TABLE OF CONTENTS I. INTRODUCTION............................................................................................................................................................. II. OBJECTIVES AND GUIDING PRINCIPLES.......................................................................................................... A. Objectives of the Manual...................................................................................................................................... B. Coverage of JMC 2018-01..................................................................................................................................... C. Principles of JMC 2018-01................................................................................................................................... D. Clarification on Select Terms in JMC 2018-01............................................................................................ III. THE STANDARDS AT-A-GLANCE........................................................................................................................... IV. ONE-STOP SHOP FOR CONSTRUCTION PERMITS (OSCP)....................................................................... V. STANDARDS FOR PROCESSING BUILDING PERMITS................................................................................. A. Application Form for Building Permit and other Forms......................................................................... B. Documentary Requirements............................................................................................................................... C. Steps.............................................................................................................................................................................. D. Compliance Evaluation Sheet for Building Plan Review for Application of Building Permits E. One-Time Assessment of Taxes, Charges & Fees........................................................................................ F. One-Time Payment of Taxes, Charges & Fees and Release of Documents....................................... G. Signatories.................................................................................................................................................................. H. Process Flow with Processing Time................................................................................................................ VI. STANDARDS FOR PROCESSING CERTIFICATES OF OCCUPANCY.......................................................... A. Application Form for Certificate of Occupancy and other Forms............................................ B. Documentary Requirements...................................................................................................................... C. Steps...................................................................................................................................................................... D. Processing Time............................................................................................................................................... E. One-Time Assessment of Taxes, Charges, & Fees............................................................................... F. One-Time Payment of Taxes, Charges, & Fees..................................................................................... G. Signatories......................................................................................................................................................... H. Process Flow with Processing Time....................................................................................................... I. Joint Inspection Team, Inspection Checklists and Good Practice............................................... VII. DEVELOPING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY AUTOMATION SYSTEM............................................................................................................................................... VIII. IMPLEMENTING MECHANISMS.............................................................................................................................. IX. MONITORING MECHANISMS................................................................................................................................... X. COMMUNICATION PLAN............................................................................................................................................ XI. LGU GOOD PRACTICES IN CONSTRUCTION PERMITTING PROCESSES.......................................... 1 5 5 5 6 8 10 12 18 18 20 23 23 24 24 24 34 34 35 36 36 36 37 37 37 46 48 55 56 58 60 23
Table 1. Doing Business Ranking for the Philippines, 2011-2018...................................................................... Table 2. Typical Number of Steps Pre-JMC 2018-01 for Building Permit and FSEC Applications............. Table 3. Typical Number of Steps Pre-JMC 2018-01 for Certificate of Occupancy and FSIC Applications............................................................................................................................................ Table 4. Dealing with Construction Permits................................................................................................................. Table 5. Clarification on Select Terms.............................................................................................................................. Table 6. Summary of Standards for Simple Applications for Building Permits and Certificates of Occupancy (JMC 2018-01).............................................................................................................................. Table 7. Personnel and Resource Complement with OSCP Functions (recommended)............................ Table 8. Change in Treatment of Required Documents............................................................................................ Table 9. Sequence and Enumeration of Tasks & Input/Output Documents in Flow.................................... Table 10. Required Documents for Certificate of Occupancy Applications....................................................... Table 11. Sequence and Enumeration of Tasks & Input/Output Documents in Flow................................... Table 12. Sample of Systems and Functions for Building Permit & Certificate of Occupancy................... Table 13. LGU Monitoring Compliance Report (JMC 2018-01).............................................................................. Table 14. Communication Action Plan per Type of Audience................................................................................. Table 15. Valenzuela City’s Construction Permitting System Reforms............................................................... Table 16. Cagayan de Oro City’s Construction Permitting System Reforms..................................................... 1 3 3 4 8 10 17 20 27 35 40 54 57 59 60 62 Figure 1. Proposed Lay-out & Recommended Resource Complement for the One-Stop Shop for Construction Permits (OSCP) for Building Permit and Certificate of Occupancy Processes Figure 2. Building Permit and FSEC Process Flow with Processing Time in the OSCP................................ Figure 3. Certificate of Occupancy and FSIC Process Flow with Processing Time in the OSCP............... Figure 4. General Approach to Implementing the Reform in the LGU............................................................... Figure 5. Monitoring Tool...................................................................................................................................................... Figure 6. Message House....................................................................................................................................................... 13 25 38 55 56 58 TABLES FIGURES
Annex A: Annex B: Annex C: Annex D: Annex E: Annex F: Annex G: ANNEXES Documentary Requirements for Building Permit Application Affidavit of Undertaking Compliance Evaluation Sheet for Building Plan Review for Application of Building Permits Documentary Requirements for Certificate of Occupancy Certificate of Completion Compliance Evaluation Sheet for Certificate of Occupancy and Inspection Report Executive Order Template
AIR After Inspection Report AMO Authorized Managing Officer ASEAN Association of Southeast Asian Nations BFP Bureau of Fire Protection BLP BFP Liaison Personnel BPE Building Plan Evaluator BPD Building Permits Division CRO BFP Customer Relation Officer BO Building Official C/MFM City/Municipal Fire Marshal C/MEO City/Municipal Engineer’s Office C/ME City/Municipal Engineer CENRO City Environment and Natural Resources Office CFEI Certificate of Final Electrical Inspection DICT Department of Information and Communications Technology DILG Department of the Interior and Local Government DOLE Department of Labor and Employment DPWH Department of Public Works and Highways DTI Department of Trade and Industry DB Doing Business Report ACRONYMS Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures i
FSIC Fire Safety Inspection Certificate FSI Fire Safety Inspector IFC International Finance Corporation IO Inspection Order IRR Implementing Rules and Regulations LAO Local Assessor’s Office LGC Local Government Code of the Philippines LGU Local Government Unit LPDO Local Planning and Development Office NBCP National Building Code of the Philippines NGA National Government Agency NOD Notice of Disapproval OBO Office of the Building Official OP Order of Payment OSCP One-Stop Shop for Construction Permits PD Presidential Decree RA Republic Act UAF Unified Application Form ROD Registry of Deeds ZO Zoning Office ACRONYMS ii Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Director Anna Liza F. Bonagua Assistant Director Alfonso A. Maralli, Jr. Division Chief Virginia S. Clavel Assistant Division Chief Belinda F. Castro Luzviminda L. Fortaleza Atty. Johnson V. Domingo Arch. Mariano C. del Castillo Teresita B. Roberto Delia E. Basada Supt Cesar M Patrocinio Jr Atty. Mario R. Teope Jr Insp Marlo H Serito Engr. Agustin S. Torres Ofelia M. Templo Hilda V. Gonzalez - Editor Director Ma. Pamela P. Quizon Ma. Aimee P. Castino Socrates C. Macaranas Julie Ann D. Lara Carlagene Esther L. Velasco Maria Aya Lei P. Banzuela DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF LOCAL GOVERNMENT DEVELOPMENT DEPARTMENT OF PUBLIC WORkS AND HIGHWAYS DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY DEPARTMENT OF FINANCE BUREAU OF LOCAL GOVERNMENT FINANCE BUREAU OF FIRE PROTECTION Insp Gabriel G Solano CInsp Rodolfo D Pflieder Jr Engr. Marcial M. Battung CONSULTANTS TECHNICAL WORKING GROUP Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures iii
Engr. Joselito Guevarra - Calamba City Arch. Edison Ching M. Padilla - Valenzuela City Ar./Engr. Elmor V. Vita - Parañaque City Engr. Diamela M. Apolinario - Parañaque City Engr. Mary Jane A. Badillo - Parañaque City Arch. Juliet D. Balibalos - Parañaque City Engr. Kennedy P. Diokno - Quezon City Raymond de Asis - DILG-National Capital Region (NCR) Luigi Pilarta - DILG-NCR Glaiza Abacan - DILG-MIMAROPA Iluminada B. Dimayuga - Bureau of Local Government Finance (BLGF) Maria Teresa Geron - BLGF Brenda Miranda - BLGF Ronald A. Ortile - Land Registration Authority (LRA) Engr. Ernesto C. Ticao - Oton, Iloilo - Office of the Building Official (OBO) Engr. Leon B. Palmiano, IV - Naga City - OBO Engr. Jerry A. Malixi - Rizal, Laguna - OBO Engr. Aldrin Ignacio - Parañaque City - OBO Engr. Emilnor B. Pasion - Angono - OBO Engr. Eldrich Octoso - Angono - OBO Engr. Edward F. Dorado - San Mateo - OBO Emelita Untalan - Batangas City - OBO Apolonio L. Calpito - Batangas City - OBO Gerardo C. Jobo - Parañaque City - City Treasurer’s Office Nelson S. Villamayor - Parañaque City - City Assessor’s Office Sheryl Peral - Consultant Aurma Manlangit - Consultant International Finance Corporation LOCAL BUILDING OFFICIALS / STAFF DEVELOPMENT PARTNER TECHNICAL WORKING GROUP iv Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures RESOURCE PERSONS / CONTRIBUTORS
Congratulations to the Department of the Interior and Local Government (DILG), Department of Public Works and Highways (DPWH), Department of Information and Communications Technology (DICT) and Department of Trade and Industry (DTI) for coming up with the Manual of Operations of DILG-DPWH-DICT-DTI Joint Memorandum Circular (JMC) 2018-01. Responding to the challenge posed by President Rodrigo Duterte to increase competitiveness and improve the ease of doing business in the country, the JMC 2018-01, also known as the Guidelines in Streamlining the Processes for the Issuance of Building Permits and Certificates of Occupancy, guarantees a seamless procedure creating a hassle-free environment for all stakeholders. In an era when time is worth its weight in gold, the publication of a Manual of Operations for JMC 2018-01 will lead towards lesser processing time done by the local governments for building permits and certificates of occupancy. This in turn translates to more time allotted for other equally relevant undertakings. Through the said Manual, it is my sincerest hope that every Filipino will be provided with more accessible services by having lesser documentary requirements, faster processing time and fewer signatories, all leading to a people-centered, clean, efficient and effective governance. The DILG is one in the pursuit of excellence through innovative policies for the improvement of the lives of the Filipino. May this Manual of Operations serve its purpose of providing better and faster services to our clientele. Again, congratulations! EDUARDO M AÑO Secretary Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures v
My heartfelt congratulations to our partner agencies as our months of collaboration finally paid off with the publication of the Manual in Implementing the Streamlining of Processes for the Issuance of Building Permits and Certificates of Occupancy. This Manual provides a comprehensive guide on the effective implementation of the DILGDPWH-DICT-DTI Joint Memorandum Circular 2018-01, which will provide Filipinos with seamless and prompt processing of building construction documents. It is a testament of the administration’s thrust to make government services more accessible by sparing our countrymen from the hassles brought by the bureaucratic processes that have long plagued the government system. This undertaking espouses the country’s objective to bring about the “Golden Age of Infrastructure” with the speedy and simultaneous construction of building structures that are part of our massive infrastructure rollout. In making our government more citizen-oriented, we are getting closer to our collective goal of bringing about lasting and inclusive development as enshrined in the “Ambisyon Natin 2040,” the country’s long term development vision. Let us remain relentless in trailblazing new paths to make government services more responsive to the needs of the Filipino people. MARk A. VILLAR Secretary vi Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
The Department of Information and Communication Technology (DICT) greatly appreciates its partnership with the Department of Public Works and Highways (DPWH), the Department of Interior and Local Government (DILG) and the Department of Trade and Industry (DTI) on matters dealing with implementation of the Joint Memorandum Circular No. 2018-01 (JMC), specifically with respect to the development of this Manual of Operations. The publication of its document is a significant milestone of the signatories of the JMC as it lays the groundwork for introducing and adopting innovative solutions to further expedite the delivery of public services and promote business-friendly environment. As the lead agency for Information and Communications Technology (ICT), the DICT commits to contribute its technical knowledge and expertise to help government institutions address the marching orders of President Rodrigo Duterte that processing time in issuing permits and licenses should be reduced to the “barest minimum” as part of his promise of eliminating bureaucratic red tape. As our country continues to aspire for excellence in governance and public service delivery, it is also important for us to recognize that ICT plays a strategic role in driving our global competitiveness forward. We should be more aggressive in building and establishing digital infrastructures and infostructures to generate dynamic growth of our economy, boost our global competitiveness, and improve the quality of life not only of our citizens, but also of our business entrepreneurs, foreign investors, and other stakeholders. With the introduction of reforms and legislative measures such as the Ease of Doing Business and Efficient Delivery of Government Services, we hope that we could leapfrog our competitiveness ranking specifically in the Ease of Doing Business Survey that is conducted among 185 countries all over the world. In this era of globalization, digital economy, and mobile government, it is now imperative for our nation to start embracing innovative solutions that will improve our global competitive rating. Hopefully, our country will be able to earn a reputation for innovation and be regarded as one of the highly digitized nations in the Southeast Asian region. Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures vii
To prioritize the promotion of the ease of doing business and increase the competitiveness of the country, the Duterte administration has been focusing on a whole-of-government approach to streamline procedures and expedite processes especially those of frontline services. By aiming for a more globally competitive Philippines, we will raise our country’s standing in the World Bank Doing Business Report as it focuses on the regulations relevant to the life cycle of a business. This will not only create an environment conducive for business and attractive for investors, but also enable aspiring entrepreneurs to set up their own enterprises. To this end, the Department of Trade and Industry (DTI) has been continually working with other government agencies in setting new standards for Local Government Units (LGUs) and eliminating red tape in government processes. One of the initiatives to improve the country’s competitiveness is the processing of construction permits. Started in 2015 as part of an inter-agency effort to set up one-stop shops in LGUs for the processing of applications for construction-related permits, this initiative has now birthed the Joint Memorandum Circular (JMC) 2018-01. JMC 2018-01 is a collaborative effort by DTI with the Department of Interior and Local Government (DILG), Department of Public Works and Highways (DPWH), and the Department of Information and Communication Technology (DICT). With this circular, the government can now set service standards for LGUs that would streamline the issuance of building permits and certificates of occupancy. This circular is one of the many initiatives that the government has completed towards promoting ease of doing business and increasing competitiveness. By improving how we process construction-related permits—especially for businesses - we can help our country improve its ranking in the WB Doing Business Report. But most importantly, we would be able to institutionalize these initiatives in the workings and processes of government. With the publication of this manual giving guidance on the proper implementation of JMC 2018-01, I would like to congratulate our fellow agencies for their hard work. This manual is indicative of government’s effort towards streamlining its procedures and expediting its processes. Moreover, it will also support our “Build, Build, Build” infrastructure program that will create a more progressive Philippines for our countrymen. Mabuhay! viii Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 1
The higher the ranking (with 1 as the highest and 190 as the lowest), the more conducive is the regulatory environment to starting and operating a local firm. The Doing Business report compares business regulation1 for domestic firms across 190 economies. Ten aspects of business regulation (like starting a business or dealing with construction permits) that matter to entrepreneurs are ranked. The ranking measures both efficiency - measured as time, cost and number of interactions needed to comply -- and the quality of the regulation. The focus is on entrepreneurs because it is the private sector that accounts for majority of job growth in developing countries. Many governments, including the Philippines, use the Doing Business indicators to craft regulatory reforms that increase the potential of the private sector to create jobs by easing administrative barriers. 1 See www.doingbusiness.org for the other aspects and the complete Report. 2 Defined similarly as in the JMC “step” definition. 3 Measured similarly as with the JMC’s time measurement. 4 From submission to receipt of Business Permit or Certificate of Occupancy, FSEC or FSIC, excluding the steps involved in pre and post requirements. In compliance with President Duterte’s socio-economic agenda and to improve the country’s ranking in global competitiveness surveys, the Department of the Interior and Local Government (DILG) in collaboration with the Department of Public Works and Highways (DPWH), Department of Information and Communications Technology (DICT) and Department of Trade and Industry (DTI), issued Joint Memorandum Circular (JMC) 2018-01 (henceforth “JMC 2018-01 or JMC” in this Manual), dated January 04, 2018. The JMC sets the service standards in processing Building Permits and Certificates of Occupancy for simple applications by local government units (LGUs). These standards are: JMC 2018-01 2 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures as Response from submission of complete application (includes forms for ancillary permits and required documents) to receipt of the Building Permit or Certificate of Occupancy, Fire Safety Evaluation Clearance (FSEC) or Fire Safety Inspection Certificate (FSIC), and other clearances/certificates. These service standards represent a significant reduction from the number of steps2 and length of processing time3 of a generic application (encompassing not only simple applications) for construction permits, and for the same start-to-end process4 , as shown in Tables 2 and 3.
Sources: Study on Construction Permitting Processes, Investment Enabling Environment Project, United States Agency for International Development, 2014 5 A 2014 study on Construction Permitting Processes generated the steps and its number by consulting with “around 225 local officials of 26 cities and 7 municipalities across the country.” The representatives of national and regional chapters of the Philippine Constructors Association (PCA), the United Architects of the Philippines (UAP), the Philippine Institute of Civil Engineers (PICE), the Office of Socialized Housing Developers Association of the Philippines (OSHDAP), and the Socialized Housing Development Association (SHDA) also participated in the interviews and focus group discussions. 6 Same reference as above. Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 3 Table 2. Typical Number of Steps Pre-JMC 2018-015 for Building Permit and FSEC Applications Permit/Clearance/Certificate Steps Length of Time Locational or Zoning Clearance 4 2 - 3 days Tax Declaration/ Official Real Property Tax Receipt 4 15 mins. Fire Safety Evaluation Clearance 4 5 - 10 days Building Permit 5-6 17 days Total 17-18 (minimum) 24 - 30 days & 15 mins. Table 3. Typical Number of Steps Pre-JMC 2018-016 for Certificate of Occupancy and FSIC Applications Permit/Clearance/Certificate Steps Length of Time Fire Safety Inspection Clearance 4 5 - 10 days Clearance from utility companies (telephone, water and electricity) Variable; Not covered in assessment study Certificate of Occupancy 5 5 - 22 days Total 9 (minimum) 10 - 32 days
Table 4. Dealing with Construction Permits Economy 2018 (190) 2017 2016 (189) 2015 (189) 2014 (189) 2013 (185) 2012 2011 (183) Change 2017- 2018 Change 2011- 2018 Malaysia 11 13 15 28 43 96 113 108 2 97 Singapore 16 10 1 2 3 2 3 2 -6 -14 Vietnam 20 24 12 22 29 28 67 62 4 42 Lao PDR 40 47 42 107 96 87 80 115 7 75 Thailand 43 42 39 6 14 16 14 12 -1 -31 Brunei Darussalam 48 37 21 53 46 43 83 74 -11 26 Myanmar 73 66 74 130 150 NDA NDA NDA -7 77 Philippines 101 85 99 124 99 100 102 156 -16 55 Indonesia 108 116 107 153 88 75 71 60 8 -48 Cambodia 179 183 181 183 161 149 149 146 4 -33 7 Doing Business 2018, p. 12. 8 IFC defines “procedure” as “any interaction of the (construction company’s) employees or managers with external parties, including government agencies, notaries, the land registry, the cadastre, utility companies, public and private inspectors, and technical experts apart from in-house architects and engineers.” (Doing Business Report, Questionnaire, p.11. 2018). A procedure can involve a series of steps. The JMC uses “step” and there can be many steps in a single procedure. The reader is cautioned in comparing the two as if it were equal. 9 IFC measures Time in “calendar days (not working days). For a procedure that can be completed entirely online, the minimum time is 0.5 days. For a procedure that cannot be completed entirely online, the minimum time is 1 day.” Source: Doing Business Report. The World Bank, 2018. 4 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 5
1. EffiCiEnCy C. PRinCiPlEs The JMC is about process improvement through streamlining. Thus, efficiency is the key principle that the JMC advocates. Process efficiency means delivering the service or output with the least tasks by the applicants and the public personnel providing the service. It also means delivering the service at the least time that is needed to deliver a quality output and that responds to the purpose of the regulation. As applied to the process of applying for Building Permits and Certificates of Occupancy, the JMC encourages process efficiency through the following: • reduction of the standard steps; • reduction in processing time; • organization of a One-Stop Shop for Construction Permits (OSCP) within which there is a streamlined process and a co-location arrangement, and, • formation of a Joint Inspection Team (JIT). The JMC also promotes efficiency in the use of the applicants’ time by reducing the number of face-toface interactions between them and the public offices involved. It should also reduce the number of visits that applicants have to make throughout the application. 2. ACCEssibility Of GOvERnMEnt sERviCEs The JMC advocates the need to make government services more accessible to its citizens through the reduction of bureaucratic ‘red tape’. It does this by centralizing offices involved in applications for Building Permits and Certificates of Occupancy as opposed to the typical practice of the applicants bringing their documents from one office to another. The JMC also makes these government services more accessible by promoting computerization and automation that would enable information sharing among government offices and levels. 3. tRAnsPAREnCy The JMC espouses the principle of transparency which draws from the ARTA. The JMC promotes transparency, among others, by making applicants: • aware of the process and what it requires of them; • know how long the process will take; and, • know deficiencies to their applications in a formal manner. 4. CUstOMER-CEntRiC sERviCE While the requirement to secure Building Permits and Certificates of Occupancy are regulatory in nature and thus, intended to protect the welfare of the population, the JMC encourages local governments to create a positive experience for the customers in securing construction-related permits. Some ways of promoting customer-centric service include: • removing unnecessary steps in securing permits; • shortening processing time and providing applicants with feedback on the status of their applications; • limiting documentary requirements to those legally required. Thus, even requiring photocopies of documents that have previously been submitted to the same local government is discouraged; • addressing long lines of applicants; • providing feedback on the status of applications; and, • providing a comfortable waiting area for applicants. 6 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
5. OnE GOvERnMEnt One of the governance outcomes in the Philippine Development Plan 2017-2022 is the achievement of seamless service delivery through a whole-of-government approach where “government systems and processes work together to provide ease of access and use by citizens.” In the context of the JMC, this means that national and local government instrumentalities need to closely work together in: • ensuring inter-operability of processes related to construction-related policies, both across departments of local government units (LGUs) and between national and local governments; • data-sharing among the different offices involved in construction-related permits, e.g. between the barangays within a city/municipality and the city/municipal government; and • co-locating offices in the OSCP for better coordination and participating in joint inspections of structures. 6. MAxiMizinG tEChnOlOGy UsE The JMC is promoting the adoption of technology in complying with the standards for processing permits in order to achieve greater efficiency in service delivery. This can be achieved through: • computerizing the processes in evaluating applications for Building Permits and Certificates of Occupancy; • setting up web-based or online application systems; and • putting up a mobile or computer application system for informing the public of the status of their requests. 6. zERO COntACt POliCy Except during the preliminary assessment of the application for construction related permits and evaluation of sufficiency of submitted requirements, government officers or employees of the cities/ municipalities involved in processing construction related permits are discouraged to have any contact in any manner, unless strictly necessary, with any client concerning an application or request. Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 7
Table 5. Clarification on Select Terms Term Explanation “Floors/storeys” from item 5.14, in the definition of Simple Application for Building Permits & Certificates of Occupancy The phrase “floors/storeys” is to be understood to mean “storey” with this definition: Levels that include horizontal references from “finished floor to the next upper finished floor” and “finished floor to the roofing system.” “Single dwelling” from item 5.14, in the definition of Simple Application for Building Permits & Certificates of Occupancy “Single dwelling” is a detached building designated for, or occupied exclusively by, one family. “Step” from item 5.15 “Step” from item 5.15 Three key elements that need to be satisfied in applying the definition of “step” are that the procedure taken by the applicant: a) triggers an interface, whether physical (face- to-face interaction) or online/virtual, between an applicant & an office/unit; b) is responded to by an action; and, c) has a result (document, certification, or decision). Thus, any action that satisfy these three elements would be considered “step” even if it is within a single procedure, where “procedure” is defined as a “series of steps followed in a regular definite order”. 8 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 9
Table 6. Summary of Standards for Simple Applications for Building Permits and Certificates of Occupancy (JMC 2018-01) Standards Building Permit Applications Certificate of Occupancy Step 4 Step 1 - Submission of Application Form and Documentary Requirements Step 2 - Receipt of Order of Payment Step 3 - One-Time Payment Step 4 - Issuance of Building Permit, FSEC, Locational Clearance, & other documents & clearances 4 Step 1 - Submission of Application Form and Documentary Requirements Step 2 - Receipt of Order of Payment Step 3 - One-Time Payment Step 4 - Issuance of Certificate of Occupancy, FSIC, Certificate of Final Electrical Inspection (CFEI), & other related documents & certificates Processing Time No more than 5 days No more than 5 days Form • Application Form for Building Permit (to be submitted in 4 copies that are duly notarized) • 4 sets of accomplished ancillary permit forms • Application Form for Certificate of Occupancy (to be submitted in 3 copies that are duly notarized) • Filled-up Application Form for Tax Declaration* Documentary Requirements (as made consistent with the provisions of RA 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018) 1. Original Certificate of Title (OCT)/ Transfer Certificate of Title (TCT), or Deed of Absolute Sale, or Lot Location Plan from LRA (if lessee, Contract of Lease) 2. 4 sets of survey plans, design plans and other documents as follows: a. Architectural documents b. Civil/Structural documents c. Electrical documents d. Mechanical documents e. Sanitary documents f. Plumbing documents g. Electronics documents h. Geodetic documents i. Fire Protection Plan (if applicable) 3. 3 photocopies of valid licenses (PRC ID) of all involved professionals 4. Notarized estimated value of the building/ structure to be erected as declared by the owner 5. Current Real Property Tax Receipt* 6. Construction Safety & Health Program (CSHP) required by DOLE* 7. Affidavit of Undertaking* 1. 3 copies of the duly notarized Certificate of Completion 2. 1 copy of the construction logbook 3. 1 photocopy of the valid licenses of all involved professionals 4. Photograph of the completed structures showing front, sides, and back areas 5. Yellow Card issued by Electrical Service Provider* (for the issuance of the CFEI) 10 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 11
The JMC stipulates the provision of a One-Stop Shop for Construction Permits (OSCP) to enable compliance to the standards set for processing Building Permits and Certificates of Occupancy. One-Stop Shop Principles. The concept behind a one-stop shop is the centralization and coordination of the different public offices providing a service. Thus, it is a streamlined process within a facility of centralized services that will make an OSCP closer to being a true one-stop shop. The OSCP includes both frontline services and backroom operations. These two features allow the 4 standard steps and the standard processing time of a maximum of 5 days to be achieved while accommodating the provision of requirements by multiple offices. The key to doing so is through co-location of LGU unit representatives and the BFP in a single physical space in the backroom, an area that is not accessible to applicants. The JMC and subsequently RA 11032 also calls for an arrangement whereby the LGU officials shall be allowed to collect barangay fees related to Building Permit and Locational Clearance applications, with the subsequent remittance to the concerned barangays. Since applications for Building Permits and Certificates of Occupancy are year-round, this co-location arrangement and barangay fee collection arrangement are also year-round. The other LGU offices whose representatives are to be detailed in the OSCP are the Local Planning and Development Office (LPDO), the Assessor’s, and Treasurer’s Offices. Two OSCP Approaches. LGUs can provide an OSCP either thru a remodeled existing structure of office/s (as with Valenzuela City) or as a newly built structure (as with Quezon City). The LGU also has to decide if the OSCP will solely be for applications of simple structures or will cater to all applications. The benefits of an OSCP for all applications are that applicants of complex structures may also undergo one-time assessment and payment thus reducing their processing time even if the complete process is not subject to the 5 days’ standard. This arrangement will also solve any personnel deployment difficulties than if there were two arrangements, one for simple structures and the other for the rest. However, an OSCP for all applications would have to map out the document flow and monitor the process flow for simple applications subject to the JMC standards, particularly the 5 days standard. This is apart from those applications not considered as simple structures that are subject to the NBCP prescription that documents have to be released 15 days after payment has been made. The monitoring of two different types of applications can be done by providing a routing slip for each type of application, with corresponding time stamp monitoring per task. Proposed Lay-out. Figure 1 shows a proposed lay-out for an OSCP. A description of each of the areas follows. LGUs can decide its own design based on its circumstances as long as the process within is streamlined to ensure compliance with the required steps and processing time, among others. The streamlined process is largely enabled by the co-location of the BFP, the Assessor’s and Treasurer’s offices, and the transfer of agency clearances to post-permitting requirements. The proposed size of 120 sq. m. is calculated based on occupant load or the maximum number of persons allowed to occupy the particular structure.Thus, the size of the OSCP would vary based on this metric. A genuine One-Stop Shop would require a regulatory environment that required less licenses, approvals, permits or clearances at the national and local levels. The Philippines does not yet have such an environment. 12 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Construction Permits (OSCP) for Building Permit and Certificate Figure 1. Proposed Lay-out & Recommended Resource Complement for the One-Stop Shop for of Occupancy Processes Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 13
Description of Areas: 1. Area Visible to the Applicants - The area open and visible to the applicants is approximately 40 square meters, out of the total proposed OSCP area of 120 sq. m. The public area houses the frontline personnel in four (4) windows or desks which conform to the 4-step process in the JMC: • the Application Receiving Area where a Receiving Officer from the Office of the Building Official (OBO) or Building Permits Division (BPD), City/Municipal Engineer’s Office (C/MEO) reviews the applications for completeness as well as checks the BFP requirements prior to acceptance; • the Assessment Releasing Area where an OBO or BPD Officer-of-the-Day releases Orders of Payment; • the Payment Area where a LGU cashier, with a BFP Collecting Agent behind him/her, accepts and processes payments13 ; and, • the Releasing Area where a OBO or BPD Officer-of-the-Day releases the Building Permit or Certificate of Occupancy, and other clearances/certificates. In highly urbanized cities with a large number of construction related permits, additional windows may be designated for any of the four areas discussed above. Regarding the Payment Area. The two workstations in the Payment Area signify the colocation of the BFP and the LGU cashier but there should only be one interface in this window/ desk. This can be done by having the designated LGU cashier interact with the applicant, process the payment of the building/occupancy charges and fees, and then pass the OPs and payment to the BFP’s Collecting Agent who prepares the Official Receipt (OR) for the BFP fees. The OPs and the OR are then returned to the LGU cashier for release to the applicant. (This description is the case where there is no Memorandum of Agreement (MOA) between the LGU and the BFP on the collection of fees. (See section F. for an elaboration.) Having instead the Cashier and BFP interact with the applicant with their respective window or desk would count as two interfaces and thus, 2 steps. Applicant Assistance Function. The OBO/C/MEO or Building Permits Division Officer-of-theDay in the Permits Releasing Area can also answer questions of applicants on the procedure during the lean time in between releasing permits. Queuing System. A working, end-to-end queuing system is important in bringing order to the applications across the steps. The system should also be able to distinguish between the Building Permit and Certificate of Occupancy applications. The queuing monitors will show and emit a sound when a queue number is called. The queuing monitors can also track the progress of documents. 13 This is the case where the city/municipality has not been designated as collecting agent for the BFP. 14 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
2. Area for Backroom Operations - The area for Backroom Operations is proposed to be the remaining 80 sq. m. This is an enclosed area not accessible to the applicants and the general public. It houses the following areas: • Document Verification Area - where the LPDO, Assessor’s and Treasurer’s representative officers process the Locational Clearance, Tax Declaration, and verify the latest real property tax (RPT) payments • Plan Evaluation Area - where the OBO/C/MEO technical personnel encompassing the 7 disciplines evaluate the plans; the BFP also has an Evaluator who may stay here • Inspection and Evaluation Area - where the inspectors write their post-inspection reports in the Certificate of Occupancy and FSIC process • Assessment Area - where the Treasurer and the co-located BFP Assessor process the Order of Payments, respectively • Approval Area - where the BO/C/ME reviews, signs and approves the applications; approval by the City/Municipal Fire Marshal (C/MFM) in the Fire Station • Printing and Recording Area - where the OBO/C/MEO personnel print the Permits and Clearances, and records the documents for release • Archiving / Storage Area - where the OBO/C/MEO personnel archive the documents and where the Assessor’s Office and the BFP have storage areas • BFP Storage Room - for storage of BFP’s supplies and documents for transmittal to the Fire Station with a minimum of 10 sq.m. Personnel and Resource Complement with OSCP Functions. Table 7 enumerates the personnel and resource complement by function that is recommended to support the OSCP in both the Building Permit and Certificate of Occupancy processes. Another resource which is often critical to ensuring on-time inspections are vehicles (excluded from the Table as it is not also in the Figure of the OSCP Layout). The OBO is expected to provide the vehicles for the Joint Inspection Team. The number of vehicles will partly depend on the daily average number of structures that need to be visited and inspected, and the number of inspectors from the OBO/C/MEO, the Assessor’s Office and the BFP. Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 15 Counting of Processing Time The JMC sets a service standard of 5 working days maximum from the time that a complete application is submitted to the receipt of the Building Permit or Certificate of Occupancy, and other clearances. The BFP’s maximum processing time of 3 working days is part of the 5 days. In terms of calculating the processing time for monitoring purposes and to set the correct return dates, a “working day” is determined against a 24-hour period. Thus, if an application is submitted at 3 pm of that day, Day 1 would be from that time to 3 pm the following day. If after receiving the OPs the applicant does not proceed to payment, the counting of the processing time stops at the point of receipt of the OP. It resumes again when the applicant resumes the process by submitting the payment. The counting of the processing time of an application also stops at the point when the applicant does not return on the date stated on the claim stub, either to claim the OPs or the Building Permit or Certificate of Occupancy and other clearances.
A streamlined process, for the applicant and for the personnel involved in the OSCP, is the key OSCP principle. Thus, all LGUs, whether with many or few resources, need to do inter-office streamlining as part of the approach to implementing the JMC reforms. Internal streamlining begins with an analysis of the current process, steps, tasks, & its elements (i.e., applicant interface involved, processing time of each, documentary requirements, and forms used, etc.) using the process definitions of the JMC. This is followed by the generation of solutions. Streamlining a process involves reducing, eliminating, and/or merging existing steps, tasks, forms & documentary requirements. The JMC provides examples of solutions that used this approach: • creation of an OSCP, whether as a new or existing structure; • co-location in the OSCP of offices involved (BFP Zoning, Treasurer’s & Assessor’s Offices); • the transfer of agency and local clearances to post-permitting requirements; • standardized evaluation checklists; and, • the organization of a JIT. Operationally, LGUs with low applications per day and limited personnel can consider the following solutions that LGUs did when implementing the Business Permit For municipalities with low applications per day and limited personnel & resources, what OSCP principles are essential? ? & Licensing System streamlining reforms. Some of these are: • For the OSCP, use existing office space but re-arrange it to create an OSCP that includes offices currently being used, like the C/MTO’s payment area and the offices of the OBO/ C/ MEO. • This way, the C/MTO cashier in the OSCP payment area need not be relocated. However, this solution will need an efficient queuing system, manual or automated, that will either be a dedicated one for Building Permit & Cert. of Occupancy applicants or a common lane where applicants of different processes are called out through a public address mechanism or through a TV monitor. • For LGUs that do not have 4 personnel or 4 windows/desks, and have low volume of applications use the same personnel or the same window / desks for different steps. However, in doing so, remember that Step 1 takes the most time due to the review of submission. • IF the BFP truly cannot co-locate in the OSCP year-round, arrange for the BFP to come when an applicant is present, This is better than removing the FSEC and FSIC procedures out of the Building Permit and Certificate of Occupancy processes, as doing this would result in more steps. Q: A: 16 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Location No. of Personnel Computer Printer Photocopier Queuing Monitor/TV Others A. Public Applicant Transaction Area 1-2 Work Table for Applicants Seating Area 1. Application Receiving Area 1 1 1 scanner (optional) 2. Assessment Releasing Area 1 1 1 3. Payment Area 1 (LGU Cashier) 1 1 Money Fake Detector Vault/Cash box for Payments 4. Permit Releasing Area 1 (doubling with Applicant Assistance function) 1 1 Vehicles to inspect sites B. Backroom Operations Area 1-2 roaming OBO/C/ MEO staff to transmit documents & photocopy as needed 1 BFP Liaison Officer (mobile) 1. Document Verification Area 3 3 2. Plan Evaluation Area 8 (7 OBO, C/MEO; 1 BFP) 8 1 1 telephone 3. Inspection and Evaluation Area 8 4. Assessment Area 2 (OBO/BPD & BFP) 2 1 Calculators 5. Approval 1 (BO/C/ME) 1 1 1 telephone In Fire Station: 1 (C/MFM) 1 (C, FSES) 1 (Evaluator) 6. Payment Area 1 (BFP Collecting Agent) Money Fake Detector 7. Printing and Recording 1 1 1 1 scanner & shredder (optional) 8. Archiving / Storage 1 Filing cabinets TOTAL 33-34 LGU & BFP personnel 19 7 1 1-2 Table 7. Personnel and Resource Complement with OSCP Functions (recommended) Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 17
iii. thE stAnDARDs At-A-GlAnCE 18 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 19
B. Documentary Requirements JMC 2018-01 reduced the documentary requirements for Building Permit applicants. Table 8 lists the typical documents required of Building Permit applicants for simple structures and how these were streamlined in the JMC. Table 8. Change in Treatment of Required Documents Required Documents in the NBCP/ Fire Code of the Philippines / Local Gov’t Code of 1991 No. of Copies Required Documents in the JMC No. of Copies Application form (notarized) Not specified Maintained 4 copies Survey Plans, Design Plans & its related documents (see Table 6. Summary of Standards) 5 sets Maintained 4 sets Lot Plan with Site Plan 1 copy Maintained 1 copy TCT/OCT or Deed of Absolute Sale, or Lot Location Plan from LRA (if lessee, Contract of Lease) 1 copy Maintained 1 copy Tax Declaration 1 copy Maintained but need not be secured separately from the Assessor’s Office beforehand. Instead, it will be generated inside the OSCP. 1 copy Current Real Property Tax Receipt 1 copy Maintained but need not be secured separately from the Treasurer’s Office beforehand. Instead, it will be generated inside the OSCP. 1 copy Photocopy of Valid Professional Licenses 3 copies Notarized estimated value of the building/ structure to be erected as declared by the owner Barangay Clearance (as a prerequirement to securing a Locational Clearance) The Ease of Doing Business and Efficient Delivery of Government Services Act of 2018 authorizes the LGU to issue the Barangay Clearance Locational or Zoning Clearance (part of the Geodetic Documents) Not specified To be processed within the OSCP backroom thru co-location of the Zoning FSEC Office and BFP Certificates/Clearances from National Government Agencies & the LGU To be submitted 30 days (maximum) after the Building Permit issuance except for the Construction Safety & Health Program of the DOLE Affidavit of Undertaking; Deemed necessary given the submission of post-requirements within 30 days after the issuance of Building Permit 20 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 21
Failure to submit NGA or local requirements shall cause the suspension or revocation of the issued Building Permit within the prescribed period pursuant to Sections 305 & 306. The suspension or revocation is subject to appeal to the Secretary of DPWH pursuant to Section 307. **** For all projects, failure to submit the post-permit requirements can cause the non-issuance of the Certificate of Occupancy. What should the Building Official do if applicants fail to submit Q: the relevant NGA or local requirements after 30 days*? ? A: LGUs can still charge fees for these documents but these are to be included in the onetime assessment of fees. Thus, the OP that includes these fees are to be given to the applicant in Step 2. Since the processes for securing the Tax Declaration and the tax receipt have been merged within the OSCP backroom, can the LGU still charge a fee for the Tax Declaration and the Tax Receipt? ? Q: A: 22 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
C. Steps The JMC reduced the number of steps to four (4) for applications for simple structures. From the perspective of an applicant, these are: Step 1: Submission of Application Forms and Documentary Requirements; Step 2: Receipt of the Order of Payment; Step 3: Payment of Fees and Charges; and, Step 4: Claiming of the Building Permit. The proposed lay-out of the OSCP is designed to conform to these steps, with four windows or desks corresponding to each of the steps. D. Compliance Evaluation Sheet for Building Plan Review for Application of Building Permits One of the set of tasks under Step 1 is the simultaneous evaluation by the 7 technical personnel of the OBO/C/MEO. This is an important function of the Building Permit process. Its simultaneous occurrence is critical for the process to achieve the service standard of 5 days. The Compliance Evaluation Sheet for Building Plan Review for Application of Building Permits enables the timely conduct of this process. Its contents are based on the NBCP and have been customized according to the focus of evaluation. (See Annex C for the Compliance Evaluation Sheet for Building Plan Review for Application of Building Permits.) E. One-Time Assessment of Taxes, Charges & Fees Item 6.1.16 in the JMC describes the sub-process of the one-time assessment of taxes, fees and charges. Since the OSCP co-locates the offices of the LGU, the one-time assessment means that the fees associated with getting clearances related to the Building Permit application will be included in one Order of Payment with appropriate accounting codes of the Offices indicated, i.e. City/Municipal Development Office for the Locational Clearance and the Assessor’s Office for the certified true copy of tax declaration. For the BFP, there are two possible options. If the LGU and the BFP have signed a Memorandum of Agreement (MOA) which allows the LGU to assess and collect the fees for FSEC, then the OP can also include the BFP fees. However, if no such MOA exists, the BFP personnel will issue a separate OP reflecting the fees for FSEC. . Fire Code Construction Tax. The Fire Code Construction Tax for the issuance of FSEC shall be based on the estimated value of the building or structure declared by the owner or applicant duly notarized. However, in the event that the same is lower than the fixed cost of construction per square meter as provided by Table II.G.1 of the NBCP, the latter will be the basis of the Fire Code Construction Tax. As provided for in section 6.1.17 of the JMC, the OBO/C/MEO will return the application to the owner for revision, to reflect the higher assessment. Barangay Fees. RA 11032 also stipulates that “barangay clearances and permits related to doing business shall be applied, issued and collected at the city/municipality in accordance with the prescribed processing time in this Act…” In terms of LGU / BFP - applicant interface, “one-time” assessment means that the applicant had a face-to-face interaction in ONE window/desk with a public officer, usually from the LGU. In the context of on-line interfaces, it similarly means that there was a single interface with the assessment and/or payment applications. Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 23
F. One-Time Payment of Taxes, Charges & Fees and Release of Documents Item 6.1.19 stipulated a one-time payment of taxes, charges and fees. Its mode of implementation depends on whether there is a MOA with BFP or not. If the LGU has no MOA with BFP and two OPs were issued to the applicant, the applicant gives payments for both BFP and the LGU (in cash or check). The cashier of the LGU receives the payments and gives the amount due (or the check) to the BFP at the backroom. If the LGU has a MOA with BFP, the cashier receives both payments and remits BFP’s at a later agreed time period. In terms of LGU/BFP - applicant interface, “one-time” payment means that the applicant had a face-to-face interaction in ONE window/desk with a public officer, usually from the LGU. In the context of on-line interfaces, it similarly means that there was a single interface with the assessment and/or payment applications. The OBO/C/MEO is enjoined to issue the Building Permit and other ancillary permits, the Locational Clearance, FSEC, tax declaration, and the barangay clearance upon payment of the required fees by the applicant. This is an improvement over the NBCP provision, which allows the LGU to provide the applicant with the building and the ancillary permits 15 days after the payment of fees. Again, RA 11032 stipulates that barangay clearances and fees are to be collected at the city/municipality within the prescribed processing time in the Act. As with the BFP, this fee is to be part of one-time payment. The JMC also promotes online payment. (See Chapter VII on automation systems for LGUs that have implemented online payments.) With online payment, the documents can either be picked up or sent to the applicant for a fee. G. Signatories The JMC specifies that the Building Official shall sign and issue the Building Permit. Other clearances that are provided to the applicant as part of the Building Permit are actually signed by other officials, e.g., the City/Municipal Fire Marshal for the FSEC, the Zoning Officer for the Locational Clearance. The absence of such officials should not be a cause for breaching the standard on processing time for Building Permit evaluation. Section 9 of RA 11032 stipulates that “in case the authorized signatory is on official business or official leave, an alternate shall be designated as signatory.” Furthermore, the same law also proposes the use of electronic signatures or pre-signed licenses, permits, and certifications. H. Process Flow with Processing Time Figure 2 illustrates the process flow with the processing time that the various offices involved in the OSCP would take. The purpose of the illustration is to show how the streamlined process within the OSCP can be done within the service standard of 5 days. Thus, the process depicted assumes regularity and an application that is accepted and approved. Figure 2 shows a simultaneous process that is carried out manually in most of the tasks. For LGUs with automated systems, the flow and time involved may be shorter. LGUs can redesign based on their personnel requirements and other parameters. The process flow, lay-out and time breakdown of the various tasks by offices are recommendations that would enable LGUs to meet the processing time standard of 5 days’ time stipulated by the JMC. (The BFP’s processing time is part of the 5 days.) (The figures forwarding documents to the different areas do not represent distinct and separate individuals and should not be summed in terms of calculating personnel requirements. Instead, the same individual/s can be servicing the different areas. This staff complement would depend on the volume of applications. Table 7 gives a recommended personnel complement.) 24 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
figure 2. building Permits and fsEC Process flow with Processing time in the O sCP nO. legend: - refers to tasks tiME refers to the total time of the task or set of tasks beside the task no. Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 25
Table 9 explains the set of tasks that corresponds to the task number (numbers in square, bold boxes) in Figure 2. Users must read the Table from left to right per row, in sequence. Thus, the leftmost column gives a set of tasks and its total time; the middle column gives the office and function responsible for this set of tasks; and, the rightmost column lists, in sequence, the tasks involved and its input and output documents. In the middle column, when there is a time given in parenthesis, is the breakdown of the total time on the left. Unlike the process flow, Table 9 includes the tasks and output documents if the application process is ended prematurely and would have to be re-submitted. This would be for cases that are incomplete or have to be corrected. 26 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures Acronyms used in Figure 2 and Table 9 OBO / BPD (C/MEO) Office of the Building Official or Building Permits Division (under the City/Municipal Engineer’s Office) BFP CRO/Assessor Bureau of Fire Protection Customer Relations Officer / Assessor BLP Bureau of Fire Protection Liaison Personnel FSES Fire Safety Enforcement Section FSEC Fire Safety Evaluation Clearance FSC Fire Safety Checklist OPs Orders of Payment BO/ C/M Engineer Building Official / City/Municipal Engineer NOD Notice of Disapproval
Table 9. Sequence and Enumeration of Tasks & Input/Output Documents in Flow TASkS SEQUENCE & TOTAL TIME OFFICE & FUNCTION RESPONSIBLE TASkS of LGU & BFP PERSONNEL & INPUT/OUTPUT DOCUMENTS 1 30 mins. OBO / Bldg. Permits Division (BPD, C/MEO) Receiving Officer (Process Starts; Monitoring of Processing Time begins) Receives and checks for completeness of the filled-up forms (incl. Ancillary Permit Form/s) & Documentary Requirements (incl. the Plans) (Henceforth called “application set” in this Manual, the term includes the cumulative documentary outputs produced by the various tasks of the process) ► If the submission is complete: • Places a check mark on the appropriate box under the “Remarks” section of the Documentary Requirements Checklist for Bldg. Permit • Fills up the claim stub portion of the Checklist, including the LGU’s contact nos., detaches it & gives it to the applicant • Asks the applicant to sign in the logbook ► If the submission is incomplete: On the Documentary Requirements Checklist for Bldg. Permit • Places a check mark on the un-submitted requirements • Checks the box for “Incomplete Documents” under the “Remarks” section • Fills up the details below the box & asks the applicant to sign Returns the application & documents to the applicant for completion (Process Ends; Monitoring of Processing Time Ends. It begins again when the application is accepted for completeness.) On the routing slips, writes the time & date that the application was submitted that is the same as that written on the claim stub Attaches the routing slips Separates the received documents for proper distribution; and, forwards it Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 27
TASkS SEQUENCE & TOTAL TIME OFFICE & FUNCTION RESPONSIBLE TASkS of LGU & BFP PERSONNEL & INPUT/OUTPUT DOCUMENTS 2 20 mins. OBO / Bldg. Permits Division staff Distributes the forms, Documentary Requirements, and 1 set of plans to the offices in the Document Verification Area as well as 1 application form & 3 sets of plans to the BFP 3.a 5 hours & 30 mins. Document Verification Area (30 mins. for both): Local Treasurer’s Office (LTO) staff Local Assessor’s Office (LAO) staff (Simultaneous tasks of the LTO, LAO & LPDO) • Validates latest RPT payments; Forwards the Tax Receipt or communicates the lack thereof, & the corresponding charge for the service to OBO/BPD staff at Task 4 • Validates tax declaration; Sends tax declaration or communicates the lack thereof, & the corresponding charge for the service, to OBO / BPD staff at Task 4 (5 hrs.) Zoning/LPDO staff Evaluates land use thru desk review or undertakes preliminary site verification, as needed, thru a Joint Inspection Team (JIT) Note: If the application is obviously non-conforming to the land used following a desk review, the Zoning Office/LPDO will issue the result of its review to the applicant and inform the OBO/C/MEO. The OBO/ C/ MEO will inform the BFP, which will cease evaluating the application. (not in Figure) If the application is conforming, the Zoning Officer will include a presigned Locational Clearance 3.b 30 mins. BFP / CRO/Assessor (1 person doing two functions; the other as Assessor) (in OSCP) (Simultaneous w/ 3.a) Acknowledges in a BFP routing slip the receipt of 1 application form & the 3 sets of plans Records the details of the application in his/her logbook Forwards the documents to the BLP for transmittal to the Fire Station ► Plan evaluation can be done in the OSCP backroom depending on the availability of BFP personnel 4 20 mins. OBO / Bldg. Permits Division staff Collates documentary outputs from Verification Area (Tax Receipt, tax declaration & pre-signed Locational Clearance or, if non-compliant, the resulting communication), the forms, Documentary Requirements, and 1 set of plans Forwards these to the Plan Evaluation Area 28 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
TASkS SEQUENCE & TOTAL TIME OFFICE & FUNCTION RESPONSIBLE TASkS of LGU & BFP PERSONNEL & INPUT/OUTPUT DOCUMENTS 5 3 days OBO / Bldg. Permits Division Technical Officers Plan Evaluation Area (Simultaneous tasks of the OBO / BPD & the BFP) Evaluates the plans as to: ► Geodetic requirements ► Architectural requirements ► Structural requirements ► Plumbing/Sanitary requirements ► Electrical requirements ► Mechanical requirements ► Electronics requirements (2 days) BFP Liaison Personnel (BLP), mobile between OSCP & Fire Station, in cases where Plan Eval. is in Fire Station Transmits applications to the Fire Station ► Transmittal documents shall be done twice a day. ► Application filed on or before 11:30 AM shall be transmitted to the Fire Station before noon, while those filed on or before 3:00 PM shall be transmitted to the Fire Station before 3:30 PM. Forwards these to the Chief, FSES for designation of Building Plan Evaluator (BPE) ► This sub-process of plan evaluation and review, upon receipt of the forms by the BLP until the proper transmittal back to the OSCP of the processed applications, shall not exceed a period of two (2) working days Building Inspector (not in Figure) Undertakes preliminary site verification, as needed, thru a JIT Plan Evaluator Evaluates Plans & specifications, completes Fire Safety Checklist (FSC) on Building Plans Prepares either a FSEC or Notice of Disapproval (NOD) Chief, Fire Safety Enforcement Section (in Fire Station) Reviews findings and recommends action Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 29
TASkS SEQUENCE & TOTAL TIME OFFICE & FUNCTION RESPONSIBLE TASkS of LGU & BFP PERSONNEL & INPUT/OUTPUT DOCUMENTS Fire Marshall (in Fire Station) Signs the evaluated plans with the FSC Issues either a FSEC in case of approval, or NOD in case of disapproval If approved, assigns a control number of the FSEC Gives 3 sets of plans, including the 3 sets of FSC and FSEC, to the BLP for transmittal to the CRO at the OSCP ► In both cases of approval or disapproval, all 3 sets of Plans shall bear the name and signature of the Fire Marshal and shall be stamped either “APPROVED” or “DISAPPROVED.” It shall also indicate the Checklist number and date; FSEC number and date, as the case maybe. ► In both cases of approval or disapproval, 3 sets of Plans together with the FSC and the NOD will be forwarded to the OBO /C/MEO representative. One (1) copy of the NOD shall be kept by the Fire Station 6 20 mins. OBO / Bldg. Permits Division staff (20 min) Receives 3 sets of Plans including the 3 sets of FSC and FSEC/NOD Forwards application set to OBO/C/MEO in the Plan Evaluation Area to include BFP documentary outputs to the application set 7 20 mins. OBO / Bldg. Permits Division staff Forwards application set (incl. filled-up Compliance Evaluation Sheet for Building Plan Review & BFP outputs) to the Assessment Area 8 50 mins. Assessment Area (30 mins. for both functions) OBO / Bldg. Permits Division Staff Assesses the fees to be paid and issues an OP that will reflect either (1) a Filing Fee for non-compliant applications; or (2) Permits & Clearance Fees for compliant applications BFP CRO/Assessor Records in the logbook the transmittal of the documents with their details For compliant applications, assesses the Fire Code Construction Tax due to the owner/applicant in coordination with the OBO/BPD staff Note: This is to be done through sharing of information for purposes of determining whichever the higher value is; the higher value shall be the basis of assessment to be reflected in the OPs OBO / Bldg. Permits Division staff (20 mins) Forwards OBO /C/MEO, BFP, Zoning & other LGU OPs, as appropriate, and application set to BO 30 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
TASkS SEQUENCE & TOTAL TIME OFFICE & FUNCTION RESPONSIBLE TASkS of LGU & BFP PERSONNEL & INPUT/OUTPUT DOCUMENTS 9 30 mins. BO/C/M Engineer Reviews OP, evaluates plans & Compliance Evaluation Sheet for Building Plan Review & signs OP Forwards OPs, incl. the BFP OP, & application set to OBO/BPD staff 10 20 mins. OBO/Bldg. Permits Division staff Forwards OPs to Assessment Releasing Area For approved applications, forwards application set to Recording and Printing Area for printing For disapproved applications, forwards application set to Assessment Releasing Area for eventual release to the applicant (not in Figure) 11 30 mins. Assessment Releasing Area OBO / Bldg. Permits Division Releasing Personnel Has applicant sign the OBO/C/MEO & BFP logbooks signifying receipt (not in Figure) 12 30 mins. Payment Area Cashier Accepts payment and issues LGU’s ORs, in triplicate, depending on the type of payment made, and writes “PAID” on the claim stub form Gives Fire Code Construction Tax to BFP Collecting Agent Upon receipt of the BFP’s OR (see task below), gives the applicant the original copies of the ORs BFP Collecting Agent Receives the amount due for the BFP from the Cashier Issues the corresponding OR to the applicant through the Cashier and Keeps a copy of the receipt and records in his/her logbook the details of payment Not in Figure: Informs the BFP/CRO Assessor of the amount paid, OR number and date of payment to facilitate the recording on the FSEC and FSC of the details prior to their release 13 45 mins. OBO/Bldg. Permits Division staff Receives ORs from the Cashier & forwards it to the Printing/Recording Area Printing/Recording Area Recording Personnel Collates printed Clearances and Permits (see Task 10) Records & assigns corresponding Permit Number for BO/C/M Engineer’s signature BFP CRO/Assessor (Person symbol & adjacent tasks are not shown in Fig.) Receives the OR of the Fire Code Construction Tax & writes the details conveyed by the BFP Collecting Agent (see Task 12) Forwards the FSC & FSEC to Recording Personnel for collation Assessment Releasing Area OBO/ BPD Releasing Personnel (adjacent tasks are not shown in Fig. 2) Receives the OR for Filing Fee from the OBO / BPD staff Has applicant sign the FSC Releases the application set with the Compliance Evaluation Sheet for Building Plan Review, FSC & the NOD to the applicant Has applicant sign the OBO/C/MEO & BFP logbooks signifying receipt (itemize in the logbook the documents received by the applicant) Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 31
TASkS SEQUENCE & TOTAL TIME OFFICE & FUNCTION RESPONSIBLE TASkS of LGU & BFP PERSONNEL & INPUT/OUTPUT DOCUMENTS 14 15 mins. Approval Area BO/C/M Engineer Signs the Bldg. & Ancillary Permits 15 15 mins. Approval Area Printing & Recording Area Recording Personnel Collates the signed Bldg. Permit, Locational Clearance, and Tax Declaration Collates the FSEC & FSC & records details on it (see Task 12 of BFP Collecting Agent), Forwards these to Releasing Area BFP CRO/Assessor (Person symbol & adjacent tasks are not shown in Fig. 2) Keeps a record in his/her logbook of the details of the documents to be released as well as the details of payment Secures a copy of the approved/issued Building Permit & attaches it to the remaining set of plans Records the control numbers of the FSEC & the Building Permit & the date of release Endorses the documents to the BLP for transmittal back to the Fire Station for proper filing 16 30 mins. Releasing Area OBO / Bldg. Permits Division (Officer of the Day) Receives & validates the claim stub of the applicant Releases to the applicant the Bldg. Permit, 1 set of FSEC & FSC, Locational Clearance, and Tax Declaration Has applicant sign the OBO/C/MEO & BFP logbooks signifying receipt (itemize in the logbook the documents received by the applicant) Has applicant sign the FSC (Monitoring of processing time ends.) 17 (no time allocation) OBO/ Bldg. Permits Division Archives staff Archiving / Storage Area Archives the issued/released Bldg. Permit, clearances & other documents for documentation OBO / Bldg. Permits Division Recording Personnel Printing & Recording Area Provides copy of Building Permit, 1 copy of FSEC , & 1 copy of signed FSC to BFP/CRO Assessor Distributes to OBO/ C/MEO and the Zoning Office 1 approved Plan each 32 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures
If the LPDO & the OBO / Building Permits Division deem an inspection necessary, it can have the site inspected at the same time as the submissions are being evaluated. However, inspections are part of the standard processing time of 5 days. Q: Are inspections part of the Building Permit issuance process? ? A: The simultaneous review by the different offices involved will allow the applicant to know all the deficiencies of the application in one visit or transmittal of information. This saves time on the applicant’s part. Why is the distribution of the complete application simultaneous to the offices involved in document verification & plan evaluation? Shouldn’t the LPDO and OBO-Architectural review it first in case there are deficiencies in the application? ? Q: A: Yes, as long as it meets the JMC standards, particularly the 5 days’ processing time. However, based on the TWG simulations (showed in Figures 3 and 4), it is only the mostly simultaneous process than can meet the 5 days’ standard. Can LGUs follow a sequential process rather than a Q: simultaneous process of evaluation? ? A: Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 33
34 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures Documentary Requirements Checklist & Claim Stub form. The OBO/C/MEO shall issue a Documentary Requirements Checklist so that the applicants will be guided on the requirements needed for applying for a Certificate of Occupancy. A claim stub form is detachable from the Documentary Requirements Checklist. The claim stub will be filled-up and given to the applicants by the Receiving Officer upon acceptance of the complete application so that the applicants will be guided when to claim the Order of Payment (OP) and subsequently, the Certificate of Occupancy. The form of the claim stub shall be made consistent with the requirements of RA 11032. See Annex D for the template. Following RA 11032, the Receiving Officer is expected to perform a preliminary assessment of the application and the supporting documents. S/he shall then inform the applicant of any deficiency in the submission. Refusal to accept an application with complete documentary requirements without due cause is considered a violation under Section 21 of RA 11032. The new law further requires the assignment of a unique identification number to an application which shall be used for all subsequent transactions regarding the said application. The claim stub can serve as the acknowledgment receipt required in RA 11032 which should contain: (a) the seal of the LGU; (b) the name of the responsible officer or employee; (c) the unit where the employee belongs and his/ her designation; and (d) the date and time of receipt of the application or request. Application Form for Certificates of Occupancy The JMC prescribed a pre-formatted Application Unified Form (UAF) for Certificate of Occupancy applications. The BFP’s information needs are also met by the copy of the form that it will receive in the internal distribution of forms in the OSCP. However, the prescribed UAF is still being approved by the DPWH as of July 2019. Thus, the existing Forms shall be used by the OBO/C/MEO, pending the issuance of the UAF. Need for a Special Power of Attorney (SPA). If the applicant is applying for a corporation, a SPA should be attached to the form. On-line Forms and Fillable Format. The JMC encourages LGUs to make the forms specified in the Documentary Requirements Checklist available for download in the LGU’s official website and in a format that allows applicants to fill in their details. Accessibility of all Forms. The LGUs should ensure that hard copies and on-line versions of all forms required prior to submission are easily available year-round. Section 7.1 of the JMC further stipulates that LGUs should make the Documentary Requirements Checklist available in conspicuous places and in their websites.
Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures 35 Required Documents (JMC 2018-01 & as reconciled with RA 11032) ► Three (3) copies of the Certificate of Completion using the form in Annex E, that is: • duly notarized; • signed by the owner/applicant; and, • signed & sealed by the duly licensed Architect or Civil Engineer in-charge of construction, together with approved plan and specifications ► One (1) copy of the construction logbook ► One (1) photocopy of the valid licenses of all involved professionals (e.g. Professional Tax Receipt and the Professional Regulation Commission identification card) ► Photograph of the completed structure showing front, sides, and rear areas ► Filled-up Application Form for Tax Declaration ► For CFEI Application: • Yellow Card issued by Electrical Service Provider Following the principle of efficiency and customer-centric service, copies of documents and clearances that are within the LGU’s files should not be required again. Instead, there should be a system of information sharing across the LGU’s offices. In cases when there are changes in the approved building plans, three (3) sets of the As-Built Plan are required to be submitted as an additional document to the OBO/C/MEO, reflecting all the changes/modifications/alterations/amendments made. Return of the Documents. If there is an alteration made by the applicant, the application will be returned to the applicant and he/she will start with the Step 1 procedure again. B. Documentary Requirements Table 10 enumerates the documentary requirements for Certificate of Occupancy applications. Table 10. Required Documents for Certificate of Occupancy Applications C. Steps The JMC reduced the number of steps to four (4) for applications for simple structures. From the perspective of an applicant, these are: Step1: Submission of Application Forms and Documentary Requirements; Step 2: Receipt of the Order of Payment; Step 3: Payment of Fees and Charges; and Step 4: Claiming of the Certificate of Occupancy The layout of the OSCP should allow a four-step process for securing a Certificate of Occupancy.
36 Streamlining Processes for Building Permits and Certificates of Occupancy for Simple Structures D. Processing Time Item 6.2.12 of the JMC states that “the different offices at the OSCP, functioning as one unit, shall evaluate all applications for Certificate of Occupancy of simple structures, which include applications for CFEI and other related certificates, within a maximum period of five (5) working days from receipt of the form with complete documentary requirements.” This standard includes the inspection of the structure as required in the Building Code and the Fire Code of the Philippines and as practiced by the Assessor’s Office as part of the application for a new Tax Declaration for new buildings/structures. Fixed schedule of Joint Inspection Team (JIT). Inspection can be done on the 1st day or 2nd day. • Applications received until 1 pm: Inspection will be the afternoon of the same day • Applications received after 1 pm: Inspection will be the following morning If the applicant is not available for the inspection, the applicant has the option to reschedule but the count of processing time stops. The BFP shall process the Fire Safety Inspection Certificate (FSIC) within a maximum period of three (3) working days that is part of the 5 day standard. Applications with deficiencies shall be issued a comprehensive correction sheet and/or notice of disapproval stating all deficiencies. E. One-Time Assessment of Taxes, Charges, & Fees Since the OSCP co-locates the offices of the LGU, one-time assessment means that fees and charges associated with the application for Certificate of Occupancy by different LGU offices will be included in one Order of Payment with appropriate accounting codes of the offices indicated, for example, (a) the OBO/C/MEO for applications for Certificate of Occupancy and the CFEI and (b) the Assessor’s Office for the issuance of a new Tax Declaration. For the BFP, there are two possible options. If the LGU and the BFP have signed a MOA which allows the LGU to assess and collect the fees for FSIC, then the OP can also include the BFP fees. However, if there is no MOA, the BFP personnel co-located in the OSCP will issue a separate OP reflecting the fees for FSIC. The two OPs shall be issued to the applicant at the same time, as per JMC item 6.2.13. On the assessment of fees, the OBO/C/MEO and BFP in the backroom will assess the fee in sequence; that is, the OBO/C/MEO assesses first, followed by the BFP CRO/Assessor. This is because the basis for FSIC is 10% of what is paid by the applicant to the LGU, with a maximum amount of P50,000 as stipulated in the Fire Code. In the computation of the BFP fee, surcharges unrelated to occupancy are excluded in the computation. Filing Fee. The OBO/C/MEO and the BFP may collect a filing fee, in addition to the NBCP and FCP prescribed fees/charges, to cover the cost incurred in evaluating applications for Certificates of Occupancy and FSIC, the setting of which shall follow the guidelines for setting fees and charges issued by the Bureau of Local Government Finance. In terms of LGU/BFP - applicant interface, “one-time” assessment means that the applicant had a face-to-face interaction in ONE window/desk with a public officer, usually from the LGU. In the context of on-line interfaces, it similarly means that there was a single interface with the assessment and/or payment applications.