Understanding the Second Notice Deadline for Building-Permit Violations in the Philippines
1. Why a Second Notice Exists
The National Building Code of the Philippines (NBCP, Presidential Decree No. 1096) adopts a graduated “notice-and-demand” regime.
- First Notice – alerts the owner/contractor that a permit was never secured, has lapsed, or that there is a deviation from the approved plans.
- Second Notice – a formal last call to comply before sanctions (stop-work order, fines, or even demolition) can lawfully be imposed.
While local ordinances sometimes add more granular steps, the two-stage sequence is embedded in Sections 205-208 of the NBCP Implementing Rules and Regulations (IRR, 2004 Edition) and mirrored in most city or municipal building offices.
2. Statutory & Regulatory Anchors
| Instrument | Key Text Relating to the Second Notice | Practical Effect |
|---|---|---|
| PD 1096, §205–208 | Empowers the Building Official to issue written notices, stop-work orders, and demolition orders. | Gives legal basis for the “first” and “second” notices and sets default deadlines. |
| NBCP-IRR Rule VII, §207 & §209 | Prescribes 15 calendar-day compliance for ordinary violations; 72 hours (or less) where life-safety is threatened. | Establishes the count-down that attaches to the second notice. |
| Local Government Code (RA 7160), §455 & §477 | Authorises cities/municipalities to adopt stricter timelines or higher fines. | Why deadlines can vary between LGUs. |
| DPWH Department Orders (e.g., DO 155-1998, DO 82-2011) | Standard operating procedures for service of notice, computation of periods, and appeal routing. | Fills in the administrative details. |
3. How the Clock Starts—and Stops
| Step | Trigger | Compliance Window* | What the Owner Must Do |
|---|---|---|---|
| First Notice | Personal or substituted service; posting on-site if owner unknown | 15 days (ordinary) / 72 hours (imminent danger) | File or correct building/occupancy permit; submit as-built plans; pay fees. |
| Second Notice | Issued the day after the 1st-notice period lapses without full compliance. | Another 15 calendar days (or the residual of the 72-hour window) | Final chance to cure; failure triggers enforcement. |
*Weekends/holidays count because the IRR uses calendar days. Only a written extension from the Building Official or a timely appeal to the Local or National Building Code Board of Appeals pauses the countdown.
4. Consequences of Missing the Second-Notice Deadline
- Stop-Work Order – immediate suspension of construction/occupancy.
- Administrative Fine – under IRR Rule XII: ₱10,000 per day of violation (cities may increase this—e.g., Quezon City levies up to ₱50,000/day).
- Demolition or Abatement Order – LGU may remove the offending works at the owner’s expense.
- Criminal Prosecution – PD 1096, §213 punishes willful non-compliance with a fine up to ₱20,000 or imprisonment up to 2 years, or both.
- Civil Liability – neighbours may sue for damages or file an action to compel demolition under Article 694 (nuisance) of the Civil Code.
5. Appeal & Relief Options
| Path | When to File | Effect |
|---|---|---|
| Local Appeals Board (if created by ordinance) | Within 15 days from receipt of the second notice or stop-work order | Suspends fines while appeal is pending (but not necessarily the stop-work order). |
| National Building Code Development Office (NABCDO) | Within 15 days from adverse local ruling | Reviews technical/legal issues; may affirm, modify, or set aside. |
| Regional Trial Court (Rule 65 or 66 petition) | Anytime before demolition | Possible TRO or injunction; must show grave abuse of discretion or violation of due process. |
| Application for as-built Permit | Anytime before demolition | Often accepted if there are no life-safety issues; owner pays surcharge (usually 100% of original fees). |
6. Common Pitfalls & Practical Tips
| Pitfall | How to Avoid |
|---|---|
| “We never got the notice.” | Ensure the guard or caretaker logs all deliveries. Service by posting and barangay notice is valid. |
| Ignoring a 72-hour second notice on “dangerous building” grounds | Request clarificatory inspection immediately; offer temporary shoring or fencing to mitigate danger. |
| Filing an appeal outside the 15-day reglementary period | Calendar deadlines upon receipt; lodge even a skeletal appeal and amend later. |
| Assuming an application for as-built permit automatically stops fines | Ask for a specific order of deferment from the Building Official. |
| Demolition expenses after missed deadline | If the LGU demolishes, they may annotate a lien on the tax declaration; settle promptly to avoid interest. |
7. Case-Law Snapshots
- People v. Dizon, G.R. 162835 (Feb 25 2013) – Court sustained conviction for constructing without permit despite owner’s pending as-built application; second notice had lapsed.
- City of Parañaque v. Elma, CA-G.R. SP 102908 (Sept 9 2010) – Demolition order upheld because owner failed to appeal within 15 days from second notice.
- Filinvest Land v. Brgy. Alabang, G.R. 202181 (Apr 4 2017) – LGU cannot collect both administrative fines and business-tax penalties for the same violation without clear ordinance authority.
8. Integration with Other Regimes
- Environmental Compliance Certificate (ECC) – For projects covered by EIS Law, the second notice does not toll DENR violations; you may face parallel closure orders.
- Fire Code – Bureau of Fire Protection can issue its own Abatement Orders that run independently of NBCP deadlines.
- Heritage Law (RA 10066) – Work on heritage structures requires NHCP consent; second-notice cure may still fail if heritage clearance is absent.
9. Step-by-Step Compliance Checklist
- Confirm Service Date – log the exact date/time the first notice was received.
- Gather Plans & Clearances – signed/sealed drawings, zoning/locational clearance, fire safety evaluation.
- Pay All Surcharges – typical LGU imposes 100% of original permit fees plus inspection fee.
- File & Secure Receiving Copy – submit permit application before the first 15-day window ends if possible.
- Request Site Inspection – prove corrective work (e.g., setbacks, firewall height) is complete.
- Monitor for Second Notice – if issued, immediately request written deferment while application is pending.
- Consider Appeal – if notice is defective or unreasonable (e.g., wrong lot, no prior inspection), lodge appeal within 15 days.
- Comply with Ancillary Codes – fire, sanitary, environmental, accessibility.
- Obtain Certificate of Occupancy – once final inspection passes to avoid future notices.
10. Key Take-Aways
- The second notice deadline is typically 15 calendar days (shorter for hazardous situations).
- Service triggers the clock, and silence by the owner is deemed refusal.
- Missing the deadline escalates penalties: daily fines, stop-work, demolition, and even criminal action.
- Appeal or apply for an as-built permit early—these are the only lawful ways to pause enforcement.
- Local ordinances may tighten the timeline, so always check your city or municipal Code.
By treating the second notice as a hard, non-negotiable deadline—and not merely a warning—property owners can avoid costlier sanctions and keep projects on track.