Illegal to paint your house?

[Shovel78]

Anybody that knows if there is any legal requirements to consider when painting your own house in Thailand? We own our house and lease the land from a company. The house is situated inside a gated community. We have chosen to paint our house in a different color than the original uggly one. Now the landowner, i.e the company claims that we are not allowed to paint the house any different then the original color and referes to Thia laws and regulations. Can this be correct? Who should I talk to?

[MikeN]

As it's in a gated village then there probably are restrictions on what you can do, don't you have a copy of the lease agreement ? I suspect it is more a case of the village by-laws than Thai laws.

A friend of mine has a place in a Hua Hin moobaan, he can only repaint using a limited colour palette to match the original colour options, and is also restricted on what he plants in his garden.

judging from some colour schemes you see on Thai houses, it's probably a good idea !

Edited January 20, 2019 by MikeN

[NCC1701A]

8 minutes ago, Shovel78 said:

Who should I talk to?

the person who sold you "your" house and did not tell you about the regulations of the community you live in.

 

10 minutes ago, Shovel78 said:

referes to Thia laws and regulations. Can this be correct?

yes. do you have a copy? translated?

[NCC1701A]

12 minutes ago, Shovel78 said:

Who should I talk to?

get the by laws of your community and have them translated.

[JAFO]

Ahhhh..the painful woes of living in a gated community with HOA (Home Owners Association) rules, policies and limitations. Best to go talk to whoever runs the community. They must have an office. Its likely you can't do much, if anything to your house, other than just live in it. 

Edited January 20, 2019 by JAFO

[Shovel78]

1 hour ago, NCC1701A said:

yes. do you have a copy? translated?

Translated it says:

"Repainting of houses should be done in the same color as it had from the beginning.
We hope that everyone has an understanding of this, as Company X must follow Thai laws and regulations."

It is that statement "Thai laws and regulations" I am interested in. Do the Thai law really stipulate what colors a house in a gated community should or should not have? Personally I dont give a <deleted> what the land owner/company says as long as I dont break the law.

Edited January 20, 2019 by Shovel78
Missed out text

[ThomasThBKK]

What does own your house mean? Do u have a usufruct, what's the legal setup of all this?

If you would legally own it you can change it.

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[Shovel78]

1 minute ago, ThomasThBKK said:

What does own your house mean? Do u have a usufruct, what's the legal setup of all this?

If you would legally own it you can change it.

The house is registred on me at the Land office as well as the land lease.

[ThomasThBKK]

Was the building permit on your name?
Do you have a lease for the house or usufruct for the whole plot before the house was on it?

Seems to me u might have just leased an existing house/land for 30 years and u don't really "own" it.

It's one of these pseudo thai structures they sell to farrangs but are not a good setup ;-/ normally u would register a usufruct or superficies in your name on the chanote and then get a building permit in ur name, aftee that u hire the builder to build a house...

In these prepackaged deals however what they call ownership is not really an ownership.




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[Mavideol]

8 minutes ago, ThomasThBKK said:

Was the building permit on your name?
Do you have a lease for the house or usufruct for the whole plot before the house was on it?

Seems to me u might have just leased an existing house/land for 30 years and u don't really "own" it.

It's one of these pseudo thai structures they sell to farrangs but are not a good setup ;-/ normally u would register a usufruct or superficies in your name on the chanote and then get a building permit in ur name, aftee that u hire the builder to build a house...

In these prepackaged deals however what they call ownership is not really an ownership.




Sent from my LYA-L29 using Tapatalk
 

it's a "leaseship"" and not much he can do besides obey by the rules and regulations of the community

[baansgr]

27 minutes ago, ThomasThBKK said:

Was the building permit on your name?
Do you have a lease for the house or usufruct for the whole plot before the house was on it?

Seems to me u might have just leased an existing house/land for 30 years and u don't really "own" it.

It's one of these pseudo thai structures they sell to farrangs but are not a good setup ;-/ normally u would register a usufruct or superficies in your name on the chanote and then get a building permit in ur name, aftee that u hire the builder to build a house...

In these prepackaged deals however what they call ownership is not really an ownership.




Sent from my LYA-L29 using Tapatalk
 

All irelevent, op has already stated the committee states same colour must be used, he has his answer 

[Andrew Dwyer]

Sometimes it’s a blessing you cannot paint a different colour !!

My house ( okay, my gf’s ) is painted the colour scheme of the moobahn we live in , brown and cream with a couple of lime green wooden panels !!

I plan to paint the house later this year and will stick to the colour scheme ( sort of ) except I will paint over the green with brown or cream.

 

I’m sure there’s no problem in my case as one guy has painted his pink and lime green !!

 

[Shovel78]

19 hours ago, ThomasThBKK said:

Seems to me u might have just leased an existing house/land for 30 years and u don't really "own" it.

If you read my other text I explain that the house is registred in my name at the Land Office. The land lease is also registred in my name at the Land Office. I have the stamped documents with this info from the Land Office. 

Now, I know that many forum members love to discuss others land/house ownerships etc. but that was not my question if I own the house or not. I know that I own my house.

My question was if there is anything in the Thai law book stating that I am not allowed to paint my house in a different color than the original? I dont care what the community/company owners say and what "rule" they might have. I am only interested in what the Thai law stipulates in this case?

[VocalNeal]

In similar situations in the west. There are even community regulations that limit the colour you can display with the curtains/drapes closed, to white.

 

Cannot hang laundry outside . etc, etc...

 

I suggest the OP simply paints the house the same colour or as close as he can get.

Edited January 21, 2019 by VocalNeal

[Just Weird]

20 hours ago, Shovel78 said:

Translated it says:

"Repainting of houses should be done in the same color as it had from the beginning.
We hope that everyone has an understanding of this, as Company X must follow Thai laws and regulations."

It is that statement "Thai laws and regulations" I am interested in. Do the Thai law really stipulate what colors a house in a gated community should or should not have? Personally I dont give a <deleted> what the land owner/company says as long as I dont break the law.

"Translated it says:

"Repainting of houses should be done in the same color as it had from the beginning".

If that's one of the lease conditions then surely it's a condition that leaseholders have to abide by?   If the conditions have been agreed to then the reasons for it are irrelevant, as is what the law says.

[Just Weird]

39 minutes ago, Shovel78 said:

 

My question was if there is anything in the Thai law book stating that I am not allowed to paint my house in a different color than the original? I dont care what the community/company owners say and what "rule" they might have. I am only interested in what the Thai law stipulates in this case?

"I dont care what the community/company owners say and what "rule" they might have. I am only interested in what the Thai law stipulates in this case?"

You should care because you have to abide by the regulations that you agreed to when you signed the lease regardless of whether or not there is a Thai law regarding house colours.  If you don't the owners/housing association or whatever can take action against you.

[wombat]

forget about the outside...go ballistic on the inside, you don't live on the outside looking in.

[SS1]

You could vinyl wrap the house instead.. then it's not paint and removable. Same with cars and bikes, if wrapping vs. painting no need to change colour in the greenbook ;) 

[bluesofa]

23 hours ago, Shovel78 said:

Illegal to paint your house?

I suppose if you lived in a mobile home and kept on the move, there would be virtually no chance of anyone realising.

Then you could paint your wagon.

[Kerryd]

Personally I would go talk to an ACTUAL lawyer instead of asking for advice from random strangers on the internet, most of whom will have NO idea of what the law actually states.
Especially if you are going to get into a possible legal dispute with some locals.

Couple hundred baht to talk to a lawyer beforehand vs 10s of thousands of baht in potential legal fees afterwards and no, saying you heard "differently" from some other (anonymous) farangs on the internet is not going to buy you any slack in a legal dispute (if it comes to that).

But hey, that's just me. Feel free to do whatever you want. 

 

[topt]

1 hour ago, Shovel78 said:

My question was if there is anything in the Thai law book stating that I am not allowed to paint my house in a different color than the original?

If you mean any house in general then of course not.

However as others have pointed out you have signed a lease for a property/land which appears to have a condition to do with repainting. If you do not abide by your lease what are the penalties?

[NaDu]

2 hours ago, Shovel78 said:

If you read my other text I explain that the house is registred in my name at the Land Office. The land lease is also registred in my name at the Land Office. I have the stamped documents with this info from the Land Office. 

Now, I know that many forum members love to discuss others land/house ownerships etc. but that was not my question if I own the house or not. I know that I own my house.

My question was if there is anything in the Thai law book stating that I am not allowed to paint my house in a different color than the original? I dont care what the community/company owners say and what "rule" they might have. I am only interested in what the Thai law stipulates in this case?

 

I quote you again as it seems that people here are not often able to read questions correctly...

 

 

[how241]

If the new paint color is similar to the old or is not very bright,  you might go to the condo office and ask for their approval.  Good Luck !

[Ulic]

Do as you please and promise to repaint the house to the original color when your lease is up. 

[Ulic]

2 minutes ago, how241 said:

If the new paint color is similar to the old or is not very bright,  you might go to the condo office and ask for their approval.  Good Luck !

If you ask for permission you are giving them the right to say no. On the other hand, you can ask for permission, then when you get it, paint the house the colour you want and claim that was the colour they approved. 

[khunPer]

As others have mentioned, when living inside a closed community there might be regulations to follow.

 

Concerning "law", there might be local restrictions in an area set by the tessa ban office. Where I live they for example have restrictions on roof colors, or rather a limited permitted palette of colors, but I still see Thais making their lovely blue roofs, and blue roof plates are on sale, even blue color is not an allowed roof-color in the building regulations.

????

[Russell17au]

You would find that the Thai Law would be very similar to the Australian Law in regards to apartments and where there is a corporate body set up to set the conditions of any type of work that is done and the law would be simply that a committee set up to govern the regulations of the Moobaan or area has the legal rights to set any conditions and that you must abide by their conditions or you are in breach of these conditions and are therefore punishable by law. The law would not be about painting your house but about giving the committee the power to set the conditions for that area

[thailand49]

There is no law!  if that was the case everyone would be in jail.  But since you live in a gated community most likely a provision in the bylaws which you most likely turn a blind eye too when you brought into the project.  To get it done work with the project find out what is acceptable maybe pick a trim that stands out and would make you and everyone else happy!

[NoshowJones]

48 minutes ago, Ulic said:

If you ask for permission you are giving them the right to say no. On the other hand, you can ask for permission, then when you get it, paint the house the colour you want and claim that was the colour they approved. 

If it is your house do not ask anyones permission, just go and do it.

[PerkinsCuthbert]

As others have said, it won't be a question of Thai law in general, but of the rules and regulations of the project. This forum discusses the same question in Thai, (if you have someone to translate for you), and while it is not clear what sanctions could be applied should you chose to ignore them, you won't do yourself any favours in regard to your relationship with the project management:

https://pantip.com/topic/30754467