LEGAL PROBLEMS RELATED TO THE REPARATION AND MAINTENANCE OF PUBLIC UTILITIES AND PUBLIC SERVICES OF LAND DEVELOPERS

Abstract

          The objectives of this research were three - fold: 1) to study the legal problems about the utility management does not follow the project layout and allocation method 2) the legal problem regarding to powers and duties of the committee, the sub - committee or the person entrusted by the committee cannot exercise complete power and 3) the legal problem regarding to buyer of the developed land does not operate or who was unable to establish the housing estate juristic person within the period specified by the land developer. This study was qualitative research by research method of studying information from the document about the law of land allocation according to the Announcement of the Revolutionary Council No. 286. Land Allocation Act, B.E. 2543, Amendment (No. 2), B.E. 2558. The Ministerial Regulations announcements, regulations and requirements related in Thailand and abroad by studying the law, text, articles, thesis research reports, and searching for information and related documents on the Internet, by analyzing content classification. The results of the study were as follows: 1) the legal problems about the utility management do not follow the project layout and allocation method that divided into 2 cases 1.1) the land developer does not complete the layout 1.2) the land developer does not proceed in faultless with the layout. 2) the legal problem regarding to powers and duties of the committee, the sub - committee or the person entrusted by the committee cannot exercise complete power found that authority of public utilities inspection by the developer was not meet the intent of the law, even though any additional amendments. 3) the legal problem regarding to buyer of the developed land does not operate or who was unable to establish the housing estate juristic person within the period specified by the land developer that was divided into 2 cases 3.1) the quorum and resolution of the meeting problem 3.2) the land developer are irresponsible and attentive.