House Built Not According To Plans.

[ProdigalSon]

Hi TVers.

I've just been to inspect the construction of my house and have discovered, to my horror, that it is one meter closer to the perimeter wall than agreed in the original plan. The side of the house in question is now approximately 1 meter from the wall, but in the original plans it was 2.5 meters.

As this is not what was agreed, what are my options/rights legally?

Thanks for any help you can offer.

[Crossy]

Assuming the house is almost finished, how did it get this far without being noticed?

Are the drawings used by the construction crew the ones you approved?

Who did the inspections during construction?

[utalkin2me]

This is yet another bend over and get ready to take it hard case. Although I suspect due diligence here would have helped. You can use all the paperwork and knowledge in the world, but you wont get in the way of a Thais right to collect his money after doing a sub-par job.

[rgs2001uk]

Thai solution, move perimeter wall, why farang think too mutt.

[Morden]

There's a minimum allowed distance between wall and building. Is it one metre, more then or less than?

I agree with the advice that, if construction is well advanced, you're stuffed-unless you want to go to Court.

[alfieconn]

There's a minimum allowed distance between wall and building. Is it one metre, more then or less than?

I agree with the advice that, if construction is well advanced, you're stuffed-unless you want to go to Court.

I think it's 2 meters if there's openings.

[Beetlejuice]

Depends.

Are you legally entitled to own the land and property under Thai law?

Whose name is on the land papers and with who’s money was used for the purchase?

If the laws have been contravened, than you have no legality at all and no re-course against the builders.

Under Thai law it is permitted to build just 1 metre from the property border. 2 factors involved here. First, you have to prove that the contract with the builder was to build 2.5 metres distance from the said wall. Second, if you decide to take legal action against the builder, you need to show evidence that you are a bona-fide owner or part owner of the land and property, rather than just being only a financial backer using a Thai persons name, whether that Thai person is a spouse or any other third party.

If you do decide to take legal action against the builder, than you do so at your own risk and discretion. But if you have been clever enough to have covered your own behind and the said project has been completed in accordance as strictly imposed by Thai law, than you have no problems. Otherwise, good luck to all who sail in her.

[davejones]

How come you didn't bother checking until it was built. Didn't you notice when foundations were being built. I think you have to take much of the blame for not checking. The builders built it, but you didn't mention anything, so they would assume there's no problem. I find it hard to believe that someone would get a house built and not check things as the building progressed. Especially in Thailand.

[alfieconn]

Depends.

Are you legally entitled to own the land and property under Thai law?

Whose name is on the land papers and with who’s money was used for the purchase?

If the laws have been contravened, than you have no legality at all and no re-course against the builders.

The OP has only mentioned the house so why confuse things, the topic is about the building problems so why go off topic

Under Thai law it is permitted to build just 1 metre from the property border. 2 factors involved here. First, you have to prove that the contract with the builder was to build 2.5 metres distance from the said wall

Read the heading

. Second, if you decide to take legal action against the builder, you need to show evidence that you are a bona-fide owner or part owner of the land and property, rather than just being only a financial backer using a Thai persons name, whether that Thai person is a spouse or any other third party.

If you do decide to take legal action against the builder, than you do so at your own risk and discretion. But if you have been clever enough to have covered your own behind and the said project has been completed in accordance as strictly imposed by Thai law, than you have no problems. Otherwise, good luck to all who sail in her.

Lets say for arguments sake that the OP is dealing with this on behalf of his wife

[alfieconn]

How come you didn't bother checking until it was built. Didn't you notice when foundations were being built. I think you have to take much of the blame for not checking. The builders built it, but you didn't mention anything, so they would assume there's no problem. I find it hard to believe that someone would get a house built and not check things as the building progressed. Especially in Thailand.

Perhaps the OP hasn't been in the country and it's not really his job to check such things although a lot of us do !

[candypants]

i personally spent days with my builder deciding where exactly the house would go.

It seemed important to me to get it right in the beginning

[alfieconn]

i personally spent days with my builder deciding where exactly the house would go.

It seemed important to me to get it right in the beginning

Well good for you !

[Morden]

There's a minimum allowed distance between wall and building. Is it one metre, more then or less than?

I agree with the advice that, if construction is well advanced, you're stuffed-unless you want to go to Court.

I think it's 2 meters if there's openings.

In that case, perhaps the house must be rebuilt in any case.

[Morden]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

[Naam]

nobody will most probably give a "poo" whether one meter or two meters.

[alfieconn]

nobody will most probably give a "poo" whether one meter or two meters.

Probaly not at the moment but what about in the future ?

[Beetlejuice]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

I have not attacked the OP or commented for the sake of flaming.

If all was done above board and the OP has evidence that the building has not been constructed or located according to instruction, than the OP has a case and can take his grievances against the builder via the civil courts if the builder refuses to correct the mis-calculation, considering of course if the OP evaluates this to be viable and worth all the effort, plus taking into consideration his own legalities regarding this case.

That’s my advice based on facts of the situation and not for the sake of and not trying to act smart or to be nasty. Or what other advice would the OP and other posters prefer to hear?

[harrry]

The law is no openings within 1 metre. If openings distance must be 2.5m.

He can.

block all windows and doors on that side.

negotiate to purchase 1,5 metres of land from his neighbour.

take the builder to court.

[Rancid]

i personally spent days with my builder deciding where exactly the house would go.

It seemed important to me to get it right in the beginning

Was he actually paying attention though, generally if on the phone to his gik at the time and scratching his balls whilst he nods and smiles then he hasn't heard a word you said, nor is he remotely intersted for all that. Stupid farangs can whimge all they want but the genius that is the Thai chang knows better.

If building be on site everyday, the day you miss is the one they will stuff it up.

[54321]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

because its thai visa members, the judge, the jury and executioners

[davejones]

How come you didn't bother checking until it was built. Didn't you notice when foundations were being built. I think you have to take much of the blame for not checking. The builders built it, but you didn't mention anything, so they would assume there's no problem. I find it hard to believe that someone would get a house built and not check things as the building progressed. Especially in Thailand.

Perhaps the OP hasn't been in the country and it's not really his job to check such things although a lot of us do !

Oh I see. Well if it's not his job, and he didn't employ someone competent enough to check, it just tough luck then. Don't think the builders are going to move the house.

[scotto]

Oh dear i think best not say anything could turn out to be a very

long drawn out case and headaches do you really want that more

to the point is it worth it?

if so go for it and let us know how you got on please good luck

[davejones]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

So that others can learn from his mistakes. There are dangers in building houses anywhere if you're not around. Misunderstandings can easily happen, even when you both speak the same language. I don't know how well the OP speaks Thai, or how well the builder speaks English, but if one speaks English and the other speaks Thai, and then leave and let the builder get on with it, then chances of mistakes being made are high. Any reasonable person should be able to see this. I suppose it depends what plans the builder had, how clear they were, what language they were in, etc. We don't know any of this. And the OP has once again disappeared and left us to get on with it in his absence.

In any case, I think the OP would do better to discuss with the builder first, and then with a lawyer if he's still not happy. He could always withhold part of the payment, although that could mean the builder loses face, so would have to tread very carefully. Also, there's no point getting on the wrong side of the locals. Maybe best to leave the house where it is, and learn the lesson to check in future.

Edited February 9, 2013 by davejones

[PattayaPhom]

Where is roof overlap?

[alfieconn]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

I have not attacked the OP or commented for the sake of flaming.

If all was done above board and the OP has evidence that the building has not been constructed or located according to instruction, than the OP has a case and can take his grievances against the builder via the civil courts if the builder refuses to correct the mis-calculation, considering of course if the OP evaluates this to be viable and worth all the effort, plus taking into consideration his own legalities regarding this case.

That’s my advice based on facts of the situation and not for the sake of and not trying to act smart or to be nasty. Or what other advice would the OP and other posters prefer to hear?

Stop backtracking, What have the following 2 questions you asked got to do with the OP 's post :

Are you legally entitled to own the land and property under Thai law?

Whose name is on the land papers and with who’s money was used for the purchase?

Edited February 9, 2013 by alfieconn

[candypants]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

I have not attacked the OP or commented for the sake of flaming.

If all was done above board and the OP has evidence that the building has not been constructed or located according to instruction, than the OP has a case and can take his grievances against the builder via the civil courts if the builder refuses to correct the mis-calculation, considering of course if the OP evaluates this to be viable and worth all the effort, plus taking into consideration his own legalities regarding this case.

That’s my advice based on facts of the situation and not for the sake of and not trying to act smart or to be nasty. Or what other advice would the OP and other posters prefer to hear?

Stop backtracking, What have the following 2 questions you asked got to do with the OP 's post :

Are you legally entitled to own the land and property under Thai law?

Whose name is on the land papers and with who’s money was used for the purchase?

it is not that difficult to figure out. the questions help determine whether the OP can sue, and more importantly, win.

[Ticketmaster]

Though he did not say, I am guessing the OP was not around. He probably had his plans prepared, handed them off to a contractor and went off.

This should just be another lesson to every farang who is planning to build something and wants it done a certain way to certain specs. YOU MUST BE THERE 24/7 TO MONITOR THE WORK. Virtually every bad building story I have heard involved the farang being absent from the job.

If you are not there, you get what you get; it's that simple.

[BB1955]

Had same thing happen to me we asked our builder to move the house from the plans one meter left , he moved it one meter right . We didnt notice it until the roof were done so to late to do anything about it ... When we told the builder he looked at it and said I measured it myself shook his head said mai pen rai and smiled . I just smiled back and laughed not much else you can do ... Mistakes happen and I see it as much my fault as his I should have got out the measuring tape before the colums were poured ....

[Morden]

Why are people attacking the OP when he's asking for advice? Attacks without full knowledge too. The problem is there already. There's no point in saying . 'You should have ....'

because its thai visa members, the judge, the jury and executioners

Ah, thanks, now I understand. There was I thinking that it's a place to ask questions, give advice and have grown up exchanges of opinion.

[Sharp]

i personally spent days with my builder deciding where exactly the house would go.

It seemed important to me to get it right in the beginning

Well good for you !

Especially if you are coming home drunk from the pub .." I sure I put it here " hiccup!!!!

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