THAILAND Law and Practice Contributed by: Olaf Duensing, Jerrold Kippen and Weeraya Kippen, Duensing Kippen, Ltd.
The BCA controls the construction, refurbishment and demolition of buildings. The standard provisions of the Act apply to all such activities. However, under the Act, structures intended for a specific use (eg, hotels, condominiums and shopping malls) are con - sidered “controlled structures”, which are subject to more detailed and rigorous regulations issued under the Act. Regulations may also be issued from time to time that apply to specific localities, prescribing par - ticular design and appearance requirements for newly constructed or modified buildings. The Town and City Planning Act, the Enhancement and Conservation of National Environmental Qual- ity Act, and the BCA regulate the development and designated use of individual parcels of real estate throughout Thailand. However, the specific, detailed and varied application of these Acts is implemented by royal decrees, regulations and announcements issued under them that apply to specific geographic localities in Thailand. Local government administra - tions are responsible for the application and enforce - ment of the Acts and regulations issued thereunder. 4.2 Development Process, Challenges and Enforcement The relevant local government administration under the BCA issues the construction permit. The local administration’s decision as to whether such permis - sion will be granted must also take into account com - pliance with all other applicable land use law, such as the Town and City Planning Act and the Enhance - ment and Conservation of National Environmental Quality Act, as well as other controls applicable to certain types of construction. These may include an requisite initial environmental examination or, for larger projects, an environmental impact assessment report, including an analysis of a project’s expected effects on third parties. As local government authorities are responsible for formally granting, denying and enforcing construc - tion permission, an agreement with the local authori - ties regarding a construction project is required as a matter of course in Thailand. However, it is also not uncommon for permission to be conditional on the provision of benefits to the locality, such as new or upgraded public infrastructure.
A denial of construction permission under the BCA may be appealed to the relevant local government administration within 30 days of acknowledgement of the decision. The local government administration must then forward the appeal to the Appeal Consider - ation Committee, which must rule on the appeal within 60 days. If the appellant disagrees with the ruling, they may file an action in the Administrative Court within 30 days. During the appeal process, both the appellant and local government administration are prohibited from carrying out any construction, except where it poses danger to persons or property. Third parties are entitled to challenge a construction permit only if they are an aggrieved person (directly affected). They must first file an internal appeal with the local government administration within 30 days of becoming aware of the permit. Only after the Appeal Consideration Committee issues a ruling can the party then bring the case before the Administrative Court. In the event of there being construction, alteration, demolition or removal of a building in violation of the BCA or regulation issued thereunder, the local govern - ment administration has the power to: • order that such action be stopped; • order that no one enter any part of the building or the area where the action is occurring; • where the issue can be rectified, order the pos - sessor of the building to apply for permission to proceed with the action within a specified period of not less than 30 days; • where the issue cannot be rectified, order the pos - sessor of the building to demolish it, either partly or wholly, within a specified period of not less than 30 days; and • if a demolition order is not complied with, file an ex parte court filing for permission to proceed with the demolition, after which it can then proceed and the party that failed to demolish the building will be liable for all costs incurred by the local government administration. A party that fails to comply with a demolition order may be imprisoned for up to six months and fined up to THB100,000.
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