A generator room under your condo: the court awarded 3 million baht
Noise is one of the most common complaints in condominium living. In this case it came from a room the buyers had never been told about, and the Supreme Court used the special powers of a consumer court to compensate them.
In short
- The contract said the space under the unit was parking. It was a backup generator room.
- The court could not order the generator moved, because it is common property and moving it needs a vote of the co-owners.
- Instead the court used its power to choose a suitable remedy: 1 million baht in damages plus 2 million baht in punitive damages.
What happened
A married couple bought a unit in a condominium on Phahonyothin Road for 1,850,000 baht. About a month after they moved in, the power went off one night. A loud roar and strong vibration came up through the floor for a long time.
The next day the building manager told them that the backup generator room was directly under their unit. The sale documents had said the space below was parking.
The developer added rubber mounts under the generator, built a separate support for the exhaust pipe, which had been fixed under their floor, and extended the pipe beyond their unit. The vibration, soot, smell of oil and burning, and the noise continued. The couple sued and asked the court to order the generator moved.
The legal problem
The court found that selling the unit without disclosing the generator room, while describing the space below as parking, was a material difference that directly affected the couple's home. It was a breach of contract. The couple could have ended the contract and claimed damages, but they had only asked for the generator to be moved.
That was not possible. A generator serving the building is common property under the Condominium Act. Moving it is an alteration of common property, which needs a resolution of at least half of all the co-owners' votes (section 48(6)). The court could not order the developer to do something that depended on the co-owners' vote.
Ask what is above, below and beside the unit. Before you book, ask the developer in writing what is directly above, below and next to the unit: plant rooms, generators, pumps, rubbish rooms or car park ramps. Check the answer against the floor plans.
How the court solved it
Section 39 of the Consumer Case Procedure Act allows the court, where the remedy the consumer asked for is not enough to put right the harm, to decide on a suitable remedy even if it goes beyond what was asked.
In decision No. 7567/2562, the Supreme Court found that the developer's conduct was a continuing wrong against the couple, affecting their home through smoke, noise, vibration and safety. It:
- awarded 1,000,000 baht in damages, and
- found that the developer had disregarded the harm and failed in the responsibility expected of a business the public relies on, so it added punitive damages of twice that amount, 2,000,000 baht (section 42).
In total the developer was ordered to pay 3,000,000 baht, with interest at 7.5% a year from the date of filing (the statutory rate at the time).
What this means for buyers
- A difference between what you were told and what you received can be a breach of contract even if the unit itself is as described.
- In a consumer case, asking for the "wrong" remedy is not fatal. The court can choose one that works.
- Write down what the developer tells you about the surroundings of the unit, and keep the plans.
Legal references
- Consumer Case Procedure Act B.E. 2551 (2008), sections 39 and 42
- Condominium Act B.E. 2522 (1979), sections 4 and 48(6)
- Supreme Court decision No. 7567/2562 (2019)
This explainer gives general information about Thai law as at 14 October 2026. It is not advice on your situation. Interest rates and amounts in court decisions reflect the law when each decision was made. Contact the office before you act.