Penalties for Building Without a Permit during the COVID-19 Pandemic
(Philippine legal perspective, updated to 27 June 2025)
1. Core Legal Framework (pre-pandemic)
| Source | Key provision | Basic penalty |
|---|---|---|
| Presidential Decree No. 1096 (National Building Code, “NBC”) | §213 – any person who violates the Code or proceeds without a permit | Criminal: fine ≤ ₱10,000 or imprisonment ≤ 1 year, or both Corporate offenders: managing head/partners are personally liable |
| Revised Implementing Rules & Regulations (IRR, 2004) | Part A §301, §302 | Administrative surcharge: 100 % of total building-permit fees (i.e., double the fee) plus payment of the regular fee; work stoppage until compliance |
| Local Government Code of 1991 (RA 7160) | §§455(b)(3), 444, 447, 458 | LGUs may impose ordinances with additional fines ≤ ₱5,000 and/or imprisonment ≤ 1 year; mayor may order closure/demolition |
| Professional Regulation Laws (e.g., RA 9266, RA 544) | Practising architecture/engineering without licence and without permit | Criminal: higher fines & longer imprisonment; possible licence revocation/black-listing |
Hierarchy. Penalties in PD 1096 are national minimums; an LGU may layer stiffer administrative fines or daily “penalties in lieu of demolition” by ordinance, provided they do not exceed RA 7160 caps and do not conflict with the NBC.
2. Pandemic-specific Measures Affecting Enforcement (2020 – 2022)
Bayanihan Acts
- RA 11469 (Bayanihan 1, 2020) §6(k) and RA 11494 (Bayanihan 2, 2020) §12 criminalised non-compliance with national pandemic rules.
- Building work continued without a permit and without a DPWH/DOLE-approved COVID-19 Safety Plan was treated as non-cooperation – punishable by fine ≤ ₱1 million and/or imprisonment ≤ 6 months.
DPWH Department Orders
- DO 39-2020 & DO 72-2021 – Revised Construction Safety Guidelines.
- Violation empowered the Building Official or DPWH Regional Office to issue immediate Stop-Work Orders and blacklist contractors for up to 1 year.
DOLE-DTI-DPWH Joint Memorandum Circular 20-04-A (Aug 2020)
- Required quarantine facilities, worker “bubble” and on-site health officers.
- Non-compliance triggered work stoppage and administrative fines under the OSH Law (RA 11058) – up to ₱100,000/day of violation for grave breaches.
IATF-EID Resolutions 34, 87 & 88 (2020-2021)
- Allowed “essential” public works but only with valid building permits and safety clearances; violations exposed owners to arrest for violation of quarantine regulations under Article 151, RPC (resistance/disobedience to a person in authority).
Automatic Deadline Extensions
- CSC, DILG & DPWH circulars tolled government-transaction deadlines during Enhanced Community Quarantine (ECQ).
- Practical effect: there was no lawful excuse to build without first securing a permit once online or drop-box applications became available (mid-2020).
3. Administrative Workflow & Consequences
| Stage | Responsible office | Pandemic add-ons | Possible penalties |
|---|---|---|---|
| 1. Detection (complaint or site inspection) | Barangay, City/Municipal Engineering Office (C/MEO), or DPWH for national projects | Health-protocol inspectors often doubled as building-compliance inspectors | None yet |
| 2. Notice of Violation (NOV) | Local Building Official (LBO) | Served by email or posting to minimise contact | 48–72 h to comply or explain |
| 3. Stop-Work / Closure Order | LBO or Mayor | Immediate if no COVID-19 Safety Plan | • Construction freeze • Admin surcharge on permit fees (100 %) • Potential daily penalty (₱200–₱10,000/day) by ordinance |
| 4. Assessment of Fees & Surcharges | C/MEO (Assessment Division) | Online computation portals introduced (e.g., QC e-Building Permit) | Regular fee +100 % surcharge + LGU-specific penalties |
| 5. Criminal Prosecution | Office of the City/Municipal Prosecutor | Prosecutors also charged violators with RA 11332 (non-reporting of notifiable diseases) if workers contracted COVID-19 | Fine ≤ ₱10,000 or imprisonment ≤ 1 year (NBC) + penalties in special laws |
| 6. Demolition / Removal | LBO (after hearing) | Implemented with strict health protocols; debris disposal required DENR pass | Costs chargeable as lien on the land |
Tip for Owners. Even if the structure is eventually legalisable, filing the permit application after the fact is not a defence. The surcharge and criminal liability attach the moment excavation or structural work begins.
4. Illustrative LGU Penalty Schedules (selected examples)
| LGU (ordinance) | Surcharge for work without permit | Daily penalty while non-compliant | Comments (pandemic tweaks) |
|---|---|---|---|
| Quezon City Ord. SP-91, S-2021 | 200 % of total permit fees | ₱10,000/day after NOV | Online hearings via Zoom; health-safety certificate required before permit release |
| City of Manila Ord. 8607, S-2020 | 150 % surcharge | ₱5,000/day | 15-day “amnesty window” (Nov 2020) for stalled projects affected by ECQ |
| Cebu City Ord. 2566, S-2022 | 100 % surcharge + ₱50,000 fixed fine for commercial structures | ₱2,000/day | Additional penalty if workers unvaccinated (per Exec. Order 152-2021) |
| Davao City Ord. 0878-21 | Double permit fee | ₱1,000/day | Special desk for pandemic isolation facilities (expedited) |
5. Interaction with Other Pandemic-Era Laws
RA 11332 (Mandatory Reporting of Notifiable Diseases)
- §9(d) punishes non-cooperation of entities in the event of a health emergency – fine ₱20,000–₱50,000 or imprisonment ≤ 6 months.
- Applied where clandestine construction caused unreported COVID-19 clusters.
RA 11058 (Occupational Safety and Health) & DOLE D.O. 198-18
- Failure to provide COVID-19 protective measures classified as grave violation – administrative fine up to ₱100,000/day.
Executive Orders on Vaccination & Alert-Level System
- Construction sites in Alert-Levels 3–5 required 100 % vaccinated workforce; violations could lead to total shutdown and referral for criminal action under PD 557 (violation of quarantine laws).
6. Jurisprudential Notes
| Case | Gist | Take-away |
|---|---|---|
| City of Mandaluyong v. De Ocampo (G.R. 181294, 14 Jul 2015) | Building without permit is a nuisance per se; LGU may demolish after due process | Confirms LGU power to abate illegal structures even on private land |
| People v. Dizon (G.R. 200864, 13 Aug 2014) | Contractor convicted under PD 1096 despite subsequent permit application | Post-facto permits do not erase criminal liability |
| People v. Mate (G.R. 220978, 19 Jan 2021) | Court considered pandemic-era stop-work order valid despite virtual hearing | Due-process requirements may be satisfied electronically in emergencies |
(All cases remain good law as of 2025.)
7. Practical Compliance Tips (Post-2022)
- Use the National Electronic Building Permit (eBPLS-NBP) – now rolled out in 1,200+ LGUs; processing time reduced to 7 days.
- Secure a Construction COVID-19 Safety and Health Program (SHP) approved by DOLE – mandatory attachment to the permit even after the national Public Health Emergency was lifted (31 Dec 2023).
- Pay fees immediately – most LGUs charge surcharges the moment they detect unpermitted excavation, not upon formal NOV.
- Keep proof of pandemic-related delays (e.g., ECQ closure notices) – may mitigate but will not eliminate penalties.
- Rectify first, litigate later – courts routinely dismiss injunction pleas from owners who ignore the permit process.
8. Summary of Penalty Ranges (2020-2025)
| Category | Statutory / ordinance basis | Typical amount / duration |
|---|---|---|
| Criminal fine | PD 1096 §213 | ₱1,000 – ₱10,000 |
| Criminal imprisonment | PD 1096 §213 | 1 day – 1 year |
| Administrative surcharge | NBC IRR & LGU ordinances | 100 % – 200 % of permit fees |
| Daily penalty (LGU) | LGU ordinances | ₱200 – ₱10,000/day |
| Pandemic-era special fines | Bayanihan Acts, RA 11332, OSH Law | ₱20,000 – ₱1,000,000 |
| Contractor blacklisting | DPWH DO 39-2020 | Up to 12 months |
| Demolition costs | NBC §214 | Actual demolition expenses, collectible as tax lien |
Conclusion
Building without a permit has always been illegal in the Philippines, but the COVID-19 pandemic layered additional health-security duties and stiffer economic consequences on top of the National Building Code. From 2020 to 2023, owners and contractors faced not only the usual criminal fine and double-fee surcharge but also pandemic-specific stop-work powers, blacklisting, daily LGU penalties, and sizable fines under the Bayanihan and OSH laws.
Although most emergency measures have sunsetted, two key lessons endure:
- A permit is still mandatory before the first shovel hits the ground – no amount of post-hoc paperwork wipes out liability.
- Health-safety compliance is now a permanent layer of building regulation – the SHP has been absorbed into the regular permit checklist.
Failing to observe these can quickly escalate a simple surcharge into multi-layer fines, criminal charges, and even demolition. Owners and builders should therefore treat permitting and safety documentation as twin pre-construction essentials, not optional add-ons, pandemic or not.