Planning Permission Needed ?

[micky44]

hi guys,

any help would be really appreciated on the two following points.

1 the wife states that when we buy our land just out side udon approx 15 rai we will not need planning permission to bulid a house, she says "it my land i will do what i want " !! fair spirit the girl has but is she correct ?

2 title deeds, are there different types and if yes what are the differences and do you know what they are called. once again thanks for any help.

[fremmel]

We're finishing up our house about 40 KM outside Udon. No housing permit or anything needed. We've already gotten a house number for it and my wife has gotten her tabien baan for it. BUT, it's a couple of KM from the nearest moo baan and we checked with the Or Bor Dor first to make sure no one claimed jurisdiction over it.

The land deed is a red Nor Sor 4 Jor title. That means it's staked out, registered with the government, all the neighbors agree where the boundaries are, and the land can be sold later without a problem. There are several lesser title types I'm not too familiar with but there are a some posts on thaivisa the detail them.

[Gary A]

The red seal Nor Sor 4 has no restrictions. Anything other than that particular chanote will have some sort of restriction and will have to be investigated.

[Maizefarmer]

Your girlfriend is WRONG.

While Gary makes the obsrvation that Nor Sor 4 has no restrictions ( thats correct), this is seperate from having to get planning permission. While NS4 indicates to a prspective builder that they will have no probs getting the permission, one still has to make the application and jump through the hoops - and so it is with the construction of any house/building which will be used for residential or commerical/business purposes - you need to submitt plans for building permission to be granted - even if it is just a formality.

Edited July 27, 2008 by Maizefarmer

[fremmel]

and so it is with the construction of any house/building which will be used for residential or commerical/business purposes - you need to submitt plans for building permission to be granted - even if it is just a formality.

That appears not to be the case for every situation, at least it wasn't for us. The 30 rai parcel we're building on had no previous structure and thus no house number. About 5 months ago, before building, my wife went to the Or Bor Dor for the tamboon we're in and asked about the permit. They said nothing was needed and did not request plans. But we are building in a really rural area. We then went to the local PEA office and got an electric hookup with no problem. The house is now nearing completion so a couple of weeks ago we went to the local amphur office, applied for and received, the house number. My understanding is that at this point they check to see if a building permit was needed and, if so, issued. Again, there was no problem.

I have a friend who did essentially the same thing a couple of years ago in another province and I've read on various forums of others also not needing a permit. It seems like it depends on your local tamboon/amphur. If the OP really is "just out side" Udon I'm sure he'll need a permit but if it's in an outlying area he may not.

[slapout]

Agree with fremmel. Some of the rural areas do not require building plans to be submited as they do not issue a building permit. I have been involved in building 3 houses and the one in CM required permits etc, while 2 in Fang area did not. I am not one to believe we have consistency in this country, in regard to building standards, zoning, etc.

[micky44]

hi guys thanks for the replys, the land is about 25k out of Udon, very rurall area, there is a shack on the land at the moment, also conected to elec so it sounds as if the wife is correct, but will make sure nov when we get out there again, lets just hope the baht keeps going the same way it has been going this last few weeks, thanks once again micky

[Maizefarmer]

The construction of homes you guys are reffering to does indeed take place quite legally without planning permission: it is so-called "legacy legislation" - enacted for migrant farmers, many of whom had to travel long distances from their homes to work rice paddies in the rainy season - these folk were permitted quite legally to build houses (usualy no more than bambo huts/shelters) on or near-to the land they worked seasonaly.

It is this rule that many officials still allow the use of - in particular in rural areas. If you are comfortable with that - go for it, but keep in mind that it is officialy a tempory accomodation (although I have never heard of anyone having to take one down - so it seems to be quite safe from that point of view), but issues like insurance, fire, flooding and most importantly ultimate ownership, all have detail applying to them that is different from houses built with planning permission (although insurance, fire and flooding are also issues that have sledom featured high on the list of priorities of rural Thai homeowners).

If you are comfortable with all that - go for it.

[billd766]

My wife got our house built without any planning permission and we live 6km from the main village and 15 km from the amphur.

there were no problems from anybody and I think that most of the places built around us are built the same. I don't know for sure as I am in New Zealand working and it would take too long to explain to my wife what I need to know and for her to ask around and come back to me.

There was no building on the land when we bought the land.

[fremmel]

I went by the amphur office a couple of days ago and picked up my yellow tabien baan. Once again there were no issues about building a house with no building permit.

While at the amphur office I asked about building permits in the amphur. I was told that if a building permit is required the Or Bor Dor for the tambon issues them. They said that for the tambon that the main town in the amphur (Kut Chap) is in, 3 moo baans use building permits but the other seven don't. The Or Bor Dor for the tambon we're in, still Amphur Kut Chap but a different tambon, doesn't have a department that issues building permits. We couldn't have gotten one even if we wanted to. So far as I could tell none of the houses in any of the moo baans in our tambon have had a building permit issued.

To get the word on the requirements for where your land is you should be safe to go to the amphur office where the house number will be issued and check with them. Standard disclaimers apply - I'm not a lawyer, haven't studied Thai law, etc. etc. This is just what I've been told by the people that run the show in my area.

[Issangeorge]

I built my house on the site my mother-in-laws house was on, we knocked it down and built our house. We are using the house number my mother-in-law had, which is one of the first house numbers issued in the village, I really don't know if any permission was obtained to build our house or not, but considering there is no title to our land, I doubt it. When i say no title I mean no title, not even the lowest title available, and we are right in the middle of the village. It seems that years ago when the government went around to give all the villagers a land title, my wife's grandmother never bothered to apply, thus all around us people have title, but our land my wife's sister's land and her aunt's land and uncle's land have no title. I guess they have applied for title, but this could take years. Issangeorge

[micky44]

thanks for all the replys, i do know that a lot of my mates thai girl friends/ wifes who have land burriam have stated that they do not have any formal title deeds, and they do not seem overly concernd about it, but these are thais who own and farm the land,i would not be able to sleep at night if i did not have any deeds ! but before you all start yes i know the wife will own the land hehe !! fremmel i guess me and you are going to end up as neibours !!the other half is from kut chap also. once again thans for all the help,oh just one more quick one , we are hoping to build a wooden house, not huge, but reasonable, has any one got any info or links, cheers micky.

[Khonwan]

...we are hoping to build a wooden house, not huge, but reasonable, has any one got any info or links, cheers micky.

http://www.crossy.co.uk/Thai_House_Plans/

Rgds

Khonwan

[micky44]

cheers khonwan, the wife says they eat dogs where you live, haha, can you shed any light on this ?