REALWorld Law

Planning / zoning

Thailand

Legislation and planning/zoning controls
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The governmental body that controls strategic planning/zoning in Thailand is the Department of Public Works and Town and City Planning, Ministry of Interior for both regions and localities. This body may delegate its authority to relevant local administrations pursuant to the Plan Development and Process for Decentralization to Local Administration Act B.E. 2542 (1999).

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, the Building Control Act B.E. 2522 and City Planning Act B.E. 2518 and the relevant notifications control in both cases whether a developer or land owner may construct a new building or refurbish an existing building on the land.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, the Building Control Act B.E. 2522 controls the layout of the building such as the setback requirements and there are some local regulations issued pursuant to the Building Control Act B.E. 2522 that apply to certain areas, such as Samui Island, that mandate that the design of the roof of the building must be in accordance with its natural surroundings.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, the Building Control Act B.E. 2522 and City Planning Act B.E. 2518 and its notifications are applicable. The Building Control Act B.E. 2522 controls the setback requirements of the building, and the City Planning Act B.E. 2518 controls the floor area ratio (FAR) (the ratio of a building's total floor area to the size of the piece of land upon which it is built) and the open-space ratio (OSR)(the proportion of a development required to be left as open space) and the designated use of the land.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The Department of Public Works and Town and City Planning, Ministry of Interior. City Planning Act B.E. 2518 and the associated notifications.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

There are many regulations and permits to consider. Which are applicable depends on the type of business operation involved, for example, the Enhancement and Conservation of the National Environmental Quality Act, Public Health Act, Factory Act, Hotel Act and other legislation relate to the type of building that will be constructed on the designated land and the type of business to be operated in that building.

Last modified 19 Jul 2023
Obtaining permission for development
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The developer must apply for a building permit from, or submit a notification of building construction to, the relevant local authorities. The applicant must file an application or submit a notification together with the blue prints and layout of the building. The authorities will consider the application or the notification and the plan based on the relevant zoning and building control regulations. After examination, construction permit approval or receipt of notification (as applicable) will be issued.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, the third parties who may be damaged or affected by the new development have the right to object to the permission.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

No, local authorities have the sole discretion as to whether or not to approve the permission for development. However, if the permission is refused, the applicant can appeal to the Appeal Committee within 30 days from the refusal and if the applicant does not agree with the decision of the committee, the applicant shall file action to a Thai court within 30 days from such decision.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Approximately 6-7 months depending on environmental requirements, and the size and type of the development.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, the applicant can appeal to the Appeal Committee within 30 days from the refusal and if the applicant does not agree with the decision of the committee, the applicant shall file action to a Thai court within 30 days from such decision.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, but entering into an agreement with local or governmental authorities is required only for some of developer activities. For instance, a development on which there is a power or electricity business might be required to enter into an agreement with the government.

Last modified 19 Jul 2023
Validity of permissions and enforcement
- Validity period
- Enforcement
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

One to three years, depending on the size of the project. This time period can also be extended.

Last modified 19 Jul 2023

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The local authorities have the power to enforce restrictions on the developer if the permitted building has not been constructed according to the approved blueprints and layout.

Last modified 19 Jul 2023
Key contacts
Waranon Vanichprapa
Partner DLA Piper waranon.vanichprapa@dlapiper.com T +66 2 686 8555 View bio

Controls on specific new construction and refurbishment

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Thailand

Yes, the Building Control Act B.E. 2522 and City Planning Act B.E. 2518 and the relevant notifications control in both cases whether a developer or land owner may construct a new building or refurbish an existing building on the land.

Last modified 19 Jul 2023

REALWorld Law

Planning / zoning

Thailand

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Waranon Vanichprapa

Controls on specific new construction and refurbishment

Thailand