THAILAND Law and Practice Contributed by: Olaf Duensing, Jerrold Kippen and Weeraya Kippen, Duensing Kippen, Ltd.
insider of the debtor, the three months will be extended to one year prior to the petition. 3.10 Taxes on Loans Normally, the registration fee for a mortgage over immovable property is an amount equal to 1% of the loan, but not exceeding THB200,000. How - ever, see 2.10 Taxes Applicable to a Transac- tion for the current reduced rate. 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning The Town and City Planning Act and the Enhancement and Conservation of National Environmental Quality Act control land use and zoning in Thailand. However, the specific, detailed and varied appli - cation of these Acts is implemented by regula - tions or announcements, as the case may be, issued under the Acts that apply to specific geo - graphic localities in Thailand. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The BCA controls the construction, refurbish - ment and demolition of buildings. The standard provision of the Act applies to all such activity. However, under the Act, structures intended for a specific use (eg, hotels, condominiums and shopping malls) are considered “controlled structures” and more detailed and rigorous regulations issued under the Act and specific to each are applicable. Regulations may also be issued from time to time, applicable in specific localities, that prescribe particular design and
appearance requirements for newly constructed or modified buildings. 4.3 Regulatory Authorities The Town and City Planning Act, the Enhance - ment and Conservation of National Environmen - tal Quality Act and the BCA regulate the devel - opment 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, regula - tions and announcements, as the case may be, issued under the Acts that apply to specific geo - graphic localities in Thailand. Local government administrations are responsible for the applica - tion and enforcement of the Acts and regulations issued thereunder. 4.4 Obtaining Entitlements to Develop a New Project In general, the right to develop any new project or complete a major refurbishment is provided by obtaining a construction permit issued under the BCA by the relevant local government adminis - tration. The local administration’s decision as to whether such permission will be granted must also take into account compliance with all other applicable land use law, such as the Town and City Planning Act and the Enhancement and Conservation of National Environmental Qual - ity Act, as well as other controls applicable to some types of construction. These include any requisite initial environmental examination or, for larger projects, any environmental impact assessment report, including analysis of a pro - ject’s expected effects on third parties. 4.5 Right of Appeal Against an Authority’s Decision A denial of construction permission under the BCA may be appealed to the relevant local government administration within 30 days of
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