New Building

[highdiver]

The new building code that was passed by the local goverment for approval states that "no construction of any type will be permited over 80 meters above sea level".

Phuket has the same law. and the governor has vowed to enforce it.

This new law will keep Samui hills green and construction free.

I wonder what all the people who bought hill top properties will do when they find out that they can only raise coconuts in the land they paid top dollars for????

[Rooo]

http://www.thaivisa.com/forum/index.php?showtopic=65914

[John 1]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

[jerroldkippen]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

It was promulgated by the Ministry of the Interior and is now before the parliment for approval. Thai property attorneys on our staff are now preparing a translation of the 14 page draft and we are obtaining what is purported to be a very large and detailed map of the island and the locations of the 12 zones. At this stage, from a procedural standpoint, the law could pass and go into effect within the next few months or it could be years. We are endeavouring to obtain reliable information as to when and if it will actually go into effect.

[highdiver]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

It was promulgated by the Ministry of the Interior and is now before the parliment for approval. Thai property attorneys on our staff are now preparing a translation of the 14 page draft and we are obtaining what is purported to be a very large and detailed map of the island and the locations of the 12 zones. At this stage, from a procedural standpoint, the law could pass and go into effect within the next few months or it could be years. We are endeavouring to obtain reliable information as to when and if it will actually go into effect.

The nw building zone controll act was officialy published on December 2005.

At this time Samui was rezoned and a new bill was issued (14 pages).

the new law has rezones Samui into different areas of construction. The main changes are that most of the island apart from the main citys is now limited to 25% construction rights. ther has to be a garden of 75% of the total property.

The Ministry of the interior under the preservation act and the Samui green law act that were passed 4 years ago has allso added the new rule that construction wil not be allowed over 80 meters from sea level.

this regulation is allready i use in phuket and they added it to samui as well.

In a city planning comitee meeting that took palce in the Taisaban in January the new bill was presented before the mayor and the governor. on this occasion the governor has spoken infront of many people that he will enforce the new law and that it was in samui's best intrest to preserve the hills as natural areas.

as for the leagal process:

under the law the new bill is presented (as it was in december).

under the law is was approved in January by the building and construction planning comitee in Surathani .

under the law a 90 day period is given to the public to submit objections or request changes.

After 90 days that ended in April 2nd he new law is passed to the interior ministry for final approval.

Due to the changes in the goverment and the political situation the law is now awayting the goverment approval. this couls take a few months.

the fact is that the law is valid. and many of the Locals are un aware of that or if they are aware are doing everything to keep it quiet as they can not sell hill top lands that can not be constructed.

the same goes for lower land plots that have been rezoned and the construction rights have been changed or redefined.

for example: under the new law the area infront of the main road in the area of the Monkey theater is designated as an industrial area. so all the people that own land in this area are going to wake up one morning and find a noisy industrial area in front of the house.

it is higly advised that any one planning to buy land should check not only the title of the property but allso the building rights restrictions and permits. the Thai or farang who sells you the land has no intrest in giving you that information. the standard answer that "you can build what you want" is not valid any longer.

[hollins]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

It was promulgated by the Ministry of the Interior and is now before the parliment for approval. Thai property attorneys on our staff are now preparing a translation of the 14 page draft and we are obtaining what is purported to be a very large and detailed map of the island and the locations of the 12 zones. At this stage, from a procedural standpoint, the law could pass and go into effect within the next few months or it could be years. We are endeavouring to obtain reliable information as to when and if it will actually go into effect.

The nw building zone controll act was officialy published on December 2005.

At this time Samui was rezoned and a new bill was issued (14 pages).

the new law has rezones Samui into different areas of construction. The main changes are that most of the island apart from the main citys is now limited to 25% construction rights. ther has to be a garden of 75% of the total property.

The Ministry of the interior under the preservation act and the Samui green law act that were passed 4 years ago has allso added the new rule that construction wil not be allowed over 80 meters from sea level.

this regulation is allready i use in phuket and they added it to samui as well.

In a city planning comitee meeting that took palce in the Taisaban in January the new bill was presented before the mayor and the governor. on this occasion the governor has spoken infront of many people that he will enforce the new law and that it was in samui's best intrest to preserve the hills as natural areas.

as for the leagal process:

under the law the new bill is presented (as it was in december).

under the law is was approved in January by the building and construction planning comitee in Surathani .

under the law a 90 day period is given to the public to submit objections or request changes.

After 90 days that ended in April 2nd he new law is passed to the interior ministry for final approval.

Due to the changes in the goverment and the political situation the law is now awayting the goverment approval. this couls take a few months.

the fact is that the law is valid. and many of the Locals are un aware of that or if they are aware are doing everything to keep it quiet as they can not sell hill top lands that can not be constructed.

the same goes for lower land plots that have been rezoned and the construction rights have been changed or redefined.

for example: under the new law the area infront of the main road in the area of the Monkey theater is designated as an industrial area. so all the people that own land in this area are going to wake up one morning and find a noisy industrial area in front of the house.

it is higly advised that any one planning to buy land should check not only the title of the property but allso the building rights restrictions and permits. the Thai or farang who sells you the land has no intrest in giving you that information. the standard answer that "you can build what you want" is not valid any longer.

does this also apply to phangan and koh tao

[Master Chief]

Feel sorry for the people in Isaan and as all their properties are over 150 meters and above just on the flatland.

Must only be for coastal areas, ugh?

[sbk]

Feel sorry for the people in Isaan and as all their properties are over 150 meters and above just on the flatland.

Must only be for coastal areas, ugh?

Seems highdiver answered that question here:

this regulation is allready i use in phuket and they added it to samui as well.

[Master Chief]

Feel sorry for the people in Isaan and as all their properties are over 150 meters and above just on the flatland.

Must only be for coastal areas, ugh?

Seems highdiver answered that question here:

this regulation is allready i use in phuket and they added it to samui as well.

Just hooking up to the throwing of facts, a joke from my side. the OP made it look like it was a general Thai building Code, of course the Governor denials this in public, who is he to stipulate thai laws. It is only a recommandation in Phuket and now Samui, witch is to be followed by or as a "law"

Read all about it in the Phuket gazette girls and boys.

[womble]

In the past year some land has been reposessed in Phuket, and I believe it was linked to the new law.

[Master Chief]

In the past year some land has been reposessed in Phuket, and I believe it was linked to the new law.

most of the reposessed land in Phuket where due to engrougement on state land, in facto to a corrupt land deed officer later killed by his fellows. people who own land above 80 meters are just not allowed to have houses there, but they still can own the land.

[Rooo]

In the past year some land has been reposessed in Phuket, and I believe it was linked to the new law.

most of the reposessed land in Phuket where due to engrougement on state land, in facto to a corrupt land deed officer later killed by his fellows. people who own land above 80 meters are just not allowed to have houses there, but they still can own the land.

This is what the OP is saying. You can own it but??????????????????

[Rooo]

Feel sorry for the people in Isaan and as all their properties are over 150 meters and above just on the flatland.

Must only be for coastal areas, ugh?

On the samui forum. Isaan?

[John 1]

I just received approval to build on my land in Chaweng, it's 95 mtrs above sea level, so the same law still applies if you have chanote or nor sor 3 can build. any were.

[highdiver]

I just received approval to build on my land in Chaweng, it's 95 mtrs above sea level, so the same law still applies if you have chanote or nor sor 3 can build. any were.

good luck to you for getting your permit before the goverment stamps the new law.

as for the law... chanote or nor sor 3 only validate your ownership of the land. they do not automaticly approve building rights. building permits are given by the tae saban not the land office.

[Rooo]

I just received approval to build on my land in Chaweng, it's 95 mtrs above sea level, so the same law still applies if you have chanote or nor sor 3 can build. any were.

good luck to you for getting your permit before the goverment stamps the new law.

as for the law... chanote or nor sor 3 only validate your ownership of the land. they do not automaticly approve building rights. building permits are given by the tae saban not the land office.

As Highdiver said,building permits will still be issued, until the ruling comes through.

[thestirfry]

Hi,

I have land 148 meters above sea level in Samui and submitted my building request to the tae saban over 2 months ago and have not yet heard back.

Is it true the goverment have already passed the new law last week?

and we have until december to start to build?

[Nawtilus]

Think there will be a flurry of building activity in Samui.

And probably a shortage of good builders.

[digitele]

To all, my 2 cents worth.

After being in and out of Thailand and 10+ years resident, here's an interesting FACT:

All of the Islands are generally classified as agricultural or forestry areas by the Land Department.

Chanotes are rare because of this classification. The many land "upgrades" are totally false and the Land Department is weeding them out. Now as corruption abounds and Farang are the lowest hanging fruit...well you get the picture.

The thing to do is, check the local land department and check the land ownership with lawyer. Then get a proper lease hold. Anything else is illegal, technically. Last you can get the "structure" recorded in your name. This is actually cheaper and safer. Who wants a Chanote in someone else's

name? For what benefit? So that the Thai citizen can get a loan with a bank for what's really your property?

The Land Department where I live have explained to me many times, this type of land is not ever going to be upgraded to Chanote, regardless of how much money you pay that local land department. It is illegal period. I seen a lot of projects on the net now and read the fine print.

The first deposit of 100K Baht is not refundable etc. Pretty good scam, but real people are getting burned. Well enough for now. Anyone want real advise PM me. I'll be in my island house with my blue book.

[Rooo]

digitele,I appreciate your advice.But where on earth have you dug up this nonsense from?Your local land office?Pertaining to your particular land?

Unless you are legally qualified to dispence advice on such matters & can quote the act that deals with these matters,I would keep that advice to myself.

[stevieff]

I've just checked on Phuket real estate websites and it appears that the 80 meter height regulation is being enforced there. I think Highlander is correct in all of this.

[stevieff]

Excuse me, I meant Highdiver.

[jerroldkippen]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

It was promulgated by the Ministry of the Interior and is now before the parliment for approval. Thai property attorneys on our staff are now preparing a translation of the 14 page draft and we are obtaining what is purported to be a very large and detailed map of the island and the locations of the 12 zones. At this stage, from a procedural standpoint, the law could pass and go into effect within the next few months or it could be years. We are endeavouring to obtain reliable information as to when and if it will actually go into effect.

The nw building zone controll act was officialy published on December 2005.

At this time Samui was rezoned and a new bill was issued (14 pages).

the new law has rezones Samui into different areas of construction. The main changes are that most of the island apart from the main citys is now limited to 25% construction rights. ther has to be a garden of 75% of the total property.

The Ministry of the interior under the preservation act and the Samui green law act that were passed 4 years ago has allso added the new rule that construction wil not be allowed over 80 meters from sea level.

this regulation is allready i use in phuket and they added it to samui as well.

In a city planning comitee meeting that took palce in the Taisaban in January the new bill was presented before the mayor and the governor. on this occasion the governor has spoken infront of many people that he will enforce the new law and that it was in samui's best intrest to preserve the hills as natural areas.

as for the leagal process:

under the law the new bill is presented (as it was in december).

under the law is was approved in January by the building and construction planning comitee in Surathani .

under the law a 90 day period is given to the public to submit objections or request changes.

After 90 days that ended in April 2nd he new law is passed to the interior ministry for final approval.

Due to the changes in the goverment and the political situation the law is now awayting the goverment approval. this couls take a few months.

the fact is that the law is valid. and many of the Locals are un aware of that or if they are aware are doing everything to keep it quiet as they can not sell hill top lands that can not be constructed.

the same goes for lower land plots that have been rezoned and the construction rights have been changed or redefined.

for example: under the new law the area infront of the main road in the area of the Monkey theater is designated as an industrial area. so all the people that own land in this area are going to wake up one morning and find a noisy industrial area in front of the house.

it is higly advised that any one planning to buy land should check not only the title of the property but allso the building rights restrictions and permits. the Thai or farang who sells you the land has no intrest in giving you that information. the standard answer that "you can build what you want" is not valid any longer.

Highdiver, where are you getting your facts? Our Thai lawyers have translated the law, I've read it. There is no 80 meter rule. True, there are zones, 12 not 14, and one of the most restrictive, the "agricultural rural zone" covers a good portion of the island but the density for allowed use is 40% not 25%, just because an area is called industrial does not necessarily mean it will be noisy, etc. I agree with your last paragraph as this will have significant effect and prospective investors really need to look into the how the law will affect the land they plan to buy, but you really ought to verify your facts before presenting them as such.

[churchill]

Totally agree , no mention of 80 metres - It may well be something that is being considered but not in the new regulations to come into force in about 2 months .

Rumors should not be posted as facts .

Phuket is proposing raising its building limit to 100 metres ( with planning restrictions ) so I imagine there will be a lot of debate about the 80 metres building restriction before the law is enforced .

[Rooo]

Why are all the builers running around then,trying to get permits through for their clients?Of what I understand that it's just awaiting approval once parliement is reconvened.

I suppose we will just wait & see.

[Noodles]

Why are all the builers running around then,trying to get permits through for their clients?Of what I understand that it's just awaiting approval once parliement is reconvened.

I suppose we will just wait & see.

I've heard the same that it is still in the pipeline to being approved.

Edited June 2, 2006 by Noodles

[LaoPo]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

It was promulgated by the Ministry of the Interior and is now before the parliment for approval. Thai property attorneys on our staff are now preparing a translation of the 14 page draft and we are obtaining what is purported to be a very large and detailed map of the island and the locations of the 12 zones. At this stage, from a procedural standpoint, the law could pass and go into effect within the next few months or it could be years. We are endeavouring to obtain reliable information as to when and if it will actually go into effect.

The nw building zone controll act was officialy published on December 2005.

At this time Samui was rezoned and a new bill was issued (14 pages).

the new law has rezones Samui into different areas of construction. The main changes are that most of the island apart from the main citys is now limited to 25% construction rights. ther has to be a garden of 75% of the total property.

The Ministry of the interior under the preservation act and the Samui green law act that were passed 4 years ago has allso added the new rule that construction wil not be allowed over 80 meters from sea level.

this regulation is allready i use in phuket and they added it to samui as well.

In a city planning comitee meeting that took palce in the Taisaban in January the new bill was presented before the mayor and the governor. on this occasion the governor has spoken infront of many people that he will enforce the new law and that it was in samui's best intrest to preserve the hills as natural areas.

as for the leagal process:

under the law the new bill is presented (as it was in december).

under the law is was approved in January by the building and construction planning comitee in Surathani .

under the law a 90 day period is given to the public to submit objections or request changes.

After 90 days that ended in April 2nd he new law is passed to the interior ministry for final approval.

Due to the changes in the goverment and the political situation the law is now awayting the goverment approval. this couls take a few months.

the fact is that the law is valid. and many of the Locals are un aware of that or if they are aware are doing everything to keep it quiet as they can not sell hill top lands that can not be constructed.

the same goes for lower land plots that have been rezoned and the construction rights have been changed or redefined.

for example: under the new law the area infront of the main road in the area of the Monkey theater is designated as an industrial area. so all the people that own land in this area are going to wake up one morning and find a noisy industrial area in front of the house.

it is higly advised that any one planning to buy land should check not only the title of the property but allso the building rights restrictions and permits. the Thai or farang who sells you the land has no intrest in giving you that information. the standard answer that "you can build what you want" is not valid any longer.

Highdiver, where are you getting your facts? Our Thai lawyers have translated the law, I've read it. There is no 80 meter rule. True, there are zones, 12 not 14, and one of the most restrictive, the "agricultural rural zone" covers a good portion of the island but the density for allowed use is 40% not 25%, just because an area is called industrial does not necessarily mean it will be noisy, etc. I agree with your last paragraph as this will have significant effect and prospective investors really need to look into the how the law will affect the land they plan to buy, but you really ought to verify your facts before presenting them as such.

I would only trust a legalized* Thai/English interpreter and not the Lawyers, but that's personal.

A small detail....very small...could make a translation worthless and therefore jeopardize the buyer(s)

*If necessary even in or from another English native speaking country!

LaoPo

[highdiver]

Highdiver,

What local body passed this new law and when, a friend called the Governor and he denies any knowledge of this law, but said it may be in place in a few years.

So if you have further news please post

It was promulgated by the Ministry of the Interior and is now before the parliment for approval. Thai property attorneys on our staff are now preparing a translation of the 14 page draft and we are obtaining what is purported to be a very large and detailed map of the island and the locations of the 12 zones. At this stage, from a procedural standpoint, the law could pass and go into effect within the next few months or it could be years. We are endeavouring to obtain reliable information as to when and if it will actually go into effect.

The nw building zone controll act was officialy published on December 2005.

At this time Samui was rezoned and a new bill was issued (14 pages).

the new law has rezones Samui into different areas of construction. The main changes are that most of the island apart from the main citys is now limited to 25% construction rights. ther has to be a garden of 75% of the total property.

The Ministry of the interior under the preservation act and the Samui green law act that were passed 4 years ago has allso added the new rule that construction wil not be allowed over 80 meters from sea level.

this regulation is allready i use in phuket and they added it to samui as well.

In a city planning comitee meeting that took palce in the Taisaban in January the new bill was presented before the mayor and the governor. on this occasion the governor has spoken infront of many people that he will enforce the new law and that it was in samui's best intrest to preserve the hills as natural areas.

as for the leagal process:

under the law the new bill is presented (as it was in december).

under the law is was approved in January by the building and construction planning comitee in Surathani .

under the law a 90 day period is given to the public to submit objections or request changes.

After 90 days that ended in April 2nd he new law is passed to the interior ministry for final approval.

Due to the changes in the goverment and the political situation the law is now awayting the goverment approval. this couls take a few months.

the fact is that the law is valid. and many of the Locals are un aware of that or if they are aware are doing everything to keep it quiet as they can not sell hill top lands that can not be constructed.

the same goes for lower land plots that have been rezoned and the construction rights have been changed or redefined.

for example: under the new law the area infront of the main road in the area of the Monkey theater is designated as an industrial area. so all the people that own land in this area are going to wake up one morning and find a noisy industrial area in front of the house.

it is higly advised that any one planning to buy land should check not only the title of the property but allso the building rights restrictions and permits. the Thai or farang who sells you the land has no intrest in giving you that information. the standard answer that "you can build what you want" is not valid any longer.

Highdiver, where are you getting your facts? Our Thai lawyers have translated the law, I've read it. There is no 80 meter rule. True, there are zones, 12 not 14, and one of the most restrictive, the "agricultural rural zone" covers a good portion of the island but the density for allowed use is 40% not 25%, just because an area is called industrial does not necessarily mean it will be noisy, etc. I agree with your last paragraph as this will have significant effect and prospective investors really need to look into the how the law will affect the land they plan to buy, but you really ought to verify your facts before presenting them as such.

I am gettng my info directly where all others can. From the goverment office.

I doverify my info as i found out that i cant trust anyone as most of the people on samui have no idea about the law.

I have posted this "Posting" about 4 weeks ago and the initial replies where of dismay and contridiction.....well... I told you so!!!

I dont know who your lawyers are but ask them to translate the whole chapter on the building rights and if they don't understand.. which in most cases they dont... then they can go to the Tae Saban in Surathani departmrnt of city planning and have it explained to them.

The Bill was passed on May 9th and it is allready in use. not in 2 months. i repeat again it was passed.

As per yoou remarks the answers are:

1. the 25% is accurate as it is the maximun ground floor area that you can build you can build a second floor no higher then 12 meters but the overhall constructed area in 2 floors (building percent) can not be more then 40% of the total.area.

So on a 1 Rai plot you can build a house with a groud area of no more then 400 SQM and the total ara includng second floor can not exceed 600 SQM.

2. the industrial area is exactly what it will be... noisy. and if you translate the new law you will see that it allowes just that. including havy machinery.

The issue concerning 2 months is exactly what i said about the 80 meter line.

In a meeting that took place in World Resort in Manam on May 30 and was atteneded by all the puiay ban the nayok the namper and the Poa, the big boys from Bangkok inviromental controll office have put forth before the attendants the new law concerning building on the mountains not over 80 meters. they have instructed the officers in samui to make sure to controll all future building permits and obide by even further new restrictions that were put by the inviroment officers.

That the reason why all the hill top planers are now running around to get permits before the new law comes into power.

[stevieff]

I haven't been in Samui to look at everything, but I do know Highdiver is correct about the 12 meter building height ruling. If Samui is going to follow Phuket, then he is correct about 80 meter elevation ruling as well.

[stevieff]

I forgot to ask, Highlander, do those building restrictions include swimming pools, salas, etc. ? That would make it pretty restrictive. Also, what's the deal on the zones? Different usage, I'm sure, but how different?