Building Regulations Dispute With Neighbour - Can Anybody Help?

[Bredbury Blue]

Can anybody offer any help / advice before I end up in a building related dispute with my neighbour?

The owner of the empty plot next to my house is currently building his house.

I’m shocked to see how close his external wall is to the perimeter of our respective plots less than a metre i would guess.

Now he’s on with the roof construction and has just started putting up his metal roof members which if they don’t intrude in to my properties ‘space’ certainly come right up to the building line.

We live in Samut Prakarn.

Does anybody have any answers to the following questions?

1. Does Samut Prakarn have the same or similar building regulations / codes as Bangkok (i.e. BMA)?

2. What’s the minimum allowed set back of an external wall from the plot perimeter / boundary line in a residential area.

3. What’s the minimum set back of the roof eaves from the plot perimeter / boundary line in a residential area.

4. Does anybody have a set of regulations in Thai or English that they could scan and email to me?

An architect friend offered me this advice:

I checked with a Thai architect colleague, this is his summary of the current regs (gotmai akharn):-

1. Your neighbour’s external walls should be at least 2m back from the boundary / property line if he is building 2 storeys. However, if he has NO openable windows on this wall he need only set it back 1m. This applies to any building of 2 storeys that’s under 300sq m in total area.

2. The roof overhang is, in usual Thai practice, around 1.5m deep, but this may vary depending on the roof structure and design preferences. Good practice is to have a minimum of 1.2m for eaves.

3. He is required by law to prevent any rainwater run-off from discharging into your property, and so must put gutters on that part of the roof likely to do so.

4. And it’s worth discreetly checking your neighbour’s total (gross) floor area. If it is 300 sq m or more (counting all floors) then the furthest extent of his roof overhang must be 2m back from the property line, inclusive of any gutters.

If anybody has any thoughts / answers on (1), (2) and (3) I’d be grateful; I’d like to nip this in the bud before he starts putting on his roof tiles. The developer of the moobarn refuses to get involved saying as the neighbour has building permission its up to us to sort out with him, however I’m pretty sure that we have a good case.

[teacup]

This's all I can find out

"บ้านเดี่ยว ที่ดินแต่ละแปลงต้องมีความกว้าง และความยาวไม่ต่ำกว่า 10.00 เมตร และมีเนื้อที่ไม่ต่ำกว่า 50 ตารางวา หากความกว้างหรือความยาวไม่ได้ขนาดดังกล่าว ต้องมีเนื้อที่ไม่ต่ำกว่า 60 ตารางวา ตัวอาคารต้องห่างจากเขตที่ดินทุกด้านไม่ต่ำกว่า 2.00 เมตร "

It says...if it's in the "moobaan development" then it must follow this regulation

The lot must not be less than 10 meter long

The lot must not be less than 50 talangWah

If you have odd shape lot, then the minimum land area must not be less than 60 talangWah

and

The minimum building setback(not the roof overhang) from the property/lot line must not be less than 2 meter

I think they have one set of regulation to use for the whole country

Go to the city building permit dept and check it out.....or to complain

Good luck

[astral]

At the least the rain water from his roof will drain onto your land.

Check with the Tessabahn office.

[Bredbury Blue]

Teacup - thanks, atleast that established that they're building is 1 metre too close to the building line.

Astral - exactly what i DON'T want to happen.

[lopburi3]

I believe the setback for residental property is one meter but most people don't let it upset them and it is not normally enforced; and many people build to wall (but may ask when doing that). Gutters to keep rain out of next plot are required.

[Nawtilus]

It is 1m and the rules are quite relaxed, even in Bkk, so upcountry I am not sure anyone...except you...will give a hoot.

[astral]

Another factor to bear in mind is that you have to live next to this neighbour.

Thais can be obnoxious, even dangerous if they feel they have lost face.

[tutsiwarrior]

I believe the setback for residental property is one meter but most people don't let it upset them and it is not normally enforced; and many people build to wall (but may ask when doing that). Gutters to keep rain out of next plot are required.

we gotta problem with our neighbor whose roof eaves are less than 6" from the wall of our new addition. I pointed this out to the wife who is the project manager and to our construction superintendant. They did not seem concerned. I don't want a drop of rainwater from his roof impinging on our wall and there does not appear to be any space for guttering.

I suppose we could go to the tesseban if when the rain comes we got a big problem...trouble is the owner dude drives a garbage truck for the municipality and may have more influence than us...

[womble]

I doubt a garbage truck driver would have much power or influence.

Get a decent Thai lawyer, get them to go to the tessaban and find someone who will help you. Give them a little tea money and get them to sort it for you.

[pop3]

In my old house they built so close we ended up sharing the same gutter's !

[The Skipper]

Mi Ben Ri... and when 16 people move in and start the Karaoke Box all nite... Mi ben Ri..

Better to rent.

[Bredbury Blue]

Well my wife spoke with the builder and the neighbour (a yank) and they realised that they needed to cut back the trusses. They have cut them back inside his building line and i think that's probably the end of it. Thanks for eberyone's advice and comments.

[BKK90210]

Glad to hear it ends well for you

[Indifferent]

Lucky the neighbour was a foreigner. Common sense prevailed (or at least reason).

I had a similar incident with a Thai family. After lots of pleading and talking I eventually waited until they built it and then went along my boundary with a chainsaw and let them take me to court.

They never took me to court

But when they built the extension..it was far further back

[Firefan]

He,he - you are a brave man Mr. Indifferent! Cheers!

[lingling]

Lucky the neighbour was a foreigner. Common sense prevailed (or at least reason).

I had a similar incident with a Thai family. After lots of pleading and talking I eventually waited until they built it and then went along my boundary with a chainsaw and let them take me to court.

They never took me to court

But when they built the extension..it was far further back

Somehow I don't believe you. Where did you get hold of a chainsaw?

[dr_Pat_Pong]

He,he - you are a brave man Mr. Indifferent! Cheers!

[Bredbury Blue]

Well my wife spoke with the builder and the neighbour (a yank) and they realised that they needed to cut back the trusses. They have cut them back inside his building line and i think that's probably the end of it. Thanks for eberyone's advice and comments.

The neighbours roof and the garden wall between our plots are now complete and quite how far back from the boundary line the roof line is very hard to tell by the naked eye - not much lets say. That got me thinking and i have the following dumb question which i should know the answer to but here goes:

When raining in thailand does the rain water fall directly down vertically from the roof eaves, or, does it fall down and out at an angle (if so how much)? Anybody?

The builder is still there for about another month so now is the time to tackle them (again) if still a problem.