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It's not just simply a matter of buying
a plot of land by the beach and throwing up a few bungalows - but you
could easily be forgiven for thinking that was the case given the state of
some of the buildings that are put up on the island.
Since 2003, planning
regulations have been in place that make it increasingly hard for anyone to
set up a beachfront resort and impossible for anyone to build anything
within 20 metres of the shoreline - unless there's already a building in
place. In which case it can be knocked down and something else built
in it's place.
The Thai versions of the regulations
can be downloaded
here in large jpeg format
-a 1MB zip file. (Right click and then 'Save Target As' )
A word for word translation is very
boring as the majority of the 3 page document simply contains repeats of
lists of buildings that can or can't be built within a specified distance
from the shore. As very few of you will be contemplating building a
slaughterhouse anywhere on the island, let alone having sleepless nights
worrying about whether the plot of land you decided to build it on is over
600 metres from the shore or not, I've only included stuff that is relevant
to 99.9% of foreigners.
You will find resorts that have been
built within the past 3 years and whose buildings lie within 50 metres of
the shoreline. Two possible reasons for this are a) they submitted
plans, and received planning permission prior to the the new legislation
coming into effect; b) the developer 'accidentally' left a suitcase full of
cash lying around the offices of the planning department and failed to
return to collect it, and if asked will strangely deny the existence of such a suitcase.
Building regulations for Trat
province, including Koh Chang, Koh Kood and neighbouring islands,
effective 30 October 2003.
A.
Under these regulations land is divided
into four zones:
Zone 1) The first zone includes all
land within 50 metres of the shoreline.
Zone 2) Land lying between 50 and 200
metres from the shoreline
Zone 3) Land lying between 200 and 500
metres from the shoreline
Zone 4) Area in Koh Rang, Koh Kra
B.
Zone 1. You can't
build anything EXCEPT:
1) A single building for living or
government building. But it must be . . .
*Under 8 metres in height. *cover an
area less than 150sqm for each building *Over 4 metres apart from any
other building. *At least 2 metres from boundary of the land.
In addition, a maximum of 70% of the
land area can be built on.
2) A dam, pier (commercial use for
loading / unloading), drainage pipes, a bridge, a wall not more than 2
metres high.
Zone 2. You can't
build:
1) Any building higher than than 12 metres 2) Most factories 3)
A theatre 4) A transportation centre
- bus station, train station etc 5) Barns etc for housing animals unless
they're smaller than 10sqm 6)
Any building over 5000sqm 7) A market over 300sqm, which must be over 50
metres from any other market in the area 8) Engine repair or maintenance
shops unless related to boat engines 9) Propane gas shop or storage
facility 10)
A gas (petrol) station or storage depot 11) A clinic with more than five beds for inpatients
12) Advertising hoardings except road signs and place e.g. hotel signs,
but these must be under
12 metres high. 13) Any flammable buildings. i.e. those made
out of wood, with the
exception of single buildings under 6 metres in height, each of which must
be 4 metres from all other buildings . 14) Shophouses or shop units 15) On more than 70% of the land area 16)
A crematorium 17) A warehouse or storage facility over 100sqm in size 18)
A garbage incinerator for garbage
Zone 3. You can't
build:
1) Numbers: 2,5,8,9,15, as in Zone 2
above.
2) A warehouse over 200sqm in size
Zone 4. You can't
build anything EXCEPT:
1) A dam,
drainage pipes or a bridge
2) A pier for loading and unloading
vessels.
C. You can't change or adapt a
legally built building to make it buildings to
make into one which would be illegal in a certain Zone.
D. Any buildings built prior to
2003 are exempt from the zoning rules. However, they cant be adapted
for use as a structure that would be illegal under the new regulations.
E. Buildings that have been
granted permission to be adapted in the past (prior to 2003), but are not
yet completed are allowed to be completed.
Signed by Pramuan Rujanaseri
Remark: The reason these
laws were implemented was to protect the environment and avoid buildings
being built too close together.
What this means to most people
reading this is . . .
1) You can't build anything right by
the sea - so ignore any adverts that show mock ups of houses built
right on the shore line that won't happen.
2) If you want to have a resort
by the beach, it's now going to have to be built at least 50 metres from the
shoreline. Existing resorts will forever have the monopoly on
beachfront bungalows - nothing you can do about that.
3) Avoid narrow strips of land if
possible -
remember you have to build 2 metres in from the boundaries of your the land
- as shown on a title deed.
4) A single Rai of land by the beach is
worth nothing if you only intend to buy it to build a small resort on.
There just isnt enough land to build on.
5) Any plans you had for a combined
high-rise crematorium, clinic, slaughterhouse and natural gas storage
facility by the beach on Koh Chang will have to wait.
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