This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
National Park Act
National Park Act B.E. 2562 (2019)
The information is reviewed and updated monthly against official sources.
In short
Protects conservation land: occupying, clearing or building in parks is a crime, the cause of defective, frozen or revoked titles on Samui and Phuket.
Section 4 (Definitions): Definitions of key terms
This part explains what counts as a national park, forest park, botanical garden, official boundary marker, and related terms. Foreign buyers and developers looking at land near protected zones need these definitions to understand whether a plot falls under park jurisdiction and restricted use rules.
Section 8 (Establishment of a park): Procedure for declaring a national park
A royal decree, accompanied by a map showing exact boundaries, is required to create a national park. Landowners near candidate sites should watch for such decrees, since new designations can suddenly restrict development, construction, or transfer rights over neighboring private land.
Section 9 (Boundary adjustment): Changing or canceling park boundaries
Boundaries of an existing park may be enlarged, reduced, or abolished only through another royal decree. This matters for property near park edges, as a boundary shift could either free up land for private use or newly absorb it into protected status.
Section 19 (Prohibited activities): Activities forbidden within park land
Within declared park areas, people are barred from occupying land, building structures, clearing vegetation, or altering natural features without permission. Anyone holding or hoping to acquire land bordering a park must confirm their plot lies fully outside these prohibited zones.
Section 20 (Permitted exceptions): Exceptions allowing limited use
Certain activities such as research, education, or officially approved tourism facilities may be allowed inside a park with director-general approval. This creates narrow legal pathways for commercial ventures like eco-lodges, subject to strict permitting and compliance with conservation goals.
Section 21 (Illegal occupants prior to designation): Treatment of pre-existing occupants
People occupying land before it became part of a park may be required to leave, sometimes with compensation arrangements set by regulation. Buyers should check historical land status carefully, since occupation predating a park decree does not guarantee permanent ownership rights.
Section 22 (Removal orders): Authority to order removal from park land
Officials have authority to order removal of persons, structures, or possessions found unlawfully within park boundaries, with a set timeframe for compliance. This provision underlines the risk of holding property whose title or boundary is disputed near a designated park.
Section 23 (Land survey and marking): Surveying and marking park boundaries
Authorities are empowered to survey land and place boundary markers to clearly separate park territory from adjoining private holdings. Property owners near parks should request official surveys to confirm exact demarcation lines before finalizing any purchase or construction plan.
Section 28 (Zoning within parks): Internal zoning for different uses
Parks may be divided into zones designated for strict conservation, recreation, or limited service facilities. Investors considering hospitality projects near or within park-adjacent land should verify which internal zone applies, as permitted activities vary significantly between zones.
Section 35 (Leases and concessions): Concession agreements for park services
The department may grant concessions for lodging, food services, or transport within designated park zones, under contracts with defined terms and fees. Such concessions represent one of the few lawful commercial footholds available to private operators inside protected park land.
Section 41 (Penalties for encroachment): Penalties for illegal occupation or construction
Persons who occupy, clear, or build on park land without authorization face fines and imprisonment, with heavier penalties for large-scale or commercial encroachment. This section signals serious legal exposure for anyone attempting informal development near or within park boundaries.
Section 44 (Confiscation of property): Confiscation of items used in violations
Tools, vehicles, or equipment used to commit offenses under this Act, including illegal construction machinery, may be confiscated by the state. Contractors and landowners near parks should ensure full compliance to avoid losing equipment used inadvertently in a violation.
Section 47 (Compensation limitations): Limits on compensation claims
Persons removed from park land generally cannot claim compensation for structures or improvements made after the park's official declaration. This creates significant financial risk for anyone who builds or invests on land whose park status is uncertain or pending confirmation.
Section 50 (Committee oversight): National park policy committee
A national-level committee oversees policy, boundary recommendations, and dispute resolution related to park designation and management. Property stakeholders disputing a boundary or seeking clarification on land status can potentially petition or monitor this committee's decisions and public records.