This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Building Control Act
Building Control Act B.E. 2522 (1979)
The information is reviewed and updated monthly against official sources.
In short
Thailand's principal statute governing how buildings are permitted, designed, inspected, altered, and demolished, with local officials empowered to order corrections or demolition and to impose fines and imprisonment for violations.
Section 4: Key definitions
Sets the meaning of terms used throughout the Act, including what counts as a building, alteration, removal, demolition, and use. It also categorizes higher-risk structures such as high-rise buildings (around 23 metres or taller), extra-large buildings, and public assembly places, which trigger stricter rules.
Section 2 / Section 8: Scope and ministerial regulations
The Act applies in areas designated by Royal Decree and automatically in town-planned zones, while high-rise buildings and theatres are covered everywhere. Detailed technical standards (materials, structure, ventilation, drainage, distances) are set by Ministerial Regulations issued under the Act rather than spelled out in the statute itself.
Section 21: Building permit requirement
Anyone who plans to build, alter, or relocate a building must first obtain a licence from the local official, or use the notification procedure under Section 39 bis where allowed. Starting work without proper authorization exposes the owner and builder to corrective orders and criminal penalties.
Section 22: Demolition permit
A licence (or notification) is required to demolish certain buildings: those over fifteen metres tall standing closer to a neighbouring structure or public place than their own height, and any building located within two metres of another building or public place. The rule protects adjacent property and people during demolition.
Section 21 bis / Section 27: Approved plans and design verification
Where regulations require it, structural calculations and design details must be verified by qualified professionals. The local official may order the applicant to amend submitted drawings so they comply before approval. Construction must then follow the approved documents; departing from them is treated as building without a valid permit.
Section 25: Time limit to decide on the application
The local official must examine a permit application and either grant or refuse the licence within a fixed period (generally forty-five days from receipt), with limited extensions where review is complex. This gives applicants a predictable timeline and a basis to challenge unjustified delay.
Section 32: Controlled-use buildings and occupancy certificate
Certain higher-risk categories, including hotels, condominiums, warehouses, and healthcare or public-use facilities, are classified as controlled-use buildings. They cannot lawfully be occupied or opened until a completion inspection has been passed and a certificate authorizing use has been issued by the local official.
Section 8(8) (height, setback, distance): Height, setbacks, and boundary distances
The Act authorizes Ministerial Regulations to fix building heights and the minimum distances and clearances between a building and neighbouring boundaries, roads, and public places. The actual numerical limits (open space, setbacks, maximum heights) live in those regulations and in local town-planning rules, which vary by area.
Coastal and environmental restrictions: Beach and environmentally protected zones
This Act does not itself set beach setbacks or conservation limits. Restrictions near coasts (for example height caps and distance from the shoreline in resort provinces) come from separate Ministerial Regulations and from environmental-protection-area orders under the national environmental quality law, which must be checked alongside the building permit.
Section 40: Stop-work and prohibition orders
When work appears unlawful, the local official can order an immediate halt, post a prohibition notice at the site, and require the responsible parties to correct the problem within about thirty days. This interim power applies before any demolition decision and lets authorities freeze a non-compliant project quickly.
Section 41: Order to rectify or legalize
Where a violation can be fixed, the official orders the owner to bring the building into compliance or obtain the missing licence within at least thirty days, extendable for good cause. Compliance can save the structure; failure moves the matter toward a demolition order under the next provision.
Section 42 / Section 43: Demolition order and enforced demolition
If a violation cannot be corrected or the owner ignores a rectification order, the official may order full or partial demolition within at least thirty days. Where the owner still refuses, the authority can seek court action and carry out the demolition itself, recovering the costs from the responsible parties.
Section 46: Dangerous buildings
If a building, or its key equipment such as electrical or fire systems, becomes hazardous to occupants or the public, the official can order repairs, restrict use, or require demolition where the danger cannot otherwise be removed. This applies to existing buildings regardless of when they were built.
Section 50 / Section 52: Appeals against decisions
Applicants, licence holders, and recipients of orders may appeal to a dedicated Appeals Committee within thirty days of a decision. The committee should rule within sixty days, and its decision can be taken to court within thirty days, giving owners a structured route to contest refusals and enforcement orders.
Section 65: Penalties for unlicensed work
Building, altering, or using a structure without the required permit can bring up to three months imprisonment or a fine up to sixty thousand baht, plus an additional daily fine (up to ten thousand baht) for every day the violation continues. The continuing fine pressures owners to remedy the breach promptly.
Section 66 bis / Section 67 / Section 70: Aggravated penalties and continuing offences
Ignoring a demolition order or a stop-work order carries heavier punishment, up to six months imprisonment or a fine up to one hundred thousand baht, with daily fines while non-compliance continues. Penalties are doubled when the offence involves a building used for commerce or industry, increasing exposure for developers.