Legal Ruling Puts Other Projects at Risk: Similar Fate Looms for Residential Developments on State Land

[webfact]

More residential projects could be facing a similar fate as Ashton Asoke.

 

The already-constructed 6.4-billion-baht condominium project in Watthana district could now be facing demolition after the Supreme Administrative Court ruled last Thursday that the construction permit granted to the project is invalid.

 

According to the court’s ruling, Ashton Asoke’s construction permit was deemed illegal due to the luxury 50-story project, comprising 783 units sold at approximately 7 million baht per unit, violating building control regulations by having an improper entrance.

 

Specifically, the court ruled that its entrance was not in accordance with the law, as it was supposed to be at least 12 meters wide and connected to a public road for safety purposes, but was only 6.4 meters wide.

 

by Erich Parpart

 

Full story: https://www.thaienquirer.com/50334/legal-ruling-puts-other-projects-at-risk-similar-fate-looms-for-residential-developments-on-state-land/

 

-- © Copyright Thai Enquirer 2023-07-31

 

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[neeray]

I know this is Thailand but surely there must be a solution that can accommodate this miscalculation.

[nobodysfriend]

4 hours ago, webfact said:

The already-constructed 6.4-billion-baht condominium project in Watthana district could now be facing demolition ... violating building control regulations by having an improper entrance.

Once built , it should not be demolished ...

Prices for land in  close proximity to the Ashton Asoke that could provide an entrance , have just gone up 1000 % ....

[Tropicalevo]

6 hours ago, webfact said:

The already-constructed 6.4-billion-baht condominium project in Watthana district could now be facing demolition

From what I see and hear in Thailand, it is unlikely to be demolished.

Near my place, there are at least a dozen villas all built on hillside (illegally) and on agricultural land that should not allow a building permit.

Somehow (?) the land titles all seem to be chanote.

The DSI are involved and said that the land titles are all fake and are to be revoked.

The villas are still there.

Resale may be a bit of an issue though.

[OneZero]

What about that place on Raum Rudi that similar legal problems /decisions years ago?  What is it's status?  I doubt it got torn down.

[phetphet]

6 hours ago, neeray said:

I know this is Thailand but surely there must be a solution that can accommodate this miscalculation.

They could probably work it out on the back of a brown envelope.

[TallGuyJohninBKK]

14 hours ago, neeray said:

I know this is Thailand but surely there must be a solution that can accommodate this miscalculation.

It wasn't any "miscalculation." It was an effort to get around what the actual building access regulations are.

 

At least part of the issue is/was, the developer relied on using land for project access that it was granted access to by the MRTA. And the court ruled the MRTA didn't have the legal right to give its land over for private development use.

 

Edited July 31, 2023 by TallGuyJohninBKK

[TallGuyJohninBKK]

8 hours ago, OneZero said:

What about that place on Raum Rudi that similar legal problems /decisions years ago?  What is it's status?  I doubt it got torn down.

I addressed the Ruamrudee projects status in the original, prior thread on the Ashton ruling here.

 

In short, it's been about seven years since those buildings were ordered by a court to be partially demolished, and from all indications, not a single brick has been touched thus far... though the buildings do appear to have been closed (no longer operating at a hotel).

 

Edited July 31, 2023 by TallGuyJohninBKK

[TallGuyJohninBKK]

The code enforcement, zoning and project permitting staff in the various local government offices in Thailand appear to be some of the most suspect civil servants around, based on past news reporting of their performance in various cases.

 

With the significant baht valuations at issue in these kinds of huge, high-value projects, the temptation for influence peddling and graft would seem significant.

 

Edited July 31, 2023 by TallGuyJohninBKK

[TallGuyJohninBKK]

There's a solution coming... But you're gonna have to wait a few days before we tell you what it may be....

 

https://thethaiger.com/news/bangkok/bangkok-authority-offers-building-permit-resolution-for-troubled-ashton-asoke-condo

 

"The Bangkok Metropolitan Administration (BMA) revealed a potential solution for the Ashton Asoke condominium, following a unanimous ruling by the Supreme Administrative Court to revoke the building permit. The BMA is ready to allow the condominium to apply for a new construction permit, after making necessary changes to entrance and exit points. The BMA reported that Chadchart Sittipant, Governor of Bangkok, is expected to present further details on August 3."

 

 

[Kinnock]

12 hours ago, OneZero said:

What about that place on Raum Rudi that similar legal problems /decisions years ago?  What is it's status?  I doubt it got torn down.

The Aetus Hotel ..... forced to close down 2 years ago.  Not demolished, but legal notices and barriers at the entrances.