Get To Know The Phuket Building Laws

The White Elephant has long been considered a sacred animal in Thailand, and to be given a white elephant by the king was a great honor, as it meant you enjoyed royal favor. However, since it was forbidden by law to use a white elephant for work, this exalted gift served no practical function, and was very expensive to maintain.

The expression “White Elephant” thus came to symbolize a gift of no practical use, and later building projects which drain the finances without ever being fully realized.

Phuket contains more than one decrepit building, which was either never finished or was forced to be abandoned because it was built illegally. You can even find beachfront hotels and luxury villas which have suffered this fate because the sale of the property was illegal to begin with, and the buyer’s due diligence was either poor or not conducted at all.

In short, these “visionary projects” become White Elephants, often out of failure to follow the rules.

If you’re considering an investment in Phuket land with an aim to building a condominium, hotel or even your own home, it is imperative that you make yourself familiar with the zoning laws which apply on the island.

Keeping the White Elephants Away: Use a Lawyer

If you plan to acquire land in Phuket, and build on it, don’t take any action before speaking with a reputable lawyer. An experienced attorney will help you conduct due diligence on the land in question – a necessary step before you even pay the deposit.

Should you proceed with the purchase before a thorough examination of the land title, you may learn that construction is not permitted, or worse yet, that you don’t even own the property in question. There follows a brief summary of some of the pitfalls you will hope to avoid – pitfalls that an experienced lawyer can help you to navigate.

Don’t Zone Out: Pay Careful Attention to Zoning Laws

Zoning laws specify the residential and commercial construction which is allowed within a specific jurisdiction, including both the restrictions, as well as the permitted uses in a given district.

All buildings in Phuket are subject to local regulations which include the height and/or actual number of storeys which are permitted, the type of building allowed on that specific plot (e.g. single family home, multi-unit dwellings, commercial building). If building on a hillside, the developer must also take into account the gradient, and if building on the seafront, the distance from the waterline is a critical restriction.

While some may occasionally find the zone restrictions in Phuket to be cumbersome, they are not difficult to understand. As an island with hills, for example, it makes perfect sense that there would be restrictions surrounding building on a slope or near the shoreline.

The Ministry of Interior in Thailand contains several governmental departments which may play a roll in the review of or changes to local zoning laws. While specific circumstances may require the participation of other agencies, the main departments include:

Ministry of Natural Resources and Environment

Ministry of Science, Technology and Environment

Department of Public Works & Town and Country Planning

Office of Natural Resources & Environmental Policy and Planning

The Beach: How Close is Too Close?

One of the most common zoning violations occurs when a villa, condominium complex, or even a hotel is built too close to the beach. It is even possible that local government permission was received before breaking ground, but that so-called approval may not prevent you from having a White Elephant on your hands.

The following guidelines pertain to any buildings along the coast:

• Within 50 meters of the high tide mark inland you may build to a maximum height of 6 meters
• Measuring inland between 50 and 200 meters from the high tide mark, you may build to a height of up to 12 meters
• Measuring inland between 200 and 400 meters from the high tide mark, the maximum allowable height is 16 meters
• In allowable areas, 23 meters is total maximum height to which you may build.

It is generally accepted that the high water mark is used to measure the approved distance from beach at which you may build. But people do unwittingly build too close to the sea because they trust their developer’s interpretation of high tide. If beachfront property is the only thing you will accept, please ensure that your developer follows an official land survey. Not doing so could have disastrous consequences.

Forestry Reserve Land: Is This Land Really Your Land?

Anyone who buys property in Phuket is always advised to conduct thorough due diligence, and this never more critical than when the property in question is a villa surrounded by lush forest.

Thailand has seen a number of cases (more than a few of them in Phuket), whereby significant tracts of verdant land either on hillsides, occupying former plantations, or on capes close to the beach found their way into private hands. The land in question was sold illegally, and even after money changed hands, the true title remained with The Department of National Parks, Wildlife and Plant Conservation. This lesser-known agency falls under the Ministry of Natural Resources and Environment.

These plots are referred to as “Dirty Land” – a reference to the less-than-clean attempt to profit off its sale. The land is still owned the government, and there is not a statute of limitations on reclaiming it. This means that a condo, hotel or villa which has stood for decades could be seized by the government, which can then order it to be demolished.

To make matters worse, you are not likely to receive any compensation nor are you likely to have any legal recourse, even if you were duped into the purchase. If the plot of land is confirmed to be forest reserve, national forest, or otherwise public land, then it is belongs to the Thai people.

This is why Rule #1 for keeping the White Elephants at bay is hiring an experienced lawyer. Truly thorough due diligence costs money, but it is worth every penny. If your lawyer exposes a potential pitfall before any money changes hands, he/she will have more than earned their fee.

Slippery Slopes – Regulations Governing Land Gradients

We’re always warned to avoid slippery slopes, and it Phuket that might be applicable when it comes to your land’s gradient. The regulations were changed in 2018 restricting the allowable constructing on some of the island’s steeper gradients.

Land on a hillside with spectacular views is prime real estate in Phuket. But anyone who bought a plot of hillside land prior to the 2018 ruling should be aware that any intended building may now be severely restricted, or prohibited completely.

According to the Ministry of Natural Resources and Environment, a gradient equal to or exceeding 35 degrees is too steep for building.

Furthermore, the rules concerning elevation have also been made more stringent elevation. When constructing at 40 metres (or higher) above sea level, the height of your building will now be restricted to 6 metres, the equivalent of a low two-story house. In other words, a villa on the side of a mountain would not likely be affected, but any plans for a hotel or condominium with panoramic views would have to be reconsidered.

Any smaller sized development should not run into trouble, as projects with fewer than 30 units are excused from these EA (Environmental Assessment) procedures. Anything larger than that will have meet these and other requirement.

Living in the Clouds: How High is Too High?

By law no building may exceed 80 metres above sea level. But this measurement is not calculated based on the foundation of your home, but rather from sea level to the top of the building.

Put another way, if you own a gorgeous tract of land at the top of a 75-meter hillside in Phuket, whatever you build cannot taller than 5 metres (16.4 feet). In other words, a single-story home with high ceilings. In their quest to have the most spectacular views possible, many Phuket owners – among them those with multi-million dollar villas – continue to (shall we say) miscalculate.

If land’s elevation does not permit building to a sufficient height, you may find it difficult to find a buyer for the land in the future. This is especially true if the buyers have engaged a diligent lawyer who ensures that all the boxes are ticked before signing on the dotted line.

Wide Load: Is Your Street Wide Enough?

Phuket’s laws governing a building’s maximum height and elevation have both aesthetic and safety reasons. Tall buildings block views, which is not desirable on a tropical island with stunning views, and the hills and mountains introduce additional elevation and gradient issues. But the other concern with tall buildings is how close they sit to the road.

The width of the road determines both the distance a building may sit from the road, as well as its maximum height. If a road’s width is less than 19.5 feet (6 meters), a building will face height restrictions, and will be required to sit a minimum distance from the edge of the street. These restrictions are also tied to fire codes (e.g. a fire truck needs a certain angle/distance to gain egress with the ladder in the event of a fire.)

As a developer, this is not a law you want to flout. Complaints can be lodged by any interested party (more on this below), and buildings in violation have been demolished in the past. Lesser violations may see an order for the building’s height to be reduced, but once again there is the potential to lose everything.

If your property is a condominium there is more legal recourse than with dirty land, but taking legal action against a developer who has also lost everything may lead nowhere.

Summary

It is surprising how often these zoning restrictions are flouted, but even more surprising is the self-righteous indignation of those who knowing tried to skirt the law. Any reputable lawyer will advise their clients to follow every statute to the letter because, when you hold the deed to a property which was purchased illegally, there is no statute of limitations on the government taking it back.

But any complaint leading to such action does not have to originate with the local authorities. If your development or home is suspected of being too close to the road or the beach, too tall or built at too high an elevation, or of occupying protected land, the complaint can be made by any “interested party”.

The definition of “interested” is quite broad, and might include neighbours, or officials visiting Phuket from Bangkok who take offense at the violation. It doesn’t matter who first expresses their interest in your property – should the courts concur that zoning laws were violated, you will be in possession of a White Elephant, and stand to lose your land and/or any buildings on it.