the duct or intake
shall be not less than 300 millimeters above the bottom of the shaft and the street surface or level of court,
at the respective ends of the duct or intake.

SECTION 810. Ventilation Skylights

Skylights shall have a glass area not less than that required for the windows that are replaced.
They shall be equipped with movable sashes or louvers with an aggregate net free area not less than that
required for openable parts in the window that are replaced or provided with approved artificial ventilation
of equivalent effectiveness.

SECTION 811. Artificial Ventilation

(a) Rooms or spaces housing industrial or heating equipment shall be provided with artificial
means of ventilation to prevent excessive accumulation of hot and/or polluted air.
(b) Whenever artificial ventilation is required, the equipment shall be designed and constructed to
meet the following minimum requirements in air changes:
1. For rooms entirely above grade and used for office, clerical, or administrative purposes, or
as stores, sales rooms, restaurants, markets, factories, workshops, or machinery rooms,
not less than three changes of air per hour shall be provided.

2. For rooms entirely above grade and used as bakeries, hotel or restaurant kitchens,
laundries other than accessory to dwellings, and boiler rooms – not less than ten changes
of air per hour shall be provided.
3. For auditorium and other rooms used for assembly purposes, with seats or other
accommodations – not less than 0.30 cubic meter of air per minute shall be supplied for
each person.
4. For wards and dormitories of institutional buildings – not less than 0.45 cubic meter of air
per minute shall be supplied for each person accommodated.
5. For other rooms or spaces not specifically covered under this Section of the Code,
applicable provisions of the Philippine Mechanical Engineering Code, shall be followed.
CHAPTER 9

SANITATION

SECTION 901. General Requirements

Subject to the provisions of Book II of the Civil Code of the Philippines on Property, Ownership,
and its Modification, all buildings hereafter erected, altered, remodeled, relocated or repaired for human
habitation shall be provided with adequate and potable water supply, plumbing installation, and suitable
wastewater treatment or disposal system, storm water drainage, pest and vermin control, noise abatement
device, and such other measures required for the protection and promotion of health of persons occupying
the premises and others living nearby.

SECTION 902. Water Supply System

(a) Whenever available, the potable water requirements for a building used for human habitation
shall be supplied from existing municipal or city waterworks system.
(b) The quality of drinking water from meteoric, surface or underground sources shall conform to
the criteria set in the latest approved National Standards for Drinking Water.
(c) The design, construction and operation of deepwells for the abstraction of groundwater shall
be subject to the provisions of the Water Code of the Philippines.
(d) The design, construction and operation of independent waterworks systems private housing
subdivisions or industrial estates shall be governed by existing laws relating to local waterworks system.
(e) The water piping installations inside buildings and premises shall conform to the provisions of
the National Plumbing Code of the Philippines.

SECTION 903. Wastewater Disposal System

(a) Sanitary sewage from buildings and neutralized or pre-treated industrial wastewater shall be
discharged directly into the nearest street sanitary sewer main of existing municipal or city sanitary
sewerage system in accordance with the criteria set by the Code on Sanitation and the National Pollution
Control Commission.
(b) All buildings located in areas where there are no available sanitary sewerage system shall
dispose their sewage “Imhoff” or septic tank and subsurface absorption field.
(c) Sanitary and industrial plumbing installations inside buildings and premises shall conform to
the provisions of the National Plumbing Code.
SECTION 904. Storm Drainage System

(a) Rainwater drainage shall not discharge to the sanitary sewer system.
(b) Adequate provisions shall be made to drain low areas in buildings and their premises.

SECTION 905. Pest and Vermin Control

(a) All buildings with hollow and/or wood construction shall be provided with rat proofing.
(b) Garbage bins and receptacles shall be provided with ready means for cleaning and with
positive protection against entry of pest and vermins.
Dining rooms for public use without artificial ventilation shall be properly screened.
SECTION 906. Noise Pollution Control

Industrial establishments shall be provided with positive noise abatement devices to tone down the
noise level of equipment and machineries to acceptable limits set down by the Department of Labor and
the National Pollution Control Commission.

SECTION 907. Pipe Materials

All pipe materials to be used in buildings shall conform to the Standard Specifications of the
Philippine Standard Council.

CHAPTER 12

GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS

SECTION 1201. General Requirements

Buildings proposed for construction shall comply with all the regulations and specifications herein
set forth governing quality, characteristics and properties of materials, methods of design and construction,
type of occupancy and classification.
All other matters relative to the structural design of all buildings and other structures not provided
for in this Chapter shall conform with the provisions of the National Structural Code of Buildings, as adopted
and promulgated by the Board of Civil Engineering pursuant to Republic Act Number 544, as amended,
otherwise known as the “Civil Engineering Law”.

SECTION 1202. Excavation, Foundation, and Retaining Walls

(a) Subject to the provisions of Articles 684 to 686 of the Civil Code of the Philippines on lateral
and subjacent support, the design and quality of materials used structurally in excavation, footings, and in
foundations shall conform to accepted engineering practice.

(b) Excavation and Fills


(1) Excavation or fills for buildings or structures shall be so constructed or protected that they
do not endanger life or property.
(2) Whenever the depth of excavation for any construction is such that the lateral and
subjacent support of the adjoining property or existing structure thereon would be affected in a
manner that the stability or safety of the same is endangered, the person undertaking or causing
the excavation to be undertaken shall be responsible for the expense of underpinning or extending
the foundation or footings of the aforementioned property or structure.
(3) Excavation and other similar disturbances made on public property shall, unless otherwise
excluded by the Building Official, be restored immediately to its former condition within 48 hours
(1) Surfaces to which veneer is attached shall be designed to support the additional vertical
and lateral loads imposed by the veneer.
(2) Consideration shall be given to differential movements of the supports including those
caused by temperature changes, shrinkage, creep, and deflection.
(3) Adhered veneer and its backing shall be designed to have a bond to the supporting
elements sufficient to withstand shearing stresses due to their weights including seismic effects on
the total assemblage.
(4) Anchored veneer and its attachment shall be designed to resist horizontal forces equal to
twice the weight of the veneer.
(5) Anchors supports and ties shall be non-combustible and corrosion-resistant.

SECTION 1204. Enclosure of Vertical Openings

(a) General. Vertical openings shall be enclosed depending upon the fire-resistive requirements
of a particular type of construction as set forth in this Code.
(b) Elevator Enclosures. Walls and partitions enclosing elevators and escalators shall be of not
less than the fire-resistive construction required under the Types of Construction. Enclosing walls of
elevator shafts may consist of wire glass set in metal frames on the entrance side only. Elevator shafts
extending through more than two storeys shall be equipped with an approved means of adequate
ventilations to and through the main roof of the building: Provided, that in those buildings housing Groups
F and G Occupancies equipped with automatic fire-extinguishing systems throughout, enclosures shall not
be required for escalators: Provided, further that the top of the escalator opening at each storey shall be
provided with a draft curtain. Such draft curtain shall enclose the perimeter of the unenclosed opening and
shall extend from the ceiling downward at least 300 millimeters on all sides. Automatic sprinklers shall be
provided around the perimeter of the opening and within a 600 millimeters of the draft curtain. The distance
between the sprinkles shall not exceed 1.80 meters center-to-center.
(c) Other Vertical Openings. All shafts, ducts, chutes, and other vertical openings not covered in
paragraph (b) above shall have enclosing walls conforming to the requirements specified under the type of
construction of the building in which they are located. In other than Group A Occupancies rubbish and linen
chutes shall terminate in rooms separated from the remainder of the building by a One-Hour Fire-Resistive
Occupancy Separation. Openings into the chutes shall not be located in required exit corridors or stairways.
(d) Air Ducts. Air ducts passing through a floor shall be enclosed in a shaft. The shaft shall be as
required in this Code for vertical openings. Dampers shall be installed where ducts pierce the shaft
enclosure walls. Air ducts in Group A Occupancies need not be enclosed in a shaft if conforming to the
mechanical provisions of this Code.

SECTION 1205. Floor Construction

(a) Floors shall be of such materials and construction as specified under Chapter 5 Fire
Zones and Fire-Resistive Standards and under Chapter 6 – Types of Construction.
(b) All floors shall be so framed and secured into the framework and supporting walls as to form
an integral part of the whole building.
(c) The types of floor construction used shall provide means to keep the beam and girders from
lateral buckling.

SECTION 1206. Roof Construction and Covering

(a) Roof Covering. Roof covering for all buildings shall be either fire-retardant or ordinary
depending upon the fire-resistive requirements of the particular type of construction. The use of combustible
roof insulation shall be permitted in all types of construction provided it is covered with approved roof
covering applied directly thereto.
(b) Roof Trusses. All roofs shall be so framed and tied into the framework and supporting walls so as to form
an integral part of the whole building. Roof trusses shall have all joints well fitted and shall have all
tension members well tightened before any load is placed in the truss. Diagonal and sway bracing
shall be used to brace all roof trusses. The allowable working stresses of materials in trusses
shall conform to this Code. Camber shall be provided to prevent sagging.

(c) Attics.

(1) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings
with a combustible ceiling or roof construction. The opening shall be located in a corridor or hallway
of buildings of three or more storeys in height , and readily accessible in buildings of any height.
An opening shall not be less than 600 millimeters square or 600 millimeters in diameter. The
minimum clear headroom of 800 millimeters shall be provided above the access opening. For
ladder requirements, refer to the Philippine Mechanical Engineering code.
(2) Area Separation. Enclosed attic spaces of combustible construction shall be divided into
horizontal areas not exceeding 250 square meters by fire-resistive partitions extending from the
ceiling to the roof. Except, that where the entire attic is equipped with approved automatic fire-
extinguishing system, the attic space may be divided into areas not to exceed 750 square meters.
Openings in the partitions shall be protected by self-closing doors.
(3) Draft Stops. Regardless of the type of construction, draft stops shall be installed in trusses
roofs, between roof and bottom chords or trusses, in all buildings exceeding 2000 square meters.
Draft stops shall be constructed as for attic area separations.
(4) Ventilation. Enclosed attics including rafter spaces formed where ceilings are applied
direct to the underside or roof rafters, shall be provided with adequate ventilation protected against
the entrance of rain.

(d) Roof Drainage System

(1) Roof Drains. Roof drains shall be installed at low points of the roof and shall be
adequate in size to discharge all tributary waters.
(2) Overflow Drains and Scuppers. Where roof drains are required, adequate overflow
drains shall be provided.
(3) Concealed Piping. Roof drains and overflow drains, when concealed within the
construction of the building, shall be installed in accordance with the provisions of the National
Plumbing Code.
(4) Over Public Property. Roof drainage water from a building shall not be permitted to flow
over public property, except for Group A and J Occupancies.

(e) Flashing. Flashing and counterflashing shall be provided at the juncture of the roof and vertical
surfaces.

SECTION 1207. Stairs, Exits, and Occupant Loads

(a) General. The construction of stairs and exits shall conform to the occupant load requirements
of buildings, reviewing stands, bleachers, and grandstands.
(1) Determination of Occupant Loads. The occupant load permitted in any building or portion
thereof shall be determined by dividing the floor area assigned to that use by the unit area allowed
per occupant as determined by the Secretary.
(2) Exit Requirements. Exist requirements of a building or portion thereof used for different
purposes shall be determined by the occupant load which gives the largest number of persons.
No obstruction shall be placed in the required width of an exit except projections permitted by this
Code.
(3) Posting of Room Capacity. Any room having an occupant load of more than 50 where
fixed seats are not installed, and which is used for classroom, assembly, or similar purpose shall
have the capacity of the room posted in a conspicuous place near the main exit from the room.
(4) Changes in Elevation. Except in Group A Occupancies, changes in floor elevations of
less than 300 millimeters along any exit serving a tributary occupant load of 10 or more shall be by
means ramps:
(5) Number of Exits. Every building or usable portion thereof shall have at lease one exit. In all
occupancies, floors above the first storey having an occupant load of more than 10 shall not have
less than two exits. Each mezzanine floor used for other than storage purposes, if greater in area
than 185 square meters or more than 18.00 meters in any dimension, shall have at least two
stairways to an adjacent floor. Every storey or portion thereof, having an occupant load of 500 to
999 shall have at least three exits. Every storey or portion thereof having an occupant load of
1000 or more shall have at least four (4) exits. The number of exits required from any storey of
a building shall be determined by using the occupant loads of floors which exit through the level
under consideration as follows: 50 percent of the occupant load in the first adjacent storey above
(and the first adjacent storey below, when a storey below exits through the level under
consideration) and 25 percent of the occupant load in the storey immediately beyond the first
adjacent storey. The maximum number of exits required for any storey shall be maintained until
egress is provided from the structures. For purposes of this Section basement or cellars and
occupied roofs shall be provided with exits as required for storeys. Floors above the second storey,
basements and cellars used for other than service of the building shall have not less than two exits.
(6) Width. The total width of exits in meters shall not be less than the total occupant load
served divided by 165. Such width of exits shall be divided approximately equally among the
separate exits. The total exit width required from any storey of a building shall be determined by
using the occupant load of that storey plus the percentage of the occupant loads of floors which
exits through the level under consideration as follows: fifty (50) percent of the occupant load in the
first adjacent storey above (and the first adjacent storey below when a storey below exits through
the level under consideration) and twenty five percent of the occupant load in the storey
immediately beyond the first adjacent storey. The maximum exit width from any storey of a building
shall be maintained.
(7) Arrangement of Exits. If only two exits are required they shall be placed a distance apart
to not less than one-fifth of the perimeter of the area served measured in a straight line between
exits. Where three or more exits are required they shall be arranged a reasonable distance apart
so that if one becomes blocked, the others will be available.
(8) Distance to Exists. No point in a building without a sprinkler system shall be more than
45.00 meters from an exterior exit door, a horizontal exit, exit passageway, or an enclosed stairway,
measured along the line of travel. In a building equipped with a complete automatic fire
extinguishing system the distance from exits may be increased to 60.00 meters.

(b) Doors. The provisions herein shall apply to every exit door serving an area having an occupant
load of more than 10, or serving hazardous rooms or areas.
(1) Swing. Exit door shall swing in the direction of exit travel when serving any hazardous
areas or when serving an occupant load of 50 or more. Double acting doors shall not be used as
exits serving a tributary occupant load of more than 100; nor shall they be used as a part of fire
assembly, nor equipped with panic hardware. A double acting door shall be provided with a view
panel of not less than 1,300 square centimeters.
(2) Type of Lock or Latch. Exit door shall be openable from the inside without the use of a
key or any special knowledge or effort: Except, that this requirement shall not apply to exterior exit
doors in a group E or F Occupancy if there is a conspicuous, readily visible and durable sign on or
adjacent to the door, stating that the door is to remain unlocked during business hours. The locking
device must be of a type that will readily be distinguishable as locked. Flush bolts or surface bolts
are prohibited.
(3) Width and Height. Every required exit doorway shall be of a size as to permit the
installation of a door not less than 900 millimeters in width and not less than 2.00 meters in height.
When installed in exit doorways, exit doors shall be capable of opening at least 90 degrees and
shall be so mounted that the clear width of the exitway is not less than 700 millimeters. In computing
the required exit width the net dimension of the exitway shall be used.
(4) Door Leaf Width. No leaf of an exit door shall exceed 1.20 meters in width.
(5) Special Doors. Revolving, sliding, and overhead doors shall not be used as required exits.
(6) Egress from Door. Every required exit door shall give immediate access to an approved
means of egress from the building.
(7) Change in Floor Level at Doors. Regardless of the occupant load there shall be a floor or
landing on each side of an exit door. The floor or landing shall be leveled with, or not
more than 50 millimeters lower than the threshold of the doorway: Except, that in Group A and B
Occupancies, a door may open on the top step of a flight of stairs or an exterior landing provided
the door does not swing over the top step or exterior landing and the landing is not more than 200
millimeters below the floor level.
(8) Door Identification. Glass doors shall conform to the requirements in Section 1805. Other
exit doors shall be so marked that they are readily distinguishable from the adjacent construction.
(9) Additional Doors. When additional doors are provided for egress purposes, they shall
conform to all provisions in the following cases: Approved revolving doors having leaves which will
collapse under opposing pressures may be used in exit situations; provided; that such doors have
a minimum width of 2.00 meters or they are not used in occupancies where exits are required to
be equipped with panic hardware or at least one conforming exit door is located adjacent to each
revolving doors installed in a building and the revolving door shall not be considered to provide nay
exit width.

(c) Corridors and Exterior Exit Balconies. The provisions herein shall apply to every corridor and
exterior exit balcony serving as a required exit for an occupant load of more than ten.
(1) Width. Every corridor or exit balcony shall not be less than 1.10 meters in width.
(2) Projections. The required width of corridors and exterior exit balconies shall be
unobstructed. Except, that trim handrails, and doors when fully opened shall not reduce the
required width by more than 200 millimeters. Doors in any position shall not reduce the required
width of the corridor by more than one-half.
(3) Access to Exits. When more than one exit is required, they shall be so arranged to allow
going to either direction from any point in the corridor or exterior exit balcony to a separate exit,
except for dead ends permitted by this Code.
(4) Dead Ends. Corridors and exterior exit balconies with dead ends are permitted when the
dead end does not exceed 6.00 meters in length.
(5) Construction. Walls and ceilings of corridors shall not be less than one-hour fire- resistive
construction. Provided, that this requirement shall not apply to exterior exit balconies, railings, and
corridors of one-storey building housing a Group E and F Occupancy occupied by one tenant only
and which serves an occupant load of 30 or less, nor to corridors, formed by temporary partitions.
Exterior exit balconies shall not project into an area where protected openings are required.
(6) Openings. Where corridor wall are required to be one-hour fire-resistive construction, every
interior door opening shall be protected as set forth in generally recognized and accepted
requirements for dual purpose fire exit doors. Other interior openings except ventilation louvers
equipped with approved automatic fire shutters shall be 7 millimeters thick fixed wire glass set in
steel frames. The total area of all openings other than doors, in any portion of an interior corridor
wall shall not exceed twenty-five percent of the area of the corridor wall of the room being separated
from the corridor.

(d) Stairways. Except stairs or ladders used only to access equipment, every stairway serving any
building or portion thereof shall conform to the following requirements:
(1) Width. Stairways serving an occupant load of more than 50 shall not be less than
1.10 meters. Stairways serving an occupant load of 50 or less may be 900 millimeters wide. Private
stairways serving an occupant load of less than 10 may be 750 millimeters. Trim and handrails
shall not reduce the required width by more than 100 millimeters.
(2) Rise and Run. The rise of every step in a stairway shall not exceed 200 millimeters and
the run shall not be less than 250 millimeters. The maximum variations in the height of risers and
the width of treads in any one flight shall be 5 millimeters: Except, in case of private stairways
serving an occupant load of less than 10, the rise may be 200 millimeters and the run may be 250
millimeters, except as provided in sub-paragraph (3) below.
(3) Winding Stairways. In Group A Occupancy and in private stairways in Group B
Occupancies, winders may be used if the required width of run is provided at a point not more than
300 millimeters from the side of the stairway where the treads are narrower but in no case shall
any width of run be less than 150 millimeters at any point.
(4) Circular Stairways. Circular stairs may be used as an exit provided the minimum width of
run is not less than 250 millimeters. All treads in any one flight between landings shall have identical
dimensions within a 5 millimeter tolerance.
(5) Landings. Every landing shall have a dimension measured in the direction of travel equal
to the width of the stairway. Such dimension need not exceed 1.20 meters when the stairs has a
straight run. Landings when provided shall not be reduced in width by more than 100 millimeters
by a door when fully open.
(6) Basement Stairways. Where a basement stairway and a stairway to an upper storey
terminate in the same exit enclosure, an approved barrier shall be provided to prevent persons
from continuing on to the basements. Directional exit signs shall be provided as specified in this
Code.
(7) Distance Between Landings. There shall be not more than 3.60 meters vertical distance
between landings.
(8) Handrails. Stairways shall have handrails on each side and every stairway required to be
more than 3.00 meters in width shall be provided with not less than one intermediate handrail for
each 3.00 meters of required width. Intermediate handrails shall be spaced approximately equal
within the entire width of the stairway. Handrails shall be placed not less than 800 millimeters nor
more than 900 millimeters above the nosing of treads, and ends of handrails shall be returned or
shall terminate in newel posts or safety terminals: Except, in the following cases: Stairways 1.10
meters or less in width and stairways serving one individual dwelling unit in Group A or B
Occupancies may have one handrail, except that such stairway, open on one or both, sides shall
have handrails provided on the open side or sides: or stairways having less than four risers need
not have handrails.
(9) Exterior Stairway Protection. All openings in the exterior wall below or within 3.00 meters,
measured horizontally, of an exterior exit stairway serving a building over two storeys in height shall
be protected by a self-closing fire assembly having a three-fourths hour fire- resistive rating:
Except, that openings may be unprotected when two separated exterior stairways serve an exterior
exit balcony.
(10a) Stairways Construction - Interior. Interior stairways shall be constructed as specified in
this Code. Where there is enclosed usable space under the stairs the walls and soffits of the
enclosed space shall be protected on the enclosed side as required for one-hour fire resistive
construction.
(10b) Stairway Construction - Exterior. Exterior stairways shall be of incombustible material:
Except, that on Type III buildings which do not exceed two storeys in height, which are located in
less fire-restrictive Fire Zones, as well as on Type I buildings which may be of wood not less than
50 millimeters in nominal thickness. Exterior stairs shall be protected as required for exterior walls
due to location on property as specified in this Code. Exterior stairways shall not project into an
area where openings are required to be protected. Where there is enclosed usable space under
stairs, the walls and soffits of the enclosed space shall be protected on the enclosed side as
required for one-hour fire-resistive construction.
(11) Stairway to Roof. In every building four or more storeys in height, one stairway shall
extend to the roof unless the roof has C slope greater than 1 in 3.
(12) Headroom. Every required stairway shall have a headroom clearance of not less than
2.00 meters. Such clearance shall be established by measuring vertically from a plane parallel and
tangent to the stairway tread nosing to the soffit above all points.

(e) Ramps. A ramp conforming to the provisions of this Code may be used as an exit. The width
of ramps shall be as required for corridors.

(f) Horizontal Exit. If conforming to the provisions of this Code, a horizontal exit may be
considered as the required exit. All openings in a separation wall shall be protected by a fire assembly
having a fire-resistive rating of not less than one hour. A horizontal exit shall not lead into a floor area
having a capacity for an occupant load not less than the occupant load served by such exit. The capacity
shall be determined by allowing 0.30 square meter of net floor area per ambulatory occupant and 1.90
square meters per non-ambulatory occupant. The dispersal area into which the horizontal exit leads shall
be provided with exits as required by this Code.

(g) Exit Enclosure. Every interior stairway, ramp, or escalator shall be enclosed as specified in
(1) Enclosure walls shall not be less than two-hour fire-resistive construction. There shall be
no openings into exit enclosures except exit doorways and openings in exterior walls. All exit doors
in an exit enclosure shall be appropriately protected.
(2) Stairway and ramp enclosures shall include landings and parts of floors connecting stairway
flights and shall include a corridor on the ground floor leading from the stairway to the exterior of
the building. Enclosed corridors or passageways are not required for unenclosed stairways.
(3) A stairway in an exit enclosure shall not continue below the grade level exit unless an
approved barrier is provided at the ground floor level to prevent persons from accidentally
continuing into the basement.
(4) There shall be no enclosed usable space under stairways in an exit enclosure, nor shall
the open space under such stairways be used for any purpose.

(h) Smokeproof Enclosures


A smokeproof enclosure shall consist of a vestibule and a continuous stairway enclosed from the
highest point to the lowest point by walls of two-hour fire-resistive construction. In buildings five storeys or
more in height, one of the required exits shall be a smokeproof enclosure.
(1) Stairs in smokeproof enclosures shall be of incombustible construction.
(2) There shall be no openings in smokeproof enclosures, except exit doorways and openings
in exterior walls. There shall be no openings directly into the interior of the building. Access shall
be through a vestibule with one wall at least fifty percent open to the exterior and having an exit
door from the interior of the building and an exit door leading to the smokeproof enclosure. In lieu
of a vestibule, access may be by way of an open exterior balcony of incombustible materials.
(3) The opening from the building to the vestibule or balcony shall be protected with a self-
closing fire assembly having one-hour fire-resistive rating. The opening from the vestibule or
balcony to the stair tower shall be protected by a self-closing fire assembly having a one-hour fire-
resistive rating.
(4) A smokeproof enclosure shall exit into a public way or into an exit passageway leading to
a public way. The exit passageway shall be without other openings and shall have walls, floors,
and ceilings of two-hour fire-resistance.
(5) A stairway in a smokeproof enclosure shall not continue below the grade level exit unless
an approved barrier is provided at a ground floor level to prevent persons from accidentally walking
into the basement.

(i) Exit Outlets, Courts, and Passageways


Every exit shall discharge into a public way, exit court, or exit passageway. Every exit court shall
discharge into a public way or an exit passageway. Passageways shall be without openings other than
required exits and shall have walls, floors, and ceilings of the same period of fire-resistance as the walls,
floors and ceilings of the building but shall not be less than one-hour fire-resistive construction.
(1) Width. Every exit court and exit passageways shall be at least as wide as the required
total width of the tributary exits, such required width being based on the occupant load served. The
required width of exit courts or exit passageways shall be unobstructed except as permitted in
corridors. At any point where the width of an exit court is reduced from any cause, the reduction in
width shall be affected gradually by a guardrail at least 900 millimeters in height. The guardrail
shall make an angle of not more than 30 degrees with the axis of the exit court.
(2) Slope. The slope of exit courts shall not exceed 1 in 10. The slope of exit passageway
shall not exceed 1 in 8.
(3) Number of Exits. Every exit court shall be provided with exits as required in this Code.
(4) Openings. All openings into an exit court less than 3.00 meters wide shall be protected
by fire assemblies having not less than three-fourth hour fire-resistive rating. Except, that openings
more than 3.00 meters above the floor of the exit court may be unprotected.

(j) Exit Signs and Illuminations


Exits shall be illuminated at any time the building is occupied with lights having an intensity of not
less than 10.7 lux at floor level: Except, that for Group A Occupancies, the exit illumination shall
this Code: Except, that in other than Group D Occupancies, an enclosure will not be required for
stairway, ramp, or escalator serving only one adjacent floor and not connected with corridors or stairways
serving other floors. Stairs in Group A Occupancies need not be enclosed be provided with separate
circuits or separated sources of power (but not necessarily separate from exit signs when these are
required for exit sign illumination)

(k) Aisles
Every portion or every building in which are installed seats, tables, merchandise, equipment, or
similar materials shall be provided with aisles leading to an exit.
(1) Width. Every aisle shall be not less than 800 millimeters wide if serving only one side,
and not less than 1 meter wide if serving both sides. Such minimum width shall be measured at
the point farthest from an exit, cross aisle, or foyer and shall be increased by 30 millimeters for
every meter in length towards the exit, cross aisle or foyer.
Side aisles shall not be less than 1.10 meters in width.
(2) Exit Distance. In areas occupied by seats and in Groups H and I Occupancies without
seats, the line of travel to an exit door by an aisle shall be not more than 45.00 meters. With
standard spacing, as specified in this Code, aisles shall be so located that there will be not more
than seven seats between the wall and an aisle and not more than fourteen seats between aisles.
The number of seats between aisles may be increased to 30 where exits doors are provided along
each side aisle of the row of seats at the rate of one pair of exit doors for every five rows of seats,
provided further that the distance between seats back to back is at least one meter. Such exit doors
shall provide a minimum clear width of 1.70 meters.
(3) Cross aisles. Aisles shall terminate in a cross aisle, foyer, or exit. The width of the cross
aisle shall be not less than the sum of the required width of the widest aisle plus fifty percent of the
total required width of the remaining aisle leading thereto. In Groups C, H and E Occupancies,
aisles shall not be provided a dead end greater than 6.00 meters in length.
(4) Vomitories. Vomitories connecting the foyer or main exit with the cross aisles shall have
a total width not less than the sum of the required width of the widest aisles leading thereto plus
fifty percent of the total required width of the remaining aisles leading thereto.
(5) Slope. The slope portion of aisles shall not exceed a fall of 1 in 8.

(l) Seats
(1) Seat Spacing. With standard seating, the spacing of rows of seats from back-to- back
shall be not less than 840 millimeters. With continental seating, the spacing of rows of unoccupied
seats shall provide a clear width measured horizontally, as follows: 450 millimeters clear for rows
of 18 seats or less; 500 millimeters clear for rows of 35 seats or less; 525 millimeters clear for rows
of 45 seats or less; and 550 millimeters clear for rows of 46 seats or more.
(2) Width. The width of any seat shall be not less than 450 millimeters.

(m) Reviewing Stands, Grandstands, and Bleachers


(1) Height of Stands. Stands made of combustible framing shall be limited to 11 rows or
2.70 meters in height.
(2) Design Requirements. The minimum unit live load for reviewing stands, grandstands,
and bleachers shall be 500 kilograms per square meter of horizontal projection for the structure as
a whole. Seat and footboards shall be 180 kilograms per linear meter. The sway force, applied to
seats, shall be 35 kilograms per linear meter parallel to the seats and 15 kilograms per linear meter
perpendicular to the seats. Sway forces need not be applied simultaneously with other lateral
forces.
(3) Spacing of Seats
(3.1) Row Spacing. The minimum spacing of rows of seats measured from back-to- back
shall be: 600 millimeters for seats without backrests in open air stands; 750 millimeters for seats
with backrests; and 850 millimeters for chair seating. There shall be a space of not less than 300
millimeters between the back of each seat and the front of the seat immediately behind it.
(3.2) Rise Between Rows. The maximum rise from one row of seats to the next shall not
exceed 400 millimeters.
(3.3) Seating Capacity. For determining the seating capacity of a stand, the width of any
seat shall not be less than 450 millimeters nor more than 480 millimeters.
(3.4) Number of Seats Between Aisles. The number of seats between any seat and an
aisle shall not be greater than 15 for open air stands with seats without backrests, a far
open air stands with seats having backrests and seats without backrests within buildings and 6
for seats with backrests in buildings.
(4) Aisles
(4.1) Aisles Required. Aisles shall be provided in all stands; Except, that aisles may be
omitted when all the following conditions exist: Seats are without backrests; the rise from row to
row does not exceed 300 millimeters per row; the number of rows does not exceed 11 in height;
the top seating board is not over 3.00 meters above grade; and the first seating board is not more
than 500 millimeters above grade.
(4.2) Obstructions. No obstruction shall be placed in the required width of any aisle or
exitway.
(4.3) Stairs Required. When an aisle is elevated more than 200 millimeters above grade,
the aisle shall be provided with a stairway or ramp whose width is not less than the width of the
aisle.
(4.4) Dead End. No vertical aisle shall have a dead end more than 16 rows in depth
regardless of the number of exits required.
(4.5) Width. Aisles shall have a minimum width of 1.10 meters.
(5) Stairs and Ramps
The requirements in this Code shall apply to all stairs and ramps except for portions that
pass through the seating area.
(5.1) Stair Rise and Run. The maximum rise of treads shall not exceed 200 millimeters
and the minimum width of the run shall be 280 millimeters. The maximum variation in the width of
treads in any one flight shall not be more than 5 millimeters and the maximum variation in one
height of two adjacent rises shall not exceed 5 millimeters.
(5.2) Ramp Slope. The slope of a ramp shall not exceed 1 in 8. Ramps shall be roughened
or shall be of approved nonslip material.
(5.3) Handrails. A ramp with a slope exceeding 1 in 10 shall have handrails. Stairs for
stands shall have handrails. Handrails shall conform to the requirements of this Code.
(6) Guardrails
(6.1) Guardrails shall be required in all locations where the top of a seat plank is more
than 1.20 meters above the grade and at the front of stands elevated more than 600 millimeters
above grade. Where only sections of stands are used, guardrails shall be provided as required in
this Code.
(6.2) Railings shall be 1.10 meters above the rear of a seat plank or 1.10 meters above
the rear of the steps in an aisle when the guardrail is parallel and adjacent to the aisle: Except, that
the height may be reduced to 900 millimeters for guardrails located in front of the grandstand.
(6.3) A midrail shall be placed adjacent to any seat to limit the open distance above the
top of any part of a seat to 250 millimeters where the seat is at the extreme end or at the extreme
rear of the bleachers or grandstand. The intervening space shall have one additional rail midway
in the opening: Except, that railings may be omitted when stands are placed directly against a wall
or fence giving equivalent protection; stairs and ramps shall be provided with guardrails. Handrails
at the front of stands and adjacent to an aisle shall be designed to resist a load of 75 kilograms per
linear meter applied at the top rail. Other handrails shall be designed to resist a load of 40 kilograms
per linear meter.
(7) Foot Boards
Footboards shall be provided for all rows of seats above the third row or beginning at such
point where the seating plank is more than 600 millimeters above grade.
(8) Exits
(8.1) Distance to Exit. The line of travel to an exit shall not be more than 45.00 meters.
For stands with seats without backseats this distance may be measured by direct line from a seat
to the exit from the stand.
(8.2) Aisle Used as Exit. An aisle may be considered as only one exit unless it is
continuous at both ends to a legal building exit or to a safe dispersal area.
(8.3) Two Exits Required. A stand with the first seating board not more than 500
millimeters above grade of floor may be considered to have two exits when the bottom of
the stand is open at both ends. Every stand or section of a stand within a building shall have at
least two means of egress when the stand accommodates more than 50 persons. Every open air
stand having seats without backrests shall have at least two means of egress when the stand
accommodates more than 300 persons.
(8.4) Three Exits Required. Three exits shall be required for stands within a building when
there are more than 300 occupants within a stand and for open air stands with seats without
backrests where a stand or section of a stand accommodates more than 1000 occupants.
(8.5) Four Exits Required. Four exits shall be required when a stand or section of a stand
accommodates more than 1000 occupants: Except, that for an open air stand with seats without
backrest four exits need not be provided unless there are accommodations for more than 3000
occupants.
(8.6) Width. The total width of exits in meters shall not be less than the total occupant
load served divided by 165: Except, that for open air stands with seats without backrest the total
width of exits in meters shall be not less than the total occupant load served divided by 500 when
exiting by stairs, and divided by 650 when exiting by ramps or horizontally. When both horizontal
and stair exits are used, the total width of exits shall be determined by using both figures as
applicable. No exit shall be less than 1.10 meters in width. Exits shall be located at a reasonable
distance apart. When only two exits are provided, they shall be spaced not less than one-fifth of
the perimeter apart.
(9) Securing of Chairs
Chairs and benches used on raised stands shall be secured to the platforms upon which
they are placed: Except, that when less than 25 chairs are used upon a single raised platform the
fastening of seats to the platform may be omitted. When more than 500 loose chairs are used in
connection with athletic events, chairs shall be fastened together in groups of not less than three,
and shall be tied or staked to the ground.
(10) Safe Dispersal Area
Each safe dispersal area shall have at least two exits. If more than 6000 persons are to
be accommodated within such an area, there shall be a minimum of three exits, and for more than
9000 persons there shall be a minimum of four exits. The aggregate clear width of exits from a
safe dispersal area shall be determined on the basis of not less than one exit unit of 600 millimeters
for each 500 persons to be accommodated and no exit shall be less than
1.10 meters in width, a reasonable distance apart but shall be spaced not less than one-fifth of the
perimeter of the area apart from each other.

(n) Special Hazards


(1) Boiler Rooms. Except in Group A Occupancies, every boiler room and every room
containing an incinerator or liquefied petroleum gas or liquid fuel-fired equipment shall be provided
with at least two means of egress, one of which may be a ladder. All interior openings shall be
protected as provided for in this Code.
Cellulose Nitrate Handling. Film laboratories, projection rooms, and nitro-cellulose processing rooms shall
have not less than two exit
Republic Act No. 9266 March 17, 2004

AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE


REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF
ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS
AMENDED, OTHERWISE KNOWN AS "AN ACT TO REGULATE THE PRACTICE OF
ARCHITECTURE IN THE PHILIPPINES," AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

ARTICLE I
GENERAL PROVISION

SECTION 1. Short Title. - This Act shall be known as "The Architecture Act of 2004."

SECTION 2. Statement of Policy. - The State recognizes the importance of architects in nation
building and development. Hence, it shall develop and nurture competent, virtuous, productive and
well-rounded professional architects whose standards of practice and service shall be excellent,
qualitative, world-class and globally competitive through inviolable, honest, effective and credible
licensure examinations and through regulatory measures, programs and activities that foster their
professional growth and development.

SECTION 3. Definition of Terms. - As used in this Act, the following terms shall be defined as
follows:

(1) "Architecture" is the art, science or profession of planning, designing and constructing
buildings in their totality taking into account their environment, in accordance with the
principles of utility, strength and beauty;

(2) "Architect" means a person professionally and academically qualified, registered and
licensed under this Act with a Certificate of Registration and Professional Identification
Card issued by the Professional Regulatory Board of Architecture and the Professional
Regulation Commission, and who is responsible for advocating the fair and sustainable
development, welfare and cultural expression of society's habitat in terms of space, forms
and historical context;

(a) "Architect-of-record" means the architect registered and licensed under this Act,
who is directly and professionally responsible for the total design of the project for
the client and who shall assume the civil liability for the plans, specifications and
contract documents he/she has signed and sealed;

(b) "Architecture-in-charge of construction" means an architect registered and


licensed under this Act, who is directly and professionally responsible and liable for
the construction supervision of the project;
(c) "Consulting Architect" means the architect registered and licensed or permitted
to practice under this Act, who is professionally and academically qualified and with
exceptional or recognized expertise or specialization in any branch of architecture;

(3) "General Practice of Architecture" means the act of planning and architectural
designing, structural conceptualization, specifying, supervising and giving general
administration and responsible direction to the erection, enlargement or alterations of
buildings and building environments and architectural design in engineering structures or
any part thereof; the scientific, aesthetic and orderly coordination of all the processes which
enter into the production of a complete building or structure performed through the medium
of unbiased preliminary studies of plans, consultations, specifications, conferences,
evaluations, investigations, contract documents and oral advice and directions regardless of
whether the persons engaged in such practice are residents of the Philippines or have their
principal office or place of business in this country or another territory, and regardless of
whether such persons are performing one or all these duties, or whether such duties are
performed in person or as the directing head of an office or organization performing them;

(4) "Scope of the Practice of Architecture" encompasses the provision of professional


services in connection with site, physical and planning and the design, construction,
enlargement, conservation, renovation, remodeling, restoration or alteration of a building or
group of buildings. Services may include, but are not limited to:

(a) planning, architectural designing and structural conceptualization;

(b) consultation, consultancy, giving oral or written advice and directions,


conferences, evaluations, investigations, quality surveys, appraisals and
adjustments, architectural and operational planning, site analysis and other pre-
design services;

(c) schematic design, design development, contract documents and construction


phases including professional consultancies;

(d) preparation of preliminary, technical, economic and financial feasibility studies


of plans, models and project promotional services;

(e) preparation of architectural plans, specifications, bill of materials, cost estimates,


general conditions and bidding documents;

(f) construction and project management, giving general management,


administration, supervision, coordination and responsible direction or the planning,
architectural designing, construction, reconstruction, erection, enlargement or
demolition, renovation, repair, orderly removal, remodeling, alteration, preservation
or restoration of buildings or structures or complex buildings, including all their
components, sites and environs, intended for private or public use;

(g) the planning, architectural lay-outing and utilization of spaces within and
surrounding such buildings or structures, housing design and community
architecture, architectural interiors and space planning, architectural detailing,
architectural lighting, acoustics, architectural lay-outing of mechanical, electrical,
electronic, sanitary, plumbing, communications and other utility systems, equipment
and fixtures;

(h) building programming, building administration, construction arbitration and


architectural conservation and restoration;

(i) all works which relate to the scientific, aesthetic and orderly coordination of all
works and branches of the work, systems and process necessary for the production
of a complete building or structure, whether for public or private use, in order to
enhance and safeguard life, health and property and the promotion and enrichment
of the quality of life, the architectural design of engineering structures or any part
thereof; and

(j) all other works, projects and activities which require the professional competence
of an architect, including teaching of architectural subjects and architectural
computer-aided design;

(5) "Structural Conceptualization" means the act of conceiving, choosing and developing
the type, disposition, arrangement and proportioning of the structural elements of an
architectural work giving due consideration to safety, cost-effectiveness, functionality and
aesthetics;

(6) "Architectural Firm" means a sole proprietorship, a partnership or a corporation


registered with the proper government agencies;

(7) "Authorship" refers to the author or authors of a set of architectural plans or


specifications who are in charge of their preparation, whether made by them personally or
under their immediate supervision;

(8) "Board" refers to the Professional Regulatory Board of Architecture;

(9) "Commission" means the Professional Regulation Commission;

(10) "Service Agreement" means a duly notarized written contract or equivalent public
instrument stipulating the scope of services and guaranteeing compensation of such services
to be rendered by an architect registered and licensed under this Act;

(11) "Integrated and Accredited Professional Organization" means the existing official
national organization of all architects of the Philippines in which all registered Filipino
architects shall be members without prejudice to membership in other voluntary
professional associations;

(12) "Continuing Professional Development" refers to a sustaining and progressive learning


process that maintains, enhances, or increases the knowledge and continuing ability of
architects;
(13) "DTI" shall mean the Department of Trade and Industry; and

(14) "SEC" shall mean the Securities of Exchange Commission.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF ARCHITECURE

SECTION 4. Creation and Composition of the Professional Regulatory Board. - There is hereby
created a Professional Regulatory Board of Architecture, hereinafter referred to as the Board, a
collegial body under the supervision and administrative control of the Professional Regulation
Commission, hereinafter referred to as the Commission, to be composed of a chairman and two (2)
members appointed by the President of the Philippines from a lists of three (3) recommendees
chosen from a list of five (5) nominees for each position submitted to the Commission by the
integrated and the accredited professional organization of architects. The Board shall be organized
not later than six (6) months from the effectivity of this Act.

SECTION 5. Qualifications of Members of the Professional Regulatory Board. - Each member


shall have at the time of his/her appointment, possess the following qualifications:

(a) be a citizen and resident of the Philippines;

(b) be a holder of a degree in Bachelor of Science in Architecture conferred by a school,


college or university in the Philippines or abroad that is recognized and/or accredited by the
Commission on Higher Education (CHED);

(c) be an architect with a valid Certificate of Registration and Professional Identification


Card and active practitioner of architecture for at least ten (10) years on the date of his/her
appointment;

(d) not be a member of the faculty of any good school, college, university or review
institution where a regular course or review course in architecture is taught, nor have
pecuniary interest in such institution. No former member of the faculty of any school,
institute, university or review center where architecture is taught can become a member of
the Board unless he/she had officially resigned from such an institution and has completely
stopped teaching, advising or reviewing activities for at least five (5) years prior to the
nomination; and

(e) Has never been convicted of any crime involving moral turpitude.

SECTION 6. Term of Office. - The members of the Board shall hold office for a term of three (3)
years after appointment or until their successors shall have been appointed and duly qualified. Any
vacancy occurring within the term of a member shall be filled for the unexpired portion of the term
only. Each member of the Board may be reappointed for one full term of three (3) years. Of the
members of the Board first appointed under this Act, one (1) member shall be appointed and hold
office as chairman for three (3) years, one (1) member for two (2) years, and one (1) member for
one (1) year. Each member of the Board shall qualify by taking the proper oath prior to the
performance shall qualify by taking the proper oath prior to the performance of their duties.
Provided, That the incumbent members of the Board shall continue to serve for the remainder of
their term as members of the herein created Professional Regulatory Board of Architecture until a
new Board shall have been properly organized.

SECTION 7. Powers and Functions of the Board. - The Board shall exercise the following
specific powers, functions and responsibilities:

(a) Prescribe and adopt the rules and regulations necessary for carrying out the provisions
of this Act;

(b) Supervise the registration, licensure and practice of architects;

(c) Administer oaths in connection with the administration of this Act;

(d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the professional
Identification Card for the practice of the architecture profession;

(e) Adopt an official seal of the Board;

(f) Monitor the conditions affecting the practice of architecture and adopt such measures as
may be deemed proper for the enhancement and maintenance of high professional, ethical
and technical standards of the profession;

(g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional
Practice;

(h) Hear and decide administrative cases involving violations of this Act, its implementing
rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice,
and for this purpose, to issue subpoena ad testifcandum and subpoena duces tecum to secure
the appearance of witnesses and the production of documents in connection therewith:
Provided, That the decision of the Board shall, unless appealed to the Commission, become
final and executory after fifteen (15) days from receipt of notice of judgment or decision.
The decision of the Commission may be appealed to the Court of Appeals in accordance
with the procedure under the Rules of Court;

(i) Prescribe guidelines for the Continuing Professional Development (CPD) program in
consultation with the integrated and accredited professional organization of architects:
Provided, That the attendance to said CPD shall not be a mandatory requirement for the
renewal of a professional license;

(j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations by
determining and preparing questions which shall be within the scope of the syllabi of the
subject for examination as well as administer, correct and release the results of the licensure
examinations;

(k) Approve, issue, limit or cancel temporary or special permit to practice architecture;
(l) In coordination with the CHED, ensure that all higher educational instruction and
offerings of architecture comply with the policies, standards and requirements of the course
prescribed by the CHED in the areas of curriculum, faculty, library and facilities;

(m) To adopt a program for the full computerization of the licensure examination; and

(n) Discharge such other duties and functions as may be deemed necessary for the
enhancement of the architecture profession and the upgrading, development and growth of
the architecture education.

The policies, resolutions, rules and regulations, issued or promulgated by the Board shall be subject
to review and approval of the Commission. However, the Board's decisions, resolutions or orders
rendered in administrative cases shall be subject to review only if on appeal.

SECTION 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. - The Board shall be under the administrative supervision of the Commission.
All records of the Board, including applications for examination, and administrative and other
investigative cases conducted by the Board shall be under the custody of the Commission. The
Commission shall designate the Secretary of the Board and shall provide the secretariat and other
support services to implement the provisions of this Act.

SECTION 9. Grounds for Suspension or Removal of Members of the Board. - The President of
the Philippines, upon the recommendation of the Commission, after giving the concerned member
an opportunity to defend himself in a proper administrative investigation to be conducted by the
Commission, may suspend or remove any member on the following grounds:

(a) Neglect of duty or incompetence;

(b) Violation of tolerance of the violation of this Act, or its implementing rules and
regulations or the Code of Ethical Conduct and Standards of Professional Practice;

(c) Final judgment of crimes involving moral turpitude; and

(d) Manipulation or rigging of the architecture licensure examination results, disclosure of


secret and confidential information in the examination questions prior to the conduct of the
said examination or tampering of grades.

SECTION 10. Compensation and Allowances of the Board. - The chairman and members of the
Board shall receive compensation and allowances comparable to that being received by the
chairman and members of existing regulatory Boards under the Commission as provided for in the
General Appropriations Act.

SECTION 11. Annual Report. - The Board shall submit an annual report to the Commission after
the close of each year giving a detailed account of its proceedings during the year and making such
recommendations as it may deem proper.
ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE

SECTION 12. Examination Required. - All applicants for registration for the practice of
architecture shall be required to undergo a licensure examination to be given by the Board in such
places and dates as the Commission may designate in accordance with the provisions of Republic
Act No. 8981.

SECTION 13. Qualifications of Applicant for Examination. - Any person applying for
examination shall establish to the satisfaction of the Board that:

(a) He/she is a Filipino citizen or a citizen of a foreign country qualified to take the
examination as provided for in this Act;

(b) He/she is of good moral character;

(c) He/she is a holder of a degree of Bachelor of Science in Architecture conferred by a


school, college, academy or institute duly recognized and/or accredited by the Commission
on Higher Education (CHED) and in addition has a specific record of at least two (2) years
or equivalent of diversified architectural experience duly certified by a registered/licensed
architect: Provided, however, That an applicant holding a Master's Degree in Architecture
from a school, college, university or institute recognized by the government shall be
credited one (1) year in his/her practical experience; and

(d) He/she has not been convicted of any criminal offensive involving moral turpitude.

SECTION 14. Subjects for Examination. - The licensure examination for architects shall cover,
but are not limited to, the following subjects:

(1) History and Theory of Architecture; Principles of Planning and Architectural Practice;

(2) Structural Design, Building Materials, and Architectural Specifications, and Methods of
Construction and Utilities;

(3) Urban Design and Architectural Interiors; and

(4) Architectural Design and Site Planning.

The Board, subject to the approval of the Commission, may revise or exclude any of the subjects
and their syllabi, and add new ones as the need arises to conform to technological changes brought
about by continuing trends in the profession.

SECTION 15. Rating in the Licensure Examination. - To be qualified as having passed the
licensure examination for architects, a candidate must obtain a weighted general average of seventy
percent (70%), with no grade lower than fifty percent (50%) in any given subject.
SECTION 16. Report of Ratings. - The Board shall submit to the Commission the ratings obtained
by each candidate within thirty (30) calendar days after the examination, unless extended for just
cause. Upon the release of the results of the examination, the Board shall send by mail the rating
received by each examinee at his/her given address using the mailing envelope submitted during
the examination.

SECTION 17. Oath. - All successful candidates in the examination shall be required to take an
oath of profession before any member of the Board, any government official authorized by the
Commission or any person authorized by law to administer oaths, prior to entering upon the
practice of the profession.

SECTION 18. Issuance of Certificates of Registration and Professional Identification Card. - A


Certificate of Registration and Professional Identification Card shall be issued to examinees who
pass the licensure examination subject to payment of fees prescribed by the Commission. The
Certificate of Registration shall bear the signature of the chairperson of the Commission and the
chairman and members of the Board, stamped with the official seal, indicating that the person
named therein is entitled to the practice of the profession with all the privileges appurtenant
thereto. The said certificate shall remain in full force and affect until withdrawn, suspended or
revoked in accordance with this Act.

A Professional Identification Card bearing the registration number, date of issuance, expiry date,
duly signed by the chairperson of the Commission, shall likewise be issued to every registrant who
has paid the prescribed fee.

SECTION 19. Roster of Architects. - A roster showing the names and place of business of all
registered professional architects shall be prepared and updated by the Board and copies thereof
shall be made available to any party as may be deemed necessary.

SECTION 20. Seal, Issuance and Use of Seal. - A duly licensed architect shall affix the seal
prescribed by the Board bearing the registrant's name, registration number and title "Architect" on
all architectural plans, drawings, specifications and all other contract documents prepared by or
under his/her direct supervision.

(1) Each registrant hereunder shall, upon registration, obtain a seal of such design as the
Board shall authorize and direct. Architectural plans and specifications prepared by, or
under the direct supervision of a registered architect shall be stampede with said seal during
the life of the registrant's certificate, and it shall be unlawful for any one to stamp or seal
any documents with said seal after the certificate of the registrant named thereon has
expired or has been revoked, unless said certificate shall have been renewed or re-issued.

(2) No officer or employee of this Republic. Chartered cities, provinces and municipalities,
now or hereafter charged with the enforcement of law, ordinances or regulations relating to
the construction or alteration of buildings, shall accept or approve any architectural plans or
specifications which have not been prepared and submitted in full accord with all the
provisions of this Act; nor shall any payments be approved by any such officer for any
work, the plans and specifications for which have not been so prepared and signed and
sealed by the author.
(3) It shall be unlawful for any architect to sign his/her name, affix his/her seal or use any
other method of signature on architectural plans, specifications or other documents made
under another architect's supervision, unless the same is made in such manner as to clearly
indicate the part or parts of such work actually performed by the former, and it shall be
unlawful for any person, except the architect-of-record, to sign for any branch of work for
any function of architectural practice, not actually performed by him/her. The architect-of-
record shall be fully responsible for all architectural plans, specifications and other
documents issued under his/her seal or authorized signature.

(4) Drawings and specifications duly signed, stamped or sealed, as instruments of service,
are the intellectual properties and documents of the architect, whether the object for which
they are made is executed or not, It shall be unlawful for any person, without the consent of
the architect or author of said documents, to duplicate or to make copies of said documents
for use in the repetition of and for other projects or buildings, whether executed partly or in
whole.

(5) All architectural plans, designs, specifications, drawings and architectural documents
relative to the construction of a building shall bear the seal and signature only of an
architect registered and licensed under this Act together with his/her professional
identification card number and the date of its expiration.

SECTION 21. Indication of Certificate of Registration/Professional Identification Card and


Professional Tax Receipt. - The architect shall be required to indicate his/her Certificate of
Registration and Professional Identification Card, its date of issuance and the duration of validity,
including the professional tax receipt number, on the documents he/she signs, uses or issues in
connection with the practice of his/her profession.

SECTION 22. Refusal to Issue Certificate of Registration and Professional Identification


Card. - The Board shall not register and issue a Certificate of Registration and Professional
Identification Card to any person who has falsely sworn or misrepresented himself/herself in
his/her application for examination or to any person convicted by a court of competent jurisdiction
of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct or to
any person of unsound mind. In the even of refusal to issue certificate for any reason, the Board
shall give the applicant a written statement setting forth the reasons for such action, which
statement shall be incorporated in the record of the Board: Provided, however, That registration
shall not be refused and a name shall not be removed from the roster of architects on conviction for
a political offense or for an offense which should not, in the opinion of the Board, either from the
nature of the offense or from the circumstances of the case, disqualify a person from practicing
under this Act.

SECTION 23. Suspension and Revocation of Certificates of Registration, Professional


Identification Card or the Special/Temporary Permit. - The Board shall have the power, upon
notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional
Identification Card, or shall cancel a special permit granted under this Act to an architect, on any
ground mentioned under Section 22 hereof for the use of or perpetuation of any fraud or deceit in
obtaining a Certificate of Registration and Professional Identification Card or special/temporary or
dishonorable conduct; or for any cause specified hereunder: Provided, however, That such action of
the Board shall be subject to appeal to the Commission whose decision shall be final if he/she:

(a) has signed and affixed or permitted to be signed or affixed his name or seal on
architectural plans and designs, specification, drawings, technical reports, valuation,
estimates, or other similar documents or work not prepared by him/her or not executed
under his/her immediate supervision; or

(b) has paid money except the regular fees provided for to secure a Certificate of
Registration; or

(c) has falsely impersonated a practitioner, or former practitioner of alike or different name
or has practiced under an assumed, fictitious or corporate name other than that of the
registered; or

(d) has aided or abetted in the practice of architecture any person not duly authorized to
practice architecture in the Philippines; or

(e) has openly solicited projects by actually undertaking architectural services without a
valid service agreement guaranteeing compensation of services to be rendered and/or has
actually allowed himself/herself to be exploited by undertaking architectural services
without a valid sevice agreement, both acts being prejudicial to other architects registered
and licensed under this Act and inimical to the interests of the profession; or

(f) has violated any provision of this Act, its implementing rules and regulations, the Code
of Ethical Conduct and Standards of Professional Practice.

The Board shall periodically examine the grounds for the revocation of the Certificate of
Registration and Professional Identification Card and update these as necessary under the
implementing rules and regulations.

Any person, firm or association, may prepare charges in accordance with the provisions of this
section against any registrant, or the Board may motu proprio investigate and/or take cognizance of
act and practices constituting sufficient cause for suspension or revocation of the Certificate of
Registration by proper resolution or order. Such charges shall be in writing and shall be sworn to
by the person making them and shall be filed with the Secretary of the Board.

SECTION 24. Re-issuance or Replacement of Revoked or Lost Certificates of Registration


Professional Identification Card or Special and Temporary Permit. - The Board may, after the
expiration of two (2) years from the date of revocation of a Certificate of Registration, Professional
Identification Card or special/temporary permit, and upon application and for reasons deemed
proper and sufficient, reinstate the validity of a revoked Certificate of Registration and in so doing
may, in its discretion, exempt the applicant from taking another examination.

A new Certificate of Registration or Professional Identification Card, temporary/special permit


replace those which have been lost, destroyed, or mutilated, may be re-issued, subject to the rules
promulgated by the Board and the Commission, upon payment of the required fees.
ARTICLE IV
PRACTICE OF ARCHITECTURE

SECTION 25. Registration of Architects Required. - No person shall practice architecture in this
country, or engage in preparing architectural plans, specification or preliminary data for the
erection or alteration of any building located within the boundaries of this country or use the title
"Architect," or display or use any title, sign, card, advertisement, or other device to indicate such
person practices or offers to practice architecture, or is an architect, unless such person shall have
received from the Board a Certificate of Registration and be issued a Professional Identification
Card in the manner hereinafter provided and shall thereafter comply with the provisions of this Act.

A foreign architect or any person not authorized to practice architecture in the Philippines, who
shall stay in the country and perform any of the activities mentioned in Sections 3 and 4 of this Act,
or any other activity analogous thereto, in connection with the construction of any
building/structure/edifice or land development project, shall be deemed engaged in the
unauthorized practice of architecture.

SECTION 26. Vested Rights: Architects Registered When this Law is Passed. - All architects
registered at the time this law takes effect shall automatically be registered under the provisions
hereof, subject, however, to the provisions herein set forth as to future requirements.

Certificate of Registration held by such persons in good standing shall have the same force and
effect as though issued after the passage of this Act.

SECTION 27. Reciprocity Requirements. - A person who is not a citizen of the Philippines at the
time he/she applies to take the examination shall not be allowed to take the licensure examination
unless he/she can prove, in the manner provided by the Rules of Court that, by specific provision of
law, the country of which he/she is a citizen, subject or national either admits citizens of the
Philippines to the practice of the same profession without restriction or allows them to practice it
after passing an examination on terms of strict and absolute equality with citizens, subjects or
national of the country concerned, including the unconditional recognition of prerequisite
degrees/diplomas issued by the institutions of learning duly recognized for the purpose by the
Government of the Philippines.

SECTION 28. Continuing Professional Development (CPD). - To promote public interest and to
safeguard life, health and property, all practicing architects shall maintain a program of continuing
professional organization shall have the responsibility of developing a continuing professional
development program for architects. Other entities or organizations may become CPD providers
upon accreditation by the Board.

SECTION 29. Prohibition in the Practice of Architecture and Penal Clause. - Any person who
shall practice or offer to practice architecture in the Philippines without being registered/licensed
and who are not holders of temporary or special permits in accordance with the provisions of this
Act, or any person presenting or attempting to use as his/her own the Certificate of
Registration/Professional Identification Card or seal of another or temporary or special permit, or
any person who shall give any false or forged evidence o any kind to the Board or to any member
thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or
special permit, or any person who shall falsely impersonate any registrant of like or different name,
or any person who shall attempt to use a revoked or suspended Certificate of
Registration/Professional Identification Card or cancelled special/temporary permit, or any person
who shall use in connection with his/her name or otherwise assume, use or advertise any title or
description tending to convey the impression that he/she is an architect when he/she is not an
architect, or any person whether Filipino or foreigner, who knowingly allows the use, adoption,
implementation of plans, designs or specification made by any person, firm, partnership or
company not duly licensed to engage in the practice of architecture, or any person who shall violate
any of the provisions of this Act, its implementing rules and regulations, the Code of Ethical
Conduct and Standards of Professional Practice, or any policy of the Board and the Commission,
shall be guilty of misdemeanor and charged in court by the Commission and shall, upon conviction
be sentenced to a fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five Million pesos (P5,000,000,00) or to suffer imprisonment for a period not less than six (6)
months or not exceeding six (6) years, or both, at the discretion of the Court.

SECTION 30. Prohibition in the Practice of Architecture. - Any person or entity, whether public
or private, Filipino or foreigner, who/which shall entice, compel, coerce, require or otherwise force
an architect registered and licensed under this Act to undertake/perform any service under the
general practice of architecture as defined under this Act, without first executing a written
contract/service agreement, shall be guilty of a misdemeanor and shall, upon conviction be
sentenced to a fine of not less than Two hundred thousand pesos (P200,000.00) or to suffer
imprisonment for a period not exceeding six (6) years, or both, at the discretion of the Court.

SECTION 31. Liability of Representatives of Non-Registered Persons. - It shall be unlawful for


any person or firm or corporation to seek to avoid the provisions of this Act by having a
representative or employee seek architectural work in their behalf, unless and until, such persons
have duly qualified and are duly registered/licensed, otherwise, both those represented and
representative, the employer and the employee shall be deemed guilty of violation of this Act.
Solicitation of architectural work shall be construed as offering to practice architecture and shall be
unlawful for any non-registered and unlicensed persons to do so.

SECTION 32. Signing of Architectural Plans, Specifications and Other Contract Documents. -
It shall be unlawful for any architect to sign his/her name, affix his/her seal, or use any other
method of signature or architectural plans, specifications or other contract documents made under
another architect's supervision, unless the same is made in such manner as to clearly indicate the
part or parts of such work actually performed by the former; and shall be unlawful for any person,
except the Architect-of record shall be fully responsible for all architectural plans, specifications,
and other documents issued under his/her seal or authorized signature.

The Board shall make all the necessary rules and regulations with regards to the signing and
sealing of drawings, specifications, reports, and other documents.

SECTION 33. Ownership of Plans, Specifications and other Contract Documents. - Drawings
and specifications and other contract documents duly signed, stamped or sealed, as instruments of
service, are the intellectual property and documents of thr architect, whether the object for which
they are made is executed or not. It shall be unlawful for any person to duplicate or to make copies
of said documents for use in the repetition of and for other projects or buildings, whether executed
partly or in whole, without the written consent of architect or author of said documents.

All architects shall incorporate this provision in all contract documents and other instruments of
service.

SECTION 34. Non-Registered Person Shall Not Claim Equivalent Service. - Persons not
registered as an architect shall not claim nor represent either services or work as equivalent to those
of a duly qualified registered architect, or that they are qualified for any branch or functions of
function of architectural practice, even though no form of the title "Architect" is used.

SECTION 35. Positions in Government Requiring the Services of Registered and Licensed
Architects. - Within (3) years from the effectivity of this Act, all existing and proposed positions in
the local and national government, whether career, permanent, temporary or contractual and
primarily requiring the services of an architect shall be filled only by registered and licensed
architects.

SECTION 36. Collection of Professional Fees. - It shall be unlawful for any unregistered person
to collect a fee for architectural services except as an employee collecting a fee as representative of
a Registered Architect.

SECTION 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or


Association. - The practice of architecture is a professional service, admission to which shall be
determined upon the basis of individual personal qualifications. However, a firm, company,
partnership, corporation or association may be registered or licensed as such for the practice of
architecture under the following conditions:

(a) Only Filipino citizens properly registered and licensed as architects under this Act may,
among themselves, or together with allied technical professionals, form and obtain
registration as a firm, company, partnership, association or corporation for the practice of
architecture;

(b) Registered and licensed architects shall compose at least seventy-five percent (75%) of
the owners, shareholders, members incorporators, directors, executive officers, as the case
may be;

(c) Individual members of such firm, partnership association or corporation shall be


responsible for their individual and collective acts as an entity and as provided by law;

(d) Such firm, partnership, association or corporation shall be registered with the Securities
and Exchange Commission and Board.

SECTION 38. Coverage of Temporary/Special Permits. - Foreign nationals who have gained
entry in the Philippines to perform professional services as architects or consultants in foreign-
funded or assisted projects of the government or employed or engaged by Filipino or foreign
contractors or private firms, shall, before assuming the duties, functions and responsibilities as
architects or consultants, secure a special/temporary permit from the Board subject to approval of
the Commission. To practice his/her profession in connection with the project to which he/she was
commissioned: Provided, That a foreign national or foreign firm, whose name or company name,
with title architect, architectural consultant, design consultant, consultant or designer appear on
architectural plans, specifications and other related construction documents, for securing buildings
permits, licenses and government authority clearances for actual building project construction in
the Philippines and advertisement and billboards for marketing purposes, shall be deemed
practicing architecture in the Philippines, whether the contract for professional services is
consummated in the Philippines or in a foreign country: Provided, further, That the following
conditions are satisfied as follows:

(a) That he/she is a citizen or subject of a country which specifically permits Filipino
professionals to practice his/her profession within their territorial limits, on the same basis
as the subjects or citizens of such foreign state or country;

(b) That he/she is legally qualified to practice architecture in his/her own country, and that
his/her expertise is necessary and advantageous to our country particularly in the aspects of
technology transfer and specialization;

(c) That foreign nationals shall be required to work with a Filipino counterpart and shall
also be responsible for public utilities and taxes due to the Philippine government, relative
to their participation in, or professional services rendered to the project, in accordance with
the established implementing rules and regulations providing for the procedure for the
registration and/or issuance of temporary/special permits to foreign architects allowed by
law to practice their profession in the Philippines by the Board of Architecture and the
accredited professional organization; and

(d) Agencies, organizations or individuals, whether public or private, who secure the
services of foreign professional authorized by law to practice in the Philippines for reasons
aforementioned, shall be responsible for securing a special permit from the Professional
Regulation Commission (PRC) and the Department of Labor and Employment (DOLE)
pursuant to PRC and DOLE rules.

SECTION 39. Liability Insurance of a Person or Entity Allowed to Practice under a


Temporary/Special Permit. - Foreign nationals, including former Filipinos wanting to engage in
the general practice of architecture as defined in Section 3 (c) of this Act must secure locally their
professional liability insurance or malpractice insurance or their acceptable equivalent in bond
form commensurate with the nature and magnitude of their project involvement and their
compensation the implementing rules and regulations for such a requirement for practice shall be
implemented by the Board in consultation with the integrated and accredited professional
organization of architects within six (6) months from the effectivity of this Act.

ARTICLE V
Final Provisions

SECTION 40. Integration of the Architecture Profession. - The Architecture profession shall be
integrated into one (1) national organization which shall be accredited by the Board, subject to the
approval by the Commission, as the integrated and accredited professional organization of
architects: Provided, however, That such an organization shall be registered with the Securities and
Exchange Commission, as a non-profit, non-stock corporation to governed by by-laws providing
for a democratic election of its officials. An architect duly registered with the Board shall
automatically become member of the integrated and accredited professional organization of
architects and shall receive the benefits and privileges provided for in this Act upon payment of the
required fees and dues. Membership in the integrated and accredited professional organization of
architects shall not be a bar to membership in other associations of architects.

SECTION 41. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity
of this Act, the Board, subject to the approval of the Commission and in coordination with the
integrated and accredited professional organization, shall adopt and promulgate such rules and
regulations, Code of Ethical Conduct and Standards of Professional Practice, to carry out the
provisions of this Act and which shall be effective fifteen (15) days following their publication in
the Official Gazette or in two (2) major daily newspapers of general circulation.

SECTION 42. Appropriations. - The Chairperson of the Professional Regulation Commission


shall immediately include in the Commission programs the implementation of this Act, the funding
of which shall be included in the annual General Appropriations Act.

SECTION 43. Act Not Affecting Other Professionals. - This Act shall not be construed to affect
or prevent the practice of any other legally recognized profession.

SECTION 44. Enforcement of the Act. - It shall be the primary duty of the Commission and the
Board to effectively enforce the provision of this Act. All duly constituted law enforcement
agencies and officers of national, provincial, city or municipal government or of any political
subdivision thereof, shall, upon the call or request of the Commission or the Board, render
assistance in enforcing the provisions of this Act and to prosecute any person violating the
provisions of the same. The Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and shall render legal assistance as may be
necessary in carrying out the provisions of this Act.

Any person may bring before the Commission, Board or the aforementioned officers of the law,
cases of illegal practice or violations of this Act committed by any person or party.

The Board shall assist the Commission, Board or the aforementioned officers of the law, cases of
illegal practice or violations of this Act committed by any person or party.

The Board shall assist the Commission in filing the appropriate charges through the concerned
prosecution office in accordance with law and the Rules of Court.

SECTION 45. Separability Clause. - If any clause, provision, paragraph or part hereof shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other
part hereof, but such judgment shall be merely confined to the clause, provision, paragraph or part
directly involved in the controversy in which such judgment has been rendered.
SECTION 46. Repealing Clause. - Republic Act No. 545, as amended by Republic Act No. 1581
is hereby repealed and all other laws, orders, rules and regulations or resolutions or part/s thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 47. Effectivity. - This Act shall take effect after fifteen 15 (5) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.
REFERENCES
https://lawphil.net/statutes/repacts/ra2004/ra_9266_2004.html
https://chanrobles.com/republicactno6541.htm
https://www.dpwh.gov.ph/DPWH/files/nbc/PD.pdf
https://www.academia.edu/33748962/The_National_Building_Code_of_the_Philippines_and_Its
_Revised_Implementing_Rules_and_Regulations

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