In the Philippines, the construction of any building or structure is governed by Presidential Decree No. 1096, otherwise known as the National Building Code of the Philippines (NBCP). Under Section 301, no person or entity may erect, construct, alter, repair, move, convert, or demolish any building without first obtaining a building permit from the Office of the Building Official (OBO) in the locality where the project is located.

Proceeding with construction without this permit is a violation of law, carrying significant administrative and criminal consequences.

I. The Purpose of the Building Permit

A building permit is not merely a revenue-generating tool for the local government. Its primary purpose is to ensure that structures comply with minimum standards of:

Structural Integrity: Resistance to earthquakes, typhoons, and gravity loads.
Fire Safety: Adequate exits, fire-resistive materials, and setbacks.
Sanitation: Proper plumbing, sewerage, and ventilation.
Zoning Compliance: Adherence to the Comprehensive Land Use Plan (CLUP) of the city or municipality.

II. Administrative Penalties

The Building Official has the authority to impose administrative sanctions once a violation is discovered, typically through a "Notice of Violation."

1. Fines: Under the Revised Implementing Rules and Regulations (IRR) of the NBCP, fines are calculated based on the gravity of the violation and the cost of the project.
Fines can range from PHP 5,000.00 to PHP 20,000.00 or more depending on the floor area and the nature of the violation.
2. Cease and Desist Orders (Work Stoppage): The Building Official will issue a summary order to stop all construction activities immediately. Failure to comply with a Work Stoppage Order is a separate, more serious violation.
3. Surcharges: A surcharge of 100% of the building permit fee is usually imposed as a penalty for "illegal construction" (constructing before the permit is issued).
4. Demolition Orders: If the structure is found to be dangerous, ruinous, or built on a "no-build zone" (such as a public sidewalk or an easement of a waterway), the Building Official may order its demolition at the owner's expense.

III. Criminal Penalties

Under Section 213 of the NBCP, any person who violates the provisions of the Code or its IRR may be held criminally liable.

Imprisonment: A maximum of two (2) years.
Criminal Fine: A fine of not more than PHP 20,000.00.
Liability of Professionals: If a licensed architect or engineer is found to have facilitated the illegal construction, they may face administrative cases before the Professional Regulation Commission (PRC), potentially leading to the suspension or revocation of their professional license.

IV. Remedies for the Property Owner

If a property owner has started or completed construction without a permit, they are not entirely without recourse, provided the structure itself is compliant with safety and zoning laws.

1. Legalization (Post-Facto Permitting)

Often referred to as "as-built" processing, the owner may apply for a building permit even after construction has begun. This involves:

Submission of all required plans (Architectural, Structural, Electrical, Plumbing, etc.) signed and sealed by professionals.
Payment of the original permit fees plus the 100% surcharge.
Certification that the structure as built conforms to the National Building Code.

2. Motion for Reconsideration

Upon receipt of a Notice of Violation or a Demolition Order, the owner may file a Motion for Reconsideration with the Office of the Building Official within fifteen (15) days, explaining why the order should be lifted or modified.

3. Appeal to the DPWH Secretary

Decisions made by a local Building Official are appealable to the Secretary of the Department of Public Works and Highways (DPWH). This is a crucial administrative remedy that must be exhausted before seeking relief from the courts.

4. Judicial Recourse (Injunction/Certiorari)

If the administrative remedies fail, the owner may file a petition in court (Regional Trial Court). This is typically done to stay a demolition order if the owner can prove that the Building Official acted with "grave abuse of discretion" or that the structure does not pose an imminent danger.

V. Key Exceptions

Certain minor constructions do not require a building permit, such as:

Traditional indigenous family dwellings (bahay kubo) with a total cost not exceeding PHP 15,000.00.
Minor garden structures, low fences (under 1.80 meters), or small sheds (under 6 sq. m.) that are detached from the main building.

Summary Table: Consequences of Illegal Construction

Type of Penalty	Specific Action	Authority
Monetary	Surcharge (100% of permit fee) + Fines	Office of the Building Official
Operative	Cease and Desist (Work Stoppage)	Office of the Building Official
Physical	Demolition of the structure	LGU / Building Official
Criminal	Fine and/or up to 2 years imprisonment	Regional Trial Court / MTC
Professional	PRC License Suspension/Revocation	Professional Regulation Commission