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DEVELOPMENT

CONTROLS
(FOR BUILDING & GROUNDS
PLANNING/ DESIGN)

UAP Taytay Chapter


13 September 2018
by
Arch. Armando N. ALLI, apec ar
Resource Person
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DEFINITION
Development controls (DCs) are a body of applicable international
agreements, conventions, standards, and the like, and of Philippine
(PH) laws and related executive issuances at the national and local
levels i.e. rules/ regulations (crafted with or without legislative
oversight), guidelines, standards, procedural manuals and their
implementing mechanisms e.g. executive orders, administrative orders,
department administrative orders, memorandum circulars and similar
policy instruments, or of private sector self-regulatory DCs, that may
complement or even contradict each other (whereby the strictest DC
prevails and where the strictest/ most stringent rule specifically refers to
the least amount of permissible development or construction or
intervention at both the natural and built environments), but which are
all collectively intended to limit the level of physical development on
both private property and on the permitted portions of the public
domain encompassing the surfaces of, the sub-surfaces of and the air
above the land and the water.
UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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A. Some International level DCs


• United Nations (UN) International Civil Aviation Organization (ICAO)
documents, as mandatorily applicable to international airports in the
PH;
• International Building Code (IBC), suppletorily applicable to
Philippine projects;
• International Fire Code (IFC), suppletorily applicable to Philippine
projects;
• International Air Travel Association (IATA) standards, as applicable
to international passenger terminals (IPTs) in the PH;
• International physical planning, design, manufacturing, testing,
transportation, maritime, building, development, construction,
product, professional practices, and related standards, are all
suppletorily applicable to Philippine projects, but only in the following
sequence, and specifically provided their provisions are more
stringent than PH DCs :
1) Official International (other than American, European or Asian),
specifically those imposed by official development assistance (ODA)
agencies for public sector projects i.e. World Bank (WB), Asian
Development Bank (ADB), Japan International Cooperation Agency
(JICA), USAID, CIDA, Ausaid, etc.; 2) American; 3) British, followed by
Commonwealth; 4) German; 5) Japanese; and 6) other Asian.
UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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B. National level DCs


• 1977 National Building Code of the Philippines/ NBCP (P.D. No. 1096), its
2004 Revised (or later) implementing rules and regulations (IRR), its latest
referral codes (RCs) and its latest derivative regulations (DRs);
• 2008 Fire Code of the Philippines/ FCP (R.A. No. 9514) and its 2009 or later
IRR;
• 1983 Accessibility Law (Batas Pambansa Bilang/ B.P. Blg. 344) and its latest
implementing rules and regulations (IRR);
• R.A. No. 6716 on rainwater collection;
• P.D. No. 957 dated July 12, 1976, Regulating the Sale of Subdivision Lots
and Condominiums and its latest IRR promulgated by the HLURB;
• Housing and Land Use Regulatory Board (HLURB) Guidelines on various
types of physical planning including the latest editions of its Cookbooks for
the preparation of comprehensive land use plans (CLUPs), zoning
ordinances (ZOs), etc.
• Batas Pambansa (B.P.) Blg. 220 dated March 25, 1982, An Act Authorizing
the Ministry of Human Settlements to Establish and Promulgate Different
Levels of Standards and Technical Requirements for Economic and
Socialized Housing Projects in Urban and Rural Areas from Those Provided
Under P.D. No. 957, P.D. No. 1216, P.D. No. 1096 (NBCP) and P.D. No. 1185
(old FCP) and their latest IRRs; note that B.P. Blg. 220 space planning and
building design and construction standards are lower than P.D. No. 1096
standards;

UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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• R.A. No. 7279 (Urban Development and Housing Act/ UDHA);


• Valid and subsisting executive issuances by the Housing and Urban
Development Coordinating Council (HUDCC);
• Various other professional regulatory laws (PRLs) governing the
State-regulated practice of the various allied design professions
(geology, environmental planning, landscape architecture, master
plumbing, interior design, etc.); P.D. No. 957 (on Subdivisions and
Condominiums) and its latest IRR that also cover sites for multiple
buildings and grounds, at both new and built-up locations;
• Water Code of the Philippines (P.D. No. 1067);
• Fisheries Code of the PH (R.A. No. 8550);
• various environmental laws, including those on the Philippine
Environmental Impact Study System (PEISS), on climate change
adaptation (R.A. No. 9729) and on disaster risk reduction and
management (R.A. No. 10121);
• R.A. No. 11038, The Expanded NIPAS Act of 2018;
• Various applicable laws on the extractive industries (e.g. mining,
particularly at subterranean locations and all water resources below
the surface of the ground), fisheries, and the like, etc.;
• Various applicable laws on archaeology and conservation e.g.
archaeological finds, historical sites, cave exploration, and the like;
• Various applicable laws on agrarian reform and land conversion;

UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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• applicable sections of the 1990 Local Government Code (R.A. No.


7160);
• applicable sections of R.A. No. 386, the 1949 New Civil Code of the
PH;
• Variations to PH Standards: those found in standard USA, European
or other international references on Site Planning and Urban Design;
• Professional regulatory laws (PRLs), their IRRs, standards, guidelines,
manuals and Memoranda and similar executive issuances duly
promulgated by the Professional Regulation Commission (PRC) and its
professional regulatory boards (PRBs) i.e. the 2004 Architecture Act
(R.A. No. 9266), the 2013 Environmental Planning Act (R.A. No. 10857),
and the like (as referred to under Section 304.5.b of the NBCP IRR;
• Valid and subsisting Presidential Proclamations, particularly in the
case of port zones and economic zones; and
• Valid and subsisting National Level executive issuances e.g.
executive order (E.O.) No. 146 on procedures for the approval of land
reclamation projects.

UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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The following are the engineering, architectural and other allied guidelines and
references that are typically utilized by the DPWH:
• National Structural Code of the Philippines (NSCP), 2016 or latest edition, only a self-
regulatory referral code (RC) of P.D. No. 1096, the 1977 National Building Code of the
Philippines (NBCP) if without official Government endorsement;
• The DPWH Blue Book in its latest edition (reference the Bureau of Design’s 2015 Design
Guidelines, Criteria and Standards/ DGCS for horizontal and vertical infrastructure);
• The DPWH 2015 PH Green Building Code (NOT A LAW), a RC of P.D. No. 1096 ;
• Department of Energy (DoE) Energy Conservation Standards, a RC of P.D. No. 1096;
• Philippine Electrical Code (last updated 2009 or latest edition), only a self-regulatory
RC of P.D. No. 1096, if without official Government endorsement;
• Philippine Society of Mechanical Engineering/ PSME Code (latest edition), only a self-
regulatory RC of P.D. No. 1096, if without official Government endorsement;
• 1974 Code on Sanitation of the Philippines (CSP or P.D. No. 856) and relevant
Department of Health (DoH) issuances (latest editions), collectively, a RC of P.D. No.
1096;
• Revised National Plumbing Code of the Philippines (latest edition), only a self-
regulatory RC of P.D. No. 1096, if without official Government endorsement;
• Electronics Code of the Philippines, only a self-regulatory RC of P.D. No. 1096, if without
official Government endorsement;
• 2000 or later Architectural Code of the Philippines (ACP), duly promulgated by the
DPWH, a RC of P.D. No. 1096, with official Government endorsement;
• Interior Design Code, duly endorsed by the DPWH;
• Relevant DPWH Orders, Memorandum Circulars (MCs), specifically those addressed to
Local Building Officials (LBOs), etc., collectively, a RC of P.D. No. 1096;
• Various other professional regulatory laws (PRLs) governing the State-regulated
practice of the various engineering professions (geodetic, civil, electrical, mechanical,
electronic, sanitary, etc.), all RCs of P.D. No. 1096 as per Section 304.5.b of the NBCP IRR;
UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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• The following are laws that incorporate elements of building and facility
planning/ design references and are NOT utilized by DPWH as these are
under independent agencies such as the Philippine Economic Zone
Authority (PEZA) and the Tourism Infrastructure and Enterprise Zone
Authority (TIEZA), to wit:
• R.A. No. 7916, as amended by R.A. No. 8748, The Special Economic
Zone Act of 1995, also known as An Act Providing for the Legal Framework
and Mechanisms for the Creation, Operation, Administration, and
Coordination of Special Economic Zones in the Philippines, Creating for
this Purpose, the PEZA, which also gave rise to the PEZA OBOs, and its
latest IRR; and
• R.A. No. 9593, The Tourism Act of 2009 which created the TIEZA and its
OBO; and its latest IRR.
• Other applicable building standards i.e. standards that are not found in
the NBCP or that are more detailed than those found in the NBCP (in their
latest editions), but which are subject to review by the LGU Office of the
Building Official (OBO) are as follows:
• for hospitals and health care facilities c/o the DoH;
• for primary and secondary school buildings c/o the DepEd;
• for tertiary school buildings c/o the CHED;
• for public markets c/o the DTI and/or the HLURB and other concerned
attached agencies of the HUDCC;

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C. Local level DCs


• LGU zoning ordinance (ZO), including its main annex, the Official
Zoning Map (OZM), all duly approved by the Housing and Land Use
Regulatory Board (HLURB); and its implementing rules and
regulations (IRR), that may encompass various types of
development-related ordinances; ZOs and OZMs should preferably
be based on comprehensive land-water-air use plans (CLWAUPs),
which shall encompass municipal waters (using NAMRIA-delineated
municipal water boundaries/ MWBs, subsurface resources including
aquifers and underground waterways, aerodromes and definable
air rights, view corridors, and the like.
• LGU special ordinances (SOs) in the areas of public housing, the use
of municipal waters, underground/ subsurface resources, parks and
open spaces, tourism, transportation and parking, traffic
management, public education, public health and sanitation,
agriculture and fisheries, the public domain, and the like.
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D. Private Sector Self-Regulatory Level DCs


• Mainly self-regulatory level Deeds of Restrictions (DoRs) and
Sustainable Development Guidelines and Standards (SDGS) in
various formats for the ownership and use/ occupancy of both
private and public lot parcels and for the limited/ controlled/
monitored use of portions of the public domain (to include legal
easements along waterways, road rights-of-way/ RROWs and other
forms of rights-of-way/ ROWs, public parks/ forests and open
spaces, conservation areas, and the like).
• Private sector technological professionals (State-regulated) are also
bound by their other respective self-regulatory codes i.e. which may
not be RCs of the NBCP and which may not necessarily carry an
official endorsement from the Government, particularly on matters
of physical planning, building design, site development works, civil
works, construction and development. While the same also apply to
public sector technological professionals (State-regulated), there is
possibly less compliance from their end.
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F. Comparing National level DCs with Other DCs


• The 1977 NBCP is a framework of minimum
standards and requirements;
• International level DCs can be presumed to be
more stringent than the NBCP (as the National level
DC) and shall apply suppletorily (i.e. IF AND ONLY IF
the provision found in the International level DC is
ABSENT in the NBCP;
• Local level DCs can be crafted to be stricter than
the NBCP BUT CANNOT RELAX (or make LESS
STRINGENT) the provisions of the NBCP;
• Private Sector Self-regulatory level DCs can match
International level DCs can be more stringent than
the NBCP (as the National level DC) or Local level
DCs.
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G. P.D. No. 1096 (1977 NBCP) Stream of Regulations (SoR)


• Implementing Rules and Regulations/ IRRs (old and new/ 2004); the
old IRR still applies to vacant or idle land on which construction/
development shall take place for the first time i.e. existing line and
grade (L&G) are key references; new/ 2004 IRR applies to all types
of renovation (including adaptive reuse); new construction on a
pre-used lot e.g. where the earlier structure is completely
dismantled or demolished to give way to the new construction and
to new developments such as new subdivisions, lots along newly
opened highways , and the like; includes Additional Rules and
Regulations (ARRs) promulgated by the DPWH;
• Referral Codes (RCs) consisting of both laws (and IRRs) and self-
regulatory documents such as industry standards e.g. design,
construction, development, and the like (specifically including R.A.
No. 386, the 1949 New Civil Code of the Philippines);
• Derivative Regulations (DRs) consisting of procedures or standards
e.g. design, construction, development, and the like duly
promulgated by the DPWH Secretary , in his capacity as the
national Building Official (NBO) e.g. Memorandum Circulars (MCs),
DAOs, DOs, etc.
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H. 2004 NBCP IRR Already Fully Integrates Considerations of


Physical Planning & Building Design
a)Physical Planning concerns (i.e. under HLURB jurisdiction)
govern the use of private lots and of the PUBLIC DOMAIN
i.e. road rights-of-way/ RROWs, rights-of-way, ROWs,
mandated legal easements, open spaces, parks, their air
and water rights and the like i.e. development elements
that are all outside of a project site; and
b)Building Design concerns (i.e. under DPWH jurisdiction)
govern the use of private lots as the setting for a building
and grounds project, including the sub-surface, air and
water rights to such property i.e. development elements
that are inside the boundaries of a project site.

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I. THE NBCP RULES (as National level DCs) WERE NEVER


INTENDED TO BEUSED IN ISOLATION (ALWAYS COMPARE THE
RULES)

a) At least THREE (3) rules may apply to ANY given


construction / development situation i.e. SITE OCCUPANCY
(i.e. setbacks/ yards, PSO & AMBF); the BUILDING BULK (i.e.
FLAR/ FAR, GFA, TGFA, EGE, BHL, AMBV);
b) The RULE that creates the LEAST DEMAND on the carrying
capacity of the lot; that shall result in the LEAST
CONSTRUCTION/ DEVELOPMENT activity; and the LEAST
NEGATIVE EFFECT or NUISANCE to the host community is the
STRICTEST RULE .

UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person
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J. NBCP IRR (as a National level DC) Operates by


TRIANGULATION Where the STRICTEST RULE APPLIES
a) As previously stated, at least THREE (3) NBCP rules may apply to
ANY given construction / development situation i.e. SITE
OCCUPANCY (i.e. setbacks/ yards, PSO & AMBF); the BUILDING
BULK (i.e. FLAR/ FAR, GFA, TGFA, EGE, BHL, AMBV, etc.);
b) As such, FLAR/ FAR CANNOT BE USED ALONE TO JUSTIFY THE
BUILDING BULK. FAR MUST ALWAYS BE QUALIFIED AND
TEMPERED BY OTHER DEVELOPMENT CONTROLS SUCH AS BHL,
ANGULAR PLANE, ETC. TO ARRIVE AT THE LEAST CONSTRUCTION.

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K. The 2004 Revised IRR of the NBCP Has Been


Promoting Sustainable Design Solutions Since 2004
a) Curbs OVER-BUILDING through : 1) reduced GFA/
TGFA by controlling FLAR (same as FAR); 2) reduced
building footprint through AMBF; and
b) Curbs OVER-PAVING through : 1) setting the
maximum allowable percentage of site occupancy
(PSO)/ allowable maximum building footprint
(AMBF); 2) setting the Maximum Impervious Surface
Area (ISA) and Minimum Unpaved Surface Area
(USA); 3) setting the angular plane along the RROW
to maximize natural light & ventilation, etc.

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L. THE CORRECT BUILDING DEVELOPMENT POTENTIAL


• Floor to Lot Area Ratio/ Floor Area Ratio (FLAR/ FAR)
application to the Total Lot Area (TLA), that is duly
qualified by Percentage of Site Occupancy/ Allowable
Maximum Building Footprint (PSO/ AMBF);
• setback (easement)/ yard/ court requirements,
incremental setbacks for all sides of the building to
REDUCE the Gross Floor Area/ Total Gross Floor Area (GFA/
TGFA);
• firewall restrictions;
• Building Height Limit (BHL) based on the correct
established grade elevation (EGE);
• angular plane along the road right-of-way (RROW);
• Outermost limit of building projection/ outermost face of
buildings (OLBP/ OFB), etc.;
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ee. What We Must Always Remember Even If We are Laymen (or


Environment & Technology Professionals)
• “Ignorance of the law excuses no one.”
• As citizens, it is our duty to at least try to understand the law. If
we fail to properly appreciate the law despite our standing as
laymen, we as State-registered and licensed professionals
shall eventually be held professional responsible and civilly
liable for such ignorance or neglect of the law. Article 1723 of
R.A. No. 386, the 1949 Civil Code of the Philippines mandates a
15 year liability period for design and/or construction flaws,
including defects in the ground that are not seen by the
professional (plus 10 years within which a civil case could be
filed against the professional by the injured parties).
• Understanding the NBCP (as a National level DC) is a good
means of legal protection.
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THANK YOU
AND A PLEASANT EVENING TO EVERYONE

UAP Taytay Chapter 13 September 2018 by Arch. Armando N. ALLI, apec ar Resource Person

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