05/10/2025
THE MINIMUM 3-LEVELS OF COMPLIANCE ASSESSMENTS FOR YOUR BUILDING/GROUNDS PLANS AND DESIGNS
1. When starting a building project (whether publicly-owned or privately-owned), part of the mandatory Pre-Design activities involves the “CODE SEARCH”, in which all the applicable laws and regulatory regimes are identified and assessed for levels of required compliances by the building and grounds plan/design project team. Hereafter are the very first documents for review by the building design team, i.e., as the applicable PRIVATE (SELF-REGULATORY)/PSG-level development controls (“DC”), viz:
a. The Deed of Restrictions (“DoR”) and the Design Standards and Guidelines (“DSG” or its equivalent document), as issued by the developer (for both public and private building projects), to the owner of the lot/property (public or private); and
b. The Locator Construction Guidelines (“LCG” or its equivalent document), also issued by the developer or the Locator Association (or the Homeowner Association/HoA in the case of residential developments).
Very Important Note: Being PSG-level DC, provisions under these DoR, DSG and LCG may be stricter or more stringent than the minimum prescriptions under LOCAL-level or NATIONAL-level DCs, BUT CANNOT under any circumstance RELAX the provisions under the latter DCs.
2. The next higher rung of the “CODE SEARCH”, for which the building design team is mainly responsible, are the LOCAL-level development controls (“DC”), viz:
a. The Local Government Unit (LGU) Zoning Ordinance (“ZO”) and its stream of regulations (“SoR”, NOT limited to its implementing rules and regulations/“IRR”), which is the GENERAL LOCAL law addressing all forms of development, where the LGU is the recognized authority having jurisdiction (“AHJ”) on all matters pertaining to its interpretation, implementation and enforcement; and
b. LGU Special Ordinance (“SO”) and its SoR, NOT limited to its IRR”, which is the SPECIAL LOCAL law addressing specific forms of development, not sufficiently addressed/detailed in the ZO, and again where the LGU is the recognized AHJ on all matters pertaining to its interpretation, implementation and enforcement.
Very Important Note: Being LOCAL-level DC, provisions under these ZO and/or SO may be stricter or more stringent than the minimum prescriptions under either PRIVATE/SELF-REGULATORY-level or NATIONAL-level DCs, BUT that CANNOT under ANY circumstance RELAX the provisions under NATIONAL-level DCs (i.e., that serve as part of the legal bases of ZOs/SOs).
3. The highest rung of the “CODE SEARCH”, for which the building design team is mainly responsible, are the NATIONAL-level development controls (“DC”). Since most buildings for use by the general public (even if privately owned) have potentially high minimum safety requirements and comfort thresholds, an internal architectural design review (ADR) will need to be conducted to ascertain compliances under at least 5 basic Philippine (“PH”) standards, as the applicable NATIONAL-level development controls (“DC”), and their respective streams of regulations (“SoR”, likewise NOT limited to their respective implementing rules and regulations (“IRR”), viz:
a. P.D. No. 1096, the 1977 National Building Code of the PH (“NBCP”) and its 2004 Revised Implementing Rules and Regulations (“RIRR”), as promulgated by the DPWH, at link: https://www.dpwh.gov.ph/DPWH/files/nbc/IRR.pdf;
b. R.A. No. 9514, the Fire Code of the PH (“FCP”) of 2008 and its 2019 RIRR, as promulgated by the DILG Bureau of Fir Protection/”BFP”, at link: https://bfp.gov.ph/wp-content/uploads/2019/10/RA9514-RIRR-rev-2019.pdf;
c. B.P. Blg. 344, the 1983 Accessibility Law and its 2024 Implementing Rules and Regulations (“IRR”), as promulgated by the DPWH, and as published in the Official Gazette (“OG”) of the NPO, at link: https://www.dpwh.gov.ph/dpwh/references/laws_codes_orders/bpb344;
d. 2015 PH Green Building Code (“PGBC”), as promulgated by the DPWH, at link:https://www.dpwh.gov.ph/DPWH/sites/default/files/laws_codes_orders/PgbcBooklet23March.pdf =Fit; and
e. 2015 Design Guidelines, Criteria and Standards (“DGCS”) Volume 6 (Public Buildings and Other Related Structures), as promulgated by the DPWH, at link: https://www.coursehero.com/file/51170695/DPWH-DESIGN-GUIDELINES-CRITERIA-STANDARDS-VOLUME-6-PUBLIC-BUILDINGS-OTHER-RELATED-STRUCTURE/.
Additionally, as part of the ADR, there is the matter of gender and development (GAD, i.e., will still need to check the latest laws/regulations that apply), and the fire ratings and flammability of all manner of emergency exits/EE).
The following are also separate compliance matters for checking by other state-regulated and licensed professionals:
a) as part the optional Interior Design services (by others), the need to look at the fire ratings and flammability of all specified interior finishes (rooms, furniture/movable items, permissible accessories/decorations, and the like); and
b) as part the required Engineering services (by others), the parallel compliance assessment with the main NBCP referral codes (RCs) on engineering, e.g., NSCP, NEC, PMEC, FCP-NFPA, the Sanitary Code, Water Code, ECE Code, etc., and Volumes 1-5 of the 2015 DPWH DGCS which will be the applicable standard for civil works engineering (CWE).
The professional regulatory laws (PRL) of the involved state-regulated professionals (“SRP”) and their respective SoR, that includes the Code of Ethical Conduct (CoEC), the Standards of Professional Practice (SPP), and Professional Practice Guidelines and Procedural Manuals, must also all be examined closely by the Client and other close Owner Representatives (“OR” such as Project and Construction Managers/PCM, Project Auditors, and the like.
INTERNATIONAL-level DCs may also apply on a mainly SUPPLETORY basis, depending on the actual need for such standards, and the commissioned SRPs must assist the Client in fully ascertaining their applicability or necessity, as these will definitely entail considerable increases in project costs.
Finally, for best results, prospective Clients MUST always consult the proper state-regulated professionals (SRPs), be they environmental planners (EnPs), architects, engineers or lawyers. Thank You.
