Residents battle Bangkok developer

SUNDAY, NOVEMBER 11, 2012
Residents battle Bangkok developer

Living near the construction site of the Aspire Condominium project in the Soi Chinnakhet community, Santipat Prombutr and his neighbours have a number of reasons to complain.

Construction debris – including nails – often rains down on the compound where his house is located. Cigarette butts have also been found, leading to fears that his house might catch fire. The looming condo building blocks out the sun except for a few hours in the morning, and Santipat’s once-majestic view is but a memory.
And he’s not alone. Dozens of families in the community in Lak Si district are locked in battle with the developer, Asian Property Development. With help from the Stop Global Warming Association, they won the Central Administrative Court’s support for their first lawsuit, which demanded the developer limit construction times.
However, the contractor breached the court’s order and the nuisance has continued, prompting the residents to seek the revocation of the construction licence. In a month, the lawsuit should land on the court’s doorstep, he said.
Santipat complained that officials at the Lak Si District Office were less than helpful when he lodged a complaint. They took some action, but it is far from solving the real problem. So now he’s considering filing a complaint against these officials for negligence. “When the construction materials fell down, the district office informed us that some portions of the safety nets were damaged and the project’s owner would be fined and ordered to prevent such incidents from recurring. We don’t think such measures will really help,” Santipat said.
“In the end, we’ll have to ask the Bangkok Metropolitan Administration to order the dismantling of this building. It’s in violation of the laws,” he said.
In February last year, the Central Administrative Court issued an injunction requiring the condominium’s contractor to limit working hours to between 8am and 5pm on weekdays. The developer must also submit reports on environmental impacts such as vibration, noise and dust levels on a monthly basis.
A source from Asian Property said the company has tried to do everything in accordance with the court’s order. It has repaired nearby buildings damaged by the construction of the condominium, and paid out compensation. “We have implemented controls on the construction process to minimise impacts on the buildings nearby. And we have honoured compensation [obligations],” he said, adding that the company strictly follows the rules.
But that hasn’t satisfied Santipat, the leader of the community. He said the contractor was still in violation of the court’s order. The project clearly causes pollution, blocks views and sunlight, and looks set to cause traffic problems. To Santipat, only a complete halt to construction or the outright purchase of all 39 houses affected would resolve the conflict.