Can I add on to my house fence?

3 Things You Should Know When Buying a #HousingDevelopment: Can You Demolish the Fence, Expand the #Land, Paint, and Add on to Your Home?


After purchasing a housing development, after being pleased with the location and size of the house, but with the arrival of a new child and the need for grandparents to help raise the family, it seems the #living space in the housing development is no longer sufficient for the growing family. I wanted to buy another housing development nearby, but none were for sale. Then I found an adjacent plot of land outside the development's fence. I wanted to buy it and demolish the fence to expand the land. Is this possible? Is it illegal? Let's take a look at the information on this matter.

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Can I demolish the fence after buying a housing development and expand the land?



There was a case study on this issue. A homeowner purchased land outside the #village fence and requested to demolish the fence to re-enclose it. However, the developer refused, so the homeowner sued the developer. Who do you think will win?


According to the law, the Supreme Court ruled in Supreme Court Decision No. 7800/2552:

The defendant's housing development A legal land development permit has been obtained, indicating that the project plan and land development procedures, or benefits related to public health, environmental quality, transportation, traffic, safety, utilities, and urban planning, have been developed. These criteria have been reviewed by the committee and approved under the Land Development Act of 2000.

The buildings, roads, or other facilities constructed for the purpose of this land development are considered property that all buyers of the land development can use together. No person may depreciate, lose their benefits, or deviate from the permitted land development.

The two plaintiffs (homeowners who wish to demolish the fence) purchased the land development title deed number 6516 along with a house from the defendant's (the land development) project. Plaintiff 1 subsequently purchased land title deed number 911 from the named owner. This land is outside the development and has no access to a public road, but one side borders the land development title deed number 6516.

The plaintiff intends to demolish the adjacent fence and re-fence it to form a single plot, along with leveling the land to a level level. However, the defendant prohibited the plaintiffs from demolishing the fence and using the road for the benefit of the land under Title Deed No. 911. The defendant held that the fence and road were part of the public utilities provided by the developer for the benefit of the development. No one could alter them or create additional encumbrances without legal permission. Therefore, the plaintiffs had no right to demolish the fence and use the village road for the benefit of the two plaintiffs' land outside the development.

The plaintiffs lost this case because "demolishing the fence and extending the land outside the development" was not permitted. The development fence is considered common property, built to mark the boundary between private housing and the development. Naturally, all ownership resides with the common property. Therefore, any additions adjacent to the development fence are considered a violation of another's property.

We should also understand the term "public utilities" within the development before deciding to purchase additional housing units to avoid serious problems that could lead to legal action later on.

Public utilities are those provided by the developer for the development of the land according to the approved plans and projects, such as roads, sidewalks, parks, playgrounds, swimming pools, utility poles, village fences and gates, as well as other services such as security guards and garbage collection. All members of a housing development's juristic person have shared rights to use the common areas. Therefore, even if we purchase a house, these utilities cannot be exclusively used by us.

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Can we buy a house in a housing development and paint it differently than everyone else?


Yes, the juristic person has the authority to manage the common property only. They cannot restrict the homeowner's rights to use the common area. Prohibiting a housing development owner from painting a certain color, even if it is legally required, is considered an unlawful regulation because it violates the homeowner's rights without such legal authorization.

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Can we buy a housing development and then add or demolish and rebuild?


No, you must thoroughly study the building regulations under the Building Control Act. If you wish to change the design of your house, add or reduce the area by more than 5 square meters, you must obtain permission from the local official (district or sub-district). This requires providing the name of the engineer, architect, and the plans for the addition. Failure to do so without permission is a violation of the law, with a fine of up to 60,000 baht, imprisonment for up to 3 months, or both.

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Article source: DD Property: bit.ly/3PzZZl4