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Philippine Architecture Laws Guide

The document discusses several laws related to the practice of architecture in the Philippines, including: - The Architects Law and National Building Code, which govern the architectural profession. - Building and planning laws such as the National Building Code, Accessibility Law, Fire Code, subdivision law, and socialized housing laws. - Other relevant laws such as the BOT Law, Environmental Law, and HLURB guidelines. The document then provides more details on specific architectural design standards, building codes, and construction-related laws in the Philippines.
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© © All Rights Reserved
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Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
137 views81 pages

Philippine Architecture Laws Guide

The document discusses several laws related to the practice of architecture in the Philippines, including: - The Architects Law and National Building Code, which govern the architectural profession. - Building and planning laws such as the National Building Code, Accessibility Law, Fire Code, subdivision law, and socialized housing laws. - Other relevant laws such as the BOT Law, Environmental Law, and HLURB guidelines. The document then provides more details on specific architectural design standards, building codes, and construction-related laws in the Philippines.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Professional

Practice Prepared by:


Ar. Ana Tazula U.Carvajal
Professional Practice Coverage
The Architects Laws:
– An overview on the architectural profession;
– Governing laws in the practice of Architecture and the National Building Code;
– An overview on the Architecture Act of 2004;
– the PRC modernization Act 0f 2000, pertinent Resolutions;
– Civil Laws such as the Intellectual Property Law in view of Architectural Practice in the
Philippines. 

The Building and Planning Laws:


– The National Building Code of the Philippines and its IRR
– Accessibility Law
– Fire Code of the Philippines Condominium  Subdivision Law
– Socialized Housing Project
– Accessibility Law
– Fire Code of the Philippines, 

Other Laws related to the practice of Architecture:


Various Laws affecting the profession: BOT Law; Environmental Law; HLURB
Guidelines and IRR's and other applicable resolutions.
LAWS THAT AFFECTING THE PRACTICE OF
ARCHITECTURE
 Architectural design standards, building and
construction-related laws and their IRR:
Presidential Decree (P.D.) No, 1096 : The 1977 National Building Code of the Philippines (NBCP)

PD 1096_2004 Revised IRR

R.A. No. 8293 : 1997 Philippine Intellectual Property Code

The Philippine Civil Code, particularly Article 1723 on the civil liability of RLAs

R.A. No. 9285 : The 2004 Alternative Dispute Resolution (ADR) Act

Executive Order (E.O.) No. 1008 : The Construction Industry Arbitration Law

Build-Operate-Transfer (BOT) Law

R.A. No. 9184 : The Government Procurement Reform Act of 2003

E.O. No. 278 : Practice of Architecture and Related Consulting Services for Foreign-Assisted Projects and its IRR
and Guidelines

Laws on real estate and subdivisions :P.D. No. 957 and its 2001

Laws on housing and human settlements: Batas Pambansa (BP) 220 and its 2001 IRR
MEDIATION "Mediation" means
a voluntary process in which a
mediator, selected by the
disputing parties, facilitates
communication and negotiation,
and assist the parties in
reaching a voluntary agreement
regarding a dispute. ”
(R. A. 9285, Sec. 3)
Procurement law is the area of law that deals with the
purchasing of goods, services, or project construction.No
government Procurement shall be undertaken unless it is in
accordance with the approved Annual Procurement Plan of
the Procuring Entity. The Annual Procurement Plan shall be
approved by the Head of the Procuring Entity and must be
consistent with its duly approved yearly budget.
Where Filipino capability is determined by appropriate authorities to be
insufficient, Filipino consultants may hire or associate themselves with
foreign consultants, provided that the Filipino shall be the lead
consultant.
REGULATING THE SALE OF SUBDIVISION LOTS AND
CONDOMINIUMS, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.

he primary purpose of this decree is to protect the buyers of


condominium projects and subdivision developments against
misrepresentations and fraudulent activities and
misrepresentations of developers, sellers and operators.

Some developers will coat their words with flowery


descriptions of how their projects have top-notch amenities
and unmatched aesthetics, functionality and convenience. But
then just turn out to deliver short on their promises when the
project is finished.
Socialized housing refers to housing program and projects covering houses
and lots and homelots only undertaken by the government or the private
sector for the underprivileged and homeless citizens

Under the price ceiling law, the price for a 22-square-meter socialized horizontal
housing unit was P480,000. A 24-sq.m. property cost P530,000 and a 28-sq. m.
unit, P580,000.

Socialized vertical housing in the National Capital Region cost P700,000 for a
22-sq.m. unit, and P750,000 and P600,000 for 24-sq.m and 22-sq.m. units,
respectively.

The socialized housing is payable for up to 30 years, with monthly


amortization ranging from P600 to P800.
 Architectural design standards, building and
construction-related laws and their IRR:
PD 1185: Fire Code of the Philippines

BP 344: Accessibility Law

Philippine Electrical Code

Plumbing Code of the Philippines

Sanitation Code of the Philippines

Environmental Laws, e.g. Clean Air, Water and Solid Waste Management Act

National Structural Code of the Philippines

Other professional regulatory laws (PRLs)


• R.A. No. 1582: Amended Civil Engineering Law of 1956, particularly its Sec. 24;
• R.A. No. 8534 : Interior Design Law of 1997 and IRR; and
• P.D. No. 1308 : Environmental Planning Law/RA 10587
Development Controls
• Development Controls are various Limitations present in a
construction project, which mainly discuss in Rules 7 &8 of
NBCP. Defined as set of inter-acting regulation concerning
the physical utilization of a lot and governing
WIDTHthe planning
and designing of spaces and/or use of building occupancy to
be introduced in a lot. YARD SETBACK
A. TLA = L X W
B. Setback and yard
C. PSO = AMBF/TLA

LENGTH
BUILDING
D. AMBF = PSO X TLA OR
AMBF=TLA-YARD AREAS
E. TOSL = USA + ISA
F. ISA AMBF/PSO YARD SETBACK
G. USA
H. MACA TOSL MACA
SAMPLE QUESTIONS
According the NBCP in Rule 12,what is
the occupant load factor of a
warehouse?

a.1.40 sqm b. 1.80 sqm c. 9.30 sqm d. 28.00 sqm


According the NBCP in Rule 12,what is
the occupant load factor of a
warehouse?

a.1.40 sqm b. 1.80 sqm c. 9.30 sqm d. 28.00 sqm


What is the minimum dimension of a
standard truck or bus parking/loading
slot_____, according to NBCP?
a.2.15 x 6.00 m b. 2.40 x 5.00 m c. 3.60 x 12.00 m d. 3.60 x 18.00 m
What is the minimum dimension of a
standard truck or bus parking/loading
slot_____, according to NBCP?
a.2.15 x 6.00 m b. 2.40 x 5.00 m c. 3.60 x 12.00 m d. 3.60 x 18.00 m

Trucks/ Buses -
3.6m x 12m
a) diagonal/
perpendicular Articulated Trucks -
parking- 3.6m x 18m
2.0m x 5.0m
Jeepneys/ Shuttles -
b) parallel parking - 3.0m x 9.0m
2.15m x 6.0m
An applicant for the licensure examination for
architects holding a Master’s Degree in
Architecture shall be credited how many years
in his/her practical experience?

a. 2 years b. 1 year c. 6 months d. None


An applicant for the licensure examination for
architects holding a Master’s Degree in
Architecture shall be credited how many years
in his/her practical experience?

3. a. 2 years b. 1 year c. 6 months d. None of the above


Under the NBC, a lot with 2 property
lines that are opposite each other that
is accessible by a street or road is a
_____?

a. Corner lot b. Inside lot c. Through lot d. Corner-through lot


Under the NBC, a lot with 2 property
lines that are opposite each other that
is accessible by a street or road is a
_____?

a. Corner lot b. Inside lot c. Through lot d. Corner-through lot


The maximum rise and minimum run
of a stairway under the general design
requirements of the NBC is?

a. 220mm & 240mm c. 200mm & 250mm


b. 250mm & 300mm d. None of these
The maximum rise and minimum run
of a stairway under the general design
requirements of the NBC is?

a. 220mm & 240mm c. 200mm & 250mm


b. 250mm & 300mm d. None of these
PROFESSIONAL PRACTICE 2:
ADMINISTERING THE REGULAR
SERVICES OF THE ARCHITECT
ARCHITECT’S NATIONAL CODE
THE ARCHITECT’S CODE OF ETHICS
“GISRIP”, “BBCC”
• G-eneral Objectives                    
• I-deals 
• S-uccess
• R-emuneration
• I-nterest of the Client 
• P-rofessional Prerogative  
                                    
• B-usiness 
• B-ehavior                             
• C-riticism                    
• C-reative Endeavor 
SPECTRUM OF THE ARCHITECTS SERVICES

• UAP Doc 201: Pre-Design Services


• UAP Doc 202: Design Services: Regular Architectural
Services
• UAP Doc 203: Specialized Allied Services
• UAP DOC 204: Construction Services
• UAP Doc 205: Post-Construction Services (Maintenance
and Administration)
• UAP 206: Comprehensive Architectural Services (Scope
from UAP Doc 201 to 205)
• UAP 207: Design-Build Services
UAP Doc 201 Pre-Design
Services
“EPASSSSP” - NON CREATIVE –
no design and construction 1.    Percentage of Construction
2.    Multiple Direct Personnel Expense
1. E-conomic Feasibility Studies 3.    Lump Sum/ Fixed Fee
2.  P-roject Financing 4.    Per Diem Plus Reimbursable Expense
5.    Combination (mixed method of compensation)
3.  A-rchitectural Programming
6.    Professional Fee and Expenses
4.  S-ite Selection and Analysis* 7.    Turn Key  
5.  S-ite Utilization and Land-Use Others: Unit cost method, Value added
Studies* Pricing/Percentage of Gross Rentals , Retainer
6.  S-pace/Management Studies Reimbursable Expenses
7.  P-romotional Services   Conditions: 
1.    Pertinent to the Project
* Must be EnP, Environmental Planner
2.   Must occur within 100 K = radius
3.    Mutual agreement  
Schedule of Payments

Multiple of Direct Personnel Expenses


CONTRACTOR
This cost-based method of compensation is applicable only to 1. Down payment - 20 – 50% of Project
non-creative work such as accounting, secretarial, research, data Cost
gathering, preparation of reports and the like 2. Progressive Billing – based on
percentage of completion (not more than 1
month)
3. Final Billing/Payment - 98% Complete
4. Guarantee Bond – enforced for 1 year
ARCHITECT
1. Proposal Fee – 5%
2. Schematic Design – 15%
3. Design Dev’t -- 20%
4. Contract Docs -- 50%
5. Retention -- 10%
= Liability 5%,Supervision 5%
SPECIALIZED ALLIED SERVICES (SAS)
1. Proposal Fee – 5%
2. Prelim Drawings - 25%
3. Final Drawings - 50%
4. Retention - 20% = 3 months after
Direct cost = AN + CN + TN the acceptance of the Architect
Fee = Direct Cost x M
Total Cost of Service charged to Client = Fee + R
Compute the Recommended Professional Fee of the Architect in
the following scenario:

1. The Architect has 10 office staff ( with varied work designation and wage rate) who worked on the
feasibility study of the project ad did some scholastic researches. The work lasted for 44 days. Compute
the collectible sum of the architect from the client based on current wage rate (April 2022) in
Baguio-Benguet area. Provide a detailed and convincing computation.

2. The Architect was sent to China to attend a Construction Convention by the client. The cost incurred are
as follows:
• - Seminar fee - 30,000
• - Travel Expenses - 18,000
• - Food and Accommodation - 22,000
• - Other necessary expenses - 6,000

If you are the Architect, how much in total will you ask from the client? Provide a clear and convincing
breakdown of expenses and professional fees.

3. Assuming you are tapped by the government as a special consultant on a proposed project. You
travelled to and from Baguio City to the project in Davao City for once every two weeks. The project is a
Convention Center. You have been working with them for 30 days already doing some consultancy tasks.
However, they let you go for some reasons. Provide a convincing billing to the government.
“PWSP” “SDCC” - Sequential

1.    P-reliminary Design/S-chematic Design


2.    W-orking Drawings/D-esign Dev’t Phase
3.    S-pecifications and Other Contract
Documents/C-ontract Documents*
4.    P-art-Time Supervision/C-onstruction
UAP Doc 202 Phase*   *Under Contract Doc. Phase (Refer to UAP
Design Doc 301 General Conditions of a Contract) 
Services:
Regular
Architectural
Services
“GASSD”
  1.    G-eneral Conditions – Execution, Intent – satisfaction to finish the
proj., Correlation
2.    A-greement
3.    S-pecifications
4.    S-pecial Provisions
5.    D-rawings   *Under Construction Phase
Important Milestones of Construction

“RERCF”
1. R-eference – Horizontal, 5 M’s of Construction
Vertical 1.    M-achines
2. E-xcavation – min. depth .60m
until stable – w/ signature of the 2.    M-oney
Architect, must have a permit 3.    M-anpower
3. R-ebars 4.    M-aterial
4. C-oncreting
5. F-inishes – Mock up (samples)  5.    M-inutes  
PROJECT CLASSIFICATION (OLD)
UAP – degree of difficulty/complexity of design FCP – risk of occurrence of Fire NCP – use and
occupancy   ARCHITECTURAL PROJECTS (SCHEDULE OF MINIMUM BASIC FEE)  “SMERM” “RHEAC”
PROJECT CLASSIFICATION (NEW)
• GROUP 1 GROUP 2
PROJECT CLASSIFICATION (NEW)
• GROUP 3 GROUP 4
PROJECT CLASSIFICATION (NEW)
• GROUP 3 GROUP 4
PROJECT CLASSIFICATION (NEW)
PROJECT CLASSIFICATION (NEW)
PROJECT CLASSIFICATION (NEW)
UAP Doc 203 Specialized Allied Services ( 
“PILAC” )

Civil works (preparation of detailed engineering drawings and specifications, roads, drainage, sewerage, power
and communication) – 4% cost of the development  
UAP DOC 204 Construction Services
“FCP”
1.    F-ull Time Supervision –
Team or Individual, Quality
Control, Evaluation, Records –
Basic Salary if Architect 1-
1.5% 
2.    C-onstruction
Management – CM - Team or
Individual, Time and Cost
Control, Coordination and
Supervision – 1.5 – 3% of
Construction Cost   
3*.  P-roject Management
– PM – 2 – 5% (Refer to UAP
Doc 206 Comprehensive
Architectural Services)  
UAP Doc 205 Post-Construction Services
(Maintenance and Administration)
1. BE – Building and Equipment
Maintenance   If the building is Safe
and habitable – will issue – Certificate
of Occupancy Good working condition
and properly maintained  
2.    BG – Building & Grounds
Administration  Billing of Tenants
• Security and Janitorial Services Method of Compensation (BG)Fixed Salary Basis – monthly
Percentage of Gross Rentals – 4-6%
(Monitoring)
• Local Ordinances
UAP 206 Comprehensive Architectural Services (Scope from
UAP Doc 201 to 205)  
• The Project Manager – PM – 2 - 5% of Estimated Project Cost,
Combination Methods if performs in regular Architectural Services for
the same project – will compensate separately.  

Basic Functions
a.    Operates as a member of Owner-Architect-Engineer-Contractor b.    Contractor
– men and equipment, project delivery as per contract, Owner – funds are
available to complete project w/in budget estimates c.     Plan, Program, Monitor
activities, Adviser of material cost and Construction methods, Exercise Overall cost
control.
Detailed Functions
a.    Pre-Construction Phase b.    Construction Phase    
UAP 207 Design-Build Services
Method of Project Delivery
1. DBA Design-Build Services by Administration - 7% of Proj. Const. Cost  
• Proj. Const. Cost. in addition to Architects fee for Regular Design Services (UAP 202) 
• 10% (if residential proj.) + 7% = 17%  

2. DBGMC Design Build by Guaranteed Maximum Cost  
a.    Lump Sum
b.    If the cost is exceeded by not more than 10% it is divided = bet. Architect and Client.  
However, if the excess is more than 10% the Architect pays for all extra cost of the10%  
UAP Doc 208 Selection of the Architect & Methods of Compensation  
• Direct Selection  Indirect Referral from satisfied client
• Recommendation form another Architect
• Comparative Selection

3.    Design Competition   Methods of Compensations (Refer to UAP Doc 201 Pre-Design Services)


Introduction to UAP Document 301 –
General Conditions;
Section 1; Definitions,
Section 2: Laws, Regulations, and Site Conditions,
Section 3: Equipment and Materials,
Section 4: Premises and Temporary Structure,
Section 5: Protection of Work and Owner’s Property,
Section 6: Labor, Work and Payments,
Section 7: Contractor-Separate Contractor-Sub-Contractor
Relationship,
Section 8: Suspension Of Work And Termination Of The
Contract,
Section 9: Responsibilities And Liabilities Of Contractor And Of
Owner).
Section 1
1. Establishes the relationship bet:
• Architect and Client
• Contractor and Client
• Architect and Contractor
2.    Establishes the norms of conduct must have an
Architect; must have an Engineer
its “Conditions”

3.  Current Standards of the Practice whether in DESIGN


and CONSTRUCTION   Section 1 – Definition of Documents
(Glossary of Terms)  
Section 2 – Laws Regulation
a.    Site Conditions
b.    Permits
c.     Taxes
d.    Royalties
e.    Patents
f.     Surveys  
Section 3 – Equipment Materials “Quality
and Quantity”
Section 4 – Premises Temporary Facilities
“TEMPACIL”*
a.    Office – bedroom for Architect b.    Quarters –
for staying workers c.     Warehouse – storage
d.    Accessway – roadways, bridge, hoist (elevator)
e.    Enclosure
f.     Signage
g.    Trial usage   *contractors' expense  

SOURE: http://philarchitecturenotes.weebly.com/reviewer-for-spp-and-architects-code.html
Section 5 – Protection
• a.    Property (work area)
• b.    Adjacent Property and Existing Utilities
c.     Life, work, and Property during emergencies  
Section 6 – Labor, Work, and Payments
Labor – characteristics/quality No. /quality, no. of workers signed by YOU   
Work – duration and deadlines; if delay P20,000 per day.  Liquidated
Damages = 0.01 of the Contract Sum “by the government”    
Payments
 Contractor
1.    Progressive Billing – partial % of Completion
2.    Request for inspection   Architect will issue (if accept) a.    Certificate of
Acceptance
b.    Certificate of Payment – Owner for payment – pay or not pay
c.     If 65% completion – the contractor will issue of non-financial obligation
(certificate)
Section 7 Relationship bet. Architect and
Sub-Contractor
5 copies of Drawings to: 
a.    Contractor
b.    Owner
c.     Office of the Building Official (OBO)
d.    Fire Dept.
e.    Site   Laws Affecting Real Estate Housing,
SAMPLE PROBLEMS
Which of the following may the owner NOT do?

A. Stop work if the contractor’s performance in not satisfactory or in variance with the
contract documents.

B. Carry on the work and deduct costs normally due to the contractor for these
corrections.

C. Stop the work if the Architect reports safety problems on the site.

D. Refuse, with good cause, to give the contactor proof the owner can meet the
financial obligations of the project.
Which of the following may the owner NOT do?

A. Stop work if the contractor’s performance in not satisfactory or in variance with the
contract documents.

B. Carry on the work and deduct costs normally due to the contractor for these
corrections.

C. Stop the work if the Architect reports safety problems on the site.

D. Refuse, with good cause, to give the contactor proof the owner can meet the
financial obligations of the project.
The standard owner-architect agreement separates the
architect from the contractor with what?

A. DUTIES TO THE CONTRACTOR


B. PRIVITY
C. ARCHITECT’S SERVICES
D. THIRD PARTY RELATIONSHIP
The standard owner-architect agreement separates the
architect from the contractor with what?

A. DUTIES TO THE CONTRACTOR


B. PRIVITY
C. ARCHITECT’S SERVICES
D. THIRD PARTY RELATIONSHIP
What is used to encourage the contractor to finish the job or
to satisfy mechanics lien claims by sub-contractors?

A. RETAINAGE

B. FIXED LIMIT

C. SURETY BOND

D. LIQUIDATED DAMAGES
What is used to encourage the contractor to finish the job or
to satisfy mechanics lien claims by sub-contractors?

A. RETAINAGE

B. FIXED LIMIT

C. SURETY BOND

D. LIQUIDATED DAMAGES
A project is about 60 percent complete when the owner begins receiving field reports from the
Architect stating that the contractor is failing to properly supervise the job, resulting in incorrect
work. After several weeks of this, The owner becomes worried and asks the Architect what to do.
What should be done if the work is being performed under the terms and conditions of the
BUILDING CONTRACT?

A. After receiving the Architect’s field reports, the owner should stop the work and arrange for a meeting
between the owner, Architect and the contractor to determine the cause of the problems and what the
contractor intends to do. If the contractor does not correct the work, the owner should carry out the work
with other contractors and deduct the cost by change order from the original contractor’s construction cost.

B. The Architect should recommend that the owner give the contractor written notice of non-conformance
with the contract documents and if, after seven days the contractor has not begun corrective measures,
terminate the contract.

C. The Architect and owner should discuss the problem to see if the owner would be willing to accept it in
exchange for the reduction in the contract sum. If not, the owner should give seven days written notice to
terminate the contract and find another contractor to finish the job.

D. The Architect should, with the owner’s knowledge, reject non-conforming work and notify the contractor
that it must be corrected promptly. The Architect should remind the owner that the owner can have the work
corrected after giving the contractor two (2) seven day written notices to correct the work.
A project is about 60 percent complete when the owner begins receiving field reports from the
Architect stating that the contractor is failing to properly supervise the job, resulting in incorrect
work. After several weeks of this, The owner becomes worried and asks the Architect what to do.
What should be done if the work is being performed under the terms and conditions of the
BUILDING CONTRACT?

A. After receiving the Architect’s field reports, the owner should stop the work and arrange for a meeting
between the owner, Architect and the contractor to determine the cause of the problems and what the
contractor intends to do. If the contractor does not correct the work, the owner should carry out the work
with other contractors and deduct the cost by change order from the original contractor’s construction cost.

B. The Architect should recommend that the owner give the contractor written notice of non-conformance
with the contract documents and if, after seven days the contractor has not begun corrective measures,
terminate the contract.

C. The Architect and owner should discuss the problem to see if the owner would be willing to accept it in
exchange for the reduction in the contract sum. If not, the owner should give seven days written notice to
terminate the contract and find another contractor to finish the job.

D. The Architect should, with the owner’s knowledge, reject non-conforming work and notify the
contractor that it must be corrected promptly. The Architect should remind the owner that the owner
can have the work corrected after giving the contractor two (2) seven day written notices to correct the
work.
Which of the following are part of the contract documents?
I. An addendum
II. A change order
III. Special supplementary
IV. The contractor’s bid
V. A written amendment condition

A. I, III, and V

B. I, II, III, and V

C. II, III, IV, and V

D. all of the above


Which of the following are part of the contract documents?
I. An addendum
II. A change order
III. Special supplementary
IV. The contractor’s bid
V. A written amendment condition

A. I, III, and V

B. I, II, III, and V

C. II, III, IV, and V

D. all of the above


Thanks!

Goodluck on your exams!

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