The neighbors use the house for business purposes.
This is likely one of the common problems faced by most housing estates: residential areas were never offered for sale as business premises or home offices. However, once residents move in, some neighbors use these spaces for business, causing disturbances to other residents. What can be done in this situation? Let's find out in this article.
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The Difference Between Common Property and Private Property
It's important to understand that the area within each house is private property. The housing estate management committee or neighbors cannot interfere or issue regulations prohibiting houseowners from using it in any way. For example, they cannot prohibit contact or business activities within the house. As long as each household conducts activities within their own house, the management committee and neighbors cannot interfere.
However, the housing estate management committee has the authority to issue regulations regarding the use of common property, such as roads, entrances, and parking areas. This is permissible.
In cases where a resident uses a space for business, even from within their house, if it impacts common property—for example, by having large vehicles or delivery trucks using many common parking spaces—
in such cases, the housing estate management committee, through its general meeting, can issue regulations to manage the situation. For example, they can prohibit large vehicles or delivery trucks from entering or leaving the estate. Each household should be allowed to park a certain number of vehicles at a time, including overnight parking, visitor parking, and for a specified duration. This would significantly reduce problems affecting other neighbors.
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Authority of Government Agencies
In addition to the authority of the housing estate's juristic person to issue regulations regarding the use of common property to limit business activities, government agencies, specifically local officials such as the Subdistrict Administrative Organization (SAO) and district offices, also have the power under the Public Health Act to take legal action in cases of noise pollution, odor, or other undesirable substances.
Even if the noise originates within individual houses, which are private property, if it affects the area outside the house and disturbs others, local officials have the authority to order a halt to the activity and to pursue criminal charges, which include both imprisonment and fines.
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Self-Operational Litigation
Beyond the housing estate's juristic person and local officials, individual neighbors who are disturbed by the business or activities of their neighbors in the village have the right to file a civil lawsuit to request the court to order the neighbor to cease the activity and/or compensate for damages.
This is considered a violation and/or abuse of rights. The statute of limitations for filing a lawsuit is one year from the date we become aware of the violation. However, if the violation continues to occur daily, this one-year period will not begin to run until the violation ceases.
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Thank you for the helpful information from DD-Property.
