If you have seen construction on the road shoulder, sidewalk area, or what looks like the full width of a public road in your barangay, city, or municipality, you are probably asking whether your local government unit (LGU) can legally build structures there. Many Filipinos and property owners face this exact situation—sometimes it is a small waiting shed or outpost, other times a larger multi-purpose building, basketball court, or market extension. This article explains the clear rules under Philippine law, when an LGU may (or may not) use road right of way for building, the required legal process, and practical steps you can take if it affects your community or property.

What Is Road Right of Way in the Philippines?

Road right of way (commonly called RROW) is the entire strip of land reserved for a public road. It includes the carriageway where vehicles travel, road shoulders, sidewalks, curbs, drainage canals, planting strips, and space reserved for future widening or utilities. It is not limited to the paved portion you drive on.

Under Article 420 of the Civil Code of the Philippines, roads, streets, and similar infrastructure constructed by the State or its subdivisions (including LGUs) are properties of public dominion. These are intended for public use, belong to the public, and cannot be privately appropriated, sold, or built upon in ways that defeat their public purpose. Long-term occupation or “everyone does it” does not create legal rights—prescription does not run against public dominion property.

LGUs (provinces, cities, municipalities, and barangays) have authority over local roads under the Local Government Code of 1991 (Republic Act No. 7160). National roads fall primarily under the Department of Public Works and Highways (DPWH), though LGUs often coordinate on clearing and maintenance.

Legal Rules on LGU Use of Road Right of Way for Building

An LGU cannot simply decide to build a permanent structure on an existing road right of way. The land remains devoted to public road use until it is formally withdrawn from that purpose.

The key provision is Section 21 of RA 7160:

An LGU may permanently or temporarily close any local road, alley, park, or square pursuant to an ordinance.
For permanent closure, the ordinance requires approval by at least two-thirds (2/3) of all members of the sanggunian (city or municipal council, or provincial board). An adequate substitute facility must be provided when necessary, and provisions for public safety must be ensured.
Once permanently closed and withdrawn from public use, the area becomes patrimonial property of the LGU. It can then be used or conveyed for other lawful purposes, including constructing government buildings.
Temporary closure is simpler: the local chief executive (mayor or governor) can issue a written order for specific purposes such as public works, emergencies, or officially sponsored events. It cannot be used for unsponsored private activities.

Republic Act No. 10752 (the Right-of-Way Act of 2016) adds another layer. Once a right-of-way is declared for an infrastructure project (and LGUs may adopt its procedures for local projects under RA 7160), no national agency or LGU may allow development or construction within that ROW contrary to the project plans for two years after notice of taking—unless the head of the implementing agency explicitly authorizes it.

The National Building Code (Presidential Decree No. 1096) and local zoning ordinances further require that building permits respect road setbacks and prohibit encroachments on public ROW. Sanggunians also have explicit power to prohibit encroachments and authorize removal of illegal constructions on streets and public places.

In short: Permanent buildings on active road right of way are not allowed without first closing the road portion through the proper sanggunian ordinance. Temporary or minor road-related structures (properly permitted signs, lights, or small shelters that do not obstruct traffic or pedestrians) may be tolerated in some cases, but even these are subject to local engineering standards and ordinances.

Step-by-Step Process for LGUs to Legally Build on Former Road Areas

If an LGU wants to construct a permanent building on what is currently road right of way, it must follow this sequence:

Planning and justification — The LGU engineering office prepares technical plans showing the portion to be closed, the proposed new use, and any required substitute road or access.
Sanggunian action — A draft ordinance is filed. For permanent closure, it needs a 2/3 vote. Public consultation, while not strictly required by Section 21 for every case, is standard good practice and often done to avoid later challenges.
Publication and effectivity — The ordinance is published as required by law and takes effect after the prescribed period.
Physical closure and documentation — The road portion is formally closed (barriers, signage, updating of official maps and tax declarations). The area is reclassified as patrimonial property.
Building permit process — The LGU’s own Office of the Building Official issues a permit only after confirming compliance with the National Building Code, zoning, structural standards, and environmental requirements.
Implementation and maintenance — Construction proceeds. The LGU remains responsible for any resulting impacts on traffic, drainage, or neighboring properties.

Temporary structures for official events or short-term projects follow a simpler written order from the local chief executive, with clear start and end dates.

Common Pitfalls, Challenges, and Real-Life Scenarios

Many residents encounter situations where structures appear on road shoulders or sidewalks without visible closure ordinances. Common issues include:

Unauthorized or semi-permanent constructions by the LGU itself (barangay outposts, extensions of public markets, or multi-purpose halls) that obstruct traffic flow, reduce sidewalk width, or create safety hazards.
Tolerance of private encroachments (vendor stalls, fences, ramps, or parking pads) that the LGU fails to clear promptly, sometimes leading to DILG road-clearing operations.
Road widening or infrastructure projects where old ROW boundaries are unclear or new structures are built too close to the final road alignment.
Impact on homeowners — blocked or narrowed access to driveways, reduced property values, drainage problems, or safety risks for pedestrians and vehicles.

DILG regularly issues memoranda directing barangays and LGUs to conduct road clearing operations on the full right of way (sidewalks, shoulders, and travelway). These target illegal obstructions—structures, materials, or activities that impede free passage or pose danger. LGUs lead clearings on local roads; DPWH handles national roads. Failure by LGU officials to act on clear obstructions can result in administrative cases.

Foreign property owners face the same rules. While foreigners generally cannot own private land, they can own buildings or hold long-term leases. Any LGU action affecting access or use of abutting public roads is still governed by the same public dominion and closure requirements.

What You Can Do If an LGU Structure Affects You or Your Community

Verify first — Visit or call your barangay hall and municipal/city engineering office. Ask for the official road plans, parcellary survey, and any sanggunian ordinance closing the specific portion. Check the LGU website or sanggunian records section for published ordinances.
For national roads — Contact the nearest DPWH district or regional office.
Report concerns — File a written complaint with the DILG (they supervise LGUs), your local sanggunian, or the Office of the Building Official. Provide photos, location details, and how it affects public safety or your property.
If your access or property rights are directly impaired — Consult a lawyer. Possible remedies include a civil action for abatement of nuisance, injunction to stop further construction, or damages. Courts have consistently upheld that public roads cannot be obstructed without proper legal process.
Participate — Attend barangay assemblies or any public hearings on proposed closures or projects. Voice concerns about traffic, safety, or alternative sites.

Documents and Offices Typically Involved

For road closure (LGU side):

Technical plans and survey from the LGU Engineer
Sanggunian ordinance (with 2/3 vote for permanent closure)
Justification report and substitute facility plan (if required)
Updated official maps and tax records after closure
Building permit from the LGU Building Official

For complaints or verification (resident side):

Written request for records (ordinances, road plans)
Photos and location map with GPS coordinates
Barangay certification (sometimes required)
DILG or DPWH complaint form (available at their offices or websites)

Timelines vary. Simple temporary closures can happen in days or weeks via executive order. Permanent closures and subsequent building projects usually take several months due to legislative process, publication, and permitting.

Frequently Asked Questions

Can my LGU build a waiting shed, jeepney terminal, or small outpost on the road right of way?
Generally only if it is temporary, officially authorized, does not obstruct traffic or pedestrians, and complies with local ordinances and engineering standards. Permanent or obstructive structures require prior closure of that road portion under RA 7160.

Is it legal for the LGU to construct a barangay hall, basketball court, or market building directly on the road shoulder or ROW?
No, not without first permanently closing the affected portion through a sanggunian ordinance passed by at least 2/3 vote. Until then, the area remains public dominion for road use.

What if the LGU allows vendors or permanent stalls on sidewalks and road shoulders?
These are classic obstructions. DILG road-clearing operations and local ordinances prohibit them. LGUs have the duty (and power) to remove unauthorized structures on public roads.

How can I check whether a specific road portion has been officially closed for building?
Request copies of the sanggunian ordinance and supporting documents from the LGU records section or sanggunian secretariat. For national roads, check with DPWH. Published ordinances are public records.

Can I stop or delay LGU construction on what I believe is road right of way?
If proper closure procedures were not followed, you may have grounds to question it administratively (through DILG or sanggunian) or judicially. Act quickly and gather evidence; consult a lawyer for injunction or other relief if your access or safety is immediately threatened.

Does this apply the same way to barangay roads, municipal roads, and national highways?
The core rules (public dominion and closure requirements) are the same. Barangays and municipalities handle their local roads directly; DPWH leads on national roads, with LGUs often assisting in clearing and coordination.

I am a foreigner owning or leasing property in the Philippines—do different rules apply?
No. The classification of roads as public dominion and the requirements for closure or building permits apply regardless of the nationality of nearby property owners. Your access rights and any easements remain protected under the same laws.

What happens during DILG or LGU road-clearing operations?
Teams remove illegal structures, materials, and obstructions from the full right of way (sidewalks, shoulders, and carriageway). LGUs are directed to lead or support these on local roads. Due process (notice) is generally observed for substantial structures.

Can the LGU just use part of the road for widening and then build something else with the “extra” space?
Any repurposing beyond the original road purpose still requires formal closure of that portion. Road widening projects usually involve acquiring additional right of way or adjusting alignments through proper processes under RA 10752 or eminent domain rules.

Key Takeaways

Road right of way is public dominion property intended for road use; permanent buildings are not allowed without first closing the road portion.
LGUs may permanently close local roads only through a sanggunian ordinance approved by at least 2/3 of its members, with public safety and substitute access provisions where needed (RA 7160, Section 21).
Temporary or minor road-related structures may be permitted in limited cases but must not obstruct public passage.
Once properly closed, the area becomes LGU patrimonial property and can be used for buildings after securing the necessary permits.
Residents can verify records, report obstructions, and seek remedies if proper procedures are bypassed. DILG road-clearing operations reinforce the policy of keeping public roads clear.
Always check official LGU and DPWH records before assuming any construction on or near roads is fully authorized.

Understanding these rules helps you protect your community’s safety, traffic flow, and property rights while recognizing the legitimate infrastructure needs of your LGU. When in doubt about a specific project in your area, start with a direct request for records at your local government offices—it is the fastest way to get clarity grounded in the actual documents.