Property zoning is always overlooked when buying in Thailand. It is very important to view the property before you buy it. Many people have discovered after buying the property that there was something about its location that they did not like. These would include traffic jams on weekends as there is a weekend market close by. Worst when they discover after a year that the location is in a flood zone in Bangkok which they did not consider. Always check the zoning of the property. Both their Environmental Impact Assessment as well as any height limits and distance from the beach as there are laws for all of these.
It is very important for you to consider why you are buying this specific property. Some buyers want a great view of the ocean. However what guarantee is there that another condo building will not be built between your view and the ocean. This problem has arisen before in Thailand in a zoning dispute in Pattaya a few years ago. This where another development was being built. Right between the ocean and the condo unit owners of an earlier development.
If you are buying for an ocean or mountain view. Then you should consider a due diligence study to ensure that the zoning between you and the ocean is not for another high rise.
Always have the property checked for a servitude as this may affect the property value later when you try and resell the property.
See why usufructs are important in Thailand. This may provide an option for those who do not wish to register a superficies when married.
When buying off-plan in Thailand the zoning becomes important. This as well as your condominium building might be obstructing someone else’s view. This occurred in 2014 in Pattaya again when a 53 story building at the Bali Hai Pier was stopped as it blocked the view of Pattaya Bay. As with zoning, there are also laws in Thailand with regard to
– Laws stipulating how close you are allowed to build from the ocean line
– Laws covering the height of buildings in certain areas.
The Condominium build was stopped by the mayor as people’s complaints accused the developer of building a structure both taller and closer to the beach than permitted. They also noted that it also obstructs the view of the Prince Chumphon Khet Udomsak statue sitting on the top of Pratamnak Hill.
This is the reason why a due diligence study is very important. The building continued later and is now a completed project. This is however merely to show you the risk involved when buying off-plan.
One of the interesting complaints during the development was that there was the accusation at the building did not fit the Environmental Impact Assessment. There was a law covering the Bali Hai area forbidding building within 100 meters of the waterline.
This became more interesting as the property was built on reclaimed land. The reclaimed land pushed the waterline more than 100 meters out. The building as stated was completed but again, if you are going to buy a brand new condominium then consider a proper due diligence study before you deposit money or transfer money into Thailand.
Speak to a property lawyer in Thailand for more information and assistance.