When purchasing a residence, there are several factors that consumers consider, including location, usable space, design, and price value. However, there is another crucial factor that many may overlook: legal issues, particularly those related to the regulation of housing projects and condominiums. This is an important aspect to study and verify before making a purchase decision to protect one's interests and prevent future problems.

DDproperty, Thailand's number one real estate marketplace, recommends key legal points regarding housing projects and condominiums that consumers should know to plan and build confidence before deciding to buy a home, as well as to help avoid unexpected disputes later on.

“Land Allocation Law and Building Control Law” - Issues Home Buyers Must Not Overlook
When buying a home, buyers need to have information and an understanding of the relevant legal issues to prevent potential problems later on. The main laws of interest include the “Land Allocation Act” which regulates and limits the rights of various types of land allocation. Notably, the public utilities as stated in the announcement of the Revolutionary Council No. 286 (B.E. 286) state that “public utilities provided by the land allocator for the land allocation according to the approved plans, such as roads, parks, and playgrounds, shall be considered as encumbrances for the benefit of the allocated land, and it is the duty of the land allocator or the subsequent transferee to maintain these utilities in their original condition indefinitely and to refrain from any actions that would diminish the benefits of the encumbrance.”

Subsequently, the Land Allocation Act B.E. 2543 was amended and enforced, maintaining the original essence that public utilities established in allocation projects must remain in their original condition indefinitely. Most real estate projects do not inform buyers about the history of the land, whether it was previously allocated land under laws that cannot be used commercially. Therefore, before purchasing a housing project, buyers should check with the local land office to verify whether the land in the project was legally allocated to prevent future issues.

Additionally, there is the “Building Control Act” which states that even if buyers own the house directly, any extensions must comply with building control laws. Generally, homeowners cannot extend their homes to fill the entire area because the law specifies setbacks and open spaces for buildings and land zones. Homeowners must apply for permission from local government officials, along with approved plans from architects and construction engineers. Furthermore, extending or expanding the project’s fence without permission from the project owner is also illegal, as the project fence defines the boundary between private home space and project space, thus being common property and directly owned by the project owner.

What Laws Should You Study if You Want to Own a Condominium?
Condominiums are popular real estate among first-time homebuyers and investors, with new projects continuously entering the market. These projects often allow reservations before actual construction begins, presenting a golden opportunity for consumers to secure rooms at lower prices, with attractive promotions and more choices in room locations. However, reserving from paper carries more risks than purchasing completed projects, as unforeseen events may halt construction or delay delivery. Before deciding to reserve or buy a condominium, consumers should study whether the project complies with the Condominium Act and the Building Control Act thoroughly, considering the following main points:

Most condominium projects must obtain approval for an Environmental Impact Assessment (EIA) report before applying for a construction permit. Interested buyers can inquire from the project sales team.

Registration as a condominium has implications for ownership of the unit, registration of rights and legal acts, and the establishment of a condominium juristic person. These factors differentiate condominiums from apartments and allow buyers to hold joint ownership in that project.

Building control laws regarding safety not only directly affect the long-term safety of residents but also reflect the project owner's responsibility towards the surrounding community. Projects must detail plans to comply with building control laws concerning safety, such as fire protection systems, ventilation systems, and wastewater treatment systems before discharging into public drainage.

Setback regulations are measured from the center of public roads. Projects with buildings adjacent to public roads must maintain setbacks from the center of those roads according to specified widths, varying based on the road width where the project is located.

Moreover, when categorized by type, high-rise and low-rise condominiums have different regulatory requirements:

Low-Rise Condominiums
For projects not exceeding 8 stories, at least 30% of the area of the largest floor must be open space. The setback regulations state that projects with a height of up to 8 stories must have openings, doors, windows, or ventilation openings on the second-floor balcony or must maintain a distance of at least 2 meters from neighboring land for buildings not exceeding 9 meters. For floors above the third story or those exceeding 9 meters but not reaching 23 meters, walls or balconies must be at least 3 meters away from the property boundary.

High-Rise Condominiums
For large buildings or those exceeding 23 meters in height or with a total building area of 10,000 square meters or more, at least 30% of the land area must be open space.

Safety construction regulations require that projects exceeding 23 meters in height or with a total usable area of 10,000 square meters or more must maintain a distance of more than 6 meters from neighboring land.

The width of the land in front of the building and the size of the road must meet the following criteria:

Buildings with a total area of up to 30,000 square meters must have at least one side of the land measuring no less than 12 meters adjacent to a public road that is at least 10 meters wide, continuously connecting to another public road with a right-of-way of at least 10 meters.

Buildings with a total area exceeding 30,000 square meters must have at least one side of the land measuring no less than 12 meters adjacent to a public road with a right-of-way of at least 18 meters, continuously connecting to another public road with a right-of-way of at least 18 meters.

In both cases, the land adjacent to public roads must be at least 12 meters wide, continuously extending to the building site, and must be kept clear for easy access for fire trucks.

Projects Passing “EIA” Guarantee No Environmental Impact
In addition to the differing regulations for housing projects and condominiums, both types must pass the approval of an Environmental Impact Assessment (EIA) report, which is required for almost all large construction projects before construction begins. The purpose is to prevent construction projects from causing environmental problems that could impact the economy, society, and health of the surrounding community in the long term, both during and after construction.

The National Environmental Quality Promotion and Conservation Act B.E. 2535 states that large construction projects can only proceed after EIA approval. Therefore, real estate developers often use EIA approval results as a selling point to attract interest and build confidence among buyers before reservations, assuring them that the project can indeed proceed with construction. Conversely, any project that fails the EIA cannot continue construction, even if reservations have been made beforehand, posing a risk that buyers must bear if they choose to reserve and pay down on a project that has not yet passed EIA approval, which could be canceled at any time.

For residential projects that legally require EIA approval, housing projects must cover more than 100 rai or subdivide land into at least 500 plots, while condominium projects requiring EIA must have a total usable area of at least 4,000 square meters or at least 80 units, meaning that most high-rise condominium projects must undergo EIA to assess overall environmental impacts, while some low-rise condominium projects may not require EIA at all.

Nevertheless, purchasing a home is a significant decision that consumers must make carefully and thoroughly, as it is a high-value asset with a long repayment period. Studying legal issues to inform decision-making to help reduce potential risks before deciding to buy is crucial and should not be overlooked, as consumers may not frequently purchase residences in their lifetime. The number one real estate marketplace in Thailand, DDproperty (https://www.ddproperty.com), has compiled interesting articles to serve as a knowledge hub for those wanting to own a home, along with updates on the real estate sector and listings for buying/selling/renting across various locations nationwide, including reviews of new projects to help those aspiring to own a home or condominium find the most suitable living space for their lifestyle.