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Lesson 5 of 530 min read

Professional Practice & Building Codes

Laws, Contracts, Ethics, and Project Management for Architects

1. RA 9266 - Architecture Act of 2004

Key Provisions

  • Title: "An Act Regulating the Practice of Architecture in the Philippines"
  • Purpose: Professionalize and regulate architecture practice
  • Regulatory Board: Professional Regulatory Board of Architecture (PRBoA)
  • Supervising Agency: Professional Regulation Commission (PRC)

Scope of Architecture Practice

  • • Planning, architectural design of buildings and structures
  • • Site development planning
  • • Interior design of buildings
  • • Preparation of architectural documents (plans, specifications)
  • • Project management and construction administration
  • • Architectural consultation and advisory services

Registration Requirements

  • Education: BS Architecture from accredited school
  • Experience: 2 years diversified experience (apprenticeship)
  • Examination: Pass ALE (Architect Licensure Examination)
  • Age: At least 21 years old
  • Citizenship: Filipino citizen
  • Good moral character: No conviction of crime involving moral turpitude

ALE Examination Subjects

  1. History and Theory of Architecture
  2. Architectural Design and Site Planning
  3. Building Technology and Materials
  4. Structural, Utilities, and Services
  5. Professional Practice (RA 9266, NBC, Contracts)

2. National Building Code (PD 1096)

Purpose & Scope

  • Purpose: Provide minimum standards for design, construction, use, occupancy
  • Scope: All buildings and structures in the Philippines
  • IRR: Implementing Rules and Regulations (Revised 2004)

Occupancy Classifications

  • Group A: Residential (dwelling)
  • Group B: Residential (hotel, apartment)
  • Group C: Educational
  • Group D: Institutional
  • Group E: Business
  • Group F: Mercantile
  • Group G: Industrial
  • Group H: Storage/Hazardous
  • Group I: Assembly
  • Group J: Accessory

Construction Types

  • Type I: Wood construction (combustible)
  • Type II: Wood with 1-hour fire-resistive exterior
  • Type III: Masonry and wood construction
  • Type IV: Steel, iron, concrete (fire-resistive)
  • Type V: Heavy timber (mill construction)

Site Requirements

  • Building height: Not more than 3x the narrowest street width fronting
  • Courts: Min 2m dimension for light and ventilation
  • Yards: Open spaces within lot, unoccupied by structures
  • Minimum lot frontage: 4m for single dwelling

3. Zoning & Land Use

General Land Use Categories

  • Residential: Low-density (R-1), medium (R-2), high (R-3)
  • Commercial: C-1 (neighborhood), C-2 (community), C-3 (CBD)
  • Industrial: Light (I-1), medium (I-2), heavy (I-3)
  • Institutional: Schools, hospitals, government
  • Parks/Open Space: Recreation, conservation

Development Controls

  • PSO (Percentage of Site Occupancy): Max ground coverage (60-90%)
  • FAR (Floor Area Ratio): Total floor area / lot area (1.0-12.0)
  • BHL (Building Height Limit): Max stories/meters per zone
  • TGFA (Total Gross Floor Area): PSO × lot area × allowable floors

Setback Requirements

ZoneFrontSideRear
Residential3-5m2m2m
Commercial4.5m2m2m
Industrial8m3m3m

4. Contracts & Documents

Types of Contracts

Client-Architect

  • • Scope of services
  • • Professional fees
  • • Project schedule
  • • Deliverables

Owner-Contractor

  • • Construction contract
  • • Scope of work
  • • Contract amount
  • • Terms of payment

Contract Types by Payment

  • Lump Sum (Fixed Price): Single fixed amount for complete work
  • Cost Plus: Actual costs + fee (fixed or percentage)
  • Unit Price: Price per unit of work (sq.m., cubic meter)
  • Guaranteed Maximum Price: Cost plus with ceiling

Contract Documents

  1. Agreement
  2. Conditions of Contract (General & Special)
  3. Drawings (Plans)
  4. Specifications
  5. Bill of Quantities
  6. Addenda and Modifications

5. Fees & Compensation

Methods of Compensation

  • Percentage of Construction Cost: 5-15% based on project type/complexity
  • Multiple of Direct Personnel Expense: 2.5-4.0 times salary cost
  • Lump Sum: Fixed fee for defined scope
  • Per Diem: Daily rate for consultation
  • Combination: Mix of above methods

UAP Doc. 208 Fee Schedule

Minimum basic fees based on project cost:

Project CostFee %
Up to P5M10%
P5M - P15M8%
P15M - P50M7%
P50M - P100M6%
Over P100M5%

Distribution by Phase

  • Schematic Design: 15%
  • Design Development: 20%
  • Contract Documents: 40%
  • Bidding/Negotiation: 5%
  • Construction Administration: 20%

6. Professional Ethics

UAP Code of Ethics

Obligations to the Public

  • • Uphold public health, safety, and welfare
  • • Obey laws and regulations
  • • Not engage in discrimination

Obligations to the Client

  • • Serve client competently and faithfully
  • • Maintain confidentiality
  • • Disclose conflicts of interest

Obligations to the Profession

  • • Maintain professional integrity
  • • Fair competition (no false advertising)
  • • Support professional development

Prohibited Acts

  • • Practicing without valid license
  • • Signing documents prepared by others (ghost signing)
  • • Accepting kickbacks or undisclosed commissions
  • • Competing unfairly (undercutting fees)
  • • Supplanting another architect
  • • False advertising or claims

7. Project Management

Project Delivery Methods

Design-Bid-Build

  • • Traditional method
  • • Design complete before bidding
  • • Owner contracts separately
  • • Clear roles, competitive pricing

Design-Build

  • • Single entity for design + build
  • • Fast-track possible
  • • Single point of responsibility
  • • Less owner control over design

Construction Phase Services

  • Site visits: Observe progress, quality of work
  • Submittal review: Shop drawings, samples, materials
  • RFIs: Respond to Requests for Information
  • Change orders: Document scope/cost changes
  • Payment certification: Review and certify progress billing
  • Substantial completion: Inspect and prepare punch list

8. Permits & Approvals

Building Permit Process

  1. Secure clearances: Locational, Barangay, Zoning
  2. Submit documents: Plans, specifications, forms
  3. Pay fees: Based on floor area and construction type
  4. Plan review: Building Official checks compliance
  5. Permit issuance: Upon approval

Required Clearances

  • Locational Clearance: Land use compatibility (LGU Planning)
  • Fire Safety Clearance: Bureau of Fire Protection
  • Sanitary Clearance: Health Department
  • Environmental Clearance: DENR (if applicable)
  • DPWH Clearance: If fronting national road
  • CAAP Clearance: Near airports

Occupancy Permit

Required before building use/occupancy:

  • • Certificate of Completion from contractor
  • • Final inspection by Building Official
  • • Fire Safety Inspection Certificate (FSIC)
  • • Electrical/Sanitary inspection clearances
  • • Payment of occupancy fees

Key Takeaways

  • RA 9266 is the Architecture Act of 2004 regulating architectural practice
  • PD 1096 (National Building Code) has 10 occupancy groups (A-J) and 5 construction types (I-V)
  • Basic architectural fee: 5-10% of construction cost based on UAP Doc. 208
  • Fee distribution: SD 15%, DD 20%, CD 40%, Bidding 5%, CA 20%
  • Building permit requires locational clearance, fire safety, sanitary, and other clearances