Essential Guidelines for Building Construction in Thailand

Zoning and town plan in Thailand

Zoning regulations are critical for construction in Thailand. Land utilization is governed by Ministerial Regulations under the Town Planning Act B.E. 2518 (1975), which divides areas into zones with specific permissible usages. For example, the Comprehensive Town Planning of Bangkok provides detailed zoning information, including:

• Low-density residential area (Yellow zone)
• Moderate-density residential area (Orange zone)
• High-density residential and commercial area (Red zone)
• Rural and agricultural area (Green zone)
• Space for recreation and environment conservation area (Light green zone)
• Educational institution area (Olive green zone)
• Religious institution area (Light grey zone)
• Government institution and public utility area (Navy blue zone)
• Industry and warehouse area (Purple zone)

To verify permissible construction on a plot of land, it is essential to check the land zone. This can be done through the Land Department’s website by entering the district, province, and title deed number. 

Types of construction in Thailand 

There are several types of construction in Thailand, and the Building Control Act B.E. 2522 (1979) categorizes constructions into various types, each with specific definitions and requirements.

Major Types of Construction in Thailand

1. Building: Any construction that people can use or live in, including public assembly areas and facilities like dams, bridges, and tunnels.
2. High Building: A building at least 23 meters high.
3. Large Building: A building with a total floor area exceeding 2,000 square meters or at least 15 meters high with a total floor area exceeding 1,000 square meters.
4. Extra Large Building: A building with a total floor area exceeding 10,000 square meters.
5. Special Building: Constructions requiring special stability and safety standards, such as theaters, libraries, and religious places.
6. Residential Building: Generally used for permanent or temporary dwelling purposes.
7. Commercial Building: Used for commercial purposes, services, or industry using machinery with a production capacity of 5 horsepower or less.

What is the criteria for construction permits in Thailand?

Obtaining a permit for construction in Thailand involves meeting several criteria related to the type, size, safety, and environmental impact of the construction.

Type, Plan, and Size of Construction

• Type of Building: The intended use of the building (residential, commercial, industrial, etc.) must be compatible with the designated zone.
• Building Plan: Submit detailed architectural and engineering plans, including floor plans, elevations, and cross-sections.
• Building Size: Ensure compliance with zoning laws for total floor area, height, and footprint.

Safety and Durability

• Structural Integrity: Design to withstand environmental and man-made forces.
• Material Specifications: Use quality materials suitable for the intended use.
• Fire Safety: Include fire-resistant materials, sprinkler systems, and accessible fire exits.

Facilities and Utilities

• Plumbing and Sanitation: Install adequate water supply, drainage, and sanitation systems.
• Electrical Systems: Ensure a safe and efficient electrical system.
• Gas Systems: Safely install and maintain gas supply systems, if applicable.
• Waste Management: Implement provisions for waste collection, recycling, and disposal.

Environmental Impact Assessment (EIA): For certain projects, an EIA is mandatory:

• EIA Report: Assess potential environmental impacts, including air and water quality, noise levels, and ecological effects.
• Public Consultation: Engage with the community and stakeholders.
• Approval from Authorities: Obtain approval from relevant environmental authorities before construction can commence.

Permit Application Process for Construction in Thailand

The permit for construction in Thailand (AOR. 1)  application process typically takes 1.5-4.5 months and involves several steps and required documents:

1. Preparation of Documents:

• Construction Layout Plan: Detailed drawings and specifications of the proposed building.
• Title Deed Copy: Proof of land ownership or lease agreement.
• Measurement of Construction Work: Detailed measurements of the proposed construction.

2. Submission of Application:

• Submit the application along with the required documents to the local authority or the Office of Public Works and Town & Country Planning.

3. Review Process:

• Initial Review: The application and documents are reviewed for completeness and compliance with regulations.
• Site Inspection: An inspection of the construction site may be conducted to verify details provided in the application.
• Technical Review: Detailed technical review by engineers and planners to ensure the proposed construction meets all safety and zoning requirements.

4. Approval and Issuance of Permit:

• Once the application passes all reviews, the construction permit (Aor. 1) is issued. This permit authorizes the commencement of construction activities on the specified plot of land.

Additional Notifications and Permits

1. Notification of Construction Supervisor (Nor. 4):

• After obtaining the construction permit, the licensee must inform the local competent official of the construction supervisor’s name and the timeframe for starting and completing the construction. This notification must include a written consent from the construction supervisor. 
  • The process takes approximately 2 months.

2. Environmental Impact Assessment (EIA) Report:

• Required for projects specified by the Ministry of Natural Resources and Environment, the process involves public surveys and hearings and generally takes 4-6 months. 
• The EIA report must be prepared by a licensed juristic person and submitted for approval before construction can begin.

3. Factory License (Ror.Ngor.4):

• Required for type 3 factories under the Factory Act B.E. 2535 (1992). The process takes around 4-6 months and may include public hearings.
• The factory license must be obtained from the Department of Industrial Works, Ministry of Industry.

What are the post procedures? 

After completing the construction in Thailand, certain post-construction procedures must be followed to ensure compliance and operational safety.

• Building Certification for Construction in Thailand
• A Building Certification (Aor. 6) must be obtained after construction completion. This involves an inspection by the authority. For high or extra-large buildings, an engineer’s certification of inspection is also required. The application and inspection process can take up to 30 days.
• Additional Certificates and Permits: Depending on the specific business, additional certificates and permits may be required:
  • School Permit: For formal schools, issued by the Committee of Private Education Promotion, Ministry of Education.
  • Factory Operation Notification: Required for factories, submitted to the Department of Industrial Works, Ministry of Industry.
  • Hotel License: Required for hotels, issued by the Ministry of Interior.

Understanding and adhering to the basic conditions for building construction in Thailand is essential for ensuring compliance with local regulations and achieving successful project completion. Contact Benoit & Partners, and our experienced lawyers can help and guide you through every phase, ensuring that you meet all regulatory requirements and achieve a seamless construction experience.