Sample Building Regulation

Sample building regulation issued for Samui under the Building Control Act

Information purposes only

Ministerial Regulation No.22 (B.E. 2532) issued under the Building Control Act B.E. 2522

By virtue of section 5(3) and section 8(10) of the Building Control, Act B.E. 2522, the Minister of Interior who is advised by the Control Committee hereby issues the Ministerial Regulation as follows:

Clause 1 In this Ministerial Regulation

“1 st region” means the area is measured from the Samui coast line to the land 50 meters through out the coast line

• Area of Baan Talad Mae Nam, Thambol Mae Nam is measured from the middle line of Mae Nam 1 Road to the East 300 meter and to the West 200 meters
• Area of Baan Bor Put, Thambol Bor Put is measured from the middle line of Bor Put 1 Road to the East 150 meter and to the West 800 meters
• Area of Baan Hua Thanon, Thambol Maret is measured from the land mark Thor 5305 to the North meter and to the South 500 meters
• Area of Baan Bang Khao, Thambol Na Muang is measured from the middle line of Bang Khao Road to the East 300 meter and to the West 500 meters
• Area of Baan Thong Krood, Thambol Taling Ngam is measured from the kilometre mark 8 of the highway number 4170 to the East 600 meter and to the West 500 meters
• Area of Baan Thong Ta Noad, Thambol Taling Ngam is measured from the middle line of Thong Ta Noad Road to the East 250 meter and to the West 250 meters
• Area of Baan Na Toan, Thambol Auag Tong is measured from the middle of Na Toan pier to the North 1,000 meter and to the South 1,000 meters

“2 nd region” means the area is measured from the coast line of Koh Samui, Koh Pa Luay, and Koh Than to the land 200 meters through out the coast line except the 1 st region.

“3 rd region” means area in the region of Koh Samui, Koh Pa Luay, and Koh Than except the 1 st region and the 2 nd region.

According to the attached map in this Ministerial Regulation

Clause 2 The region area of Thambol Mae Nam, Thambol Bor Put, Thambol Maret, Thambol Na Muang, Thambol Taling Ngam, Thambol Li Pa Noi, and Thambol Aung Thong, Amphur Samui, Surat Thani Province shall be designated. The area, in according to the attached map in this Ministerial Regulation, is the prohibited area for construction as following

In the 1st region, a person shall prohibit to construct any other building except

• A single-one level building which its height is not more than 6 meters. The total building area is not more than 75 square meters and there is empty space around the building not less than 75% of the land that is allowed to construct the building and is far from the shore at least 10 meters
• A dam, path or drain pipe, fence or wall which its height is not more than 1 meter, door and bridge that is not built to a sea Government piers

In the 2-nd region, a person shall prohibit to construct a building as following: 

• A building which its height is not more than 12 meters
• A factory according to the Factory laws
• An entertainment building according to the Laws of Preventing Harm and Danger from Entertainment Performance
• An animal-farm building which its area, includes every floor in the same building or in many buildings, exceeds 10 square meters
• A large building which its area, includes every floor or any floor in the same building, exceeds 2,000 square meters 
• A market which its area, includes every floor in the same building or in many buildings, exceeds 300 square meters 
• A building, used for reparation, construction, or service for vehicles that are operated by every kind of engine, which is not a factory according to the factory laws 
• A sign or thing object is built to attach or hold every kind of signs except a sign which its height does not exceed 12 meters 
• A building which is constructed with temporary materials or materials that do not last fire except a single building which its height does not exceed 6 meters and shall be far from other surround building not less than 5 meter 
• A shack or stall 
• A building which its empty space in the land where constructed a building lass than 50% of the land area where is allowed to construct that building 
• A row house or commercial building 
• A crematory according to the Cemetery and Crematory Control Laws 
• A storage, a building or any parts of building which its characteristic is to store, rest, or ship products or goods for the commercial or industrial purpose and its total building area exceeds 100 square meter 
• A Building where wastes are eliminated

In the 3-rd region, every kinds of factory is prohibited to be constructed except a factory which its operation does not cause disturbance according to the public health laws or does not cause pollution to a community or environment. Its height will be measured from the ground to the highest point of a building

Clause 3 In the area where is set according to clause 2, a person shall prohibit to modify or change the usage of any building to be a prohibited type or prohibited kind of building according to clause 2.

Clause 4 A building, which is in the area where is set according to clause 2 and exists before or on the date this Ministerial Regulations was enforced, shall be except from this Ministerial Regulations, but shall prohibit from modifying or changing the usage of the building to be a prohibited type or prohibited kind of building according to clause 2.

Clause 5 A building which is allowed to construct, modify, or change the usage according to the Building Control Laws or is allowed according to the specific business laws before the Announcement of the Minister of Interior: Specifying a prohibited area to be constructed, modified, or changed the usage of some types or some kinds of buildings and its construction, modifying, or changing in some area where is not completely done in Thambol Mae Nam, Thambol Bor Put, Thambol Maret, Thambol Na Muang, Thambol Taling Ngam, Thambol Li Pa Noi, and Thambol Aung Thong, Amphur Samui, Surat Thani Province, dated 26 th September B.E. 2531 was enforced. The operation shall be exempt from this Ministerial Regulation but the request to change the permission shall not violate this Ministerial Regulations.

Remark: The reason to announce to use this Ministerial Regulations is due to the announcement from the Ministry of Interior: Specifying a prohibited area to be constructed, modified, or changed the usage of some types or some kinds of buildings in some area of Thambol Mae Nam, Thambol Bor Put, Thambol Maret, Thambol Na Muang, Thambol Taling Ngam, Thambol Li Pa Noi, and Thambol Aung Thong, Amphur Samui, Surat Thani Province, dated 26 th September B.E. 2531 was enforced on 6 th October B.E. 2531, in the section 13 paragraph 2 of the Building Control Act B.E. 2522, if the Ministerial Regulations or local statues are not issued within one year from the date that announcement is enforced, that announcement shall be repealed. Since the mentioned area is prohibited from construction, modifying, or changing the usage of some types or some kinds of buildings, this Ministerial Regulation shall be issued.

Given on 25th September B.E. 2532

Sanor Tientong
Exercising the authority of Minister of Interior

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Sample regulation 2

Ministerial regulation no. 59 (B.E. 2548) issue by the Building Control Act B.E. 2522

1. Revoke the statement “Within Area 3 is not allowed to construct the building as the factory except for the factory which not affect to the environment” in the former regulation and replace by “Within area 3 is not allowed to construct the building as following:

(1) The building which the height exceeding 12 meters
(2) All kind of factories except the factories that is not prohibited by the regulation of Samui plan, Surat Thani”

2. The area in Tambol Borput,Tambol Maret, Tambol Namuang, Tambol taling-ngam, Tambol Lipanoi, and Tambol Angthong Amphur Koh Samui, Surat Tani are not allowed to construct the buildings if steep roof is not the Thai architecture style, local architecture, or local architecture of Samui any how the area of steep roof will not less than 80/100 of the area of the building which cover the land and have the natural color such as brown, grey, green(leaf) etc.

3. The building which is permitted or had construction certificate, modify or change the purpose of use according to Building Controlling Law or receiving the permission according the transaction's law before this ministerial regulation is effective and the building which is constructing, modifying or is not complete will not do under this ministerial regulation but cannot asking for changing the permission or inform conflict with this ministerial regulation

Given this 31st day of August, B.E. 2548 (2005)
Take effect on 15th of September, B.E. 2548 (2005)

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