building over property border

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building over property border

Postby incobart » Wed Jul 03, 2013 3:52 pm

Goodafternoon,

I am building a house on a piece of land.At the back of the house the property border joins no-mansland, or gouverment land, cause ther is a small watercanal running behind.
because no-one will ever build behind I let the house start at the borderline.. and even on the 3 th floor i let the balcony come over the property line,
Totay Oaboatoa came to look and stopped the construction, saing that the house is too close to the property line (the balcony is not yet there)..

Whet can I do or what will happen ?

can anyone give me advise ?

Thanks
Chris
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Re: building over property border

Postby fredlk » Wed Jul 03, 2013 3:56 pm

incobart wrote:because no-one will ever build behind I let the house start at the borderline.. and even on the 3 th floor i let the balcony come over the property line,
Totay Oaboatoa came to look and stopped the construction, saing that the house is too close to the property line (the balcony is not yet there)..

The property line is the extent of your property. To go over it is illegal. Other laws stipulate that there must a minimum of 1 metre between any building and the property line and 2 metres if there's a window in the wall.
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Re: building over property border

Postby incobart » Wed Jul 03, 2013 4:15 pm

I know ... but what can i do now to solve the problem ?
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Re: building over property border

Postby BKKBILL » Wed Jul 03, 2013 5:32 pm

incobart wrote:I know ... but what can i do now to solve the problem ?


This is something that is enforced but then you knew that, once officialdom has become involved you have two options with the proper one being remove the portion of the house that is not in compliance. The other option is talk to the Orbator/Tessaban and ask him what can be done, tea money may be involved and this may be a short term solution.
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Re: building over property border

Postby fredlk » Wed Jul 03, 2013 6:28 pm

If the floor is already poured next to the property line that's not a problem, but walls are so if the walls are already there break them down.
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Re: building over property border

Postby incobart » Wed Jul 03, 2013 8:44 pm

till now nothing is put next to my property, it is within the lines, but 1 side (backside, that connect to the gouverment land with small brook (waterstream) on it comes to the line, and is not 1 or 2 m away from the line ( as explained in the first reply).. I disturb nobody cause just nature , nobody will own or build, oabotoa came only because someone go to blab (tell them)
on the 3th floor ( on witch they will start next week, i planned a balcony, wich will cross the line)
I can not just brake down the wall and move 2 m, cause everything is concrete construction on pilars

If necessary I can cancel the balcony .. but I cant just move the 3 floor building 1 m
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Re: building over property border

Postby BKKBILL » Wed Jul 03, 2013 9:28 pm

You have 420 sq.M in Phuket and yet built on the property line we all got that part. It really doesn't matter what’s on the other side of the line. If your house is built with the normal 4 meter grid you could remove walls on the portion abutting property line as fredlk suggested.

Best talk to whoever issued the stop work notice since they seem to have the power.
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Re: building over property border

Postby schuimpge » Wed Jul 03, 2013 9:45 pm

Amazing...you know the rules, you knowingly break them and then you ask what can be done about it.
The last thing I read about water ways here on CTH is that even if you owe the land next to it, you can't build on it within like 4 meters or so?.. You can not even put a fence or property wall on it if it's within a certain distance to the waterway.. So if i understand all this correctly, you are in for far more 'tea money' than you've ever wished for and, rightfully so...somebody blabla'd about it... I sure would do the same...what arrogance to think you're above the law when you know the rules..
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Re: building over property border

Postby incobart » Thu Jul 04, 2013 12:00 am

sorry :cry:
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Re: building over property border

Postby MGV12 » Thu Jul 04, 2013 8:38 am

incobart wrote:sorry :cry:


Encroachment on public land [of all types] is a major issue in Phuket currently. Allegedly 12,000 Rai of such land has been encroached upon over the years and a witch hunt is taking place. As usual the 'tiddlers' will be the first [and maybe last] to be brought to 'justice' and made an example of ... the 'big fish' will employ top lawyers to find loopholes to make it go away or simply keep the battle going on for years ... usual practice.

You had better start thinking seriously about how you are going to adapt your building to comply .... as this is very unlikely to go away with even a case of Black Label Johnnie Walker.

Any idea who reported it?

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Re: building over property border

Postby incobart » Thu Jul 04, 2013 4:10 pm

Today, went to talk to the guy at oabotoa.

he said legaly you have to stay away 3 m away from the brook. I told him that behind the border of my land there is still 7 m land with trees to reach the small brook, so no danger, far away anough.
He said he understand, but the law make this rule, if your land connect with brook area, you must build 3 m inside. Balcony or something is no problem, just your pilars that support the house should stay 3 m away.
Look like he understand, and see there is no poblem, but because someone came to tell , he has to follow the law rules

He say the only right solution you have is break the building down and move...

Tomorrow he come to look and see what best we can do .. :-(((
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Re: building over property border

Postby MGV12 » Thu Jul 18, 2013 9:11 am

incobart wrote:
Tomorrow he come to look and see what best we can do .. :-(((


Not even logged on since then ... July 4 ... doesn't suggest a happy ending!

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