Chadchart: Talks Being Held On Ashton Asoke Condo Case

[webfact]

Bangkok Governor Chadchart Sittipunt discussing the Ashton Asoke luxury condo case today, Nov. 25, 2022

 

by TNR Staff 

 

BANGKOK Governor Chadchart Sittipunt said his deputy is holding talks on the Ashton Asoke luxury condo case Friday (Nov. 25) after the Central Administrative Court passed a verdict to resolve land procurement within 180 days, Matichon newspaper said.

 

The Siam Society under the Royal Patronage had filed a case over the development of project with the three parties named being the Bangkok Metropolitan Administration, the Mass Rapid Transit Authority of Thailand (MRTA) which granted usage of a 13-metre side road to the project, and Ananda MF Asia Asoke Co., Ltd.,  Ananda Development Plc’s joint venture company in which it holds 51% stake.

 

According to a Silk Legal article, the basis for the claim comes from Section 2, Paragraph 2 of the Ministerial Regulation No. 33 (B.E. 2535) (1992), which stipulates that a high rise building with more than 30,000 square metres of total floor area must have a side road that is at least 12 metres in length connecting to a public road. This is defined by the Ministerial Regulation as a road that the public can enter or pass through with or without a fee. Ashton Asoke condominium, with a total floor area of 55,348 square metres, is subject to this requirement.

 

Full story: https://thainewsroom.com/2022/11/25/chadchart-talks-being-held-on-ashton-asoke-condo-case/

 

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[ChrisY1]

So essentially...the building as it is now, is illegal and doesn't meet the authorities criteria.

To even mention demolition now at this stage....where 80% on the units have been sold, is ludicrous....but that's how this country works....apply for permit (pay to get the approval)....build the building, (pay again at inspection times)....get threatened by the authorities with demolition as the building is illegal.....then..most likely pay some more!

[nobodysfriend]

5 hours ago, webfact said:

Ashton Asoke condominium, with a total floor area of 55,348 square metres, is subject to this requirement.

Another high-rise luxury condominium building in BKK ?

Are there not enough overpriced and unsold condos in Bangkok yet ?

[hotchilli]

2 hours ago, ChrisY1 said:

So essentially...the building as it is now, is illegal and doesn't meet the authorities criteria.

To even mention demolition now at this stage....where 80% on the units have been sold, is ludicrous....but that's how this country works....apply for permit (pay to get the approval)....build the building, (pay again at inspection times)....get threatened by the authorities with demolition as the building is illegal.....then..most likely pay some more!

The Thai way of doing things .. build it first then sort it all out later.

[tomazbodner]

For the sake of those who have bought the units, I wish this gets resolved soon, but not without severe penalties to Ananda for ignoring laws and regulations that have been in place for 30 years.

 

Guess only way that can happen though is if MRTA sells the land the road is built on to condo project. But can they even do that? Would that then mean that people entering the station and parking at the station are using land belonging to condo?

[khunjeff]

53 minutes ago, tomazbodner said:

Guess only way that can happen though is if MRTA sells the land the road is built on to condo project. But can they even do that?

From what I've read elsewhere, no, they can't. The MRTA expropriated that land to build the subway, and apparently under law it can only be used for purposes related to transit, not as a driveway for a condo project. That seems to be the main (or only) issue here, as the driveway otherwise meets the minimum width requirements (incorrectly mentioned as "length" in the article).

 

Why this didn't come up years earlier, I don't know. 

[Aussieroaming]

Plenty of big condo developments in my area that must be similar if not bigger in total floor space that don't have a public access road, as described in the article. 

 

I am assuming that a "publicly available side access" clause cannot be satisfied by building between a frontage road and a public rear soi.