A Certificate of Occupancy, often called an occupancy permit, is issued by the city or municipal Building Official once a building is finished. Under the National Building Code, no building may be used or occupied, and no change in its use made, until it is issued. For simple applications, the Building Official must evaluate a complete application within five working days. You need it if you build, renovate or change the use of a building.[1,2]
Do you need one if you only rent?
The Certificate of Occupancy belongs to the building, not to your business. If you rent a stall in a mall, a unit in a commercial building or a space in a public market, the owner should already have it. What matters to you is that the space you rent may legally be used the way you plan to use it.
Section 309 of the National Building Code, as quoted in JMC 2018-01, says no building or structure shall be used or occupied, and no change in the existing use or occupancy classification made, until the Building Official has issued a Certificate of Occupancy. That last part is the trap for small businesses: turning a house or a warehouse into a shop can count as a change of use.[1]
Example: you lease the ground floor of a house to open a milk tea shop. Ask the owner for a copy of the building's Certificate of Occupancy, and ask the city's Office of the Building Official whether a shop is allowed under its current classification.
The building permit comes first
Every building permit carries the condition that no building shall be used until the Building Official has issued a Certificate of Occupancy. So the order is: locational clearance, building permit, construction, then the Certificate of Occupancy.[2,1]
The locational clearance comes from the city's zoning or planning office. Under JMC 2018-01, its representative at the one-stop processing center verifies or issues the clearance and gives a copy to the Office of the Building Official as a requirement for the building permit. See zoning clearance.[1]
What to submit for the Certificate of Occupancy
JMC 2018-01, issued by DILG, DPWH, DICT and DTI to streamline building permits and certificates of occupancy, lists the first three items among the documentary requirements.[1]
- Three notarized copies of the Certificate of Completion, using the form in Annex 5 of JMC 2018-01
- One copy of the issued locational clearance
- The owner's copy of the Fire Safety Correction Sheet and its Fire Safety Evaluation Clearance (FSEC)
- Other documents your Building Official lists, such as as-built plans
How long it takes, and the fire side
For simple applications, JMC 2018-01 says the Certificate of Occupancy is evaluated within a maximum of five working days from receipt of an application with complete documents.[1]
The Fire Code says no occupancy permit shall be issued without an FSIC from the BFP. The Building Code rules say the city or municipal fire marshal issues the FSIC within five working days once the fire safety requirements are met.[3,2]
That FSIC for occupancy can matter later for your business permit. General Trias, for example, asks new business permit applicants for an FSIC for Occupancy valid in the last nine months.[4]
What it costs
Building permit and occupancy fees are assessed by the city's Office of the Building Official. The Fire Code adds a separate fee on new construction: 0.1% of the verified estimated value of the building, up to ₱50,000, paid by the owner.[3]
Example: a small commercial building with a verified estimated value of ₱3,000,000 would pay a Fire Code construction fee of ₱3,000 (0.1%). A building valued at ₱80,000,000 would hit the ₱50,000 cap.[3]
From lot to occupied building
| Stage | Office | Key paper |
|---|---|---|
| 1. Zoning check | City zoning or planning office | Locational clearance |
| 2. Before construction | Office of the Building Official | Building permit |
| 3. Fire evaluation | Bureau of Fire Protection | FSEC and Fire Safety Correction Sheet |
| 4. After construction | Office of the Building Official | Certificate of Occupancy (5 working days if simple) |
| 5. Fire inspection | Bureau of Fire Protection | FSIC (5 working days once compliant) |
If you are renting a space
- Ask the owner for a copy of the building's Certificate of Occupancy
- Check that the certificate's use matches your business (store, restaurant, office)
- Ask the Building Official before renovating or changing the layout
- Get any renovation permit before work starts, not after
- Keep a copy of the owner's FSIC for occupancy if your city asks for it
- Put these papers in your business permit folder
Questions people ask
- Is an occupancy permit the same as a business permit?
- No. The Certificate of Occupancy says a building may be used. The business permit, or mayor's permit, says your business may operate there. See mayor's permit.
- Who issues the Certificate of Occupancy?
- The Building Official of the city or municipality, under Section 309 of the National Building Code.
- What if I change a house into a store?
- The Building Code bars a change in the existing use or occupancy classification until the Building Official issues a Certificate of Occupancy. Ask the Office of the Building Official before you open.
- Can I get a Certificate of Occupancy without an FSIC?
- No. The Fire Code says no occupancy permit may be issued without an FSIC from the BFP.
Sources
Checked 13 November 2026. We link the agency's own page for every requirement. Rules change; confirm with the office before you pay.
- Joint Memorandum Circular No. 2018-01: Guidelines in Streamlining the Processes for the Issuance of Building Permits and Certificates of Occupancy · DILG, DPWH, DICT and DTI (text on Supreme Court E-Library) · 10 January 2018
- Implementing Rules and Regulations of the National Building Code of the Philippines (P.D. 1096), 2005 Revised Edition · Department of Public Works and Highways · 2005
- R.A. 9514 (Fire Code of the Philippines of 2008) · Lawphil Project · 19 December 2008
- Citizen's Charter - OCBPLO 2025 · City Government of General Trias · 2025