Can a Condo Get an Occupancy Permit Without a Finished Plan in the Philippines

Is It Legal to Occupy a Condominium Even If the Plan Is Still Unfinished

One of the most exciting milestones you can experience is moving into a new condominium. However, before a developer can legally allow residents to occupy the building, they must first secure an occupancy permit. What if the condo is not yet finished but is already allowing you to move in and collect dues? We’ll address this important question in the article, so you’ll understand how to navigate the situation effectively.

What Is an Occupancy Permit?

A Certificate of Occupancy, or simply an occupancy permit, is a requirement as per Presidential Decree No. 1096 or the National Building Code of the Philippines. It says that no building or structure can be used or occupied until the Building Official issues this certificate. To obtain this, the developer must submit a Certificate of Completion and undergo a final inspection to ensure the structure complies with the approved plans, specifications, and safety standards.
Basically, a condominium project cannot legally receive an occupancy permit if the plans are unfinished or if the building does not fully comply with those approved plans. The law is strict, so there is no such thing as a temporary or partial occupancy permit given to developers.

​Requirements for Occupancy Permit

The approved building plans serve as the benchmark for compliance. They include architectural, structural, electrical, plumbing, and fire safety designs. If the plan is not finalized, the authorities cannot verify whether the constructed building is safe and habitable. Some local government units may require as-built plans if there are changes during construction. However, these must still reflect the completed structure. Without these finalized documents, the occupancy permit cannot be granted.

Risks of Condominium Occupancy Without Permit

Some developers or unit owners may be tempted to move in before securing the proper permit. However, this comes with serious legal and practical risks, including the following:
​

• Legal violations – Occupying without a permit violates the National Building Code and may result in fines, notices of violation, or stop-use orders from the LGU.
  
  
• Insurance issues – Insurance companies may refuse to cover fire, earthquake, or accident claims if the building is occupied illegally.
  
  
• Safety hazards – Without final inspection, structural, electrical, or fire safety problems may remain undetected and put lives and property at risk.
  
  
• Utility connections – Water and electricity providers often require a valid occupancy permit before approving a permanent connection.
  
  
• Buyer protection – Under PD 957, developers are obligated to deliver units with a valid occupancy permit. Failure to do so may entitle buyers to remedies such as a refund or damages.

Condo buyers should always check the occupancy permits of condominiums in the Philippines. This document is proof that the condo building is safe, legal, and compliant. Before accepting turnover, you should always confirm that the developer has secured the requirements.

Final Thoughts

Condominiums in the Philippines cannot receive occupancy permits if their plans are not yet finished. Only completed and compliant buildings can be certified fit for occupancy. For buyers, insisting on this document protects not only their investment but also their safety and peace of mind. Visit REALS.PH website today and find ready-to-occupy condominiums for sale in Baguio. Our real estate agents can also help you sell your property at the best price via the website.