This article explains the legal framework, practical steps, and remedies available when a neighbor builds without a permit or encroaches on your property. It is for general information only and is not a substitute for tailored legal advice.

I. Legal Framework

1) National Building Code (Presidential Decree No. 1096) and IRR

Permit requirement. No person may erect, construct, alter, repair, move, convert or demolish any building/structure without a Building Permit issued by the Office of the Building Official (OBO) of the city/municipality where the property is located.
Enforcement by the Building Official. The OBO can issue Notice of Violation, Work Stoppage/Stop-Work Order, require compliance, assess administrative fines, and recommend demolition of illegal or noncompliant works. Dangerous or unsafe structures may be demolished after due process.
Criminal/administrative liability. The Code provides penal sanctions for building without a permit and for noncompliance with lawful orders, in addition to sanctions under local ordinances (e.g., mayor’s permit, construction clearance, and anti-obstruction rules).

2) Local Government Code (Republic Act No. 7160)

Mayor’s and Zoning powers. LGUs enforce the Building Code through the City/Municipal Mayor, OBO, and Zoning Administrator. Construction ordinarily requires a Locational Clearance consistent with the Comprehensive Land Use Plan (CLUP) and zoning ordinance.
Barangay justice. Many neighbor disputes must first undergo Katarungang Pambarangay conciliation/mediation before a court case may be filed (with statutory exceptions).

3) Civil Code of the Philippines

Ownership and possession. The owner may exclude others from the property and seek recovery of possession/ownership.
Encroachment rules. When a structure intrudes into a neighbor’s land (e.g., a wall or building footprint crossing the boundary), the innocent landowner can demand removal of the encroachment and damages, or in some good-faith scenarios compel purchase/indemnity under the Civil Code’s accession provisions.
Nuisance and damages. Unlawful structures can constitute a nuisance subject to abatement. Damages may be claimed for injury or loss.

4) Special Laws/Regulatory Regimes (as applicable)

Water Code (PD 1067). Easements along rivers, streams, and shorelines must be kept open; structures inside easements are unlawful.
Road right-of-way and sidewalk rules. Encroachments into public roads/sidewalks are subject to summary removal by the LGU/DPWH/MMDA (where applicable).
Subdivision/condominium developments. Projects require approvals (e.g., locational clearance, building permits, occupancy permits). Violations may also be actionable before housing authorities and, for homeowners’ association issues, the proper adjudicatory body.

II. What Counts as “Building Without a Permit” and “Encroachment”

Building without permit: Starting or continuing construction without a valid, issued Building Permit (and, where needed, ancillary permits for electrical, sanitary, fencing, demolition, excavation, etc.) or ignoring a Stop-Work Order.
Encroachment: Any permanent structure crossing the true boundary into an adjacent titled/tax-declared lot (e.g., wall footing, roof eave overhang beyond airspace limits, columns, septic tank). Encroachment can be horizontal (footprint) or vertical (e.g., beams over your airspace).

III. Immediate Steps to Take

Document Everything
- Photos/videos of the works (capture dates/times, angles, reference points).
- Copies of your title (TCT/OCT) and tax declaration, and any prior approved plans/fence permits.
- If you can, secure a Relocation Survey by a licensed Geodetic Engineer to pinpoint the boundary and any intrusions. The survey plan and technical description (tie points, bearings, distances) will be vital.
Ask for Permits (Politely, in Writing)
- Request the neighbor (or contractor/engineer) to show the Building Permit and approved plans. Note the permit number, date, and scope. Keep copies or photos if shown.
Check with City/Municipal Offices
- OBO: Verify if a permit was issued for that location and scope.
- Zoning: Confirm if a Locational Clearance exists and whether the project matches the zoning rules (setbacks, height, use).
- Subdivision/estate management (if inside a private subdivision/condo): Ask the property administrator/homeowners’ association about required clearances and their enforcement process.
Send a Formal Demand/Notice
- Write a demand letter (through counsel if possible) identifying the violations (no permit; encroachment per survey), demanding immediate stoppage of works and removal of encroaching portions within a defined period, and reserving claims for damages and fees.
Barangay Conciliation (If Required)
- File a Complaint with the Barangay where the properties are located to attempt mediation/settlement. Bring your documents and proposed terms (e.g., stop work; relocate wall; set timetable).

IV. How to Report to Government Authorities

A. Office of the Building Official (OBO)

When to report: Any construction without a visible/valid building permit signboard, or work that appears to violate set-backs, easements, or a Stop-Work Order. What to file:

Sworn Complaint/Affidavit narrating facts (who, what, where, when, how), identifying the lot numbers/TCTs, and attaching evidence (photos, survey, your title).
Requested actions: Issuance of Notice of Violation and Stop-Work Order; inspection; compliance orders; penalties; and, if warranted, demolition after due process.

Typical OBO process:

Inspection and Notice of Violation to the builder/owner/contractor.
Opportunity to comply (secure permits, correct plans) or stop work.
If noncompliant or unsafe: Stop-Work Order; administrative fines; referral to the Mayor or higher authorities; and possible demolition (particularly for dangerous structures or persistent violators).

B. Zoning Administrator / City Planning Office

File a zoning complaint if the structure violates setbacks, maximum lot coverage/floor area ratio, or use restrictions. Ask for show-cause, cease-and-desist, or revocation of locational clearance.

C. Mayor’s Office / City Engineering

For public land encroachments (sidewalks, roads, canals, plazas) or nuisance obstructions, elevate to the Mayor/City Engineering for abatement and clearing operations.

D. Sectoral/Line Agencies (as applicable)

DPWH: Encroachments along national roads or related ROW.
DENR/Water Resources: Structures within riverbank/foreshore or easement zones under the Water Code.
Housing authorities/estate administrators: Violations within regulated subdivisions/condos.

Tip: Ask for receiving copies with date/time stamps for every complaint. Keep a timeline of agency actions.

V. Civil and Criminal Remedies Against Encroachment

1) Civil Actions

Ejectment/Forcible Entry (MTC): If the encroachment involved recent dispossession or unlawful entry within the allowable period, you may sue to recover physical possession and seek damages.
Accion Publiciana/Accion Reivindicatoria (RTC):
- Publiciana is to recover possession after the ejectment period lapses.
- Reivindicatoria seeks ownership and recovery of possession based on title.
Injunction (TRO/Preliminary Injunction): To immediately stop continuing construction encroaching on your land.
Damages: Actual, moral, exemplary, attorney’s fees where warranted.
Accession/Good-faith builder rules: Courts may order removal of encroaching works at the builder’s expense; in certain good-faith edge cases, the court may allow indemnity or forced sale of the land portion, depending on facts and equities.

2) Criminal/Quasi-Criminal Angles

Persistent defiance of Stop-Work Orders and dangerous construction can trigger penal provisions of the Building Code and/or ordinances. Coordinate with the OBO/City Legal for referrals to prosecution where appropriate.

VI. Evidence You’ll Usually Need

Ownership: TCT/OCT, tax declaration, deed of sale, and updated real property tax receipts.
Boundaries: Latest approved survey plan; relocation survey and geodetic engineer’s report with monuments found/installed.
Construction facts: Photos/videos with dates; witness statements; copies of any permits posted onsite; contractor signages; delivery receipts.
Correspondence: Demand letters, barangay records (complaint, minutes, settlement), and all receiving copies from offices.
Damages: Receipts/estimates for repairs, loss assessments, or professional fees.

VII. Strategy & Sequencing (Practical Playbook)

Secure the boundary facts early. If stakes are high, commission a relocation survey and have monuments set in the presence of both owners (invite the neighbor by notice).
Parallel tracks:
- Administrative: Report to OBO for immediate Stop-Work leverage.
- Barangay: Start conciliation to preserve your right to sue and possibly obtain a practical settlement timeline.
Injunction if necessary: If construction is racing ahead, consult counsel about TRO/Preliminary Injunction while the case (e.g., publiciana/reivindicatoria) proceeds.
Preserve goodwill if possible: Encroachment disputes can end in boundary adjustments, setback corrections, or purchase of slivers of land (where the law and facts permit). Put all agreements in writing, notarized, and—if affecting title—annotated with the Registry of Deeds.
Enforce outcomes: If a decision or barangay settlement provides for removal or payment, enforce through the proper writs or LGU action.

VIII. Special Situations

Shared or party walls: The Civil Code allows party walls in certain cases; encroachment claims must distinguish between a lawful party wall and a unilateral intrusion.
Eaves/overhangs: Overhanging eaves or beams that cross the boundary may be ordered cut back; local ordinances often specify setbacks and airspace restrictions.
Right-of-way easements: A claimed “right of way” does not authorize building on a neighbor’s land unless granted by law or contract and consistent with its width and purpose.
Public easements (rivers, shores): Even if the lot is private, building within statutory easements can be unlawful and subject to abatement.

IX. Templates You Can Use (adapt as needed)

A) Barangay Complaint (Short Form)

Complainant: [Your Name, Address]
Respondent: [Neighbor/Owner/Contractor]

Subject: Building Without Permit and Encroachment

Facts: On [date], Respondent commenced construction at [address/lot no.]. No Building Permit has been shown/posted. 
A relocation survey dated [date] by [GE name, PRC License No.] shows encroachment of [describe]. Despite demand dated [date], construction continues.

Prayer: Schedule mediation; require Respondent to (1) stop construction; (2) remove encroachment within [x] days; and (3) pay damages/costs as may be agreed.

Signed and sworn before the Barangay Secretary/Chairman on [date].

B) OBO Complaint/Affidavit (Core Points)

Your identity, property description (TCT/OCT, lot/block, area).
Exact location of offending works; timeline; lack of permit or noncompliance (attach evidence).
Request for: inspection, Notice of Violation, Stop-Work Order, assessment of penalties, and demolition if warranted.
Attachments: photos, survey, your title, barangay papers, demand letter.

C) Demand Letter (Highlights)

Identify violations (no permit; encroachment with metes and bounds).
Cease construction and remove encroaching works by a firm deadline.
Warn of administrative, civil, and criminal actions and claim for damages and fees.

X. Common Pitfalls (and How to Avoid Them)

Skipping a relocation survey. Courts and offices rely on technical descriptions and monuments, not eyeballing.
Letting time pass while construction finishes. Seek Stop-Work and, if needed, injunction quickly to prevent fait accompli defenses.
Incomplete documentation. Always obtain receiving copies and keep a chronological case file.
Ignoring barangay conciliation. Where mandatory, failure to attempt it can dismiss your court case for lack of cause of action/mode compliance.
Assuming good faith. “Good-faith builder” protections depend on facts; documented notice of encroachment often defeats good-faith claims.

XI. Quick Checklist

Photos/videos of construction and boundary monuments
Your TCT/OCT and tax declaration
Relocation survey + geodetic engineer’s report
Written demand to neighbor/contractor
Barangay complaint (if required)
OBO complaint with attachments
Zoning/Municipal complaint (if setback/use issues)
Counsel’s evaluation for injunction and civil action
Organized docket of all receiving copies, minutes, and replies

XII. FAQs

Q: Can the OBO order demolition on its own? Yes, after due process under the Building Code/IRR, particularly for dangerous/ruinous or persistently noncompliant structures. Some LGUs coordinate with the Mayor/City Legal and utilities for enforcement.

Q: Do I need to sue, or is an OBO action enough? OBO action addresses permit compliance and safety. Encroachment—as a property rights issue—often requires a civil case (plus injunction) to obtain removal and damages if the neighbor resists.

Q: Is barangay conciliation always mandatory? Not always. There are exceptions (e.g., parties from different cities/municipalities, cases needing urgent legal relief). When in doubt, consult counsel to avoid dismissal for noncompliance.

Q: What if the encroachment is minor? You can still demand removal. In limited, good-faith scenarios, courts may consider indemnity/compensation or purchase of the portion; but unilateral building on another’s land is risky and commonly ordered removed.

XIII. Bottom Line

Move early, get your survey, and run parallel administrative and civil tracks: OBO/City for permit and safety enforcement, Barangay for conciliation, and court for injunction/removal and damages. Keep meticulous records. When handled promptly and methodically, unlawful construction and encroachments can be stopped, corrected, and—where appropriate—removed with accountability.