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Condominium - Roof Space


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In my Condominium we have a Co-Owner who has extended his Condo into the roof space , above the existing ceiling .   Is this legal , even if an " unelected JP or unregistered committee advise the co-owner to go ahead ??    What is the law on this as surely it will change the registered area on the Chanote .      

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It wont change the registered area on their Chanote- they are just illegally occupying common area of the property without approval, which they would obviously never get as it benefits no one but themselves. The JP or the Committee have no authority to give approval formal or not.

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5 hours ago, scubascuba3 said:

Worse than those types that build on the balcony, lawyer letter to start then court action

well the previous co-owner of my Condo (which had a large balcony )  sought permission and extended the room into the balcony . There is still a small balcony and no additional building was made apart from a full width patio / sliding door place at the end of the balcony .  Previous owner had all the documents and it shows as such on the Chanote / Land Office documents .  My lawyer checked it out and all perfectly legal .   

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5 minutes ago, HashBrownHarry said:

If his ceiling i guess he could do what he wants, no one would every know, right?

 

 

not quite !   Remember in a Condo someone's floor is someone else's ceiling so you would not be allowed to go through your ceiling into someone else's Condo above you !!    The roof space should be "communal" so that would be be someone extending into "communal" space .    

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1 hour ago, Jen65 said:

not quite !   Remember in a Condo someone's floor is someone else's ceiling so you would not be allowed to go through your ceiling into someone else's Condo above you !!    The roof space should be "communal" so that would be be someone extending into "communal" space .    

The majority of ceilings in Thailand are normally suspended with a gap between the gypsum and concrete of the floor above!!

 

The roof space is communal?!! do people congregate in there for a party?

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my condo had issues with those who had extended their balconies onto what's supposed to be common area (one of those L shaped setbacks where on some floors certain rooms could ended up with more balconies than others) in my building, this area is not part of the adjacent room's balcony and not on the chanote, so it's definitely common area

 

one guy even built a shed/patio onto the area, after much legal battle, we are at a truce that he can't build on the area, but since his room is the room that can access the area, he must allow access to the area by maintenance but only by prior notice.   

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47 minutes ago, digbeth said:

my condo had issues with those who had extended their balconies onto what's supposed to be common area (one of those L shaped setbacks where on some floors certain rooms could ended up with more balconies than others) in my building, this area is not part of the adjacent room's balcony and not on the chanote, so it's definitely common area

 

one guy even built a shed/patio onto the area, after much legal battle, we are at a truce that he can't build on the area, but since his room is the room that can access the area, he must allow access to the area by maintenance but only by prior notice.   

I wouldn't buy a condo which has built on the balcony \ common area, apart from looking terrible could be trouble ahead if committee decide to crackdown

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16 hours ago, smutcakes said:

It wont change the registered area on their Chanote- they are just illegally occupying common area of the property without approval, which they would obviously never get as it benefits no one but themselves. The JP or the Committee have no authority to give approval formal or not.

A few people in my condo have done this , building into the actual roof space, to nearly double their condos. This is certainly illegal but they claim it was "approved" by the developer as part of the sales deal. Of course they would have agreed to anything to get the sale.

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2 hours ago, Henryford said:

A few people in my condo have done this , building into the actual roof space, to nearly double their condos. This is certainly illegal but they claim it was "approved" by the developer as part of the sales deal. Of course they would have agreed to anything to get the sale.

Yeah right, so they can prove that with documentation

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On 12/14/2021 at 10:29 PM, HashBrownHarry said:

The majority of ceilings in Thailand are normally suspended with a gap between the gypsum and concrete of the floor above!!

 

The roof space is communal?!! do people congregate in there for a party?

I think you are confused ! yes , you can go through the plasterboard ceiling into the void between ( which usually has the wiring / any soundproofing etc etc ) but you can NOT go through the concrete into someone else's Condo / property .  Same applies to walls and if you have a wall that divides you from the communal corridor then you can NOT go through that for any reason - and no , not for a party !!!   Communal spaces are " communal "  , NOT private !!

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52 minutes ago, Jen65 said:

I think you are confused ! yes , you can go through the plasterboard ceiling into the void between ( which usually has the wiring / any soundproofing etc etc ) but you can NOT go through the concrete into someone else's Condo / property .  Same applies to walls and if you have a wall that divides you from the communal corridor then you can NOT go through that for any reason - and no , not for a party !!!   Communal spaces are " communal "  , NOT private !!

Where did i say you can go through the cement roof / floor - that's insane.

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51 minutes ago, Jen65 said:

Rubbish , it's illegal !!

If you're worried about things like this being illegal then i'd suggest you go live somewhere else as there is many many more illegal things than this that are accepted.

 

When you do take legal action about this pls post back how you get on.....lol

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17 hours ago, HashBrownHarry said:

Where did i say you can go through the cement roof / floor - that's insane.

I think you are confused !  Irrespective of whether a ceiling or wall is brick / concrete / plasterboard  , the area within is your legal domain but to to extend beyond , into communal areas , is not .  

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18 hours ago, HashBrownHarry said:

If you're worried about things like this being illegal then i'd suggest you go live somewhere else as there is many many more illegal things than this that are accepted.

 

When you do take legal action about this pls post back how you get on.....lol

They are only "accepted "  because people like you either don't care , don't want the hassle to get involved or don't understand the Condominium Act / Thai Penal Code  

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On 12/14/2021 at 8:47 PM, Jen65 said:

not quite !   Remember in a Condo someone's floor is someone else's ceiling so you would not be allowed to go through your ceiling into someone else's Condo above you !!    The roof space should be "communal" so that would be be someone extending into "communal" space .    

Absolute rubbish. You said he was on the top floor, so obviously nobody living above him, maybe some water tanks, garden etc,  but he has obviously not gone through the concrete, so he is only using his own space between false ceiling and top of building. So really it is none of your business, and secondly how did you know..were you sneaking around his apartment??

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On 12/16/2021 at 9:42 PM, couchpotato said:

Absolute rubbish. You said he was on the top floor, so obviously nobody living above him, maybe some water tanks, garden etc,  but he has obviously not gone through the concrete, so he is only using his own space between false ceiling and top of building. So really it is none of your business, and secondly how did you know..were you sneaking around his apartment??

Actually,  I wrote this post about the "legality" on doing this and from someone whom has either has legal  knowledge or experience since if it okay then I may consider doing same to another top floor condo I have and put a "cathedral" ceiling in with wood beams .

So, unless you have some experience or legal knowledge - best to leave out the sarcastic comments !   

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On 12/16/2021 at 7:46 PM, Jen65 said:

They are only "accepted "  because people like you either don't care , don't want the hassle to get involved or don't understand the Condominium Act / Thai Penal Code  

who said anything about taking legal action - this posting is for information only - suggest you pop back in the box !

 

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On 12/16/2021 at 1:42 AM, HashBrownHarry said:

If you're worried about things like this being illegal then i'd suggest you go live somewhere else as there is many many more illegal things than this that are accepted.

 

When you do take legal action about this pls post back how you get on.....lol

who said anything about taking legal action - this posting is for information only - suggest you pop back in the box !

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1 hour ago, Jen65 said:

Actually,  I wrote this post about the "legality" on doing this and from someone whom has either has legal  knowledge or experience since if it okay then I may consider doing same to another top floor condo I have and put a "cathedral" ceiling in with wood beams .

So, unless you have some experience or legal knowledge - best to leave out the sarcastic comments !   

I have both, and please understand once and for all that the owned living space inside a Condo room/apartment is from the concrete floor, to the concrete ceiling ie: another rooms floor or rooftop. What a person does between those two points (ie: false ceiling of any type) is his own business and does not need juristic permission.

So instead of slagging people off and not taking in the information provided by posters, double check the information and go ahead with what's best for your particular situation. Anyway with your attitude I'm done with you.

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16 minutes ago, couchpotato said:

the owned living space inside a Condo room/apartment is from the concrete floor, to the concrete ceiling ie: another rooms floor or rooftop.

rooftop=top of roof

 

if so the owner of the top floor condo owns the roof? Really?

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6 minutes ago, couchpotato said:

Obviously your reading skills are limited..  read it again and digest the meaning.. as a hint the key word is 'inside'. 

Certainly they are limited and on the decline as I approach year 94.  But I really don't care much about it.  

 

so what is the owned space or owned living space outside ?

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1 hour ago, couchpotato said:

I have both, and please understand once and for all that the owned living space inside a Condo room/apartment is from the concrete floor, to the concrete ceiling ie: another rooms floor or rooftop. What a person does between those two points (ie: false ceiling of any type) is his own business and does not need juristic permission.

So instead of slagging people off and not taking in the information provided by posters, double check the information and go ahead with what's best for your particular situation. Anyway with your attitude I'm done with you.

Likewise , go back to your couch ! 

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