How to set back legally
Last updated: 3 Aug 2025
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For those planning a home addition or fence extension but are still concerned about whether the planned addition is legal, Real Estate Knowledge shares information on legal home additions, reducing misunderstandings between neighbors and preventing lawsuits or court cases. If we are the ones who make the wrong addition, we could face demolition costs or even rebuilding. Learn more and uncover the answers with us here.
Many people believe that submitting a home addition plan to the juristic person and receiving a confirmation that the extension can be completed is a misunderstanding. However, the actual person who checks whether the construction or addition is legal is the district or sub-district where the house is located. The Building Control Act of 1979, amended in 2015, states that anyone wishing to modify a building must obtain a permit from a local official or notify the official of the intention to modify it, and comply with Section 39 bis. This permit application is called a Building Modification Permit.
___________________________________________
What does the district office inspect inside the home? What points should you know and avoid?
Take an example of a house. Explained to clear up doubts and common misunderstandings.
A two-story detached house with a usable area of 160 sq.m. on a 55 sq.wa. plot of land wants to add a kitchen and balconies on both sides of the house. How should the addition be legally completed?
According to Ministerial Regulation No. 55 (2000), it states that any type of building, residence, or townhome must have outdoor space of 30% of the largest floor area.
___________________________________________
Understanding what types of home additions are considered open space:
- Open space, garden or land area
- Balcony area, but without a roof
- Balcony area, but without walls
In the example of a two-story house with a usable area of 160 sq.m., the first floor has 90 sq.m. more usable space than the second floor. Therefore, the first floor area will be used for calculations.
___________________________________________
The setback distance between buildings and the property boundary is divided into two types:
1. Solid wall extensions
A setback of at least 50 cm is required. However, if the extension is to be placed close to the property boundary, the homeowner must obtain written consent from the neighbor (the adjacent landowner).
2. Extensions with doors, windows, glass windows, or balconies
2.1 Two-story buildings (not exceeding 9 m in height) must have a setback of at least 2 m.
2.2 Two- to eight-story buildings (not exceeding 9-22 m in height) must have a setback of at least 3 m.
___________________________________________
In the case of the model home and the three main locations the District Office must inspect:
1. Kitchen locations close to the property boundary. If the extension is to be placed close to the property boundary, a letter of consent from the neighbor is required as evidence for the District Office to recommend installing a drainage system within the property boundary to avoid encroaching on the neighbor's property (in cases where the neighbor refuses). A minimum setback of 50 cm is required.
2. For the backyard area (adjacent to the project fence), a minimum 2-meter distance is required for sliding windows in the kitchen.
3. For unroofed balconies, a minimum 50 cm distance is required, or it can be built closer to the property boundary if the neighbors agree.
___________________________________________
How to legally extend a kitchen extension, ensuring safety for residents
A popular home extension function that many people often search for ideas to incorporate into their homes is the kitchen. In fact, the kitchen itself is also subject to the law, as this room involves the use of electricity, posing a fire risk. Therefore, there are regulations regarding ventilation space, stating that it must be at least 15% of the kitchen space. If the ventilation space is less than 15%, a range hood can be installed. However, it is crucial that the piping be installed in the wall, and the wall must be at least 2 meters wide to ensure structural safety.
___________________________________________
Steps for preparing documents for a home extension permit application
Now that you've learned about the requirements for a home extension and designed to comply with the law, Documentation is another important consideration. Here are some things to prepare:
1. Building permit application (site plan, blueprints, and blueprint attachments)
2. Engineer's calculations
3. Neighbor's consent letter (if building adjacent to a neighbor's property)
4. General documents such as a copy of your ID card, house registration, and title deed
5. Building permit application
___________________________________________
After submitting all required documents and the official has completed a preliminary inspection of the plans, it usually takes approximately 30 business days to receive approval or rejection of a home addition. For those planning to complete an addition in time for a particular holiday, you may need to estimate the timeframe for additional documents or rejection. The information above should help many people understand the situation, reducing misunderstandings and ensuring a beautiful, legal home addition. This is better than building one and having to demolish it later.
___________________________________________
Read more at Real Estate Information: https://bit.ly/3yBWvKm
Many people believe that submitting a home addition plan to the juristic person and receiving a confirmation that the extension can be completed is a misunderstanding. However, the actual person who checks whether the construction or addition is legal is the district or sub-district where the house is located. The Building Control Act of 1979, amended in 2015, states that anyone wishing to modify a building must obtain a permit from a local official or notify the official of the intention to modify it, and comply with Section 39 bis. This permit application is called a Building Modification Permit.
___________________________________________
What does the district office inspect inside the home? What points should you know and avoid?
Take an example of a house. Explained to clear up doubts and common misunderstandings.
A two-story detached house with a usable area of 160 sq.m. on a 55 sq.wa. plot of land wants to add a kitchen and balconies on both sides of the house. How should the addition be legally completed?
According to Ministerial Regulation No. 55 (2000), it states that any type of building, residence, or townhome must have outdoor space of 30% of the largest floor area.
___________________________________________
Understanding what types of home additions are considered open space:
- Open space, garden or land area
- Balcony area, but without a roof
- Balcony area, but without walls
In the example of a two-story house with a usable area of 160 sq.m., the first floor has 90 sq.m. more usable space than the second floor. Therefore, the first floor area will be used for calculations.
___________________________________________
The setback distance between buildings and the property boundary is divided into two types:
1. Solid wall extensions
A setback of at least 50 cm is required. However, if the extension is to be placed close to the property boundary, the homeowner must obtain written consent from the neighbor (the adjacent landowner).
2. Extensions with doors, windows, glass windows, or balconies
2.1 Two-story buildings (not exceeding 9 m in height) must have a setback of at least 2 m.
2.2 Two- to eight-story buildings (not exceeding 9-22 m in height) must have a setback of at least 3 m.
___________________________________________
In the case of the model home and the three main locations the District Office must inspect:
1. Kitchen locations close to the property boundary. If the extension is to be placed close to the property boundary, a letter of consent from the neighbor is required as evidence for the District Office to recommend installing a drainage system within the property boundary to avoid encroaching on the neighbor's property (in cases where the neighbor refuses). A minimum setback of 50 cm is required.
2. For the backyard area (adjacent to the project fence), a minimum 2-meter distance is required for sliding windows in the kitchen.
3. For unroofed balconies, a minimum 50 cm distance is required, or it can be built closer to the property boundary if the neighbors agree.
___________________________________________
How to legally extend a kitchen extension, ensuring safety for residents
A popular home extension function that many people often search for ideas to incorporate into their homes is the kitchen. In fact, the kitchen itself is also subject to the law, as this room involves the use of electricity, posing a fire risk. Therefore, there are regulations regarding ventilation space, stating that it must be at least 15% of the kitchen space. If the ventilation space is less than 15%, a range hood can be installed. However, it is crucial that the piping be installed in the wall, and the wall must be at least 2 meters wide to ensure structural safety.
___________________________________________
Steps for preparing documents for a home extension permit application
Now that you've learned about the requirements for a home extension and designed to comply with the law, Documentation is another important consideration. Here are some things to prepare:
1. Building permit application (site plan, blueprints, and blueprint attachments)
2. Engineer's calculations
3. Neighbor's consent letter (if building adjacent to a neighbor's property)
4. General documents such as a copy of your ID card, house registration, and title deed
5. Building permit application
___________________________________________
After submitting all required documents and the official has completed a preliminary inspection of the plans, it usually takes approximately 30 business days to receive approval or rejection of a home addition. For those planning to complete an addition in time for a particular holiday, you may need to estimate the timeframe for additional documents or rejection. The information above should help many people understand the situation, reducing misunderstandings and ensuring a beautiful, legal home addition. This is better than building one and having to demolish it later.
___________________________________________
Read more at Real Estate Information: https://bit.ly/3yBWvKm
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