New Building

[John 1]

SIT BACK AND RELAX THIS IS SAMUI, EVERYTHING WILL BE BACK SAME AS BEFORE IN A FEW MONTHS, PAY A FEW BAHT UNDER THE TABLE AND ENJOY.

[limbos]

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.

Can confirm that this meeting was being held in World Resort on 30th May.

[Nadia 2]

Highdiver, where are you getting your facts? ......, but you really ought to verify your facts before presenting them as such.

Jerrold Kippen, where are you getting your facts?

Recently I read two articles with your name under it. The first about 3 months ago in the samuiestate magazine you explained the building regulations in Samui, but totally missing the fact that there are exemptions, restrictions, zone regulations and protected areas under other laws. A misleading article giving the impression that the only building worries when purchasing land are the ministerial regulations issued under the building control act.

In second article 'talking to the expert' you gave again misleading information about property law. You even mention that the whole practice of setting up landholding companies by foreigners to purchase land, in your words, is 'a perfectly legal structure'. You even explained the nominee structure you were offering… Not very smart, everyone who studied a little Thai law knows this is illegal including offering a nominee structure.....

The Samui agents must be very happy with you, maybe they pass on some work to you…

[highdiver]

Highdiver, where are you getting your facts? ......, but you really ought to verify your facts before presenting them as such.

Jerrold Kippen, where are you getting your facts?

Recently I read two articles with your name under it. The first about 3 months ago in the samuiestate magazine you explained the building regulations in Samui, but totally missing the fact that there are exemptions, restrictions, zone regulations and protected areas under other laws. A misleading article giving the impression that the only building worries when purchasing land are the ministerial regulations issued under the building control act.

In second article 'talking to the expert' you gave again misleading information about property law. You even mention that the whole practice of setting up landholding companies by foreigners to purchase land, in your words, is 'a perfectly legal structure'. You even explained the nominee structure you were offering… Not very smart, everyone who studied a little Thai law knows this is illegal including offering a nominee structure.....

The Samui agents must be very happy with you, maybe they pass on some work to you…

good answer!!!

the fact still remains that setting up a company only to own land is illegal!! nad there is an ongoing investigation about this.

There is a new building law. and to get a permit you must follow the law.

and .......if you wish to buy land and or property at todays ridiculous prices then you better check the laws and restrictions on your own and not belive anything that the "developers"promise.

[LaoPo]

Read this:

New Town and Country Planning Law finalised for Samui

http://www.property-report.com/archives.php?id=486&date=0606

LaoPo

[sbk]

They don't mention Koh Phangan, I wonder if it is included too?

[womble]

This has now been published in the royal gazette, the zoning proposal is now law.

[jerroldkippen]

This has now been published in the royal gazette, the zoning proposal is now law.

True, the Samui City Planning Act became law 25 July, but this is NOT the 80 meter rule. That is part of the Environmental Control and Maintenance Act. Though the ECMA is expected probably within the next year.

[thestirfry]

It said 150 meters above sea level in the newspaper 2 weeks ago!

[womble]

yeah, I have also heard that there is no 80m rule.

There are however zones where building is now seriously restricted.

I have also heard that this will be enforced, and these rules are here to stay. No need for any new laws now as with these being enforced this will be enough to save samui. What a shame the idiots that are in charge didn't come up with the laws before the land was sold.

For those who paid a high price for land that cannot now be built on due to new laws thats seriously bad luck. This shows that no investment in Thailand is safe as laws can be made up and changed whenever it suits those in positions of power.

[jerroldkippen]

It said 150 meters above sea level in the newspaper 2 weeks ago!

No 150 is a Forestry Department internal regulation that is also not enforce on Samui.

[highdiver]

It said 150 meters above sea level in the newspaper 2 weeks ago!

No 150 is a Forestry Department internal regulation that is also not enforce on Samui.

YES iT IS!!!

the forestry department regulation hasd been accepted by the Tae Saban.

Allready new applications for over that line have been refused and the Tae Saban has instructions to obide by this regulation.

The 80 meter line which is an enviromental ministry decision is still in the chanels.

The Tae Saban is now trying to request that the 80 line margin will not be confirmed as it has accepted the hight requested by the Forestry Department.