Good day for you PIA.
Your problem is in accordance with the provisions of PD 1096. "The National Building Code of the Philippines and its Revised Implementing Rules and Regulations". one question to ask you prior to my answer would be...
1. Is the Existing residence prior to the renovation was issued a building permit by your local Building Official in the locality where you residence is located?
2. is there any addition horizontally on the structure except the replacement of roofing?
3. I want you to distinguish to us the following terms: Replacement of roofing sheets or replacement of roofing member such as from wood to steel trusses.
4. Have you receive a notice of illegal construction when the the construction is still in progress.?
One instance that you have to consider first on this situation is that, your residence has been declared as illegal construction in the absence of the approval of the the approve Building permit.
The proposed residence in the absence of the approved building permit is of course an illegal construction as prescribed by the provisions of PD 1096. Sect. 301
"No Person, firm, corporation, including agency, or instrumentality of the government shall construct, alter, repair convert, use, occupy, move, demolish, and add any building/structure or any portion thereof or cause the same to be done, without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building/structure is located or to be done.
However, if the building structure is an illegal construction that has no building permit, the same can be legalized by applying a Building permit application to the office of the building official.
Buildings without building permits prior to the promulgation of this rules and regulations has no binding effect but still considered as illegal construction in violation of the code, the remedy for such buildings or structures is to legalized the said building by applying a building permit application to the office of the Building official and comply with the minimum standard requirements provided by this code. But, it will be subject to Fines and penalties prescribed by Section 212 of this Code.Pointing the exception to this provisions are those buildings constructed only prior to the enactment of the said law and not to those buildings constructed after the passage of the law with the elements of Bad faith. Although Section 212 of the code does not provide the scale on the imposition of penalties on those buildings constructed without the necessary building permit within the period of the implementation of the law, the Building Official has the discretion to imposed penalties on the maximum amount if it is shown on the intention of the violators that element of Bad faith are present.
in other instances, the building official should exhaust first the remedy before they will file a cases to you mother, either they have to issue first the notice of illegal construction so that in your part you can think and do what will be the proper remedy to make that illegal construction be legalized.
The contractor issue will just give you delay on the process of applying for a building permit application. If that existing residence you are referring for has issued a building permit, what the building official referring for is the application and issuance of the Renovation permit. However, if the work is only for the replacement of the deteriorated roofing sheets, and not the replacement of the trusses structural members, the said replacement of the deteriorated roofing sheets is exempted form the application and issuance of the said building permit.(SECTION 301, No. 3 (b.)par.i, R-IRR PD1096)) but if there is a change of the structural member of the roof trusses from wood to steel or similar circumstances, the Building perm,it application should apply.
on the issue of payment, whenever found out that you violate the provisions of the national building code, that the replacement of the roof is not for the replacement of the deteriorated roofing sheets but instead, it is for the replacement of the roof structural members without first obtaining an approved building permit issued, the same as a remedy can be legalized with the payment of the Administrative fine and surcharges whichever is higher the amount.(SECTION 212, No. 1.(a)par.i.No.3(a)par. ii (b), R-IRR PD1096).
Arch. Alfredo A. Fernandez, UAP,LLB