Overview

In the Philippines, permits for land development and building construction are issued by multiple authorities under a layered legal framework: the National Building Code (Presidential Decree No. 1096), the Local Government Code (Republic Act No. 7160), the Subdivision and Condominium Buyers’ Protective Decree (PD 957), the Environmental Impact Statement System (PD 1586), the Fire Code of the Philippines (RA 9514), the Occupational Safety and Health Law (RA 11058), and RA 11201 creating the Department of Human Settlements and Urban Development (DHSUD) and the Human Settlements Adjudication Commission (HSAC).

This article maps who issues what, distinguishing land development from vertical construction, with attention to subdivisions and commercial projects.

A. Land Development Stage (Before Vertical Construction)

1) Land Use and Zoning Powers — Local Government Units (LGUs)

Issuing Authority: City/Municipal Government through the Local Zoning Administrator and Sangguniang Panlungsod/Sangguniang Bayan.
Key Permits/Actions:
- Land Reclassification/Rezoning (if needed) by local ordinance.
- Locational Clearance for subdivision or commercial projects, attesting consistency with the Comprehensive Land Use Plan (CLUP) and zoning ordinance.
- Development Permit (Subdivisions): Issued by the City/Municipal Mayor upon technical evaluation by the Local Planning and Development Office and Zoning Administrator; this authorizes site development works (roads, drainage, open spaces) under PD 957 and its IRR, now administered in coordination with DHSUD.
When DPWH steps in: If a locality has no Office of the Building Official (OBO) or where national infrastructure is affected, DPWH may exercise building official functions or issue consents for works within national rights-of-way.

2) Housing and Real Estate Regulation — DHSUD

Issuing Authority: Department of Human Settlements and Urban Development (formerly HLURB).
Key Permits/Actions (subdivision/condo projects):
- Project Registration and License to Sell (LTS) for subdivision lots or condominium units under PD 957.
- Review of Subdivision Plans/Condominium Plans for regulatory compliance (open space, road widths, amenities) and alignment with CLUP/zoning.
- HOA registration and related regulatory issuances.
Adjudication: HSAC handles disputes (e.g., buyer-developer).

3) Environmental Compliance — DENR-EMB (and special authorities)

Issuing Authority: DENR – Environmental Management Bureau (EMB).
Key Permits/Actions:
- Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage (CNC) under PD 1586, based on project type, size, and sensitivity of the area.
- Separate Air/Water/Waste permits may be required for operating phases (e.g., wastewater discharge permits), often post-construction but sometimes conditioned at development stage.
Special Jurisdictions:
- LLDA (projects within the Laguna de Bay Region) for discharge clearances.
- PRA (reclamation), PAMB/DENR (protected areas), NIA (irrigation impacts), NCIP (if within ancestral domains; Free and Prior Informed Consent).
- NWRB (deep wells/water rights).
- DENR-FMB (tree-cutting/earth-balling permits).

4) Land Use Conversion — DAR

Issuing Authority: Department of Agrarian Reform.
When Needed: Converting agricultural land to residential/commercial use (separate from LGU rezoning).

5) Survey and Title Actions — DENR-LMB/LMS and LRA/Registry of Deeds

Issuing Authorities:
- DENR – Land Management Bureau/Land Management Services for approval of subdivision survey plans.
- Land Registration Authority / Registry of Deeds for registration of plans and annotations on titles (e.g., rights-of-way, restrictions).

B. Vertical Construction Stage (Buildings and Structures)

1) Building Permit — Office of the Building Official (OBO)

Issuing Authority: City/Municipal Building Official (under PD 1096 and its IRR).
Scope: Authorizes construction, alteration, repair, demolition, or addition.
Prerequisites (typical):
- Locational Clearance (LGU).
- Proof of Land Rights (title/contract).
- DHSUD documentation where applicable (registered project; for houses within regulated subdivisions, the developer’s approvals).
- ECC/CNC (DENR-EMB), when required.
- Barangay Clearance (local ordinance).
- Fire Safety Evaluation Clearance (FSEC) from BFP (see below).
- CAAP Height Clearance if within aerodrome influence areas.
- DPWH consent/clearance for works affecting national roads/bridges.
Ancillary/Trade Permits (issued by OBO upon review by discipline engineers):
- Architectural, Civil/Structural, Sanitary/Plumbing, Electrical, Mechanical, Electronics/ICT, Signage, Excavation/Shoring, Demolition, Fencing, Temporary Works. Each requires signed, sealed plans by duly licensed professionals and Professional Tax/PRC credentials.

2) Fire Safety — Bureau of Fire Protection (BFP)

Issuing Authority: BFP under RA 9514 and IRR.
Key Clearances:
- FSEC (Fire Safety Evaluation Clearance): Required before the building permit; evaluates fire code compliance of plans.
- FSIC (Fire Safety Inspection Certificate): Required prior to occupancy permit; issued after inspection of the completed building and fire protection systems.

3) Construction Safety and Health — DOLE

Issuing Authority: DOLE Regional/Field Office.
Key Approval:
- Construction Safety and Health Program (CSHP) approval under RA 11058, DOLE Department Orders (e.g., DO 13 and DO 198-18). Often a pre-mobilization requirement, referenced by OBO/BFP.

4) Special/Conditional Clearances (Project-Dependent)

CAAP: Height Clearance Permit near airports/airways.
NHCP/NCCA/Local Heritage Council: Works on or near heritage structures/zones.
DENR-MGB: Geohazard/slope stability endorsements for projects in hazard-prone areas; Quarrying permits where applicable (through LGU/Provincial ENRO).
PEZA/Freeport Authorities (e.g., CDC, SBMA): If project is inside an eco-zone, these authorities often serve as one-stop shops, with building permits and occupancy permits issued by the zone’s Building Official consistent with PD 1096.
Utilities/Franchises:
- MWSS/Local Water District/Concessionaires: Water/sewer tapping permits.
- Meralco/ECs: Electrical service applications; ERC rules may apply at system level.
- DPWH/City Engineering: Excavation/Digging Permits for connections that cut public roads/sidewalks.

C. Post-Construction / Pre-Use

1) Certificate of Occupancy — OBO

Issuing Authority: Building Official after as-built review and final inspections.
Prerequisites (typical):
- FSIC from BFP.
- Final clearances from trade disciplines (electrical, mechanical, plumbing, elevator/escalator permits to operate where applicable).
- As-built plans, test/commissioning reports, materials test results, geotechnical/structural affidavits, accessibility compliance.
- Sanitary permit (from City/Municipal Health Office) and, if required, DOH certifications for certain occupancies (e.g., hospitals).

2) Business Operations Clearances — LGU and National Agencies

Business Permit/Mayor’s Permit (LGU Business One-Stop Shop), renewable annually.
Sanitary/Health Permits, Environmental permits to operate (e.g., wastewater discharge, air pollution source) from DENR-EMB/LLDA as applicable.

D. Subdivision Projects: What’s Unique

Development Permit (LGU) is central: it authorizes horizontal works (roads, drainage, utilities, grading) and enforces minimum open spaces and road standards derived from PD 957/DHSUD standards and local subdivision rules.
DHSUD Project Registration & LTS: No advertising or selling of lots/units without these.
Common Areas & Facilities: Plans for parks, easements, drainage outfalls, and utility corridors are reviewed at development-permit stage; turnover to HOA/LGU later follows DHSUD/PD 957 rules.
House Construction inside Subdivisions: Individual lot owners still obtain building permits from the OBO (plus HOA/Developer construction clearances if required by deed restrictions), and later occupancy permits.

E. Commercial Projects: What’s Distinct

Zoning Intensity & Parking: Locational clearance checks Floor Area Ratio (FAR), height limits, setbacks, parking, traffic impact conditions based on the CLUP and zoning ordinance.
Special Use Permits/Conditional Use: Some commercial uses require Sangguniang approval or Mayor’s special permits (e.g., nightclubs, POGOs, petrol stations).
Environmental Thresholds: Malls, hotels, logistics hubs, and high-rise offices frequently trigger ECC and specific EIA instruments (e.g., IEE).
Mechanical/Electrical Systems: Elevators, chillers, gensets, and fuel storage entail special inspections and permits to operate under the Building Code and relevant technical codes, with BFP oversight for fire-life safety.

F. Barangay Role

Barangay Clearance: Often a precondition for both development and building permits under local ordinances. While not a substitute for zoning/building approvals, it is typically required by the OBO and Mayor’s Office.

G. Typical Permit Sequence (Integrated View)

1) Pre-Entitlement / Site Control

Secure land rights; check CLUP/zoning; if agricultural, seek DAR conversion (where applicable).

2) Land Entitlements

Locational Clearance (LGU Zoning Admin).
Development Permit (Subdivisions) (Mayor).
DHSUD registration/LTS (for sale/marketing).
Environmental: ECC/CNC (DENR-EMB); special clearances (LLDA, NCIP, CAAP, etc.) as triggered.

3) Building Entitlements

FSEC (BFP) → Building Permit (OBO) with ancillary trade permits; CSHP (DOLE) approved before site works.

4) Construction Phase

Periodic inspections by OBO and BFP; compliance with safety and environmental conditions.

5) Commissioning and Turnover

FSIC (BFP) → Occupancy Permit (OBO).
Business licensing and environmental permits to operate as applicable.

H. Jurisdictional Notes and Edge Cases

No OBO / Newly Created LGUs: DPWH may designate/act through a Building Official until the LGU organizes its OBO.
Ecozones/Freeports: The zone authority often houses the Building Official and issues building/occupancy permits in-house, while still applying PD 1096 and national codes.
Projects Affecting National Roads/Bridges/Waterways: DPWH, MMDA (for Metro Manila), and LGU engineering offices issue separate excavation/digging/no-objection permits.
Cultural/Heritage Sites: NHCP/NCCA/Local Heritage approvals precede any work on declared structures or within heritage zones.
Airspace/Height: CAAP clearances are mandatory within regulated zones around airports/flight paths.
Right-of-Way/Setbacks/Utilities: Utility owners (power, telco, water/sewer) issue connection consents; MMDA or LGUs regulate setbacks/easements (e.g., esteros, rivers, national roads).

I. Documentary and Professional Practice Essentials

Signed and Sealed Plans/Specs by duly licensed architects and engineers per discipline; program of works, cost estimates, structural analysis, soil/geo reports where required.
Contractor Licensing: PCAB license for contractors (specialty categories as needed).
Quality & Testing: Materials test results (concrete/steel), elevator/escalator certificates, pressure tests for plumbing, testing & commissioning reports for life-safety systems.
Accessibility: Compliance with BP 344 (Accessibility Law) and related IRR is verified during permit review and final occupancy.

J. Practical Compliance Tips

Map triggers early: Identify if the project is in a protected area, airport zone, LLDA jurisdiction, or involves agricultural land conversion.
Run parallel tracks carefully: Many LGUs allow simultaneous processing (e.g., start OBO review while securing BFP FSEC), but final issuance remains sequential (FSEC precedes building permit; FSIC precedes occupancy).
Use LGU BOSS windows: Especially in January for business permit renewal and for integrated clearances.
Capture deed restrictions: Subdivisions often have architectural controls requiring developer/HOA clearance in addition to OBO requirements.
Document as-builts and tests early: They are frequently the cause of occupancy delays.

K. Quick Reference Matrix — Who Issues What?

Permit/Clearance	Primary Issuing Authority	Typical Stage
Land Reclassification/Rezoning	Sangguniang Panlungsod/Bayan (LGU)	Pre-development
Locational Clearance	LGU Zoning Administrator/Office	Pre-development
Development Permit (Subdivision)	City/Municipal Mayor (LGU)	Pre-development
Project Registration & License to Sell	DHSUD	Pre-marketing/Pre-sale
ECC/CNC & Environmental Permits	DENR-EMB (or LLDA, special bodies)	Pre-development; operations
DAR Land Use Conversion	DAR	Pre-development
Survey Plan Approval	DENR-LMB/LMS	Pre-development
Plan/Title Registration	LRA / Registry of Deeds	Pre-development
FSEC	BFP	Pre-building permit
Building Permit & Ancillary Permits	OBO (LGU) / DPWH where applicable	Pre-construction
CSHP Approval	DOLE	Pre-mobilization
Digging/Excavation Permits (public way)	DPWH/LGU/MMDA	During construction
Height Clearance	CAAP	Pre-building permit (as triggered)
FSIC	BFP	Pre-occupancy
Certificate of Occupancy	OBO (LGU)	Pre-use
Business/Merchant Permit	LGU	Operations

Conclusion

Successful delivery of subdivision and commercial projects in the Philippines requires sequenced compliance with LGU land use powers, DHSUD real-estate regulation, DENR-EMB environmental controls, BFP fire safety, DOLE site safety, and the OBO for building and occupancy. Understanding which authority issues each permit, and when, is the cornerstone of lawful, timely project execution.