3 things you should know: Can you renovate or extend a house when buying a pre-built house?
You bought a house in a housing development, finding the location and size perfect. However, with the arrival of a new child and the need for grandparents to help care for them, the living space seems insufficient for your growing family. You'd like to buy another house nearby, but there are none for sale. Then you find an adjacent plot of land outside the project's fence. You want to buy it and demolish the existing fence to expand your land. Is this possible? Is it illegal? Let's look at the information on this matter.
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1. Can you demolish the fence and expand your land after buying a house in a housing development?
There has been a case study on this matter. One houseowner bought land outside the village fence and wanted to demolish the existing fence to rebuild it, but the developer refused. The houseowner sued the developer. Who would win?
In this case, the Supreme Court ruled in case number 7800/2552 that:
“The defendant's housing development received a land allocation permit according to the law. This indicates that the project plan and land allocation methods, including those concerning public health, environmental quality, transportation, traffic, safety, public utilities, and urban planning, were developed according to established criteria and approved by the committee.” The Land Subdivision Act of 2000 (B.E. 2543) stipulates that:
All structures, roads, and facilities built for the benefit of the land subdivision are considered property that all land buyers can jointly use. No one may devalue, diminish the benefit of, or alter them from what was authorized.
The two plaintiffs (owners who wish to demolish the fence) purchased a plot of land with title deed number 6516, along with a house, from the defendant's (land subdivision developer) project. Subsequently, Plaintiff 1 purchased a plot of land with title deed number 911 from a named individual. This land is outside the subdivision project and has no access to a public road, but one side is adjacent to the land with title deed number 6516.
The plaintiffs intend to demolish the adjacent fence and erect a new fence to create a single continuous plot, as well as level the land. However, the defendant prohibits the two plaintiffs from demolishing the fence and using the path for the benefit of the land with title deed number 911. The defendant argues that the fence and path are part of the public utilities provided by the subdivision developer for the benefit of the land. No one can alter or create additional obligations without legal permission.
The plaintiffs therefore have no right to demolish the fence and use the village road for the benefit of their land located outside the housing development.
In this case, the plaintiffs lost because "demolishing the fence to expand the land outside the project" is not permissible. In reality, the project fence is considered common property, built to define the boundary between the private areas of the houses and the project area.
Of course, all ownership belongs to the common area. Therefore, adding to the area adjacent to the project fence is considered a violation of another's property.
Furthermore, it's important to understand the term "public utilities" within a housing development before deciding to purchase a house, to prevent serious problems that may lead to legal action later.
Public utilities are things provided by the land developer for the land development project according to the approved plan and project, such as roads, sidewalks, parks, playgrounds, swimming pools, streetlights, village fences and gates, as well as services such as security personnel and garbage collection. All members of the housing development's juristic person have the right to use them jointly. Therefore, even if you buy a house in a housing development, you cannot claim these public utilities for your own exclusive use.
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Preparing before buying a house in a housing development is therefore crucial, in addition to location, price, and loan application documents from the bank. When buying a house in a housing development, it's important to know what's allowed and what's not. Here's some essential information:
2. Can I paint my house differently from other houses in a housing development?
Yes, you can. The houseowners' association has the authority to manage common property only; they cannot restrict individual houseowners' rights. Prohibiting houseowners from painting their house a specific color, even if mandated by law, is illegal as it infringes on residents' rights without legal authority.
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3. Can I renovate or demolish a house in a housing development after purchasing it?
No, you must thoroughly understand the building regulations under the Building Control Act. If you want to change the house's design, add to, or reduce the size by more than 5 square meters, you must obtain permission from the local authorities (district or municipality). You must provide the name of the engineer and architect, and the plans for the renovations. Failure to do so without permission is a legal offense punishable by a fine of up to 60,000 baht, imprisonment of up to 3 months, or both.
While buying a house in a housing development offers convenience, time savings, complete utilities, and a good environment, it has limitations if you plan to demolish, renovate, or alter the design. Those considering buying a house in a housing development must be aware of the relevant laws. Preventing future problems.
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Thank you for the helpful information from DD-Property.
