There are only three ways this ends, and the third one is demolition
One, change the drawings to match what was built, by applying for approval of what already exists.
Two, change what was built to match the drawings, by removing whatever exceeds them.
Three, demolish, which happens when what was built cannot be made lawful at all.
So the whole article reduces to one question: which of the three is your case in?
And the answer does not depend on how far the work departed from the drawings. It depends on what it departed on.
This covers the levels of departure, which are still fixable, which are not, how the process works, and the consequences that follow even when no official ever knocks.
How it gets discovered
Many people assume that if nobody inspects, nothing happens. True in the short run and false in the long run.
The routes by which it surfaces are more numerous than expected.
- Inspection during construction, the most direct route.
- A neighbour complaining, especially about setbacks and blocked light or air, the leading cause in housing estates.
- Applying for a house number and a permanent meter, where this paperwork is called for.
- At sale, when a buyer or an inspector compares the drawings with the building.
- When applying for finance, because banks value security on what is lawful.
- At the next extension, which requires new drawings showing the current state.
The last two are where people meet it most often, and usually while in a hurry to sell or to borrow, which is the worst possible time to start dealing with it.
The levels of departure
This is what decides everything, because not every difference matters equally.
Level one, details that do not affect any requirement.
Moving an internal door, changing finishes, or swapping a bathroom and a store within the same footprint.
These are usually resolved by updating the drawings to match reality, and are not a serious problem.
Level two, affecting requirements but still within what is permitted.
Adding floor area beyond the drawings, roofing over a car port, or enclosing what the drawings showed as open.
These still have a way out, if what was built remains within what the rules allow and approval can be applied for.
Level three, breaching requirements that cannot be waived.
Building past the setback until it is closer to the boundary than the law permits, exceeding the height the zone allows, or leaving less open space than the minimum proportion.
This is the group where no drawing can be approved, because what was built conflicts with the requirement directly.
The only route is bringing the building back within the limit, which means removing the excess.
Level four, affecting structure and safety.
Adding a storey onto a structure never designed for it, or removing columns or beams to open a space.
The most serious group, because it is not merely a paperwork question. The house may genuinely be unsafe, and an engineer must assess it before anything else is considered.
When the local official gets involved
The Building Control Act B.E. 2522 empowers the local official to order construction, alteration or relocation stopped, under section 40, on finding a breach.
What generally follows in practice:
- An order to stop the work.
- An assessment of whether what has been done can be made lawful.
- If it can, an order or direction to apply for approval or to correct it within a set period.
- If it cannot, a process leading towards demolition.
What to do immediately on receiving an order is genuinely stop.
Because continuing after a stop order makes the situation worse in every direction, both legally and in the amount that will eventually have to come down.
And consult the architect or engineer responsible for the drawings at once, to establish which of the four levels your case is in, because that determines every option available.
Route one: change the drawings to match
The best route where it is available, and the one people overlook because they assume nothing can be changed once built.
The principle is to apply for approval of an alteration, showing the actual condition in new drawings, certified by licensed professionals.
What to expect:
- An architect and engineer must produce new drawings, which costs money.
- Added area or added structure may require calculations.
- The official may set conditions requiring some parts to be changed before approval.
- It takes time, and the submission must be complete first time.
This route works for levels one and two, and not at all for level three.
Route two: change the building to match
Removing or adjusting whatever exceeds the drawings until what remains matches what was approved.
It sounds painful, but in many cases it is cheaper and faster than trying to obtain retrospective approval for something that cannot be approved.
The common example is a car port roof past the setback. Cutting back the part that projects until it falls within the permitted distance can end the matter in days.
What to do before demolishing anything is have the designer confirm exactly how much has to go, because demolishing progressively without a target means paying twice.
Route three: when demolition is the only route
Unavoidable where what was built conflicts with the requirements in a way that minor adjustment cannot cure.
For instance a whole building sitting inside the setback along its entire length, or a building type that could never have been built in that zone.
In that situation the answer is not delay. It is consulting a lawyer and the designer together to see whether the scope of what must come down can be reduced.
Sometimes removing only the offending part is enough, and learning that early saves a great deal.
Consequences even when nobody ever orders anything
Plenty of houses live with a departure for a decade with no official at the door, and the effects arrive anyway.
At sale, a careful buyer compares the approved drawings with the building, and a mismatch leads to a discount or a condition to fix it before transfer.
When borrowing, banks value security on what is lawful, so extensions with no paperwork may not count towards the valuation.
For fire insurance, tell the insurer what the building actually is, because insuring something that does not match what was declared risks a dispute at claim time.
On inheritance, the next generation usually does not know anything is outstanding, and finds out when selling or renovating.
At the next extension, which requires drawings showing the current state, so the old issue surfaces alongside the new work.
Preventing it
- Have the site supervisor compare drawings against the work periodically, not at completion.
- Photograph every stage, especially before walls are closed and before slabs are poured, because that evidence is genuinely useful later.
- Ask the designer before changing anything mid-construction, every time, whether the change affects any requirement.
- Be wary of we can amend the drawings later from a builder, because they are not the one who carries the consequence.
- Do not start before the permit, which is the origin of a great many of these cases.
The permit process is in can you lodge a building permit yourself, and zoning limits are in how a town plan changes land value.
Frequently asked questions
Does departing from the drawings always mean demolition?
No. It depends on what it departed on. Details that affect no requirement, or that remain within what is permitted, can be brought into compliance by applying for approval.
Which level cannot be fixed?
Anything conflicting with a requirement directly, such as encroaching on setbacks, exceeding the permitted height, or falling below the minimum open space, because no drawing can be approved.
What should I do first on receiving a stop order?
Genuinely stop, then consult the architect or engineer responsible immediately, because continuing makes it worse both legally and in the amount that must eventually come down.
Nobody has inspected. Can I leave it?
In the short term yes, but it surfaces at sale, when borrowing, when applying for a house number, and at the next extension, which are usually the moments you are most in a hurry.
How do I change the drawings to match?
Apply for approval of an alteration showing the actual condition, certified by licensed professionals, which works where the work remains within what the rules permit.
The builder says we can amend later. Can I rely on that?
Be careful, because some cases can be amended and some cannot at all, and the person carrying the consequence is the owner, not the builder.
Does it affect fire insurance?
Tell the insurer what the building actually is, because insuring something that differs from what was declared risks a dispute at claim time.
How do I prevent it?
Have the supervisor compare drawings with the work periodically, photograph every stage before walls close, and ask the designer before any change during construction.
In short
- Three ways it ends: change the drawings, change the building, or demolish.
- Which applies depends on what the departure was about, not how large it was.
- Anything conflicting with a requirement directly cannot be approved by any drawing.
- Anything affecting structure needs an engineer before anything else.
- A stop order under section 40 means stopping, then calling the designer at once.
- Before demolishing, confirm exactly how much has to go, to avoid paying twice.
- Even with no order, it surfaces at sale, at financing, and at the next extension.
- Prevent it by comparing drawings to the work periodically and photographing every stage.