Legal Summary BUD-001

Handbook of Business Operation in Thailand’s Industrial Estate Version 2

Building Control Act. B.E. 2522 (1979)

1. Publication Date: 8 May 1979

2. Status of Legal: Effective
3. Related Types of Factory:
1) It related with the factories that have factory group from 1-21.
4. Main Content:
1) The definition under Building Control Act, such as Building, High Rise Building, Mega Building,
Public Building, theater, public areas, layout, plan of construction, calculation list of
construction, modification, repair, demolishment, the fire zone, controller, contractor,
owner, inspector, local government, local regulation and local officer and minister
2) Minister of the Interior acts according to the law and have Ministerial authority to set
standards of fee, request form, approval form, certification, substitute documents and other
activities.
3) Set a stipulation in order to comply with this act, totally or partially such as
- Ministry, Department and Office Building for official government use or public use
- Building for Local government for official government use or public use
- Building that establish according to the law
- Historical sites, temple or building for religion use
- Building for an international organization or Building that follows agreement between Thai
government and foreign countries.
- Building for Embassy or Consulate - Temporary building regarding for construction use or
Permanent building that have time for demolition
- Building of ministry, department, local offices, state enterprises which establish according
to law.
4) Ministry requires to issues law regarding to a relevance building topic such as
- Type, size, space, proportion and location of building.
- Support the weight, resistance, durability, ground areas, material characteristic
- Layout and method to install water system, electrical system, gas system and machinery,
safety regarding conflagration or any disaster and also the layout and amount of restroom
and toilet.

Environmental Engineering, Faculty of Engineering, King Mongkut’s University of Technology Thonburi

2016 This document provides a legal summary. Users are recommended to study a full document.
Do not use this document as legal citations.
 Legal Summary BUD-001
Handbook of Business Operation in Thailand’s Industrial Estate Version 2

- The system to regard building environment such as lighting system, Ventilate system, air
condition system, air purification system, waste water system, water drain system and waste
management system.
- Another issue that stated by law.
5) Setting Standard, procedure and conditions of construction as well as permission to use,
inspection, standard of load-bearing safety, the material characteristic and equipment that
related according to each type of construction building which might be set differ from the
provisions of this Act.
6) Setting detail of set up a Building Control Committee Board as well as the role and
responsibility of the Building Control Committee Board
7) Setting criteria, procedures and condition of construction, amendment, demolition,
movement and any change in the of use as below example
- In a person who would like to do construction, amendment, demolition or moving of a
building, it needs to get approval from the local government officer or inform the local
officer, including inspecting and monitor layout plan and other calculation in term of building
structure based on standard, procedure and condition of regulation (Article 21)
- Engineer or architecture who responsible for construction, amendment, demolition or moving
of buildings do not have Professional License Control Engineering or architecture based on
enforcement law, the local officer has the responsibility to reject the request (Article 26)
- In considering the license application, the local official has the power to order the applicant
to amend the site map, layout, list of related to the layout or calculation list in order to
comply Ministry law Article 8 or local act Article 9 or Article 10 and. The provisions of Section
25 paragraph three shall comply (Article 27).
- After giving the permission, license, it requires to inform supervisor names including start and
end of a contraction date to align with the period approved by local authority officers and
also attach consent documents from supervisor (Article 29)
- If would like to terminate the name of mentioned supervisor whose inform to the local
authority, officer or supervisor would like to terminate from supervisor, it requires to inform
a local authority officer.
- It is prohibited to provide, or perform any construction, remodeling, demolition or movement
of building deviate from an area of the map drawings and list of assembly plan are allowed
as well as mentioned methods or conditions set up by Local officials (Article 31).
Environmental Engineering, Faculty of Engineering, King Mongkut’s University of Technology Thonburi
2016 This document provides a legal summary. Users are recommended to study a full document.
Do not use this document as legal citations.
 Legal Summary BUD-001
Handbook of Business Operation in Thailand’s Industrial Estate Version 2

- Type of building that control usage, including (1) building used as a warehouse, hotels,
condominium or hospitals (2) building used for commercial, industrial, education, health or
other business.
- Do not allow the owner who not own or possess Under controlled usage building use or
allow another person to use building that's under controlled usage unless giving permission
from the local authority or notify the local authority (Article 33)
- Do not allow the building owner to construct parking lot, car entrance and exit area or allowed
another person to construct parking lot, car entrance and exit area unless given permission
from the local authority (Article 34)
- The license will be valid until expire date. If would like to extend the license, it requires to
send a request before expire date. It can be further processed until the authority has an
order for not allowing to extend the license (Article 35)
- No Transferable of license unless it gets approval from local authorities (Article 36)
8) The authority of local officer is defined as an example below
- The local officer has authority to take action (Article 40) for violating the act in ministry
regulation or Local ordinances promulgated under this Act in the case of construction,
amendment, demolition or moving of buildings
- The local authority has to order the person not to intrude in any parts of the building or any
mentioned areas and have revealed prohibited sign publicly and easily to see at that
mentioned area
- If action is able to follow Article 40, the local authority allows a building owner send out an
approval request or proceed based on Article 39 or able to amend correctly within time
period but not less than 30 days. If there is appropriate reason, the local authority can extend
the period (Article 41)
- If action from Article 40 cannot be followed or building owners cannot be adjusted on local
authority order in Article 40, the local authority can order the owner or supervisor to raze the
whole building or part of it by the period that do not less than 30 days
- In case of violation, the local authority will order the owner or temporary owner suspension
by using the building, in part of a building that does not give permission (Article 44 and Article
45)
- In case of permission given for construction, remodeling, demolition or moving of the
building, but there is any actions do before the enforcement of this act or have condition
Environmental Engineering, Faculty of Engineering, King Mongkut’s University of Technology Thonburi
2016 This document provides a legal summary. Users are recommended to study a full document.
Do not use this document as legal citations.
 Legal Summary BUD-001
Handbook of Business Operation in Thailand’s Industrial Estate Version 2

cause any danger to health, life, body or property or unsecure from fire or the cause of any
nuisance or impact to the environment, the local officer has authority to correct criteria,
method or condition based on ministry regulation (Article 46)
- The local officer has authority to appoint an inspector based on ministry law (Article 49)
9) The detail of appeal as example below
- The board has authority to diagnose the appeal from the local officer by calling relevant
parties or sending documents to use as evidence for consideration the appeal.
10) Set up role, responsibilities and practice of inspector are as follows.
- The inspector has authority to entrance in construction, demolition or movement areas to
monitor whether it violate the legal act or not and have authority to question or show the
evidence from person live or work in that area (Article 53)
- The inspector has the authority to check on construction, demolition or movement areas if
having doubts that it might be violating Article 32 Article 33 or Article 34 or building that fit
with Article 46 and also have the authority to question or show the evidence from person
live or work in that area (Article 54)
11) Set up the details about the fire zone, for example.
- When there are fires, Local officials declared the fire zone to show up at the local
government and fire areas. A sketch map showing the area of the fire along with identifying
the actions prohibited by this Act (Section 56).
- Within 45 days counted from fire date, no construction, demolition or movement in that area
and no any action take such as no construction, demolition or moving from person who give
permission within the specified time. (Article 57)
- Within 15 days from fire date, the local authority must send the brief map of fire areas and
any consideration as well as opinion to board of control building by considered of benefit of
fire protection, environmental quality, map layout and architecture as well as facilitate the
traffic. Additionally, if the fire areas covered more than 1 district, relevant districts require
considering and giving opinion in 15 days as well (Article 58).
- When the new amendment plan has been announced, no construction, demolition or
movements must follow action plan.

Environmental Engineering, Faculty of Engineering, King Mongkut’s University of Technology Thonburi

2016 This document provides a legal summary. Users are recommended to study a full document.
Do not use this document as legal citations.
 Legal Summary BUD-001
Handbook of Business Operation in Thailand’s Industrial Estate Version 2

Topic Penalties
Any person who fails to comply with Section 21, Imprisonment not over three months. Or a fine
Section 22. Section 31, Section 32, Section 33, not exceeding sixty thousand Baht Or both
Section. And violators are liable to a further fine not
34 Section 52 sixth paragraph of Section 57 or exceeding ten thousand Baht per day. Throughout
Section 60. the period of violation or until they are performed
correctly.
Not comply with Article 30, paragraph one, Fine not exceeding one ten thousand Baht
Section 38, Section 39 or Section 39 paragraph
one
Do not demolish buildings after orders from Imprisonment not over six months. Or a fine not
local officials under section 42 exceeding one hundred thousand Baht Or both
And violators are liable to a further fine not
exceeding thirty thousand Baht per day.
Throughout the period of violation or until they
are performed correctly.
Violate Section 30 paragraph two or disobey Imprisonment not over six months. Or a fine not
orders of local officials under section 40. exceeding one hundred thousand Baht Or both
And violators are liable to a further fine not
exceeding thirty thousand Baht per day.
Throughout the period of violation or until they
are performed correctly.
Not to testify or to submit documents under the Imprisonment didn't exceed one month Or a fine
letter of the Appeals Committee hamper the not exceeding one thousand Baht. Or both
functioning of the Board of Appeals.
Violate the act that relates commercial building, A doubling of penalties prescribed for those
industrial, education or health or act in a violates
commercial for rent, lease, sell, or distribute
with compensation

Environmental Engineering, Faculty of Engineering, King Mongkut’s University of Technology Thonburi

2016 This document provides a legal summary. Users are recommended to study a full document.
Do not use this document as legal citations.