Procedure to Remove or Cancel a Building Permit in the Philippines

(Scope: voluntary cancellation by the owner/permittee and administrative suspension/revocation by authorities; aligned with the National Building Code [P.D. 1096] and its IRR, local ordinances, and common LGU practice.)

1) Key Concepts and Authorities

Building Permit – The written authorization issued by the Office of the Building Official (OBO) of the city/municipality, allowing construction per approved plans and the National Building Code (NBC) and its IRR.

Building Official (BO) – The LGU officer empowered to issue permits, inspect, issue Notices of Violation (NOV) and Stop-Work Orders (SWO), and suspend or revoke permits for cause.

Ancillary permits – Electrical, sanitary, plumbing, mechanical, electronics, and fire safety clearances, plus zoning/locational clearance and, where applicable, environmental (ECC) and heritage clearances. These often move in lockstep with the building permit.

Two pathways to end a permit

Voluntary cancellation (withdrawal) by the owner/permittee.
Administrative suspension/revocation by the BO for legal non-compliance or fraud.

2) When Can a Building Permit Be Cancelled or Revoked?

A. Voluntary (owner-initiated)

Project permanently discontinued (business decision, funding, or force majeure).
Major redesign or change in use requiring a fresh permit rather than an amendment.
Transfer of ownership where the new owner prefers to re-apply rather than process a permit transfer.
Duplicate/erroneously issued permit.

Fees: Government fees and surcharges are generally non-refundable once a permit has been processed/issued. A few LGUs allow limited refunds for clearly unused ancillary permits; expect most fees to be forfeited.

B. Administrative (authority-initiated)

Typical grounds recognized under the NBC/IRR and local ordinances:

Material false statements or fraud in the application or plans.
Deviation from approved plans or conditions without BO-approved revision.
Violation of the NBC, Fire Code, zoning rules, or environmental/heritage conditions.
Failure to provide required supervision by a duly licensed professional.
Work without required ancillary permits or after an SWO.
Permit lapse (e.g., failure to commence within the required time or prolonged suspension of work beyond the allowed number of days) when not revalidated.

Effect of lapse: Some LGUs treat a lapsed permit as automatically expired (no separate “cancellation” needed), requiring revalidation or a new application before work can resume.

3) Voluntary Cancellation: Standard Procedure

Where: Office of the Building Official (city/municipal hall). Who: Owner/permittee or authorized representative.

Typical documentary set (LGUs may add or pare down items):

Letter-request for cancellation/withdrawal addressed to the Building Official stating project title, location, permit number, and clear reason for cancellation.
Original/photocopy of the Building Permit and approved plans (title sheets).
Valid ID of the owner and representative; SPA/Authorization letter if represented.
Affidavit of Discontinuance (notarized) stating that all construction has stopped, no further works will be performed, and the site is safe.
Contractor/Project Professional’s conformity (if a contractor or supervising professional was engaged), acknowledging discontinuance and attesting to site safety.
Latest inspection report (if any) or request for final inspection to document as-is status and safety measures.
Barangay certification (some LGUs require, to confirm stoppage and address any complaints).
Proof of payment of original permit fees (for file matching) and any assessed closure fees (if imposed).
Clearances relevant to the project (e.g., Fire Safety Evaluation Clearance, zoning clearance) for notation/closure.

Process flow

File the request with OBO Receiving/Records.
Technical review by the OBO (checks compliance status, pending violations, inspections).
Site inspection (if needed) to verify that the work has ceased and the site is safe (temporary protection, drainage, fencing).
Assessment of obligations (settlement of inspection fees, penalties for previous violations if any).
Issuance of Order/Notation cancelling/withdrawing the permit (or returning the file to “closed” status).
Record update in the permit registry; return/mark plans “Cancelled/Withdrawn”.

Post-cancellation responsibilities

Secure the site (barricades, covers, shoring for excavations).
If structures have been partially built and will be removed, apply for a Demolition Permit and comply with debris disposal and safety rules.
If later resuming construction, apply anew (fresh permit) unless the OBO allows revalidation within allowable windows.

4) Administrative Suspension/Revocation: Due-Process Steps

1) Notice of Violation (NOV)

Served to the owner/permittee and posted at the site.
Describes violations, sets compliance or show-cause period (commonly 72 hours to 15 days, depending on gravity and local rules).

2) Stop-Work Order (SWO) (when there’s risk or continued violation)

Work must halt immediately except for safety measures.
Ignoring an SWO can lead to heavier penalties, possible revocation, and referral for criminal/administrative action under the NBC and local code.

3) Conference/Hearing

Owner may submit explanations, corrective plans, and proof of compliance; may request permit amendment instead of revocation if violations are curable.

4) Technical evaluation & inspection

OBO evaluates submitted corrections; coordinates with BFP (Fire Code) or Zoning/Planning as needed.

5) Order of Suspension/Revocation

Issued if violations persist, are grave, or rooted in fraud.
Specifies grounds, actions required (e.g., demolition, retrofitting), and penalties (administrative fines, surcharges).

6) Remedies

Motion for Reconsideration with the BO within the period stated in the Order (commonly 15 days).
Appeal to higher authority (see Section 7 below).
Judicial relief (e.g., Rule 65) for jurisdictional errors or grave abuse of discretion, independent of administrative appeal timelines.

5) Alternatives to Cancellation (Often Preferable)

Permit Amendment/Revision – For design changes, change in use, or additional floor area. Submit revised signed-sealed plans, matrices of changes, and pay differential fees.
Permit Transfer/Assumption – When ownership changes mid-project; file deed of sale/assignment and the new owner’s IDs, plus professionals’ conformity.
Revalidation/Renewal – For permits at risk of lapse due to inactivity; request before deadlines.
Legalization of Variations – File as-built drawings and calculations to regularize deviations (subject to sanctions).

6) Special Intersections

Fire Code – The Bureau of Fire Protection (BFP) may withhold or revoke Fire Safety clearances. Loss of fire clearances can cause BO-level suspension or revocation until cured.
Zoning/Locational – If the Zoning Administrator withdraws locational clearance (e.g., variance revoked), the building permit may be suspended/revoked.
Environmental (ECC/PEISS) – Revocation/suspension of an ECC or failure to meet conditions (e.g., silt control, traffic management) can trigger OBO action.
Heritage/Archaeology – If the property is within a heritage zone or contains archaeological finds, NCCA/NGAs may impose conditions affecting the permit’s continuance.

7) Appeals and Review

Intra-OBO remedies: Motion for Reconsideration within the period in the Order (commonly 15 days).
Administrative appeal: Escalate to the DPWH/National Building Code oversight (secretariat/NBCDO) per the IRR hierarchy. Many LGU orders expressly state that an appeal may be taken to the DPWH Secretary within 15 days from receipt of the adverse order or denial of reconsideration.
Judicial review: If administrative remedies are inadequate or the issue is jurisdictional/constitutional, parties may seek court relief (without stating a preference here; litigants should consult counsel on venue and mode).

Effect of appeal: Filing does not automatically stay enforcement unless a stay is granted. Safety-related directives (e.g., shoring, fencing, demolition of imminently dangerous works) generally remain immediately enforceable.

8) Site Safety and Demolition After Cancellation/Revocation

Safety first: Maintain fencing, warning signs, drainage, cover slabs/open pits, and shoring as directed by the BO.
Demolition Permit: Required for structural removal; submit method statements, hauling/disposal plans, and safety program.
Utilities: Coordinate with utility providers for safe disconnection and capping (power, water, sewer).

9) Penalties and Liability

Administrative fines and surcharges under the NBC/IRR and local revenue code.
Daily penalties may accrue for continuing violations or work under SWO.
Criminal liability may attach for persistent illegal construction or willful violations, separate from administrative sanctions.
Professional accountability: Architects/engineers may face PRC/Code-of-Ethics consequences for misconduct or signing off on noncompliant work.

10) Practical Tips & Common Pitfalls

Don’t abandon the site. Even after cancellation, you remain responsible for hazards.
Paper trail matters. Keep stamped receipts, inspection reports, and photographs at key milestones and at stoppage.
Use the right remedy. Many projects seek “cancellation” when an amendment or transfer is faster and cheaper.
Coordinate early with the BFP and Zoning if those clearances are the bottleneck; fixing those often unfreezes the building permit.
Expect fees to be sunk costs. Budget assuming no refund.
Mind validity windows. If work hasn’t commenced or has paused for long, seek revalidation before expiry to avoid a full re-application.
For condominiums/subdivisions: Check the HLURB/HSAC (now DHSUD) compliance landscape; project-level sanctions can cascade to BO action.
If fraud is alleged: Consult counsel immediately; remedies differ, and timelines are tight.

11) Model Documents (Short-Form)

A. Letter-Request to Cancel/Withdraw

Date

The Building Official City/Municipality of ________

Re: Request to Cancel/Withdraw Building Permit No. ______ (Project at ________)

Dear Sir/Madam: I am the owner/permittee of the above project. Due to [state reason concisely], I respectfully request the cancellation/withdrawal of the Building Permit, together with all associated ancillary permits. Construction has been discontinued effective [date]. We undertake to keep the site safe and to secure a Demolition Permit if required.

Attached are: (1) copy of the Building Permit and approved plans; (2) Affidavit of Discontinuance; (3) IDs/SPA; (4) contractor’s conformity; (5) other clearances.

Respectfully, [Name, Signature] [Address / Contact No.]

B. Affidavit of Discontinuance (Key Clauses)

Identity of owner and project.
Statement that all construction has ceased as of [date]; no workers remain on site except for safety preservation.
Undertaking to maintain site safety and obtain any Demolition Permit required.
Acknowledgment that fees are generally non-refundable and records may be archived as “Cancelled.”
Undertaking to settle any penalties assessed for prior violations.
Notarization.

12) Frequently Asked Questions

Is cancellation the same as expiry? No. Expiry occurs by operation of rule (e.g., no work within a prescribed period or prolonged suspension). Cancellation is an act (owner’s request or BO’s order). Both end your authority to build; re-application or revalidation is needed to resume.

Can I get my money back? Assume no. Some LGUs allow partial refund of certain unused ancillary clearances, but the general rule is non-refundability once processing/issuance has occurred.

Do I need a Demolition Permit after cancellation? If any built works will be removed, yes. If the site is left in a safe, stabilized condition with no demolition, the BO may simply require safety measures and periodic inspection.

What happens to my signed-sealed plans? They remain part of the public record; the OBO will stamp them “Cancelled/Withdrawn.” You may retrieve marked copies depending on local filing practice.

13) Quick Checklist (Owner-Initiated Cancellation)

Letter-request to BO
Original permit + title sheet of approved plans
Owner ID + SPA/Authorization (if represented)
Notarized Affidavit of Discontinuance
Contractor/professional’s conformity
Barangay certification (if required)
Latest inspection report or request inspection
Payment/settlement for any outstanding fees/penalties
Demolition Permit (if removing existing works)
Site safety measures in place

Final Note

Procedures and forms are LGU-specific in formatting and names but follow the same NBC principles: due process for revocation, written request for cancellation, site safety, and clear records. For your exact city/municipality, verify the current OBO checklist and timelines, and align with BFP/Zoning/Environmental requirements applicable to your project.